IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WA.No. 2745 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29559/2007 Dated 22/10/2007 .................... APPELLANT(S): PETITIONERS --------------------------------- 1. C.J.JOSEPH, OIL SUPPLIER, WATER TRANSPORT DEPARTMENT, S/O JOSE KATTUMKEL, THAIPARAMBIL VEEDU, CONVENT SQUARE, FACTORY WARD, WARD NO.22, ALLEPPEY. 2. M.V.MATHAI, OIL SUPPLIER, S/O VARGHESE, WATER TRANSPORT DEPARTMENT, POTTANKULANGARA, AVALUKUNNU P.O., ALLEPPEY. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA STATE WATER TRANSPORT DEPARTMENT, ALLEPPEY. 3. THE WORKS MANAGER, STATE WATER TRANSPORT DEPARTMENT, (DOCK & REPAIR SECTION), ALLEPPEY. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ------------------------------------------------- W.A.No.2745 of 2007 -------------------------------------------------- Dated this the 14th day of January, 2009 JUDGMENT Kurian Joseph,J. Appellants are the petitioners in the writ petition. They are aggrieved since despite their long and uninterrupted service for around three decades, they are not regularised in service. They were engaged as Part-time Oil Suppliers in the Kerala Water Transport Department. The learned Government Pleader submits that there is no sanctioned post available in the Department to accommodate the appellants and that on policy the Government does not propose to create such posts. However, taking note of the long service and age of the appellants they have been permitted to continue in service with the permissible wages and allowance, to do equity and justice to them. Since it is a matter of policy of the Government, this court will not be justified in compelling the Government to create posts and accommodate the appellants. However, since the Government itself has taken some steps under Rule 39 of the General Rules to do equity and justice to the appellants, it will be open to them to approach the Government itself to see whether there is any possibility of accommodating them in any sanctioned post in view of their long service of W.A.No.2745 of 2007 -:2:- around 30 years. It will also be open to the appellants to approach the Government as and when there is a change in the policy. Without prejudice to the liberty as above, the writ appeal is dismissed. (KURIAN JOSEPH, JUDGE) (P.R.RAMACHANDRA MENON JUDGE) ahg. KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. --------------------------- W.A.No.2745 of 2007 ---------------------------- JUDGMENT 14th January, 2009