IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 30170 of 2008(N) -------------------------- PETITIONER(S): --------------- KARTHYAYANI, W/O. T. BALAN, AGED 54 YEARS, WORKER GR.II, POTHUNDI IRRIGATION PROJECT, POTHUNDI.P.O, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION (A) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION, TRIVANDRUM. 3. THE ASSISTANT EXECUTIVE ENGINEER, POTHUNDI IRRIGATION PROJECT, POTHUNDI.P.O, PALAKKAD. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30170/2008-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T The petitioner is seeking for a direction to the respondents to permit her to continue in service till she attains the age of 58. The claim is based on the fact that she was appointed initially, prior to 07/04/1970 as a C.L.R worker. 2. The necessary facts for the disposal of the case show the following:- She was working as a C.L.R Worker in the Pothundy Dam Irrigation Project in Palakkad District during the period 1966-1968. When the Pothundy Project Division was abolished, 12 workers including the petitioner were retrenched from service. The Government subsequently directed that C.L.R Workers may be given preference for reappointment in the vacancies of N.M.R Workers that may arise in any of the Projects in Palakkad District. The said order is dated 17/09/1985. The C.L.R Workers had to be accommodated on the basis of seniority as provided in the said Government Order when S.L.R. Workers are regularised. Later by G.O.(P) No.6/90 PW&T dated 20/01/1990, the Government ordered that C.L.R Workers in Public Works Department will be appointed directly in the W.P.(C) No.30170/2008 -:2:- vacancies in the regular service. As per Ext.P1 proceedings, the petitioner and other 11 retrenched C.L.R Workers were absorbed into N.M.R. 3. The petitioner is claiming 2411/2 days of work in C.L.R service as on 31/07/1967. Ext.P2 proves the same. She is serial No.12 therein. The Government as per the said letter addressed to the Chief Engineer Gl.&P, Thiruvananthapuram conferred right for preference in appointment in the vacancies of N.M.R Workers to the 12 C.L.R Workers mentioned in therein. The petitioner contends that in the light of the same, she should be treated as a person appointed prior to 07/04/1970. 4. The benefit to persons like the petitioner who were working as C.L.R Workers to continue upto 58 years of age was declared as per Ext.P3. This Court in O.P.No.9710/1996 considered the question whether the persons who have been appointed prior to 07/04/1970 and had obtained regularisation thereafter will be entitled to get the benefit of the enhanced retirement age. By Ext.P4 judgment this legal position was settled. It was held that the date of the order of regularisation is not criterion for deciding the right of the workers to continue in service till the age of 58. 5. Consequently, Government issued Ext.P5 order in the case of a person who was working as C.L.R Worker from 27/12/1967 onwards. The petitioner is seeking a similar benefit. Ext.P6 is the representation sent by the petitioner before the second respondent through proper channel. W.P.(C) No.30170/2008 -:3:- 6. Heard the learned counsel for the petitioner and the learned Government Pleader. Going by paragraph 2 of Ext.P3 Government Order, the age of retirement of C.L.R Workers regularised in service as per G.O (P) No.6/90/PW&T, dated 21/01/1990, will be 58 years in the case of those appointed prior to 07/04/1970 and 55 years in the case of those appointed after 07/04/1970. I have already disposed of W.P.(C).No.574/2009 which was a writ petition filed by one Sreedharan whose name also figures in Ext.P2. He was serial No.7 in the same. In the above judgment it was also found that Ext.P2 could be relied upon to consider whether they have been appointed prior to 07/04/1970. In that view of the matter, the petitioner is entitled to succeed. Since the petitioner satisfies the conditions prescribed for continuance upto 58 years, going by the dictum laid down in Ext.P4 judgment, there will be a direction to continue her upto 58 years. The petitioner shall be retained in service till the last day of service till she attains the age of 58 years. The writ petition is allowed as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE