IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 18049 of 2008(W) --------------------------------------- PETITIONER: ----------------- P.GOVINDAN, S/O MOOTHORAN, POTTAYIL HOUSE, P.O. PALLATH (VIA), KAKKOD, KOZHIKODE. BY ADV. SRI.P.GOPINATH MENON RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (B) DEPARTMENT,THIRUVANANTHAPURAM. 2. THE CHIEF ENGINNER, IRRIGATION & ADMINISTRATION, THIRUVANANTHPURAM, 3. THE EXECUTIVE ENGINNER K.Y.I.P. DIVISION, PERAMBRA, KOZHIKODE DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER, K.Y.I.P. DIVISION SUB DIVISION, KAKKODI. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).18049/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF G.O.(P)6/90/PW&T DATED 20/01/1990. EXT.P2: COPY OF THE REPRESENTATION DATED 28/07/1992 SUBMITTED BY THE PETITIONER. EXT.P3: COPY OF THE ORDER BEARING NO.C8-5139/99 DATED 09/02/1999 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER NO.05-1947/2002 DATED 24/03/2003 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER NO.C5-24517/2000 DATED 22/11/2000. EXT.P6: COPY OF THE CLR ROLL FOR THE PERIOD FROM 19/04/1979, 20/04/1979 AND 30/04/1979 TO 04/05/1979. EXT.P7: COPY OF THE JUDGMENT IN W.P.(C). NO.15184 OF 2004. EXT.P8: COPY OF THE ORDER DATED 28/06/2006 PASSED BY THE 2ND RESPONDENT EXT.P9: COPY OF THE JUDGMENT IN W.P.(C). NO.261316 OF 2007. EXT.P10: COPY OF THE ORDER DATED 05/12/2007 PASSED BY THE 1ST RESPONDENT. EXT.P11: COPY OF THE LETTER DATED 29/01/2008 PASSED BY THE 1ST RESPONDENT. EXT.P12: COPY OF THE ORDER DATED 07/06/2008 PASSED BY THE 2ND RESPONDENT EXT.P13: COPY OF G.O.(P).NO.106/85/PW &T DATED 17/09/1985. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ V.GIRI, J. ----------------------------------------------- W.P.(C).No.18049 of 2008 W ----------------------------------------------- Dated this the 4th day of July, 2008. JUDGMENT The petitioner worked as a CLR worker in the Irrigation Department from 1978. According to the petitioner, he had worked for several days, subsequent to 1978 and had also rendered service for more than 500 days as on 1.4.1987. By Ext.P1 Government Order-G.O.(P)No.6/99/PW & T dated 20.1.2990, the Government examined the request of the workers' organisations in the matter of absorption of CLR workers in the Public Works Department into SLR service and thereafter to regular service. The following directions were issued: “i. CLR workers will be appointed directly to the vacancies in the regular service created for the appointment of NMR workers to the extent of vacancies available at present. ii. After the vacancies in the regular service are filled up as above, the other CLR workers will be appointed to the vacant SLR posts. iii. Those appointed to SLR post will also be appointed to regular posts as and when vacancies arise in the posts created for appointment of NMR workers. W.P.(C).NO.18049/08 :: 2 :: iv. The CLR workers to be appointed to regular service/SLR posts should have been in service on or before on 19.9.5.1983 and they should have put in a minimum service of 500 days as on 1.4.1987. Those CLR workers appointed on or before 19.5.1983 and have not completed 500 days of service as CLR workers on 1.4.1987 will be eligible for absorption as SLR workers according to the orders in C.O.(P)No.106/85/85/PW & T dated 17.9.1985 but they will not be eligible for appointment to regular posts.” 2. What is referred to in Clause 2(iv) of Ext.P1 Government Order is Ext.P13 Government Order. The relevant portion of Ext.P13 is contained in Clause 7(4). The same reads as follows: “(iv) As and when a vacancy arises in the regular establishment in the posts created for absorbing NMR workers the same shall be filled up by regularising the existing SLR workers on the basis of seniority. The vacancy in the SLR cadre shall be filled up by appointing the existing CLR workers on the basis of seniority. This facility shall not be available to any workers appointed after 19.5.1983.” W.P.(C).NO.18049/08 :: 3 :: 3. On a reading of Clause 2(iv) of Ext.P1 and Clause 7(iv) of Ext.P13, the position which emerges, according to the petitioner, is that as and when a vacancy arises in the regular establishment in the posts created for absorbing NMR workers the same shall be filled up by regularising the existing SLR workers on the basis of seniority. Insofar as the claim of CLR workers to be appointed as SLR workers, they should have been in service on or before 19.5.1983 and should have put in a minimum of 500 days as on 1.4.1987. For those who do not come under the said category as they do not have 500 days of service as CLR workers as on 1.4.1987, they would be eligible for absorption as SLR in terms of Clause 7(iv) of Ext.P13 order. A reference to Clause 7(iv) of Ext.P13 will show that the requirement seems to be that they should have rendered service as CLR workers prior to 19.5.1983. This is the contention of the learned counsel for the petitioner. On the said premise, he points out that Exts.P3 and P4 are orders issued by the Chief Engineer directing absorption of CLR workers into SLR W.P.(C).NO.18049/08 :: 4 :: service, on the strength of the fact that they had been in CLR service prior to 19.5.1983, though they had not completed 500 days as on 1.4.1987. The petitioner's claim made, in this regard, was directed to be considered by this court earlier as per Ext.P7 judgment. The Chief Engineer considered the same by Ext.P8 order. The relevant portion of Ext.P8 read as follows: “But on verification of the old CL Rolls received from the Superintending Engineer, Project Circle, Kannur, along with his letter No.E4.4740/87 dated 21.2.03, it is learnt that the petitioner had worked for 14 days on CLR basis during 1979. As such, he is entitled to be absorbed as SLR worker in terms of the Government Order read as 1st paper above.” 4. Since Ext.P8 contemplated a further order of the Government. Apparently, the petitioner was waiting for the same. When he perceived that he will not get justice, he approached this court with W.P.(C)No.26316/07. This court disposed of the said writ petition in the following terms: “In circumstances where the petitioner's eligibility to be absorbed as SLR worker has been found by the Head of the Department, there is no reason why an order W.P.(C).NO.18049/08 :: 5 :: should not be passed in terms of the petitioner's eligibility as mentioned in Exhibit-P8. In the circumstances, this writ petition is disposed of directing the 1st respondent to pass orders in consequence of Exhibit-P8, within one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance.” 5. Subsequent to Ext.P9, three orders came to be passed. ExtP10 came to be passed on the premise that the writ petition leading to Ext.P9 judgment was pending and Ext.P11 came to be passed on the same premise, taking note of the judgment. The petitioner then moved C.O.C.No.643/08 alleging that in passing Exts.P10 and P11, the Government has acted in contravention of the directions issued in the judgment. Therefore, a fresh order was passed as per Ext.P12. But here again, the Government had rejected the petitioner's claim on the premise that he is not entitled to the benefit of Ext.P1 Government Order, inasmuch as that, he was not in service on 19.5.1983, nor did he have 500 W.P.(C).NO.18049/08 :: 6 :: days of service as on 1.4.1987. Ext.P12 order is challenged in this writ petition. 6. A counter affidavit has been filed on behalf of the 1st respondent supporting Ext.P12 order. 7. I heard learned counsel for the petitioner Mr.P.Gopinath Menon and the learned Government Pleader Smt.Sreelatha. 8. Learned Government Pleader submits that the intent and purport of Clause 2(iv) of Ext.P1 read with Clause 7(iv) of Ext.P13 is that CLR workers, who were in service on 19.5.1983 and also who have completed 500 days of service as on 1.4.1987, are entitled to absorption into SRL service and thereafter into regular service. Assuming that such persons did not have 500 days of service as on 1.4.1987, they should have been in service at least on 19.5.1983 to be considered for absorption into SLR service, even if they are not entitled to subsequent absorption into regular service. 9. In my view, it is not necessary to finally pronounce on this aspect. I am of the view that in the present case, a direction W.P.(C).NO.18049/08 :: 7 :: issued in Ext.P9 judgment covers the situation insofar as the petitioner is concerned. In Ext.P8, the Chief Engineer has held that the petitioner is entitled to be absorbed into SLR service in terms of the Government Order dated 20.1.1990, which again will have to be read in conjunction with Ext.P13. This portion of Ext.P8 order has been construed by this court in Ext.P9 judgment as declaring the petitioner's eligibility to be absorbed as an SLR worker and it is accordingly that this court had issued a direction to the Government to pass orders 'in consequence of Exhibit-P8”. But, when it came to Ext.P12 order, the Government has taken the view that the petitioner is not eligible for absorption as SLR worker on its own view, without regard to the scope and ambit of Clause 2(iv) of Ext.P1, read with Clause 7(iv) of Ext.P13. 10. In my view, the Government was not entitled to do so in the light of the directions issued in Ext.P9, which has become final. Assuming that there was still inadequacy in the petitioner's eligibility, which assumption is W.P.(C).NO.18049/08 :: 8 :: strongly refuted by the petitioner, once this court had declared the petitioner's eligibility and directed that the Government should pass an order in consequence of Ext.P8 wherein the petitioner has been found to be eligible to be absorbed as SLR worker, there is no further discretion available to the Government to reconsider the case of the petitioner for the purpose of absorption of SLR worker. I make it clear that this court has not held that the petitioner is entitled to be absorbed into regular service. Obviously, the eligibility of the petitioner is confined to absorption as SLR worker and not as a regular worker. This is for the reason that the petitioner has not been able to place any materials to show that he has got 500 days service as on 1.4.1987 and would, therefore, be comprehended by the second part of Clause 7(iv) of Ext.P13. The writ petition is, therefore, allowed. Exts.P11 and P12 are set aside. It is declared that the petitioner is entitled to be absorbed into SLR service in terms of Clause 2 (iv) of Ext.P1 read with Clause 7(iv) of Ext.P13 W.P.(C).NO.18049/08 :: 9 :: as certified in Ext.P8 recommendation of the Chief Engineer. Consequential orders shall be passed within two months from the date of receipt of a copy of this judgment. The benefits due to the petitioner consequential thereupon shall be disbursed within the same time frame. Sd/- (V.GIRI) JUDGE sk/ //true copy//