IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WA.No. 2209 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.24590/1998 Dated 07/11/2007 .................... APPELLANT(S): RESPONDENTS 2, 4 & 5 IN THE OP. ---------------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,P.H. DIVISION, PALAKKAD -1. 3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,P.H. DIVISION, SHORNUR, PALAKKAD DISTRICT. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENT(S): PETITIONERS & RESPONDENTS 1 & 3 IN THE OP. ----------------------- 1. A.P. BALAKRISHNAN, S/O. A.P. NARAYANAN, ATTASSERY PURAKKAL P.O., CHOORAKODE, VALLAPPUZHA, PALAKKAD, NOW WORKING AS OPERATOR, KERALA WATER AUTHORITY, P.W.S.S.S. SECTION, MALAMPUZHA, PALAKKAD. 2. V.SREEDHARAN, S/O. P.RAMAN NAIR, VETTATH HOUSE, P.O. KOODALUR, VIA KUMBIDI, PALAKKAD WATER AUTHORITY, P.H. SECTION NO.1, SHORNUR. 3. GOWRI SNAKARAN, S/O. BHASKARAN, PANACHENAKOLAMBA HOUSE, P.O. OLASSERI, KOTTAMBU, PALAKKAD NOW WORKING AS OPERATOR, KERALA WATER AUHORITY, P.H. SECTION, CHITTUR. W.A. NO.2209/2008 4. M.SANKARAN, S/O. MADHAVAN, ANAMARI HOUSE P.O. ERATTAKULAM, VIA ANCHUMOORTH, PALAKKAD, NOW WORKING AS FITTER, KERALA WATER AUTHORITY, P.H. SECTION, ALATHUR. 5. M.K. RAMAKRISHNAN, S/O. KUTTA, ORUPADAM HOUSE, KARIMBA P.O., MUNNEKRA, NOW WORKING AS FITTER, KERALA WATER AUTHORITY, P.H. SECTION, ALATHUR. 6. K.VASUDEVAN, S/O. KRISHNAN, VALIYAPARAMBIL HOUSE P.O., MANNAMPATTA, PULASSERI, PALAKKAD NOW WORKING AS OPERATOR, KERALA WATER AUTHORITY, P.H. SECTION, PATTAMBI. 7. T.GOPALAN, S/O. KARIKKA, THERUMARIL HOUSE, P.O. MANNAMPATTA, PULASSERI, PALAKKAD, NOW WORKING AS OPERATOR, KERALA WATER AUTHORITY, P.H. SECTION, PATTAMBI. 8. K.SUBRAMANIAN, S/O. A.KUNCHAN, KORATHODI HOUSE P.O., KUNDUKKAMKUNNAM, PALAKKAD, NOW WORKING AS OPERATOR, KERALA, WATER AUTHORITY, P.H. SECTION, PATTAMBI 9. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY ,GOVT. OF KERALA, TIRUVANANTHAPURAM. 10. THE SECRETARY, IRRIGATION, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.T.K.MARTHANDAN UNNITHAN FOR R1 TO 8 ADV. SRI.T.K.M.UNNITHAN FOR R1 TO R8 SR. GOVERNMENT PLEADER SRI.BENNY GERVACIS FOR R9 & R10 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2209 of 2008 and C.M.Appl.No.994 of 2008 ------------------------------------- Dated 19th November, 2008 JUDGMENT Koshy,J . Writ petitioners joined as C.L.R. workers in the Public Health Engineering Department under the State Government between 12.5.1980 and 26.5.1983, before the constitution of the Kerala Water and Waste Water Authority with effect from 1.4.1984 which later on came to be the Kerala Water Authority. Petitioners continued in the Water Authority also and they were absorbed in the regular establishment only with effect from 21.10.2005. Similarly situated persons approached the Supreme Court earlier and the Hon'ble Supreme Court directed regularization with various specific directions in Jacob M.Puthuparambil and Others v. Kerala Water Authority & Others (AIR 1990 SC 2228). In the impugned judgment, the learned single Judge only directed that similar benefits be given to the petitioners also. This appeal is filed with a delay of 261 days. Reason stated in the affidavit in support of the application to condone the delay is that the authority took time for procuring the documents necessary for filing the appeal. We are of the opinion that the above reason is not at all sufficient to condone the long delay of 261 days W.A.2209/2008 2 in filing the appeal. Since no satisfactory reasons are stated to condone the delay, the application to condone the delay is dismissed. Consequently, the appeal is also dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks