IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 W.P(C).No. 22482 of 2007(B) -------------------------- PETITIONER: ------------ K.SUKUMARAN, S/O. NARAYANAN NAMBOODIRI, AGED 61 YEARS, (OPERATOR HIGHER GRADE) KERALA WATER AUTHORITY, THRISSUR,RESIDING AT MELAYIL HOUSE, P.O.VALLACHIRA, THRISSUR DISTRICT- 680 562. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 3. THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, IRINJALAKUDA, THRISSUR DISTRICT. BY SRI. NANDAKUMAR, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 22482/2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE G.O. (MS.) NO.93/81/LA & SWD OF THE GOVERNMENT. EXHIBIT P2 : TRUE COPY OF THE LETTER NO.PHE-2 (A) 2152/82 OF THE CHIEF ENGINEER, PHED. EXHIBIT P3 : TRUE COPY OF THE ORDER NO.KWA/AO(ESTT.)/ PEN.2530/1389 OF THE 2ND RESPONDENT. EXHIBIT P4 : TRUE COPY OF THE GRATUITY PAYMENT ORDER OF THE 2ND RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE LETTER NO. KWA/ JB/E5 / 14926/2000 OF THE 2ND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE GRATUITY PAYMENT ORDER OF -DO- EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P8 : TRUE COPY OF THE -DO- BEFORE THE 2ND RESPONDENT. EXHIBIT P9 : TRUE COPY OF THE JUDGMENT IN O.P.NO.1318/2002-F OF THIS HON'BLE COURT. EXHIBIT P10: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT. EXHIBIT P11: TRUE COPY OF THE DECISION REPORTED IN 2007 (4) S.C.C. 207. EXHIBIT P12: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT. /TRUE COPY/ P.A TO JUDGE scm V.GIRI,J. ------------------------- W.P ( C) No. 22482 of 2007 -------------------------- Dated this the 28th July, 2008 J U D G M E N T Petitioner entered service as CLR Worker in the Water Authority on 10.7.1975. By G.O (MS) No.26/79/LA&SWD dated 23.7.1979, it was ordered that CLR/SLR workers who worked for 240 days in a continuous period of 12 months, till 4.8.1979 were to be absorbed as NMR from 1.4.1979. Apparently, petitioner’s name was not included in the list of absorbed CLR workers and this omission was set right only by G.O (MS ) No.234/80/LA & SWD .dated 19.9.1980. Petitioner and others were granted the status of NMR with effect from 1.4.1979. Petitioner points out that by Exhibit P1 order dated 27.5.1981, the CLR/SLR workers who were absorbed as NMR were granted service benefits from 4.8.1977 without the benefit of arrears. Petitioner claims the same benefits which were directed to be considered under Exhibit P7 judgment. But water Authority turned it W.P ( C) No. 22482 of 2007 2 down as per Exhibit P10 order. Petitioner has preferred Exhibit P12 representation before the Government highlighting this aspect. 2. Yet another grievance highlighted by the petitioner relates to retention of an amount of Rs.1597/- apparently, without notice to the petitioner. Petitioner retired from service on 31.10.1998. No liability was fixed within three years from the date of retirement. 3. The third aspect highlighted in the writ petition relates to non-inclusion of the name of the petitioner in the seniority list of Operators as on 1.1.1998. This aspect is also highlighted in Exhibit P12 representation. 4. I heard learned counsel for the petitioner and learned standing counsel for the Water Authority and learned Government Pleader. The grievance of the petitioner as regards the claim for treating his service from 4.8.1977 is now pending consideration before the Government, so also the claim for inclusion in the seniority list of Operators as on 1.1.1998. W.P ( C) No. 22482 of 2007 3 In the result, the writ petition is disposed of directing the 1st respondent to consider Exhibit P12 and after hearing the petitioner a decision shall be taken thereon, within a period of three months from the date of receipt of a copy of this judgment. Since no liability was fixed with notice to the petitioner within three years from the date of retirement , any amount which has been retained from the DCRG due to the petitioner shall be disbursed by the Water authority, within a period of two months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 22482 of 2007 4 W.P ( C) No. 22482 of 2007 5