IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH SEPTEMBER 2007 / 21ST BHADRA 1929 OP.No. 3048 of 1999(K) ------------------------------ PETITIONER: ------------------ RAJAN K.M., S.L.R. WORKER, NATIONAL HIGHWAY (PWD), SECTION KANHAGAD, KANHANGAD P.O., KASARAGOD DT. BY ADV. SRI.P.RAVINDRAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE EXE. ENGINEER, IRRIGATION DIVISION, THRISSUR. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tga ORDER ON CMP NO. 5224/1999 IN OP NO. 3048/1999 K. DISMISSED 12/09/2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE GO P NO. 6/90/PW&T DT. 20/1/90. EXT.P2. COPY OF THE GO MS NO. 17/96/TRD DT. 1/3/96. EXT.P3. COPY OF THE EXTRACT FROM THE SENIORITY LIST OF CLR WORKERS NO. O & M (2) 49461/88 DT. 20/1/97. EXT.P4. COPY OF THE GO MS NO. 52/98/PWD DT. 29/6/98. EXT.P5. COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE R1 DT. 30/12/98. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.3048 OF 1999 ------------------------------------------- Dated this the 12th day of September, 2007 JUDGMENT Learned Government Pleader appears for the first respondent. Service complete. Though notice has been issued to respondents 2 and 3 and service completed, there is no counter affidavit contesting the claim of the petitioner that he is entitled to be absorbed in the regular service. However, learned Government Pleader submits, on instructions, that the petitioner does not have the minimum requisite period of service for being regularised. Hence the writ petition is disposed of directing that Ext.P5 representation needs to be considered and a decision taken and communicated to the petitioner stating reasons, if any, for the stand why the petitioner's service cannot be regularised in spite of Ext.P3. Let the needful be done and an order issued by the second respondent within an outer limit of three months from the date OP.3048/99 Page numbers of receipt of a copy of this judgment, after affording the petitioner an opportunity of being heard. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. OP.3048/99 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.3048 OF 1999 JUDGMENT 12th SEPTEMBER, 2007. =======================