IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 36015 of 2010(B) --------------------------------------- PETITIONER(S): ---------------------- 1. K. MADHUSOODANAN, S.L.R. WORKER, PWD ROAD SECTION, ALATHUR, PALAKKAD DISTRICT. 2. N.A. AZEEZ, S.L.R. WORKER, PWD ROAD SECTION, KALLOORKKAD, MOOVATTUPUZHA. 3. WILFRED JOHN, S.L.R. WORKER, N.H. BYE PASS SUB DIVISION NO.2, P.W.D. KOVALAM, THIRUVANANTHAPURAM. 4. O. MADHAVAN, S.L.R. WORKER, P.W.D. ROADS SECTION, BALUSSERY, KOZHIKODE DISTRICT. BY ADV. SRI.ASOK M.CHERIAN, SRI.SANTHOSH G. PRABHU, SRI.S.KANNAN, SMT.S.RAKHEE, SMT.K.S.SANGEETHA. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, PUBLIC WORKS (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER MR.K.J. JOSE ADIYODI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 36015 of 2010(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(P).6/90/PW&T DATED 20/01/1990 OF THE 1ST RESPONDENT STATE. EXT.P2: COPY OF THE MINUTES OF THE CONFERENCE CONVENED BY THE MINISTER FOR LABOUR AND REHABILITATION WHICH WAS HELD ON 28/02/2001 PUBLISHED BY GOVERNMENT LETTER DATED 26/03/2001. EXT.P3: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 13/07/2008 SHOWING THE ABOVE FACTS. EXT.P4: COPY OF THE LETTER OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT, DATED 15/01/2009. EXT.P5: COPY OF THE LETTER OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT DATED 01/10/2009. RESPONDENT'S EXHIBITS:- EXT.R2(a): COPY OF THE GO(P).106/85/PW & T DATED 17/09/1985. //TRUE COPY// P.A. TO JUDGE rs K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.36015 of 2010-B. = = = = = = = = = = = = = Dated this the 19th October, 2011. J U D G M E N T The petitioners are persons who had been initially engaged to work in the Public Works Department as CLR workers right from 1983. As per Ext.P1 Government Order dated 20.1.1990, the Government of Kerala has decided to absorb those CLR workers in the Public Works and Irrigation Department who were in service prior to 19.5.1983 and who had completed 500 days service as on 1.4.1987 into the regular establishment as Workers Grade I and Grade II. CLR workers appointed on or before 19.5.1983 who had not completed 500 days of service as on 1.4.1987 are directed to be absorbed as SLR workers. The petitioners are CLR workers who had not completed 500 days of service as on 1.4.1987. Therefore, they were absorbed as SLR Workers. The understanding was that WP(C).No.36015/2010-B. 2 subsequently SLR workers like the petitioners would be absorbed in the regular establishment and thus the said category of workers would also cease to exist. The petitioners have filed this writ petition seeking implementation of the above policy of the Government. 2. A counter-affidavit has been filed on behalf of the second respondent wherein it has been stated as follows: “It is further submitted that based on the decision taken in the meeting convened on 28.2.2001, a proposal for regularization along with the list has come for consideration by Government. The Council of Ministers decided to regularize the workers with the concurrence/suggestions from Kerala Public Service Commission. Now the concurrence from Kerala Public Service Commission has been received. The case of making the appointments of 137 SLR workers in Public Works Department, who have been working for 10 years and do not attain the age of 55 years, permanent, is being examined by Government after considering various issues involved in the matter.” 3. It is clear from the above that all the hurdles for absorption of the petitioners into regular service have ceased to exist with the concurrence of the Public Service WP(C).No.36015/2010-B. 3 Commission being obtained. The above being the position, what remains is only to issue appropriate orders giving effect to the proposal to regularize the services of workers like the petitioners. 4. In view of the above, this writ petition is disposed of directing the first respondent to issue appropriate consequential orders giving effect to the proposal to absorb the persons like the petitioners into regular service, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-