IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 25318 of 2008(L) ------------------------------------- PETITIONERS: --------------------- 1. OMANAKUTTAN.K., S/O.KARUNAKARAN, CHALUMBATTU MEENATHERIL HOUSE, MEMANA, OACHIRA, KOLLAM DISTRICT. 2. K.SASI, S/O.KUNJU PILLAI, KOCHAYYATHU HOUSE, ADINADU SOUTH, KARUNAGAPPALLY, KOLLAM DIST. BY MR.JACOB SEBASTIAN, ADVOCATE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPT. OF PWD & ADMINISTRATION (B-DEPT.), SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER, PWD & ADMINISTRATION TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, KANJIRAPPUZHA IRRIGATION PROJECT, KANJIRAPPUZHA, PALAKKAD DIST. 4. THE ASSISTANT EXECUTIVE ENGINEER, SIRUVANI PROJECT, SUB DIVISION NO.4, SIRUVANI SAGAR VIA., THACHAMMPPARA, PALAKKAD 678 593. 5- ADDITIONAL 5TH RESPONDENT - THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - IS IMPLEADED AS ADDITIONAL 5TH RESPONDENTVIDE ORDER DATED 11.12.2008 IN I.A.15708/2008 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J ================== W.P(C) No. 25318 of 2008 ================== Dated this the 5th day of February, 2009 J U D G M E N T The petitioners herein were casual workers engaged during the construction of Siruvani Irrigation Project. The casual labour rolls maintained in the office of 3rd respondent for the relevant period will show that they were being continuously engaged as C.L.R. worker. The grievance raised in the petitioners here is regarding the non consideration of their names for inclusion in the seniority list for absorption to the S.L.R. cadre. Ext.P1 is the Government order dated 20.1.1990, which provides for a scheme regarding absorption of CLR workers in other categories. As per the above Government Order paragraphs 2(1) to 2(3) concern the benefits available to CLR workers. Ext.P2 order shows that they had been working as CLR in Siruvani Irrigation Project during the period 1980-1999. Ext.P3 is the casual labour roll for the period 22.12.1981 to 31.12.1981. On 11.5.1992 they submitted an application before the 4th respondent for getting their name included in the seniority list of SLR workers as provided in Ext.P1. It is pointed out that as per Ext.P4 the W.P(C) No. 25318 of 2008 -2- proforma and application have been forwarded by the Assistant Executive Engineer. 2. The dispute is whether they have submitted an application within a cut off date i.e. 31.7.1992 as laid down in the Government Letter No. 30113/B1/91/PW & T dated 22.5.1992. This issue is covered in favour of the petitioners as per Ext.P5 judgment dated 11.1.2008 wherein this Court held that 'since petitioners who were poor workers had filed their applications before the concerned office on 18.4.1992, much before the cut off date, that is, before 31.7.1992, rejection of their application merely because it was not sent in time cannot be accepted.' Here, the application was submitted on 11.5.1992. Therefore, any delay in forwarding the same cannot adversely affect the rights of the petitioners. 3. The other point raised is with regard to the identity of the petitioners. Since the final orders have not been passed in the matter, this court at this stage need not go into the merits of the claim. It is for the competent authority to consider all the materials and then take a decision in the matter. Therefore, there will be a direction to the 2nd respondent to consider claim W.P(C) No. 25318 of 2008 -3- of the petitioners as per Ext.P4 within a period of 2 months from the date of receipt of the copy of this judgment, after affording an opportunity of being heard to the petitioners also This writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR JUDGE rhs