IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WA.No. 2316 of 2007 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.25451/2005 DATED 03/08/2007. .................... APPELLANTS: --------------------- 1. K.K. JOSE, GRADE II WORKER, M.I.SECTION, KODAKARA, RESIDING AT KAVALAKKAT VEEDU, THYKUTTAM, KALLUR, P.O. ANNAMANADA, PIN-680 741. 2. T.G. VELAYUDHAN, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT THAYIL VEEDU, CHANDANAKUNNU, P.O. CHETTIKKULAM, PIN-680 725. 3. K.UNNIKRISHNAN, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT KANNAMPUZHA VEEDU, AYRANKULAM P.O., PIN-680 734 ,(RETIRED). 4. SURENDRAN, GRADE II WORKER, M.I.SECTION, CHALAKUDY, RESIDING AT MADAYATH VEEDU, VALLOOR P.O., CHERUVALOOR. 5. C.C. PAULOSE, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT CHEENIKAL VEEDU, KADUKUTTY P.O., KADUKUTTY. 6. T.A. GEORGE, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT THANDAPILLY VEEDU, P.O. ERYANKUDY, VIA KORATTY, MAMBRA. 7. M.K. BHASKARAN, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT MANGADATH VEEDU, ERAYANKUDY P.O., MAMBRA. W.A. NO. 2316/2007: 8. K.V. SURENDRAN, GRADE II WORKER, M.I.SECTION, CHALAKUDY, RESIDING AT KOVATT VEEDU, P.O. ELAVOOR, ANGAMALY VIA. 9. K.V. RAJAN, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT KUNDOLI VEEDU, P.O. ELAJIPRA, CHALAKUDY VIA. 10. M.A. JOY, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT MALIYAKAL VEEDU, MANDYKUNNU, P.O. MURINGOOR. 11. P.H. ABDUL HAKKEM, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT PLACKAL VEEDU, P.O. ERAVATHUR, KOCHUKADAVU, PIN-680 734. 12. P.S. ABDUL NAZAR, GRADE II WORKER, M.I.SECTION, MALA, RESIDING AT PLACKAL VEEDU, KOCHUKADAVU, P.O. ERAVATHUR. 13. P.K. ABDUL HAQUE, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT PANDARAMPARAMBIL VEEDU, P.O. ERAVATHUR, KOCHUKADAVU, PIN-680 734. 14. V.S. NARAYANAN, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT VATTOLI PARAMBIL VEEDU, THUMBARASSERY, P.O. KUZHOOR. 15. K.C. SUKUMARAN, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT KANICHAPILLI, P.O. MALA, PALLIPURAM, PIN-680 732. 16. P.D. OUSEPH, GRADE II WORKER, M.I.SECTION, MALA, RESIDING AT PLAKKA KOKKATTIL VEEDU, PALLUKARA, PIN-680 731. 17. A.I. ABBAS, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT AYYARIL VEEDU, P.O. ANNAMANADA, PIN-680 741. W.A. NO. 2316/2007: 18. E.K.ASOKAN, GRADE II WORKER, M.I. SECTION, MALA, RESIDING AT ELAYIDATH VEEDU, PALISSERY, P.O.M ANNAMANADA, PIN-680 741. 19. K.A. RAJU, GRADE II WORKER, M.I.SECTION, CHALAKUDY, RESIDING AT KALAPARAMBATH VEEDU, PATHADAL, P.O. ERAYANKUDY. 20. K.A.JOSE, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT KALAPARAMBATH VEEDU, PATHADAL, P.O. ERAYANKUDY. 21. K.M.JOSEPH, GRADE II WORKER, M.I.SECTION, MALA, RESIDING AT KALAPARAMBATH VEEDU, P.O.POOVATHSSERY, KUMBIDY. (RETIRED). 22. P.A.RATHAN, GRADE II WORKER, M.I.SECTION, MALA, RESIDING AT PALLITHARA VEEDU, ELAVOOR P.O., ANGAMALY VIA. 23. K.T. THOMAS, GRADE II WORKER, M.I.SECTION, MALA, RESIDING AT KALLARACKAL VEEDU, P.O. KUTTIKAD, PIN-680 721. (RETIRED). 24. T.K.RAMAKRISHNAN, GRADE II WORKER, M.I. SECTION, KODAKARA, RESIDING AT THAYIL VEEDU, P.O. CHENGALLUR, PUTHUKAD VIA. 25. T.K.RAJAN, GRADE II WORKER, M.I. SECTION, KODAKARA, RESIDING AT THAYIL VEEDU, P.O. CHENGALLUR, PUTHUKAD VIA. 26. K.A. PAUL, GRADE II WORKER, M.I.SECTION, CHERPPU, RESIDING AT KANNAMPUZHA VEEDU, P.O. NEDUPUZHA, THRISSUR-7. 27. K.V. SUDEVAN, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT KORUNADAN VEEDU, P.O. CHETTIKULAM, CHALAKUDY VIA. W.A. NO. 2316/2007: 28. K.K.VARGHESE, GRADE II WORKER, M.I. SECTION, KODAKARA, RESIDING AT KAVALAKKAT VEEDU, THYKUTTAM, P.O. ANNAMANAD. 29. C.C. RAJAN, GRADE I WORKER, M.I. SECTION, PUTHUKAD, RESIDING AT CHANDRAPURAKAL VEEDU, P.O.EDAMUTTAM, PIN-680 568. 30. E.K.THILAKAN, GRADE I WORKER, M.I. SECTION, IRINJALAKUDA, RESIDING AT EDAKKATTUPARAMBIL P.O., KATTOOR, PIN-680 702. 31. K.K. PRADEEP CHANDRAN, GRADE I WORKER, M.I. SECTION, IRINJALAKUDA, RESIDING AT KANJIRAPARAMBIL VEEDU, P.O.EDATHIRINJI PIN-680 122. 32. P.V. CHANDRAN, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT PUTHIYEDATH VEEDU, P.O. KADUKUTTY, CHALAKUDY VIA. 33. N. RAJAN, GRADE II WORKER, M.I. SECTION, CHALAKUDY, RESIDING AT VALIYAKOLOTHPARAMBU VEEDU, VAIKOM, THEKKENADA P.O., KOTTAYAM. 34. K.R.SANIL, GRADE I WORKER, M.I.SECTION, CHALAKUDY, RESIDING AT KAREKADAN VEEDU, PULANI, P.O. MELOOR. 35. M. SIVARAMAN, GRADE II WORKER, M.I.SECTION, MALA, RESIDING AT ODATH VEEDU, VADAMA P.O., PATHIYARI VIA, MALA. (RETIRED). 36. K.L. ANTONY, GRADE II WORKER, M.I.SECTION, KODAKARA, RESIDING AT KAIPULLIPARAMBIL VEEDU, URUMBUKUNNU, KODAKARA P.O. (RETIRED). 37. C.K. RAVEENDRAN, GRADE II WORKER, M.I.SECTION, CHALAKUDY, CHILLELIPARAMBIL VEEDU, METTYPADAM, P.O. KODASSERY CHALAKUDY VIA. W.A. NO. 2316/2007: 38. M.V. AUGUSTHY, GRADE II WORKER, M.I. SECTION, CHALAKUDY, MALILYEKKAL VEEDU, P.O. ELANJIPRA, CHAVUKA, CHALAKUDY. 39. K.K. SUBASH, GRADE I WORKER, M.I. SECTION, KODUNGALLUR, RESIDING AT KURUVEETTIL VEEDU, P.O. THANISSERY, IRINJALAKUDA. BY ADV. SRI.K.K.M.SHERIF, SRI.P.M.KUNJIMOIDEENKUTTY, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER (ADMINISTRATION), IRRIGATION DEPARTMENT, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, TRICHUR. BY GOVT. PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2316 of 2007 ------------------------------------- Dated 15th September, 2008 JUDGMENT Koshy,J . Appellants were CLR Pump Operators. They were absorbed in the regular establishment of Irrigation Department within the Minor Irrigation Division, Trichur. Some of the appellants retired from service. Some of the NMR workers were regularised by Ext.P1 Government Order. How CLR and NMR workers to be regularised is mentioned in the Ext.P2 Government Order which reads as follows: “Government have examined the request of the Workers' organisations and they are pleased to order that the C.L.R. Workers in the Public Works Department be appointed to regular service on the following conditions. (i) C.L.R. Workers will be appointed directly to the vacancies in the regular service created for the appointment of N.M.R. workers to the extent of vacancies available at present. (ii) After the vacancies in the regular service are filled up as above, the other C.L.R. workers will be appointed to the vacant S.L.R. Posts. (iii) Those appointed to S.L.R. posts will also be appointed to regular posts as and when vacancies arise in the posts created for appointment of N.M.R. workers. W.A.2316/2007 2 (iv) The C.L.R. workers to be appointed to regular service S.L.R. posts should have been in service on or before on 19.5.1983 and they should have put in a minimum service of 500 days as on 1.4.1987. Those C.L.R. workers appointed on or before 19.5.1983 and have not completed 500 days of service as C.L.R. workers on 1.4.1987 will be eligible for absorption as S.L.R. workers according to the orders in G.O.(P)No.106/85/85/PW&T dated 17.9.1985 but they will not be eligible for appointment to regular posts. (v) The absorption/regularization shall be strictly in accordance with their seniority as C.L.R. workers. (vi) The seniority of C.L.R. workers shall be reckoned with reference to the number of days they have worked as on 19.5.1983. (vii) The service of C.L.R. workers are mostly needed in the Irrigation Department and the posts intended for their absorption are mainly in the public works department. When these posts are shifted to the Irrigation or other branches where the S.L.R. and C.L.R. workers are now employed they may not have work year around if they perform only their present duties in these departments. Therefore, during the off- reason the C.L.R. workers absorbed against these posts will do any other job ordinarily done by regular workers.” Though appellants were continuously working as Pump Operators, since sanctioned post of Pump Operators are vacant, the appellants asked for appointing them as Assistant Pump Operators. But, their claims were rejected. They approached this court and this court directed the Government to consider their representation. By Ext.P21, their representation was rejected holding that they are only C.L.R. workers. But, earlier, N.M.R. and C.L.R. workers were seen W.A.2316/2007 3 regularised on the basis of Exts.P14 and P14(a) judgments. Appellants were actually doing the work of Pump Operators. They were engaged for more than two decades. Ext.P15 shows that S.L.R. workers were also regularised. Learned single Judge found that appellants are also equally entitled as per Exts.P14 and P14(a), but, they were not qualified. That is not correct. The required qualification is only pass in Standard VII and ability to operate the pump. The appellants were doing that work for years together. According to the appellants, all of them passed Standard VII. That has to be verified. If they are qualified, they are entitled to be appointed in the post of Assistant Pump Operators and the same benefits given to those persons who were given the benefits on the basis of Exts.P14 and P14(a) judgments should be given to the appellants also. Since some of the appellants were retired, Government is directed to pass orders in accordance with the judgment within two months from the date of receipt of a copy of this judgment granting consequential reliefs. The appeal is disposed of accordingly. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks