IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 13138 of 2006(L) -------------------------------------- PETITIONER: ----------------- C.D.DEVASSY, WORKING AS SLR WORKERS, N.K.SECTION, THRISSUR, RESIDING AT CHITTILAPPILLY HOUSE, P.O.MOORKANIKARA, THRISSUR DISTRICT. BY ADV. SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, N.H.CENTRAL CIRCLE, THRISSUR. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 13138 OF 2006 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 4.9.2002 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, N.H. SECTION, THRISSUR. EXHIBIT P1a TRUE COPY OF THE ATTENDANCE CERTIFICATE OF PETITIONER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, THRISSUR. EXHIBIT P1b TRUE COPY OF THE DETAILS SLR WORKER - SERVICE OF PETITIONER AS ON 1.4.1987 ISSUED BY DO. DO. EXHIBIT P2 TRUE COPY OF THE ORDER NO.E3-3317/87 DATED 20.11.1991 ISSUED BY R3. EXHIBIT P3 TRUE COPY OF THE ORDER G.O.(P) NO.6/90/PW&T DATED 20.1.1990 ISSUED BY R1. EXHIBIT P4 TRUE COPY OF ORDER NO.EL2-48840/99 DATED 3.8.2002 ISSUED BY 42. EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ON 10.9.2002. EXHIBIT P6 TRUE COPY OF LETTER NO.E3-992/99 DATED 30.9.2002 ISSUED BY R3. EXHIBIT P7 TRUE COPY OF LETTER NO.EE2-8665/03 DATED 27.2.2003 ISSUED BY R2 CHIEF ENGINEER. RESPONDENTS' EXHIBITS: NIL ------------------------------------- V. GIRI, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO. 13138 OF 2006 = = = = = = = = = = = = = = = = = = = Dated this the 21st day of July, 2008 J U D G M E N T -------------------- The petitioner was engaged as a SLR worker in the National Highway Section, Thrissur. On the basis that he had effected 511 days' CLR service as on 1.4.1987 he claimed the right to be absorbed into regular service, in terms of Exhibit P3 Government Order. 2. Clause (2) (iv) of Exhibit P3 G.O. reads as follows: “2(i) .............. 2(ii) ............... 2(iii) .............. 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 19.5.1003 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 W.P(C) NO.13138 OF 2006 -: 2 :- completed 500 days of service as C.L.R. worker on 1.4.1987 will be eligible for absorption as S.L.R. worker according to the orders in G.O.(P) No.106/85/PW & T dated 17.9.1985 but they will not be eligible for appointment to regular posts.” There are twin requirements as per the first part of clause (2) of Exhibit P3 G.O. In so far as CLR workers are concerned, for absorption into regular service, they should have been in service on or before 19.5.1983 and should have put in a minimum of 500 days of service as CLR worker as on 1.4.1987. According to the petitioner he satisfied both these requirements. Reference is made in this regard in Exhibits P1 (a) and P1(b). The Writ Petition was filed seeking a direction to regularise the service of the petitioner and to allow him all consequential benefits. 3. In the counter affidavit filed by the second respondent, the stand taken is that the petitioner was absorbed as a SLR worker considering his 139 days' of service as CLR worker as on 19.5.1983. But he was not absorbed into regular service because there was no documentary W.P(C) NO.13138 OF 2006 -: 3 :- evidence to substantiate his claim of 500 days of service as CLR worker as on 1.4.1987. It was further stated in the counter affidavit that if there is adequate documentary evidence to prove the petitioner's claim for 500 days of service as CLR worker as on 1.4.1987, the matter will be taken up with the Government. 4. The petitioner has produced Exhibit P7 letter along with the reply affidavit. It is a communication issued by the Chief Engineer, P.W.D. Administration, Thiruvananthapuram, to the Additional Chief Secretary to Government. The Chief Engineer refers to the records on the basis of which he has certified that the petitioner had put in 511 days of service as CLR worker as on 1.4.1987. 5. Having heard the counsel on both sides, I am of the view that the Government should pass orders in regard to the absorption of the petitioner into regular service in terms of clause (2) (iv) of Exhibit P3 G.O. dated 21.1.1990, in the light of Exhibit P7 communication sent by the Chief Engineer. Accordingly, the Writ Petition is disposed of directing the second respondent to pass orders pursuant to Exhibit P7, after W.P(C) NO.13138 OF 2006 -: 4 :- hearing the petitioner, within three months from the date of receipt of a copy of this judgment. If there are records to show, as certified by the Chief Engineer in Exhibit P7 letter, that the petitioner has put in 511 days of service as CLR worker, the petitioner will be entitled to the benefit of absorption into regular service in terms of clause (2) (iv) of Exhibit P3 G.O. and all consequential benefits arising thereof. It is made clear that if any order has already been passed on the basis of Exhibit P7 against the interests of the petitioner, the issue shall be reconsidered in the light of the observations made above and fresh orders shall be passed within the time stated above. V. GIRI, JUDGE. vsv