IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 27982 of 2005(F) -------------------------------------- PETITIONERS: --------------------- 1. VARGHESE GEORGE, OPERATOR (HG), WSP SUB DIVISION, KERALA WATER AUTHORITY, MAVELIKKARA. 2. J. PRASANTHAN, OPERATOR (HG), W.S.P SUB DIVISION, KERALA WATER AUTHORITY, HARIPAD. 3. R. VASUDEVAN PILLAI, OPERATOR (HG), W.S.P SUB DIVISION, KERALA WATER AUTHORITY, MAVELIKKARA. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR. RESPONDENTS: ------------------------ 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE RESIDENT AUDIT OFFICER, HEAD QUARTERS, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, P.H. DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. 4. THE ASSISTANT EXECUTIVE ENGINEER, WSP SUB DIVISION, KERALA WATER AUTHORITY, MAVELIKKARA. W.P.(C). NO.27982/2005-F: 5. THE ASSISTANT EXECUTIVE ENGINEER, WSP SUB DIVISION, KERALA WATER AUTHORITY, HARIPAD. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27982/2005-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. RAO/KWA/II/PF/315 DTD. 26/03/2003 ISSUED BY THE R.3. GRANTING HIGHER GRADE TO P.1. EXT.P.2: COPY OF THE ORDER NO. E1-753/96/VOL.II DTD. 17/01/2005 OF THE R.4. EXT.P.3: COPY OF THE ORDER NO. A6 478/98 (VOL.II) DTD. 21/11/2003 ISSUED BY THE R.3. EXT.P.4: COPY OF THE PAY FIXATION STATEMENT OF THE P.2. ISSUED BY THE R.5. EXT.P.5: COPY OF THE LETTER NO. RAO/KWA/II/PF/315 DTD. 26/03/2003 OF THE R.2. TO THE R.1. EXT.P.6: COPY OF THE LETTER NO. KWA/JB/E5-6963/99 DTD. 07/06/2005 ISSUED BY THE R.1. EXT.P.7: COPY OF THE EXTRACTS OF ANNEXURE V OF G.O.(P).NO.54/99/IRD DTD. 19/08/1999. EXT.P.8: COPY OF THE LETTER NO. A6-478/98/VOL.III DTD. 12/08/2005 ISSUED BY THE R.3. EXT.P.9: COPY OF THE REVISED ORDER NO. A6.478/98 (VOL-2) DTD. 10/2005 ISSUED BY THE R.3. EXT.P.10: COPY OF THE CIRCULAR NO. 2317/E5/92/HO/KWA DTD. 05/05/1992 ISSUED BY THE R.1. EXT.P.11: COPY OF THE CIRCULAR NO. 6963/E5/99/JB/KWA DTD. 31/10/1999 ISSUED BY THE R.1. EXT.P.12: COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE IN RESPECT OF THE P.1. EXT.P.13: COPY OF THE ORDER DTD. 05/01/2006 OF THIS HONOURABLE COURT IN I.A. NO. 17855/2005. EXT.P.14: COPY OF THE LETTER NO. KWA/JB/E5/39/2008 DTD. 30/06/2008 OF THE R.1. ADDRESSED TO THE R.3. EXT.P.15: COPY OF THE LETTER NO. A2-648/07 DTD. 25/08/2008 OF THE R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27982 OF 2005 (F) -------------------------------------------------- Dated this the 25th day of June, 2010 J U D G M E N T None appears for the Kerala Water Authority or the other respondents. 2. Petitioners joined the Kerala Water Authority as CLR workers and were later made as NMR workers. In 1983 unskilled NMR workers having 5 years of service were promoted to the Skilled category of Operators. Accordingly, among others, the petitioners were also promoted as NMR Operators. Petitioners 1 and 2 possess SSLC with ITI and 3rd respondent is a Matriculate. For the post of NMR Operators, qualification prescribed is NTC in the trade of Mechanical (Motor Vehicle/Electrician). 3. Though the petitioners are possessing SSLC and Petitioners 1 and 2 possess ITI, they did not possess the qualification as prescribed and therefore exempting them from the qualification prescribed in the Special Rules that they were promoted and appointed as NMR Operators. Their appointment as NMR Operators were challenged by the qualified persons by filing O.P.No.852/1992 and that O.P was dismissed by this court and WA.No.1792/98 was also dismissed. WPC.No.27982 /05 :2 : 4. In this writ petition, their grievance is mainly that along with qualified NMR Operators, they were given IInd and IIIrd time bound higher grade in the pay scales of 5635-9135 and 6935- 11460. Later on, on the allegation that they were unqualified Operators, they were held to be eligible for the pay scales of 4710-7710 and 4810-7935 only. It is stated that, on this basis, their pay was re-fixed and alleged excess payment is proposed to be recovered. It is with this grievance, the writ petition is filed. 5. The contention raised by the petitioners is that they having been exempted from qualification and promoted to the post of NMR Operators, cannot be denied equality with other persons working in the category of Operators on the ground that they do not possess the qualification prescribed. It is also their case that in the higher posts of Head Operators and the still higher post of Mechanical Superintendent, the qualification prescribed is pass in the 9th standard. It is stated that they are qualified for those posts also and for that reason also, there is no reason to decline them equality in the matter of time bound higher grade. 6. Counter affidavit has been filed by the respondents and they seek to justify the time bound higher grade given to the petitioners on the lower scale pay on the ground that they are WPC.No.27982 /05 :3 : unqualified. 7. As already shown, though the petitioners were unqualified for promotion to the post of Operator, giving them exemption and equating them with the qualified NMR workers, they were given promotion to the post of Operator. Once qualification is relaxed and promotion is given, in my view, they are entitled to be treated on a par with qualified Operators and no discrimination in the matter of scale of pay could have been effected. Going by the rules governing the pay fixation, Operators like petitioner are eligible for two time bound higher grade. If so, they ought to have been given two time bound higher grades on a par with qualified Operators. If so, they are entitled to have been given first and second time bound higher grades in the scale as applicable to qualified Operators. Therefore, the re-fixation of pay and recovery threatened are illegal. There will be a declaration to that effect. Exts.P6 and P8 will stand set aside and petitioners will be entitled to all consequential benefits. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/