IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 OP.No. 14361 of 1998(I) ----------------------- PETITIONER(S): --------------- K.BALAKRISHNAN, S/O.RAGHAVA KURUP, KUNNATH HOUSE, P.O. NANMINDA, KOZHIKODE. BY ADV. SRI.MKS.MENON RESPONDENT(S): --------------- 1. THE KERALA WATER AUTHORITY, REP, BY ITS MANAGING DIRECTOR, TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DEVISION, KERALA WATER AUTHORITY, MALAPARAMPU, KOZHIKODE. ADV. SMT.CHINCY GOPAKUMAR, SC, KWA FOR R1 TO R3 SRI.SAJAN MANNALI, SC, KWA FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.14361/98 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE SCHOOL LEAVING CERTIFICATE. P2. COPY OF THE EMPLOYMENT DETAILS. P3. COPY OF THE JUDGMENT IN RP.NO.112/90 OF THE SUPREME COURT P4. COPY OF THE JUDGMENT OF THIS COURT IN O.P.NO.3622/91. P5. COPY OF THE -DO- O.P.NO.3477/92. P6. COPY OF THE LETTER DTD.3.7.96 OF WATER AUTHORITY. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 14361 of 1998 ================== Dated this the 9th day of December, 2008 J U D G M E N T The petitioner worked as a CLR watchman in the earstwhile Public Health Engineering Department of the Government of Kerala on daily wages for 336 days from July 1986 to June, 1987 as is clear from Ext.P2. The petitioner' claim for regularisation in service was rejected on the ground that the petitioner was not an employee of the Kerala Water Authority when the Kerala Water Authority was formed by transferring the erstwhile Public Health Engineering Department. The petitioner submits that other similarly placed workers were given regularisation in service and therefore, the petitioner has been discriminated in the matter of regularisation. The petitioner, therefore, seeks the following reliefs: “i) call for the records leading to Exhibit P6 letter and quash the said Ext.P6 letter; ii) declare that the petitioner is entitled to be appointed as per the guidelines and directions given by the Hon'ble Supreme Court vide Exhibit P3 judgment. iii) direct the respondent to accommodate the petitioner in the Kerala Water Authority on a regular basis.” 2. A counter affidavit has been filed, in which it is stated o.p.14361/98 2 that persons mentioned by the petitioner are persons who were actually in service of the Kerala Water Authority when the Water Authority was formed. The petitioner was terminated from his service long before the Kerala Water Authority was formed. 3. The petitioner has not been able to show me any provisions of law or Government orders which would enable the petitioner to claim regularisation as of right, without which, I cannot consider the claim of the petitioner for regularisation in service, especially when the petitioner ceased to be an employee long before the Kerala Water Authority was formed. In the above circumstances, I do not find any merit in the original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.14361/98 3 S.SIRI JAGAN, J. ================ O.P.No. 14361 of 1998-I ================ J U D G M E N T 9th December, 2008 o.p.14361/98 4