IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 19966 of 2009(M) ----------------------------------------- PETITIONER(S): -------------------------- 1. M.P.MOHANAN (RETD.),PUMP OPERATOR, KERALA WATER AUTHORITY-NOW RESIDING AT MANIAMPARAMBATHUY HOUSE,PAVAYIL CHJEEPU, THALAKULATHUR,CALICUT-PIN-673 317. 2. A.M.SAGHEER,PUMP OPERATOR, KERALA WATER AUTHORITY,P.H.SECTION NO.1, KALPATTA,WAYANAD DISTRICT. 3. K.K.NARAYANAN,PUMP OPERATOR, KERALA WATER AUTHORITY,P.H.SECTION NO.1, KALPATTA,WAYANAD DISTRICT. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADV.SRI.S.SUJIN RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,P.H.SUB DIVISION,KALPATTA. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY,JALABHAVAN, VELLAPYAMBALAM,THIRUVANANTHAPURAM-PIN-695 010. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.C.UNNIKRISHNAN, SC, KWA SRI.M.DINESH,SC R3 & R4 BY GOVERNMENT PLEADER SRI.JOSE ADIYODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19966/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GO(MS)NO.53/2005 DATED 21/10/2005. P2 COPY OF THE PROCEEDINGS NO.KWA/JB/E3-10911/2003 DATED 28/10/2005 ISSUED BY THE RESPONDENT AUTHORITY. P3 COPY OF THE ORDER NO.427/06 DATED 10/03/2006 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. P4 COPY OF THE ORDER NO.427/06 DATED 10/03/2006 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. P5 COPY OF THE ORDER NO.ORDER NO.427/06 DATED 10/03/2006 ISSUED BY THE RESPONDENT TO THE 3RD PETITIONER. P6 COPY OF THE ORDER NO.E2-427/06 DATED 1/02/2007 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. P7 COPY OF THE ORDER NO.E2-427/06 DATED 1/02/2007 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. P8 COPY OF THE ORDER NO.E2-427/06 DATED 1/02/2007 ISSUED BY THE RESPONDENT TO THE 3RD PETITIONER. P9 COPY OF THE ORDER NO.KWA/AO(ESTT)/PEN.6530/1776 DATED 25/02/2009 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. P10 COPY OF THE ORDER NO.E2-1347/2007(2) DATED 1/06/2009 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. P11 COPY OF THE ORDER NO.E2-1347/2007(2) DATED 1/06/2009, ISSUED BY THE RESPONDENT TO THE 3RD PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 19966 OF 2009 ----------------------------------------------------------- Dated this the 16th November, 2011. JUDGMENT The petitioners were initially recruited through the employment exchange as pump operators in the erstwhile Public Health Engineering Department in the year 1981 and 1982. They have continued in service ever since. While so, the first petitioner retired from service. The other two petitioners are even now continuing as pump operators of the Kerala Water Authority. The initial appointment of the petitioners were as CLR workers (Casual Labour Roll). It is the case of the petitioners that many similarly placed employees in the various government departments were subsequently absorbed as NMR workers and later on absorbed into regular service as last grade servants. However, in the case of the petitioners, they have still not been absorbed into the regular establishment. However, similarly placed persons had approached this Court by filing O.P.24580/1998 which was allowed by Ext.P12 judgment directing as follows:- “In the result, the decisions under challenge, to the extent the impugned, are quashed and it is directed WPC 19966/2009 2 that the petitioners shall be absorbed into regular service in the light of the direction in the judgment in Jacob's case, without insisting on possession of qualifications referred to in Ext.P5 and such absorption shall be without the restrictions imposed as per Exts.P6 and P7. This means that their absorption shall not be confined to be prospective, but shall be by giving full effect to the directions in Jacob's case (supra). Consequential orders shall be issued within two months from the date of receipt of a copy of this judgment. The writ petition is allowed. No costs.” 2. The judgment Ext.P12 was the subject matter of writ appeal 2209/2008, which was filed by the respondents. As per Ext.P13 judgment Ext.P12 has been confirmed. A special leave petition filed before the Hon'ble Supreme Court was also dismissed as per Ext.P14. 3. In the above circumstances the petitioners contend that there is no justification for not considering and passing orders of regularisation in the case of the petitioners also. However, their claims for regularisation have been rejected as per the impugned orders Exts.P9, P10 and P11. 4. In the light of the decisions, Exts.P12, P13 and P14 in relation to the services of similarly placed persons, the petitioners WPC 19966/2009 3 are certainly entitled to claim that their services should also be regularised. In view of the judgments referred to above, Exts.P9, P10 and P11 cannot be sustained. They are accordingly quashed. The claims of the petitioners require a fresh consideration in the light of Exts.P12, P13 and P14. 5. In the result, this writ petition is allowed as follows: a) The impugned orders Exts.P9, P10 and P11 are set aside. b) The claims of the petitioners for absorption into regular service shall be considered by the second respondent afresh in the light of the directions contained in Exts.P12, P13 and P14 judgments and appropriate orders shall be passed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. sd/- K. SURENDRA MOHAN Judge jj true copy P.S.TO JUDGE