IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27820 of 2009(V) -------------------------- PETITIONER: ------------------ M.K. JAYAN, I ST GRADE OVERSEER/ DRAFTSMAN, JOINT WATER REGULATION SECTION, MEENAKSHIPURAM, PALAKKAD DIST. BY ADV. MR. P.K.SURESH KUMAR SMT. P.JAYALAKSHMI RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR, JOINT WATER REGULATION DIVISION, WATER RESOURCES DEPARTMENT, PALAKKAD. BY SENIOR GOVERNMENT PLEADER MR. P. NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V. GIRI, J. `````````````````````````````````````````````````` W.P.(C) No. 27820 of 2009 V `````````````````````````````````````````````````` Dated this the 6th day of October, 2009 J U D G M E N T Heard learned counsel for the petitioner Mr.P.K.Suresh Kumar and learned senior Government Pleader Mr.P.Nandakumar. 2. Petitioner has been working as a 1st Grade Overseer/Draftsman in the Department of Water Resources since 1983 and he was appointed through the Employment Exchange. He submits that he has been continuing in the post for 26 years. He contends that in these circumstances, he is entitled to be regularised in service. His continuance, he contends, is on the strength of the orders passed by this Court and according to him, this case is covered by the directions in paragraph 53 of the judgment of the Supreme Court in Secretary, State of Karnataka Vs. Umadevi [2006 (4) SCC 1]. He also placed reliance on the judgment of a learned Judge of this Court in W.P.(C) No.11265 of 2007 and connected cases(Ext.P5) dealing with the IIIrd Grade Overseers of the Water Resources Department. Petitioner's claim WPC.27820/09 : 2 : is contained in Ext.P6 representation. 3. Paragraph 53 of the judgment in Umadevi's case deals with the case of one time regularisation of the services of the persons, who have continued in a post for ten years and above, otherwise on the strength of the orders passed by the Court. This aspect shall be specifically considered by the Government as regards the petitioner. 4. Ext.P6 representation shall be looked into and appropriate orders shall be passed by the Government, within three months from the date of receipt of a copy of this judgment. The petitioner shall continue in service till orders are passed on Ext.P6 and thereafter continuance shall abide by the orders to be passed by the Government. The writ petition is disposed of as above. (V.GIRI, JUDGE) aks