IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 3990 of 2006(Y) ------------------------- PETITIONER(S): --------------- THOMAS T., AGED 45 YEARS, OPERATOR, KERALA WATER AUTHORITY, P.H.SUB DIVISION SULTHANBATHERY, WAYANAD. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H. DIVISION, SULTHANBATHERY. 3. THE CHIEF ENGINEER (PSA & GL), KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 4. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, THIRUVANANTHAPURAM. ADV. SRI.SAJAN MANNALI, SC, K.W.A-R1 TO R4 SRI.C.UNNIKRISHNAN, SC, KWA FOR R1 TO 4 GOVT. PLEADER SRI.ANTONY MUKKATH FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.3990 OF 2006 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the order No.E2-673/85 dated 3.10.1987. Ext.P2: A true copy of the Government Order dated 16.8.1991. Ext.P3: A true extract of the list showing the details of CLR workers who were engaged during the period from 01.04.1984 to 30.07.1988 having 240 working days during the continuous period of 12 months on 22.5.1990 in NMR Service from the P.H.Division, Sulthan Batheri. Ext.P4: A true copy of the judgment dated 20.6.2002 in O.P.No.5213 of 2000. Ext.P5: A true copy of the representation dated 2.6.1992. Ext.P6: A true copy of the proforma application. Ext.P6(a): A true copy of the representation dated 22.09.1994. Ext.P6(b): A true copy of the letter sent by the second respondent to the 1st respondent. Ext.P7: A true copy of the representation dated 13.10.2003. Ext.P8: A true copy of the representation dated 23.06.2004. Ext.P9: A true copy of the Government Order dated 29.12.2005 along with the list of employees. Ext.P10: A true copy of the proceedings dated 16.01.2006. Ext.P11: A true copy of the order No.E2/587/84 dated 15.8.1988. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 3990 OF 2006 -------------------------------------------- Dated this the 24th day of February, 2010 JUDGMENT The petitioner is presently working as an Operator under the Kerala Water Authority. He was initially appointed as Operator on 13.10.1987 and was, later, actually included in Casual Labour Roll as is evident from Ext.P1. The grievance of the petitioner is that while issuing Ext.P2 order dated 16.8.1991, absorbing the C.L.R workers engaged by the former PHD or Kerala Water Authority continuing and as such in the Kerala Water Authority, into NMR service the claims of the similarly situated persons were considered and they were, accordingly, included in Ext.P3 list prepared by the first respondent. It is evident from Ext.P3 itself that it is the list of C.L.R workers engaged during the period from 1.4.84 to 30.7.88, having 240 working days during the continuous period of 12 months on 22.5.90 prepared with a view to absorb them into NMR service. The contention of the petitioner is that it is only the mistake/omission on the part of the first respondent while passing Ext.P2 that resulted in his non- inclusion in Ext.P3. W.P.(C) NO.3990 of 2006 2 2. In this Writ Petition, the respondents have filed a counter affidavit. The contention of the petitioner is that going by Ext.P5 the first respondent cannot contend that the petitioner had not completed 240 days of CLR/HR service. In fact, it is admitted thereunder that he has put in 240 days of CLR/HR service. Therefore, in the light of Ext.P5 and the admission regarding the 240 days of CLR/HR service, it is absolutely unjustifiable to deny him the benefit, it is contended. In the counter affidavit the fact that the petitioner had completed 240 days of CLR/HR service as on 30.7.1988 was admitted. However, his entitlement to get the benefit of Ext.P2 and consequently, to get absorption, as was done in the case of persons included in Ext.P3, has been disputed as he was converted into the establishment scale as per order No.E2-673/1985 dated 5.8.1988. This objection is prima facie, unsustainable as admittedly, the petitioner was subsequently absorbed based on Ext.P2 with effect from 29.12.2005. In the case of the similarly situated persons, they were absorbed into NMR service with effect from 22.5.1990 as is evident from Exts.P2 and P3. Evidently the claim of the petitioner for absorption into NMR service was not considered while passing Ext.P2 and preparing Ext.P3 list solely on account of the fact that the completion of 240 days CLR/HR service by the petitioner was not duly brought into consideration of the competent authority based on the said orders. It is that omission that resulted in the delay in the matter of absorption of the petitioner and ultimately resulted in W.P.(C) NO.3990 of 2006 3 his absorption only with effect from 29.12.2005. By virtue of the admitted facts obtained from Ext.P5, the entitlement of the petitioner for absorption into NMR service with effect from 22.5.1990, as was done in the case of similarly situated persons, is a matter which requires serious consideration by the 5th respondent. Necessarily while considering the entitlement of the petitioner, that statement contained in Ext.P5 has to be taken into consideration as the very entitlement emanates from the completion of 240 days of CLR/HR service. In such circumstances, there shall be a direction to the 5th respondent to consider the claim of the petitioner for absorption into NMR service with effect from 22.5.1990 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.3990 of 2006 4 C.T. RAVIKUMAR, J. W.P.(C). NO.3990/2006 JUDGMENT 24th February, 2010