IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 21615 of 2008(W) -------------------------- PETITIONERS: ------------ 1. M.R. HARIKRISHNAN NAIR, S/O. RAGHAVAN PILLAI, THENGUMPALLY MEPPARATH HOUSE, ERAVIPEROOR, THIRUVALLA (ASST. OPERAT0R/ CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA). 2. K.R. GOPALAKRISHNA PILLA, S/O.T.S. RAMAKRISHNA PILLA, KALLUPURACKAL HOUSE, MANJADI.P.O, KATTDU, THIRUVALLA (CLEANER/WATCHER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 3. VINOD G. NAIR, S/O.C.P.GOPINADAHA PILLA, CHERUKARA HOUSE, KALLUPPARA.P.O, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 4. VIJAYAKUMAR.K, S/O. DAMODHARAN, KUTTIYIL PADINJARATHIL HOUSE, EDAYARAMULA.P.O, KOZHENCHERY (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 5. RAMESHAN.P, S/O. CHATHAN PAPPAN, THELOOR PURACKAL, VALLAMKULAM.P.O, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 6. P.K. SATHEESH KUMAR, S/O. KUTTAPPAN, PALAMPARAMBIL HOUSE, MEETHALAKARA, MANJADI.P.O, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 7. E.S. ABRAHAM, S/O. SAMUEL, KINATTUKARAYIL HOUSE, KOZHIMALA.P.O VALLAMKULAM, THIRUVALLA (CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 8. P.K. JOY, S/O.KOCHUKUNJU, PAZHAKALAKUNNEL HOUSE, KALLUPARA, MALLAPPALLY (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA). WP(C).No. 21615 of 2008 2 9. RAJAN.P.B, S/O.BHASKARA KURUP, RAJ NIVAS, KAVIYOOR.P.O, NALLIKANDAM, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 10. A.N. SREEKUMAR, S/O.NARAYANA KURUP, PALLIYAKARA HOUSE, MADATHUMBHAGAM NORTH.P.O, AMBATTU BHAGAM, (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 11. THOMAS T. GEORGE, S/O.T.E. GEORGE, RAMAN MURIYIL HOUSE, THURUTHIKADU.P.O, MALLAPPALLY (ASST. OPERATOR/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 12. K.G. KARTHIKEYAN, S/O.DAMODARAN, KARAKKATTU MEPURATH HOUSE, THURUTHIKADU.P.O, MALLAPPALLY (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 13. KURIAN THOMAS, S/O. THOMAS, P.V. PADALUMANGAL HOUSE, PADUTHODU.P.O, VENNIKULAM (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 14. K.J. BABU, S/O. A.K. JOSEPH, KIZHAKKETHIL HOUSE, VALLAMKULAM P.O,THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 15. A. ABRAHAM, S/O.P.I. ABRAHAM, OTTATHIL HOUSE, VALLAMKULAM.P.O THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 16. BHASKARAN.V.C, S/O.V.P. CHOTHI, VELUPARACKAL HOUSE, KALLUPURA.P.O, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 17. JOSEPH CHACKO, S/O.K.K. JOSEPH, KAITHOIL HOUSE, ERAVIPEROOR .P.O, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) 18. P.R. RAJAN, S/O. RAGHAVAN, PALAPARAMBIL HOUSE, MANJADY.P.O, THIRUVALLA (WATCHER/CLEANER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) WP(C).No. 21615 of 2008 3 19. BINU.P.R, PALAPARAMBIL HOUSE, MENTHALAKARA, MANJADI.P.O, THIRUVALLA (WATCHERT, MINOR IRRIGATION DIVISION, PATHANAMTHITTA) BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, IRRIGATION AND ADMISSION, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 21615 of 2008 -------------------------- Dated this the 30th July, 2008 J U D G M E N T Petitioners are working as Asst.Pump Operators/Cleaners/Watchers in various Lift Irrigation Pump Houses in the Minor Irrigation Department in Pathanamthitta. They are engaged as CLR/SLR/HR workers on a daily wage basis. They submit that many of them have been continuing in service as daily wage employees for the past more than 20 years. Petitioners are included in Exhibit - P1(a) seniority list of CLR/SLR/HR workers in Irrigation Department prepared by the 2nd respondent - Chief Engineer. Apparently, a decision was taken on 28.2.2001 to regularise the services of CLR/SLR/HR like the petitioners who have completed 500 days as on 31.5.2000. That is yet to be done. W.P ( C) No. 21615 of 2008 2 2. Learned counsel for the petitioners Sri.Subhash Chand makes a reference to Exhibit-P4 judgment, wherein, this Court had directed the Government to consider the case of similarly situated persons. Claiming similar benefit, Exhibit-P7 has been submitted before the Government and it is pending consideration. Learned senior Government Pleader, on instructions, submits that though decision was taken by the Government on 28.2.2001,as evidenced by Exhibit-P2, it was subsequently found that there were numerous persons claiming a similar benefit and therefore it may not be possible to regularise their services and absorb them into regular service. But this issue raised by the petitioners and similarly situated persons is pending consideration by the Government. But going by the number of persons involved and implications which it entails some more time would be required to complete the process. W.P ( C) No. 21615 of 2008 3 In the result, the writ petition is disposed of directing the 1st respondent to consider the petitioner's case, as evidenced by Exhibit-P7 and take a decision thereon, within a period of six months from the date of receipt of a copy of this judgment. Petitioner may produce a copy of the writ petition along with copy of this judgment and certified copy of Exhibit-P4 judgment. At any rate, the Government shall consider the case of the petitioners while considering the case of the petitioners in Exhibit-P4 judgment namely W.P (C ) No.8996 of 2005. (V.GIRI, JUDGE) ma W.P ( C) No. 21615 of 2008 4 W.P ( C) No. 21615 of 2008 5