IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 7905 of 2008(N) ------------------------- PETITIONER(S): --------------- MUKUNDAN T.P., OPERATOR, KERALA STATE WATER AUTHORITY,CHALAKUDY, PIN-680 307, RESIDING AT THEKKE MADOM, NEAR RAILWAY BRIDGE, CHALAKUDY. BY ADV. SRI.P.V.SURENDRANATH SRI.M.P.VIJAYAN RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, TRIVANDRUM. 3. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY PUMBING DIVISION, CHALAKUDY. ADV. SRI.C.UNNIKRISHNAN, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7905/2008-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February, 2009 J U D G M E N T The petitioner is aggrieved by Exts.P3, P8 and P9 orders. There is a further direction sought for to direct respondents to regularise the service of the petitioner with effect from 25/03/1981 and to disburse all the difference of salary due to regularisation of his service from 25/03/1981. 2. He was engaged as a C.L.R Operator in P.H.E.D on 25/03/1981. Later he was absorbed by the Kerala Water Authority. While he was in service, he was selected by the P.S.C in regular service and joined in regular service on 29/04/1988. He retired from service on 30/04/2007. 3. Ext.P1 is an order by which the benefit of regularisation was granted to C.L.R workers who have been recruited between 16/06/1980 and 31/03/1984. The petitioner was also a beneficiary of Ext.P1 since he was appointed on 25/03/1981. 4. The petitioner was ultimately given regularisation as per Ext.P3 with effect from 08/10/1985. 5. The petitioner contends that he is entitled for regularisation from 25/03/1981 in the light of Ext.P2 order passed by the Government, whereby physically handicapped persons appointed on provisional basis W.P.(C) No.7905/2008 -:2:- during 1981 are entitled for regularisation. He is also relying upon Ext.P4 judgment wherein, as per G.O.(P).No.147/84/GAD, dated 11/05/1984 (Ext.P2) similarly placed persons working under the Water Authority were regularised. The petitioner had been representing the matter and ultimately, by Ext.P8, his claim was rejected. 6. The question is whether he is entitled for the benefit of Ext.P2 government order. Ext.P2 applies in the case of provisional appointees during 1981 under Rule 9(a)(1) of General Rules of K.S. & S.S.R., 1958 Respondent points out that he is not a Rule 9(a)(i) appointee. There is nothing to show that the petitioner was appointed under Rule 9(a)(i) of K.S.& S.S.R. Apart from that he has obtained an appointment through P.S.C and therefore, the question of granting the benefit under Ext.P2 does not arise at this distant point of time. 7. The further question is whether he is entitled for the benefit of Ext.P1. A reading of Ext.P1 shows that the same is passed based on the Government Order dated 19/11/1987. The Government was addressed by Water Authority to sanction regularisation of all C.L.R workers into regular establishment irrespective of the method of appointment and in relaxation of qualification and age limit etc. in consultation with the P.S.C. Government accordingly accorded sanction to absorb all the CLR hands engaged by PHED on daily wages who have worked for 240 days within a continuous W.P.(C) No.7905/2008 -:3:- period of 12 months during the period from 16/06/1980 to 31/03/1984, and who are still continuing as such under the Kerala Water Authority into NMR service of the Authority with effect from 01/04/1984 with the monetary benefits from the date of the Government order. Going by Ext.P3, the Chief Engineer recommended to regularise the appointment of the petitioner with effect from 08/10/1985. Why he was not given the regularisation with effect from 01/04/1984 is not discernible from Ext.P3. From the counter affidavit also it is not discernible as to why his regularisation was restricted from 08/10/1985. It is clear that the date 08/10/1985 is a date suggested by the Chief Engineer when he recommended the case for approval. Going by Ext.P1, the regularisation has to be granted with effect from 01/04/1984. In that view of the matter, the petitioner is entitled for regularisation with effect from 01/04/1984. 8. The petitioner has got a further contention that the higher grade benefits due on completion of 23 years has not been granted to him. It is stated in the counter affidavit that the third time bound higher grade was also sanctioned to the petitioner reckoning his CLR service on the basis of the Circular dated 18/09/2007 of the Managing Director of the Water Authority. It is accordingly that his pay will be fixed in the higher time scale of pay with effect from 01/04/2006 onwards. W.P.(C) No.7905/2008 -:4:- 9. The learned counsel for the petitioner invited my attention to Ext.P9 proceedings dated 17/11/2006, wherein sanction was accorded to reckon the CLR/SLR service in the case of 16 persons, based on the length of CLR service for sanctioning higher grade. As far as the petitioner is concerned, it is recorded that he is not eligible for getting C.L.R benefit as there is only 231 days of CLR service whereas actually he had 254 days of service. The same is obviously a mistake. Therefore, he is entitled to count the period of CLR service for getting higher grade. It is so declared. 10. In that view of the matter, fresh proceedings will be issued by the Managing Director, Kerala Water Authority giving retrospective effect for the benefits of third time bound higher grade from the due date if it is not already sanctioned by counting CLR also. Appropriate orders shall be passed within six weeks from the date of receipt of the copy of this judgment. The benefits flowing from the said order will be disbursed to him accordingly. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms