IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WA.No. 1895 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15859/2003 Dated 07/07/2010 .................... APPELLANT/1ST WRIT PETITIONER --------------------------------- P.PRASAD, AGED 57,S/O.LATE.N.PADMAN, ASST.ENGINEER, ELECTRICAL,K.W.A. P.H.HEAD WORKS SUB DIVISION,ALUVA (RETD.ON 30-9-08 AS ASSISTANT ENGINEER ELE.(HG)PH.HEAD WORKS S.DIVISION,ALUVA ON SUPERANNUATION),RES:AT 'PADMASREE,T.C.11/1568/ 01,YMR JN.,NANDANCODE,THIRUVANANTHAPURAM-695003. BY ADV. SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA) RESPONDENTS: --------------- 1. KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, WATER WORKS CAMPUS, THIRUVANANTHAPURAM-695001. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, IRRIGATION AND WATER SUPPLY DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. KERALA PUBLIC COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004. ADV. SMT.AMBIKA DEVI, SC, KWA FOR R1 G.P. SRI.BENNY GERVACIS FOR R2 ADV. SRI.ALEXADER THOMAS FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.1895 of 2010 .................................................................... Dated this the 18th day of November, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant, Government Pleader and Standing Counsel for Water Authority. Challenge is against judgment of the learned Single Judge who declined the prayer of the appellant for regularisation in service of Water Authority with retrospective effect. The Water Authority was constituted as a statutory body to take over the Public Health Engineering Department which was a Government Department engaged in water supply. Based on a judgment of the Supreme Court in 1990, those who have completed one year of service in Water Authority were regularised. The appellant at that time did not have one year service as Assistant Engineer and, therefore, he was not qualified to be absorbed in the regular service. However, the Supreme Court directed the PSC to consider the case of appellant and similar others who have less that one year service as on the date of judgment for being considered for regularisation. The PSC did not approve the 2 case of those including the appellant. However, later Water Authority instead of releasing the appellant and others, obtained Government orders and regularised the appellant with effect from 29.3.2001. The appellant after serving the Water Authority for long, retired from service on 30.9.2008. In fact, he is granted pension by reckoning period of provisional service as well. Further prayer is for retrospective regularisation of posting and then notional promotion and periodical revision of pay for the payment of pension and arrears of wages. We do not find any merit in the appellant's case because regularisation itself he got by virtue of a concession by the Water Authority through Government Orders. At the maximum his claim is to treat provisional service for the purpose of pension, which is seen granted without any court orders. The learned Single Judge rightly declined any relief. We do not find any ground to interfere with the judgment. Writ Appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms