IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WA.No. 1847 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.4216/2003 Dated 07/03/2007 .................... APPELLANT(S): RESPONDENTS ----------------------------------------------- 1. THE CHIEF ENGINEER (IRRIGATION & ADMINISTRATION), STATE OF KERALA, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BENNY GERVASIS RESPONDENT(S): PETITIONER ----------------------------------------------- K.A.PRASAD, WORKER GRADE II, MINOR IRRIGATION SECTION, PAMPAKUDA, ERNAKULAM. ADV. SRI.M.CHATHUKUTTY NAMBIAR FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.A. NO. 1847 OF 2007 =================== Dated this the 6th day of April, 2011 J U D G M E N T Antony Dominic, J. Heard both sides. 2. The issue raised in this writ appeal filed by the State relates to the claim of regularisation in service raised by the respondent, who filed OP No.4216/03 in which the impugned judgment has been rendered. The OP was disposed of directing that the respondent shall be regularised in service with effect from the date of Ext.P1 Government Order dated 20/1/90. 3. Learned Government Pleader and the counsel appearing for the respondent agrees that the issue raised in the appeal is fully covered by the Division Bench judgments in WA Nos.2625/07 and 1078/10. The parties also agree that applying the principles laid down in the Division Bench judgments referred to above, the effective date of regularisation of the respondent will stand modified as 1/9/92 as against 20/1/90 as ordered by the WA 1847/07 : 2 : learned Single Judge. 4. In view of the submissions so made, we direct that the judgment of the learned Single Judge will stand modified to the extent that the effective date of regularisation shall be 1.9.1992. Writ Appeal is disposed of as above. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp