IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 OP.No. 17633 of 2001(Y) ----------------------- PETITIONER(S): --------------- 1. K.RAMACHANDRAN NAIR, OPERATOR, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. 2. C.R.SASIDHARAN PILLAI, OPERATOR, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. BY ADV. SRI.ASOK M.CHERIAN RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE EXE. ENGINEER, P.H. DIVISION, K.W.A., ALAPPUZHA. 3. THE ASST. EXE. ENGINEER, P.H. SUB DIVISION, W.S.P. NO.II, K.W.A., ALAPPUZHA. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/01/2009, ALONG WITH OP NO. 23250 OF 2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 17633/01. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER BY R2 DTD.27.8.92. P2. COPY OF THE REPRESENTATION DTD.20.3.01 BY P1 TO R2. P3. COPY OF THE REPRESENTATION DTD.20.3.01 BY P2. P4. COPY OF THE CIRCULAR DTD.25.10.93. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.Nos.17633 & 23250 of 2001 ================== Dated this the 5th day of January, 2009 J U D G M E N T The petitioners in these original petitions were originally CLR workers in the Public Health Engineering Department (PHED) of the Government of Kerala. The PHED was converted into Kerala Water Authority with effect from 1.4.1984 and the petitioners were absorbed as NMR workers (unskilled) in the Kerala Water Authority with effect from 1.4.1984. As per the orders on the subject, NMR workers (unskilled) were entitled to be absorbed as NMR workers (skilled) on passing of a trade test conducted by the Kerala Water Authority. In respect of the petitioners in O.P.No. 23250/2001, a trade test was conducted on 28.2.1992 and they passed the test. On passing the test, the petitioners were assigned the work of pump operators with effect from 1.6.1992, which is a post in the skilled category in the regular establishment of the Water Authority. The petitioners in O.P.No.17633/2001 passed the trade test on 27.6.1992 and they were assigned the work of pump operators with effect from 20.1.1993. The petitioners' contention is that since they were o.p.17633/01 & cc. 2 engaged by the Kerala Water Authority to do the work of pump operators, they are entitled to the scale of pay as applicable to pump operators, which is being denied to them. They are still paid the scale of pay applicable to NMR workers (unskilled) is the grievance raised by the petitioners in these original petitions. They, therefore, seek a declaration to the effect that the petitioners are entitled to the scale of pay applicable to pump operators with effect from the respective dates from which they have been engaged as pump operators. In the course of consideration of the original petitions, this Court found it necessary to ascertain various scales of pay applicable to NMR workers (skilled), NMR workers (unskilled) and pump operators and the Kerala Water Authority was directed to file an affidavit in respect of the same. Pursuant thereto in O.P.No. 23230/2001 the Kerala Water Authority has filed an affidavit in which scales of pay of the three categories are stated as follows; “Pre- revised (Rs.) Revised (Rs.) 1) NMR (unskilled) 810-1090 2700-3770 2) NMR (skilled) 835-1320 2700-4210 3) Pump Operator 1090-1695 3440-5385” o.p.17633/01 & cc. 3 The petitioners, therefore, submit that they are entitled to be paid the scale of pay of Pump Operators which is mentioned in the above affidavit. 2. This is opposed by the learned Standing Counsel for the Kerala Water Authority. According to the Water Authority, the validity of the trade test and absorption as pump operators has been considered by a Division Bench of this Court in W.A.Nos.1792 and 2010 of 1998, in which this Court has found that since the pump operators is a post included in the subordinate service of the erstwhile PHED, which has been constituted as Kerala Water Authority, only those persons who have the qualifications prescribed in the special rules for appointment as pump operators can be paid the scale of pay applicable to the pump operators. Ext.R1(a) is the judgment of the Division Bench in that case. According to them, since the petitioners in these original petitions do not possess the qualifications prescribed for pump operators, they are not entitled to the scale of pay applicable to pump operators. 3. In view of Ext.R1(a) judgment the counsel for the petitioners submits that even though the petitioners are not o.p.17633/01 & cc. 4 entitled to the scale of pay applicable to the pump operators in the subordinate service of the Kerala Water Authority, in so far as the Kerala Water Authority themselves admit that scales of pay have been prescribed for NMR workers (unskilled) and NMR workers (skilled) and the petitioners have been engaged to do the work of pump operators, which is a skilled job, the petitioners cannot be denied the scale of pay applicable to NMR workers (skilled). Therefore, they confine their relief for a direction to the Kerala Water Authority to pay to the petitioners the salary in the scale of pay applicable to NMR workers (skilled) with effect from the date when they are being engaged as pump operators. 4. I have considered the rival contentions in detail. 5. As is clear from the affidavit dated 4.3.2005 filed on behalf of respondents 1 to 3 quoted above, it cannot be disputed that apart from pump operators which is a post borne in the subordinate service of the Kerala Water Authority, the Kerala Water Authority is maintaining separate scales of pay for NMR workers (skilled) and NMR workers (unskilled). It is not disputed before me that the petitioners have passed the trade test conducted by the Kerala Water Authority and that the petitioners o.p.17633/01 & cc. 5 are being engaged for work as pump operators. That being so, I am of opinion that although the petitioners cannot as of right claim the scale of pay applicable to pump operators in the absence of required qualifications for the post of pump operators, in so far as the Kerala Water Authority themselves have recognized the petitioners as NMR workers (skilled), the petitioners cannot be denied the scale of pay applicable to NMR workers (skilled). In the above circumstances, these original petitions are disposed of with a direction to the respondents to give the petitioners the scale of pay applicable to NMR workers (skilled) with effect from the dates when the petitioners have been engaged to do the work of pump operators. The petitioners are also entitled to arrears of wages in respect of the same. Orders in this regard shall be passed and arrears of wages paid as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.17633/01 & cc. 6 S.SIRI JAGAN, J. =============== O.P.Nos.17633 & 23250 of 2001 ============== J U D G M E N T 5th January, 2009