IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 W.P(C).No. 24435 of 2008(H) -------------------------- PETITIONER: ------------ K.D. GEORGE, AGED 57 YEARS, S/O. K.V. DEVASSY, KALAPARAMBATH HOUSE, VALLOM, RAYONPURAM.P.O, PERUMBAVOOR-683543. (EX-NMR PLUMBER, P.H SECTION, KERALA WATER AUTHORITY, PERUMBAVOOR) BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS: ------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES (WSB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. BY SMT. T.B. REMANI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------ W.P(C). No. 24435 of 2008 ------------------------------ Dated this the 1st day of September, 2008 JUDGMENT The petitioner who commenced service as CLR plumber on 6/02/1984 was absorbed as NMR plumber in the service of the Kerala Water Authority with effect from 22/05/1990. While he was working as NMR Plumber, he was relieved on 19/04/1991 for taking up employment in the Kerala State Road Transport Corporation. He came back to Kerala Water Authority with effect from 20/08/1992. The period from 19/04/1991 to 20/08/1992 was treated as leave without allowances as per order dated 9/10/1992 passed by the Kerala Water Authority. The petitioner's grievance is that he has not been absorbed into regular establishment of the Kerala Water Authority in terms of the stipulations contained in Exhibit P1 Government Order. The petitioner submits that the request made by the Managing Director of the Kerala Water Authority to Principal Secretary to Government, Water Resources Department in Exhibit P2 letter dated 22/04/2004 seeking WP(C). No. 24435 / 2008 2 regularisation of his service and absorption into the establishment with effect from 22/09/1996 is lying unattended for the past four years. In this Writ Petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to absorb him into the regular establishment of the Kerala Water Authority with effect from 22/09/1996 with all consequential benefits. By order passed on 13/08/2008, this Court had directed the learned Government pleader to ascertain and submit whether final orders have been passed on Exhibit P2. Today, when Writ Petition came up for admission, the learned Government pleader appearing for the first respondent submitted that the claims of similarly situated persons were considered and rejected by the State Government in G.O.(Rt). No. 508/08/WRD dated 20/05/2008 and that the petitioner cannot therefore claim regularisation and absorption into the regular establishment. I have considered the submissions made at the Bar by the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the State of Kerala and the learned Standing Counsel appearing for the Kerala Water Authority. It is not in dispute that final WP(C). No. 24435 / 2008 3 orders have not been passed on the request made by the Managing Director of the Kerala Water Authority in Exhibit P2. Exhibit P2 letter was sent early as on 22/04/2004. In these circumstances, I dispose of the Writ Petition with a direction to the first respondent to take a decision on Exhibit P2 expeditiously and in any case within a period of three months from today. After a decision is taken on Exhibit P2, the first respondent shall communicate the same to the petitioner. If the petitioner is aggrieved by the decision taken by the Government on Exhibit P2, it will be open him to challenge the same in other appropriate proceedings. P.N. RAVINDRAN, JUDGE scm