IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 8730 of 2003(L) -------------------------------- PETITIONER: ------------------- M.HASSAN KUNJU, CLEANER-CUM-WATCHER, MINOR IRRIGATION SECTION, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.), ADV. SRI.BINDU SREEKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D. & ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KOLLAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, KOLLAM. 5. N.RAJENDRAN, GR.II WORKER, MINOR IRRIGATION SECTION, SASTHAMCOTTA. 6. N.VIJAYAN, GR.II WORKER, MINOR IRRIGATION SECTION, KUNDARA, KOLLAM DIST. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 8730/2003-L: ORDER ON C.M.P. NO. 15130/2003 IN O.P. NO. 8730/2003-L DISMISSED 10/11/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN O.P. NO. 14872/97 DTD. 09/06/1998 OF THIS COURT. EXT.P.2: COPY OF THE ORDER NO. EE1-42957/97 DTD 19/09/98 OF THE R.2. EXT.P.3: COPY OF THE ORDER NO. A1-780/98 DTD. 23/06/2000 OF THE R.4. EXT.P.4: COPY OF THE SENIORITY LIST OF C.L.R. WORKERS OF P.W.D. AS ON 19/05/1983. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.8730 of 2003 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioner approached this court praying for a declaration that the petitioner is entitled to get his service regularised with effect from 1.4.1987 in the light of G.O.(P) No.6/90/PW&T dated 21.1.1990 and also to get the consequential benefits. It is submitted that the benefits are given only from 17.10.1998. According to the petitioner, many of his juniors have been granted the benefit. It is further submitted that the petitioner has satisfied the conditions prescribed in the Government Order. There is no counter affidavit yet. On a perusal of Ext.P2 order passed by the Chief Engineer, it is fairly clear that the case of the petitioner as directed by this court in Ext.P1 judgment has not been considered properly. Once the name of the petitioner is included in the list of CLR workers, he is entitled to be considered for regularization with effect from 1.4.1987, as already held by this court in Ext.P1 judgment. I quash Ext.P2 with a direction to the second respondent to consider the matter afresh and pass appropriate orders. This OP NO. 8730/03 2 shall be done within two months from the date of production of a copy of the judgment along with a copy of the writ petition. It is made clear that in case any of the juniors to the petitioner has been given regularization with effect from 1.4.1987, the petitioner shall not be discriminated. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No.8730 of 2003 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.