IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WA.No. 1434 of 2008() --------------------- AGAINST THE JUDGEMENTIN WPC.28163/2004 Dated 14/06/2007 .................... APPELLANTS/RESPONDENTS IN W.P.(C): ------------------------------------------------ 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, P.H.SECTION KERALA WATER AUTHORITY, ALLEPPEY. BY MR.J.KRISHNA KUMAR, SC, KWA RESPONDENTS/RESPONDENTS: ------------------------------------- 1. B.THANKAPPAN, OPERATOR, SECTION NO.2, KERALA WATER AUTHORITY, ALLEPPEY. 2. C.R.RAMACHANDRAN PILLAI, OPERATOR, SECTION NO.2, KERALA WATER AUTHORITY, ALLEPPEY. 3. P.K.VASUDEVAN NAIR, OPERATOR, SECTION NO.2, KERALA WATER AUTHORITY, ALLEPPEY. 4. P.C.MURALIDHARAN, OPERATOR, SECTION NO.2, KERALA WATER AUTHORITY, ALLEPPEY. 5. A.BABU, OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, ALLEPPEY. 6. P.V.VARGHESE, OPERATOR,P.H.SECTION, KERALA WATER AUTHORITY, ALLEPPEY. 7. V.K.SUGUNANAN, OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, ALLEPPEY. W.A.No.1434/2008 2 8. K.SOMAN, OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, ALLEPPEY. 9. SUSEELA, W/O.N.CHANDRAN, OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, ALLEPPEY. 10. MOLLY IYPE, W/O.V.K.IYPE,OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, ALLEPPEY. BY MR.B.GOPAKUMAR,ADVOCATE FOR R1-6&8-10 SMT.CHINCY GOPAKUMAR, ADVOCATE FOR R1-6 & 8-10 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.1434 OF 2008 () ----------------------------------- Dated this the 27th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. Petitioners are working as casual workers (C.L.R.) under the respondents. It is their case that they are entitled to category change as N.M.R. workers from 20.3.1973 but they were actually given the benefits only from 4.8.1977. Petitioners relied on the Government Order dated 27.1.1968 issued in the Public Works Department which was adopted later by Public Health Engineering Department and which was followed by the Water Authority also as can be seen from Ext.P1. Most of the petitioners were retired from the service. In fact two persons, petitioners 9 and 10 died and the writ petition was filed on behalf of their wives. The learned Single Judge found that their case is covered by the directions in Ext.P3 judgment. Three similarly placed persons approached this Court earlier which resulted in Ext.P3 judgment, wherein WA.1434/09 2 it was held that as per Ext.P2 list of the Executive Engineer which was accepted by Ext.P3 A, they are entitled to get the benefits. The learned Judge observed as follows: “In the circumstances, I have no hesitation in concluding that Ext.P3(A) list would stand. Certainly if a mistake had been committed by the Government in the matter of absorption of these persons that could be corrected but only after affording the petitioners opportunity to state their case. So long as it has not been done they have to be absorbed into N.M.R. service and that should be done at once. The counter affidavit indicates that the government has been acting in the matter in a rather ill advised manner. I say ill-advised because even after two years they have not been able to verify the service particulars of the individuals working in the department.” The learned Single Judge directed to give the benefits to the petitioners also as they are entitled to get the benefits and their names were included in the list accepted by this Court in Ext.P3 judgment. We fully agree with the views of the learned Single judge in the impugned judgment as the matter WA.1434/09 3 is already covered by Ext.P3 judgment. Hence, we dismiss this appeal with a cost of Rs.5,000/- to be paid to the writ petitioners through their counsel. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008