IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 34263 of 2008(D) -------------------------------------- PETITIONER: ------------------- V.J.THOMAS, S/O.JOSE, VELIYAVEETTIL, ALANALLUR P.O. PALAKKAD DISTRICT. BY ADV. SRI.K.G.ANIL BABU. RESPONDENT: --------------------- THE ALANALLUR GRAMA PANCHAYAT, P.O.ALANALLUR, PALAKKAD DISTRICT -678601 REPRPESENTED BY ITS SECRETARY. ADV. SRI.V.CHITAMBARESH (SR.), SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34263/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RESOLUTION NO. 8 DTD. 29/06/02 OF THE RESPONDENT PANCHAYATH. EXT.P.2: COPY OF THE RESOLUTION NO. 2/67 DTD. 12/07/07 OF THE RESPONDENT PANCHAYATH. EXT.P.3: COPY OF THE REQUEST SUBMITTED BY THE PANCHAYAT BEFORE THE HON'BLE MINISTER FOR WATER RESOURCES DTD. 13/09/07. EXT.P.4: COPY OF THE REQUEST SUBMITTED BY THE RESPONDENT PANCHAYAT DTD. 20/11/07. EXT.P.5: COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THE RESPONDENT PANCHAYAT. EXT.P.6: COPY OF THE JUDGMENT IN W.P.(C).NO.22921/08 DTD. 30/07/2008. EXT.P.7: COPY OF THE LETTER DTD. 28/10/08 ISSUED BY THE MANAGING DIRECTOR, KWA. EXT.P.8: COPY OF THE REQUEST DTD. 10/11/08 TO THE PANCHAYAT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34263 of 2008-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009. JUDGMENT The petitioner had been engaged as a Pump Operator by the respondent Panchayat. The distribution of water was being undertaken by the Kerala Water Authority prior to the handing over of the same to the Panchayats. The petitioner was appointed as a Pump Operator in Kannamkundu Pump House and one Shri P. Habeeb Rehman was appointed as a Pump Operator in Pookkadamcherry Pump House on 29.6.2002. They were getting daily wages at the rate of Rs.91/- per day. It is submitted that the said wages have been revised to Rs.100/- per day later. It is the contention of the petitioner that from June, 2007 onwards, no amounts have been paid. In spite of the request made by the petitioner, he was not given the due benefit. It appears that by Ext.P2 the Panchayat has also taken an appropriate decision in the matter. 2. Previously, it was up to the Water Authority to take action which led the petitioner to approach this court by filing Writ Petition No.22921/2008 which was disposed of by Ext.P6 judgment. This court directed the Water Authority to take a decision on Ext.P4 in that writ WPC 34263/2008 2 petition. 3. Thereafter, by Ext.P7, a reply has been given to the petitioner stating that the burden as regards the payment of wages of the Operators under the scheme which is already handed over to the Panchayats, is on the Panchayat concerned and not on the Water Authority. Naturally, it is up to the Panchayat to do the same. Pursuant to the reply given as per Ext.P7, the petitioner has moved the Panchayat concerned by Ext.P8. 4. Heard learned Standing Counsel for the Panchayat also. It appears that as per Ext.P7, the petitioner was given a reply rather than rejecting his claim. Ext.P7 shows that actually his claim has not been rejected, but the Water Authority has clarified that as the water supply scheme has been trasferred to the Panchayat, it is up to the Panchayat to make payment. Therefore, the objection cannot be sustained. In the above view of the matter, the respondent will take a decision on Ext.P8 within a period of one month from the date of receipt of a copy of this judgment. The due benefit of the petitioner shall also be disbursed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/