IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 13004 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- RAMASWAMY, S/O. RAJ, PICHALAMUNDAKUNNU, MUTHUKURUSSI P.O., THACHAMPARA, PALAKKAD DISTRICT, NOW RESIDING AT 2/A 556, NARANAPURAM, PALLADAM TALUK, TIRIPUR DISTRICT, TAMILNADU. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE CHIEF ENGINEER,PWD & ADMINISTRATION, THIRUVANANTHAPURAM - 695 001. 3. THE ASSISTANT EXECUTIVE ENGINEER, KANHIRAPPUZHA ROAD WORKS SUB DIVISION NO.III, KANHIRAPPUZHA, PALAKKAD DISTRICT - 678 021. BY GOVT. PLEADER SRI. JOSE ADIYODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13004/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GOVERNMENT ORDER DATED 20/01/1990. P2: COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST. P3: COPY OF THE JUDGMENT DATED 18/03/1996 IN O.P. NO.15782/95. P4: COPY OF THE REPRESENTATION DATED 02/12/1996 SUBMITTED BEFORE THE MINISTER FOR IRRIGATION DEPARTMENT. P5: COPY OF THE COMMUNICATION DATED 01/02/1997 ISSUED FORM THE OFFICE OF THE MINISTER FOR IRRIGATION. P6: COPY OF THE CERTIFICATE DATED 11/01/1995 ISSUED BY THE VILLAGE OFFICER, THACHAMPARA BEFORE THE 2ND RESPONDENT. P7: COPY OF THE CERTIFICATE DATED 26/09/1995 ISSUED BY THE SECRETARY OF THE THACHAMPARA GRAMA PANCHAYATH BEFORE THE 2ND RESPONDENT. P8: COPY OF THE CERTIFICATE DATED 11/01/1995 ISSUED BY THE VILLAGE OFFICER, THACHAMPARA BEFORE THE 2ND RESPONDENT. P9: COPY OF THE REPRESENTATION DATED 25/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.13004 of 2011-A. = = = = = = = = = = = = = Dated this the 28th November, 2011. J U D G M E N T The petitioner is a person who has worked as a Casual Labour Recruit in the Kanhirappuzha Irrigation Project, intermittently for various periods from 1970 to 1988. He had submitted an application for getting his name included in the seniority list of Special Labour Recruits as provided by Ext.P1. On the basis of his application, the Assistant Engineer, Kanjirappuzha Irrigation Project verified the records and found that the petitioner is a person who was employed as a Casual Labour Recruit in the Kanhirappuzha Irrigation Project during the relevant period, and that his name had been included as Sl.No.122 in the seniority list of Casual Labour Recruit workers. Therefore, the petitioner ought to have been absorbed as a regular worker. However, the authorities were not certain whether the WP(C).No.13004/2011-A. 2 petitioner was the same 'Ramaswamy' whose name figures as a worker in the records. The petitioner therefore produced a certificate issued by the Secretary of Thachampara Grama Panchayat and another certificate issued by the Village Officer, Thachampara identifying his photograph in support of his claim. The petitioner complains that even after producing those documents there has been no progress in the processing of his claim. 2. The learned Govt.Pleader opposes the contentions of the petitioner. According to him, the petitioner had not produced his birth certificate and other relevant documents that he had been directed to produce. There were also complaints regarding many of the names that were included in the list. Therefore, a vigilance enquiry has been been ordered and is pending, into the alleged irregularities. According to the Govt.Pleader, the reasons for the delay are the above factors. 3. Since Ext.P9 is pending before the second WP(C).No.13004/2011-A. 3 respondent, it is only appropriate that the said authority considers the claim of the petitioner and passes some orders thereon. 4. This writ petition is therefore disposed of directing the second respondent to consider the claim of the petitioner set out in Ext.P9 representation in accordance with law and in the light of the Government Orders applicable, as well as the documents produced by the petitioner and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-