IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 30093 of 2007(G) ------------------------------------- PETITIONER(S): ---------------------- 1. P.REMADEVI, W/O JAYARAJAN M.P., AGED 55 YEARS, RESIDING AT 'SRIHARI', MEPPANANGOTTU, P.O.KOTTAMPARAMBA, MEDICAL COLLEGE, KOZHIKODE DISTRICT, PIN-673008. RETIRED CONFIDENTIAL ASSISTANT, KERALA WATER AUTHORITY. 2. A.K.PRASANNA, W/O SUKUMARAN, AGED 55 YEARS, "SUPRABHATH", NEAR OLD HOEMEO DISPENSARY, P.O.PALAYAD, THALASSERY, KANNUR DISTRICT. RETIRED U.D.CLERK, KERALA WATER AUTHORITY. 3. NANI P.K., W/O BALAN, AGED 56 YEARS, KALLOTHTHAZHATH HOUSE, NEAR STATE BANK OF INDIA, P.O.ELATHUR, KOZHIKODE DISTRICT. RETIRED PEON KERALA WATER AUTHORITY. BY ADV. MR.P.K.RAMKUMAR SMT.ANITHA RAMKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPLE SECRETARY TO GOVERNMENT, WATER RESOURCES(WSB)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. DILIP MOHAN ADV. MR.J.KRISHNA KUMAR, SC, KWA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30093 of 2007(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A TRUE COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR KERALA WATER AUTHORITY DT. 26.9.01. EXT.P2 - A TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENTS ACCOUNTS OFFICER CONCERNING 1ST PETITIONERS PENSION DT. 18.7.07. EXT.P3 - A TRUE COPY OF THE COMMUNICATION OF 2ND RESPONDENTS CHIEF ENGINEER TO THE EXECUTIVE ENGINEER CONCERNING 2ND PETITIONERS PENSION DT. 24.8.07. EXT.P4 - A TRUE COPY OF THE COMMUNICATION OF 2ND RESPONDENTS ACCOUNTS OFFICER TO THE EXECUTIVE ENGINEER. EXT.P5 - A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT. 26.4.07. EXT.P6 - A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DT. 25.9.07. EXT.P7 - A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE ACCOUNTS OFFICER THROUGH THE EXECUTIVE ENGINEER DT. 12.5.07. EXT.P8 - A TRUE COPY OF THE CIRCULAR ISSUED BY KERALA WATER AUTHORITY DT. 25.1.97. EXT.P9 - A TRUE COPY OF THE GOVERNMENT ORDER D.O.(Rt) NO. 279/06/06/WRDDT. 1.3.06. EXT.P10 - A TRUE COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR KWA DT. 17.4.06. EXT.P11 - A TRUE COPY OF THE COMMUNICATION FROM THE SECRETARY TO GOVERNMENT ISSUED TO M.D. KWA DT. 5.7.00. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 30093 of 2007 ................................................. Dated this the 22th day of July, 2009 J U D G M E N T Petitioners were originally provisional employees of the Kerala Water authority. Pursuant to judgment of the Supreme Court on the subject, service of the petitioners were regularised before 1.10.1994. Subsequently, the petitioners retired from service. Applications for regular pension submitted by the petitioners have been rejected on the ground that they have to apply for exgratia pension. According to the petitioners, as per law, the petitioners are entitled for regular pension, in so far as they have put in the required qualifying service for being eligible for regular pension. The petitioner therefore seeks the following reliefs: “A. To issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondent no. 2 to reckon petitioners provisional service rendered before 1.10.1994 as qualifying service for pension. B. To direct the respondents to grant pension to the petitioners taking into account their provisional service prior to 1.10.1994 as qualifying service for pension. W.P(C) No. 30093 of 2007 -2- C. To regularize the provisional service of the petitioners from their date of entry into the service as provisional employees, not with standing Exhibit P1 proceedings of the managing director of Kerala Water Authority that their services are regularized with effect from 29.3.01 and G.O(Rt) No. 393/01/Ird dtd.29.3.01 to that effect.” 2. Petitioners now submit that subsequent to filing of the writ petition, the Government have passed G.O(Rt)No. 1205/08/WRD 22.11.2008 by which their grievance has been redressed. Therefore they submit that the writ petition can be disposed of in terms of that Government Order. 3. I have heard the learned Government Pleader also. 4. The said Government Order, a copy of which has been handed over to me by the petitioner across the bar, reads thus: “The Hon'ble Supreme Court in its judgment dated, 19.09.1990 in W.P(Civil) No. 112/1990 categorised the provisional employees in the Kerala Water Authority into four distinct groups as follows and ordered to regularise them. 1. Those who were in the employment of Public Health Engineering Department before the constitution of the Authority and were transferred to the Authority. 2. Those who were employed between 01.04.1984 (due to constitution of the Authority) and 04.08.1986 (date of publication of the Act in the Gazette). 3. Those who were appointed between 04.08.1986 and 30.07.1988 (PSC appointment). 4. Those who were appointed after 30.07.1988. W.P(C) No. 30093 of 2007 -3- Accordingly, the Kerala Water Authority has regularised the services of the 1st three categories with effect from 19.09.1990 counting their provisional service for all service benefits. But the regularisation of the fourth group of employees, (ie. provisional employees appointed after the recruitment was entrusted with the Public Service Commission, was delayed as the Kerala Public Service Commission refused the proposal for regularisation. Those employees faced the threat of termination from service. Hence, taking a humanitarian stand Government decided to regularise their service with effect from 29.03.2001 vide G.O. read as 1st paper above. Accordingly the Managing Director, Kerala Water Authority regularised the services of 137 provisional employees in the 4th category. But their provisional service prior to 29.03.2001 was not counted for any service benefits. Those employees had entered in service during the period 1980-1990 and as on the date of effect of regularisation (ie 29.03.2001), they had almost 11 years of provisional service to their credit. But as per G.O. read as 2nd paper above, provisional service regularised on or after 01.10.1994 will not count for increment, pension or other service benefits. Hence the petitioners' service were regularised only with effect from 29.03.2001. The petitioners preferred O.P. No.179/2002 before the Hon'ble High Court challenging the stand taken by the Kerala Water Authority in not giving service benefits prior to 29.03.2001 and the Hon'ble High Court in its judgment dated 24.10.2005 had directed the Kerala Water Authority to consider and pass order on the representations of the petitioners within four months. Later the petitioners preferred to W.A. No.2674/05 before the Division Bench of the High Court and Hon'ble High Court in its judgment read as 3rd paper above has directed Government to examine to case with compassion and without subjecting the persons concerned to any discrimination. The request of the petitioners in their representations read as 4th paper above is to pass orders regularising the service of the employees (4th group) with effect from 19.09.1990, ie. the date of judgment of Hon'ble Supreme Court. Government have examined the matter in detail and are pleased to modify the Government Order issued as per W.P(C) No. 30093 of 2007 -4- GO read as 1st paper above for the regularisation of provisional employees in the Kerala Water Authority by giving retrospective effect from 19.09.1991 (the date of completion of one year temporary service) for the purpose of extending service benefits subject to the condition that period of provisional service up to 29.03.2001 will not count for declaration of probation, leave, seniority and also that the monetary benefit will be only with effect from 29.03.2001. The Government Order read as 1st paper above stands modified to the above extent.” In view of the above submission, the writ petition is disposed of in terms of the said order. S. SIRI JAGAN, JUDGE rhs