IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3870 of 2008(I) ------------------------- PETITIONER: 1. VIDYADHARAN, AGED 57 YEARS, SLR WORKER, IRRIGATION DEPARTMENT, ALAPPUZHA DIVISION, ALAPPUZHA SUB DIVISION, THANNEERMUKKAM SECTION (SECTION NO.1) ALAPPUZHA DISTRICT. 2. K. SATHYAPALAN, AGED 51 YEARS, SLR WORKER, IRRIGATION DEPARTMENT, ALAPPUZHA DIVISION, ALAPPUZHA SUB DIVISION, THANNEERMUKKAM SECTION (SECTION NO.1) ALAPPUZHA DISTRICT. 3. M.C. DASAN, AGED 57 YEARS, SLR WORKER, IRRIGATION DEPARTMENT, ALAPPUZHA DIVISION, ALAPPUZHA SUB DIVISION, THANNEERMUKKAM SECTION (SECTION NO.1) ALAPPUZHA DISTRICT PRESENTLY WORKING AS THOTTAPPILLY SPILWAY ON WORKING ARRANGEMENT. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, IRRIGATION, SOUTH CIRCLE, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ALAPPUZHA. 5. THE EXECUTIVE ENGINEER, MECHANICAL DIVISION, THANNEERMUKKAM,ALAPPUZHA DIST BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 3870 of 2008 -------------------------- Dated this the 1st February, 2008 J U D G M E N T As against the decision contained in Exhibit P4, holding that SLR workers are not regular State Government Employees and therefore leave rules in the K.S.Rs are not applicable to them and the consequential recovery stated to have been effected from the petitioners, they have moved the Government under Exhibit P5 representation. 2. I have perused Exhibit P5 as also the averments in the writ petition. I heard the learned counsel for the petitioner Mr.K.N.Chandrababu and the learned Government Pleader. 3. In the result, this writ petition is disposed of directing the 1st respondent to consider Exhibit P5 and take a decision thereon, in accordance with law, within two months from the date of receipt of a copy of this judgment. If petitioners claim are found to be acceptable, the amounts recovered shall be refunded. Petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 1st respondent, for compliance. (V.GIRI, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007