IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 3268 of 2009(L) ------------------------------------- PETITIONER: ------------------- M.ABDUSSAMAD, MACHINGAL HOUSE, CHETHUPALAM, DOWN HILL, MALAPPURAM, (ENGAGED AS A CLEANER, KERALA WATER AUTHORITY). BY ADVS. MR.P.SANTHOSH KUMAR (PANAMPALLI NAGAR), MR.LUIZ GODWIN D'COUTH, MR..K.P.CHANDRASEKHAR. RESPONDENTS: ------------------------ 1. SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, `JALA BHAVAN', VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, MALAPPURAM. 4. ASSISTANT EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, SECTION NO.11, MALAPPURAM. 5. ASSISTANT ENGINEER, KERALA WATER AUTHORITY, SECTION NO.II, MALAPPURAM. R1 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R2 TO R5 BY MR..C.UNNIKRISHNAN, SC, KWA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.3268 of 2009 -------------------------------------- Dated 18th June, 2009 JUDGMENT Heard the learned counsel appearing on both sides. 2. The petitioner was an N.M.R worker in the Kerala Water Authority. He along with others similarly placed moved this Court and thereafter the Apex Court seeking regularisation in service. By Ext.P1 judgment delivered on 1.2.1988 the Apex Court directed the Kerala Water Authority to regularise the services of such of those petitioners who possess the requisite qualifications. The Government thereupon issued G.O.(MS)No.5/91/LAD dated 5.1.1991 according sanction to absorb all those CLR workers engaged by the erstwhile Public Health Engineering Department and the Kerala Water Authority on daily wages and had worked for 240 days within a continuous period of 12 months and are still continuing in service into NMR service in the Kerala Water Authority, in relaxation of the rules. Thereupon, by order dated 2.5.1991, the services of 548 CLR workers who had been recruited between 16.6.1980 and 31.3.1984 were absorbed into NMR service in the Kerala Water Authority with effect from 1.4.1984. Later, while absorbing 579 CLR workers into NMR service by Ext.P2 order dated 16.8.1991, the Managing Director of the Kerala Water Authority WP(C).No.3268/2009 2 ordered that names of those workers who had left service at their own will and workers who had expired and workers who have attained the age of superannuation as on 22.5.1990 will be be treated as deleted. Thereafter, Ext.P3 dated 18.9.1992 was issued regularising 94 workers including the petitioner. However, the petitioner who was not in service when the Government order dated 5.1.1991 was issued did not get the benefit of Exts.P2 and P3 orders. In the year 2004 he moved the Managing Director of the Kerala Water Authority by submitting Ext.P4 representation claiming appointment as Cleaner. He thereafter filed W.P.(C)No.3389 of 2005 in this Court. By Ext.P5 judgment delivered on 14.2.2005 this Court directed the Managing Director of Kerala Water Authority to consider the request made by the petitioner in Ext.P4 and take a decision thereon. The petitioner was also directed to produce a copy of the judgment before the Managing Director. 3. As directed by this Court, the petitioner produced a certified copy of Ext.P5 judgment along with Ext.P6 representation before the Managing Director of the Kerala Water Authority. When no orders were passed, this writ petition was filed seeking the following reliefs: “i) issue of writ of mandamus, or any other appropriate writ, order or direction directing the respondents to appoint the petitioner as Cleaner in the service of the Kerala Water Authority with WP(C).No.3268/2009 3 immediate effect. ii) issue a writ of mandamus, or any other appropriate writ, order or direction directing the respondents declaring the petitioner is entitled for appointment as Cleaner by virtue of Exts.P1, P2 and P3. Iii) issue a writ of mandamus, or any other appropriate writ, order or direction directing the 1st respondent to call for the records leading to Exts.P4, P5 and P6 from the 2nd respondent and to take a decision on the claim of the petitioner for his permanent appointment as Cleaner in terms of Ext.P1 judgment with effect from 1.2.1988, with all consequential benefits.” 4. The respondents have filed a counter affidavit contending that the petitioner was not in service on 5.1.1991, the date on which the Government accorded sanction to absorb all CLR workers in service and therefore the mere inclusion of his name in the list appended to Ext.P3 is of no consequence. In my opinion, in view of the directions issued by this Court in Ext.P5 judgment, the Managing Director ought to have taken a decision in the matter. The pleadings disclose that though more than four years have passed after Ext.P5 judgment was delivered, the Managing Director of the Kerala Water Authority has not yet taken a decision in the matter. In my opinion, the Managing Director of the Kerala Water Authority ought to have taken a decision in the matter, instead of attempting to defend the claim made by the petitioner in this writ petition. WP(C).No.3268/2009 4 I accordingly dispose of this writ petition with a direction to the Managing Director of the Kerala Water Authority to take a final decision on the request made by the petitioner in Exts.P4 and P6 representations, in the light of the relevant Government orders, expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN Judge TKS