IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 403 of 2006(W) --------------------------------------- PETITIONER(S): ------------------------- ALPHONSA M.J., (PART-TIME SWEEPER, KERALA WATER AUTHORITY), D/O. JACOB, AGED 32 YEARS, RESIDING AT MANGAN HOUSE, VADANAPPALLY DESOM, VADANAPPALLY VILLAGE, CHAVAKKAD TALUK. BY ADV. MR.K.J.MOHAMMED ANZAR RESPONDENT(S): --------------------------- 1. KERALA WATER AUTHORITY, REP. BY ITS DEPUTY CHIEF ENGINEER (GL), THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.W.A. P.H. DIVISION, VADANAPPALLY, THRISSUR DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, K.W.A. P.H. DIVISION, NATHIKA. R1 TO R3 BY ADV. MR.BABU VARGHESE, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.403/2006 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SENIORITY LIST ALONG WITH ITS CIRCULAR DTD. 30/07/03 PREPARED BY THE 1ST RESPONDENT. P2: COPY OF THE ORDER (RELEVANT PAGES OF THE PROMOTION AND POSTING ORDER) DTD. 16/07/05. P3: COPY OF THE NOTE SUBMITTED BY THE PETITIONER DTD.6/08/05. RESPONDENT'S EXHIBITS: R1(A): COPY OF ORDER NO.KWA/HO/E 21/4670/02 TVM DTD.12/08/2005. R1(B): COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER. R1(C): COPY OF RELEVANT PORTION OF THE PAPER CUTTING IN MATHRUBHOOMI DAILY DTD. 17/08/2005. /TRUE COPY/ P.A.TO JUDGE Kss V.K.MOHANAN, J. -------------------- WP(C) No. 403 OF 2006 ------------------------ DATED THIS THE 24 TH DAY OF AUGUST 2009 J U D G M E N T The claim of the Petitioner is that she was appointed as part-time sweeper in the Kerala Water Authority and she had joined for duty at PH Division, Vadanappally on 1-10-1994 and thereafter she is working there. According to the Petitioner first respondent prepared a seniority list on 30-7-2003 for part-time sweeper as on 1-9-2002. Ext.P1 is the said list. But the Petitioner's name in the seniority list is shown as serial No.18. It is the further case of the Petitioner that the senior most part-time sweepers in Ext.P1 have been promoted provisionally as cleaners, full time sweepers and gardners. According to the Petitioner she was promoted as cleaner and posted at the 3rd respondent's office, the PH Division at Nattika. Ext.P2 is the relevant pages of the said promotion. According to the Petitioner she relieved from her duty as part-time sweeper and on 6-5-2005 she approached the WP(C) No. 403 OF 2006 2 3rd respondent and handed over a copy of Ext.P2 order and requested to allow her for joining duty as full- time gardner in the PH Division office, Nattika. But according to the Petitioner, the 3rd respondent did not allow the Petitioner to join duty and no reason is assigned for not permitting to her to join in duty. Therefore it is prayed in this writ petition to issue a direction directing the 3rd respondent to allow the Petitioner to join duty as full-time gardner in the office of PH Division, Nattika. It is also prayed for a direction directing the first respondent to treat the Petitioner has joined duty as full-time cleaner from 6- 8-2005 so as to enable the Petitioner to get her seniority in service as full-time cleaner. 2. On behalf of respondents a detailed counter affidavit has filed. In the counter affidavit it is specifically stated that the Petitioner is engaged only on daily wage basis for sweeping the section and sub division offices at Vadanappally and she is not a part- time sweeper. According to the counter she was locally WP(C) No. 403 OF 2006 3 engaged for the purpose of daily wage basis from 1994. According to the counter usually persons recruited through Employment Exchange are regularized as part- time sweeper. While publishing the seniority list of part-time sweeper on July 2003, the petitioner's name was wrongly included in the said list. Thus according to the respondents the Petitioner is not a part-time sweeper and she is not eligible to get promoted as full time category. It is also admitted by the respondent that as per Order dated 12-7-2005 of the Senior Administrative Officer of Kerala Water Authority,Thiruvananthapuram, the senior most part-time sweepers were promoted and directed to join duty and in this list also the name of the Petitioner was included by mistake. According to the respondents the above defect was detected later and a revised order was issued by the Head Office by which the promotion order earlier issued has been cancelled. Thus Ext.R1(a) dated 12-8-2005 is the revised order. In Ext.R1(a) the Petitioner's name is not included. Along with the WP(C) No. 403 OF 2006 4 counter they have produced Ext.R1(b) and R1(c). They produced a copy of representation filed by the Petitioner to show that even according to the Petitioner she was not a part-time sweeper. It is specifically stated if the casual labourers enaged on daily or contract basis it would amounts to back door recruitment since there are thousands of qualified persons waiting for employment after registering the name in the Employment Exchange and P.S.C for getting employment. 3. I have heard the Counsels appearing for the contesting parties and also perused records. From the contentions it appears that the Petitioner seek benefit or claim promotion to the post of cleaner on the basis of Ext.P1 order. But in the counter affidavit by the respondents it is stated that Petitioner's name was included in Ext.P1 mistakenly and subsequently when the mistake was detected the said order was revised and thus issued Ext.R1(a) order cancelling the promotion given to the Petitioner. In this Writ Petition there WP(C) No. 403 OF 2006 5 is no challenge against Ext.R1(a) order of cancellation. If that be so non of the prayers of the Petitioner sustainable. Hence Writ Petition is liable to be dismissed. It is admitted by the respondents that the Petitioner was working as a sweeper on daily wages. However if the Petitioner is so advised she is free to challenge Ext.R1(a). In the result this Writ Petition is dismissed without prejudice to the right of the Petitioner to challenge Ext.R1(a). V.K.MOHANAN JUDGE pkk