IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 28796 of 2011(Y) ------------------------------------- PETITIONER(S): --------------------- 1. P.M.NOORDEEN, S/O. MUHAMED, WATCHMAN/HELPER, KERALA WATER AUTHORITY, S.N.PURAM SECTION, MATHILAKOM, KODUNGALLUR TALUK. 2. JOSHY.K.G, S/O.GANAPTHY, WATCHMAN/HELPER, KERALA WATER AUTHORITY, P.H.SECTION, VADANAPPILLY, THRISSUR DIST. 3. T.R.PRAKASAN, S/0. RAMAN, WATCHMAN/HELPER, KERALA WATER AUTHORITY, P.H.SECTION, NATTIKA, THRISSUR DIST. 4. CHAKKU, S/O.AUGESTIAN, WATCHMAN/HELPER, KERALA WATER AUTHORITY, P.H.DIVISION, CHEMBUKKAVU, THRISSUR DIST. 5. SANU K.M.L., S/O.K.M.LONAPPAN, WATCHMAN/HELPER, KERALA WATER AUTHORITY, P.H.SECTION, VADANAPPILLY, THRISSUR DIST. 6. LOUIS.A.V., S/O.VAR, WATCHMAN/HELPER, KERALA WATER AUTHORITY, S.N.PURAM SECTION, MATHILAKOM, THRISSUR DIST. 7. P.C.VASU, S/O.CHAKUTTY, WATCHMAN/HELPER, KERALA WATER AUTHORITY, P.H.SECTION, VELLANI, THRISSUR DIST. BY ADVS. SRI. K.J.MOHAMMED ANZAR SRI.K.ABDUL NASSAR ..2/- DG ..2.. WP(C).No. 28796 of 2011(Y) RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORIY, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SMT.AMBIKA DEVI, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3/- DG ..3.. WP(C).No. 28796 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS P1: COPY OF THE PROVISIONAL APPOINTMENT ORDER DT.15-05-1985 OF THE PETITIONERS. P2: COPY OF THE REGULARISATION ORDER DT.10-08-2004 OF THE PETITIONERS. P3: COPY OF THE ORDER DT.4-7-2008 ISSUED BY THE SECOND RESPONDENT REGULARIZING THE SERVICE OF SIMILARLY SITUATED PERSONS W.E.F.,FROM THEIR DATE OF APPOINTMENT. P4: COPY OF THE REPRESENTATION DT.20-7-2009 SUBMITTED BY THE PETITIIONERS TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 28796 OF 2011 ----------------------------------------------------------- Dated this the 16th November, 2011. JUDGMENT The petitioners are persons who were provisionally appointed as watchmen/helpers in the Kerala Water Authority as per Ext.P1 order dated 15-5-1985. Before that they were working under the Public Health Engineering Department. While so, the petitioners sought regularisation of their services. Accordingly, the petitioners were regularised as per Ext.P2 with effect from 30-6-2004. According to the petitioners, since they have been regularised only with effect from 30-6-2004 a substantial length of the service put in by them as provisional employees has been omitted to be taken into consideration, while regularising them. Consequently, the petitioners are denied the benefit of their long provisional service. For the above reason they have been representing to the authorities to give them the benefit of their provisional service also. It is also pointed out that in the case of other similarly situated persons, the respondents have issued orders taking into account the prior provisional service also. The petitioners rely on Ext.P3 which is a WPC28796/2011 2 similar order. The petitioners therefore claim that they are entitled to be similarly treated. 2. The petitioners have produced Ext.P4 which is a representation submitted by them to the second respondent seeking regularisation of their services with effect from the date of their initial entry into service as provisional employees. They complain that no orders have been passed thereon till date. The standing counsel for water authority assures that the representation of the petitioners would be considered and that orders would be passed thereon without delay. The counsel for the petitioners also submits that some of the petitioners are about to retire on attaining superannuation on 31-3-2012. Therefore, it is necessary that a decision is taken on Ext.P4, without further delay. 3. This writ petition is accordingly disposed of directing the second respondent to consider the representation submitted by the petitioners evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC28796/2011 3