IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 OP.No.4302 of 1999(K) -------------------------- PETITIONER: -------------- M.M. IBRAHIM, MANIYATH HOUSE, KARIKULAM, P.O. VELUPADAM, TRICHUR DISTRICT. BY MR.M.P.KRISHNAN NAIR, ADVOCATE. RESPONDENTS: ------------------ 1. THE CHIEF SECRETARY, STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (b) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 4. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 5. EXECUTIVE ENGINEER, CHIMONY DAM PROJECT DIVISION, CHIMONY DAM P.O., ALAGAPPANAGAR VIA, TRICHUR DISTRICT. BY MR. T.K. VIPINDAS, GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, ALONG WITH OP No.11354 OF 1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No.4302/1999 Order on C.M.P.No.7646/1999 in OP.No.4302/1999 Order on I.A.No.9321/2008 in OP.No.4302/1999 Order on I.A.No.7285/2008 in OP.No.4302/1999 Closed. 17.02.2009 Sd/- S. SIRI JAGAN, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(P) No.106/85/PW&T DATED 17/9/89 ISSUED BY THE GOVERNMENT OF KERALA. EXT. P2 : COPY OF the ORDER G.O.(P) No.6/90/PW&T DATED 20.1.1990 ISSUED BY THE GOVERNMENT OF KERALA. EXT. P3 : COPY OF the JUDGMENT DTD.14.8.1997 IN O.P.No.3981/91Y, O.P.No.3822/91 AND O.P.No.14158/92 PASSED BY THE HON'BLE HIGH COURT. EXT. P4 : COPY OF the ORDER No.A7/33/96 DATED 23.9.1998 ISSUED BY THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, TRICHUR. EXT. P5 : COPY OF THE ORDER No.E4-822/91, DTD 22.9.98 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DIVISION, TRICHUR. EXT. P6 : COPY OF THE REPRESENTATION DTD. 10.2.1999 SUBMITTED BY THE PETITIONER TO THE 4TH AND 5TH RESPONDENTS. EXT. P7 : COPY OF THE POSTAL RECEIPT No.2109, 2110, 2112 RESPECIVELY DTD. 17.2.99 FROM THE POST OFFICE, THRISSUR. EXT. P8 : COPY OF the LEAVE LETTER DTD. 19.2.99 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT. P9 : COPY OF the SHAW CAUSE NOTICE DTD. 26.3.2001. EXT. P10 : COPY OF the REPLY DTD. 7.6.2002. EXT. P11 : COPY OF the POSTAL RECEIPTS AND ACKNOWLEDGMENT CARD DULY SIGNED BY THE RESPONDENTS. OP.No.4302/1999 EXT. P12 : COPY OF the ORDER No.12860/01/VIG.9 DTD. 7.8.2002. EXT. P13 : COPY OF THE APPLICATION DTD. 14.12.98 SUBMITTED BY THE PETITIONER ALONG WITH ENCLOSURE. EXT. P14 : COPY OF the LETTER DTD. 28.12.98 SENT BY SRI.P.K. EKALAVYAN, ASSISTANT EXECUTIVE ENGINEER TO THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, THRISSUR ALONG WITH ITS ENCLOSURE. EXT. P15 : COPY OF THE LETTER No.A785/99 DTD. 12.2.99 NOTED DOWN FROM THE OFFICE OF THE ASSISTANT ENGINEER, 1ST SUB DIVISION, THRISSUR. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ---------------------------------------- O.P.Nos.4302 & 11354 OF 1999 ------------------------------------------ Dated this the 17th day of February, 2009 JUDGMENT The petitioners in these two original petitions claim to be CLR workers. They are claiming regularization in service based on Government Orders on the subject. The Government, by G.O.(P) No.6/90/PW&T dated 20.1.99, decided to absorb certain CLR workers in regular posts subject to certain conditions. The primary condition for becoming eligible for the same was that the CLR workers should have been in service on or before 19.5.1983 and they should have put in a minimum service of 500 days as on 1.4.1987. The petitioners in these two original petitions claim to be CLR workers in service on or before 19.5.1983 who have put in service of minimum 500 days as on 1.4.1987. However, they have not been able to produce any reliable evidence to prove the same. Their only contention is that the records are with the respondents and they may be directed to produce the same. The petitioners are claiming regularization in service with effect from 20.1.1990. They have filed these original petitions only in 1999. O.P.Nos.4302/99 & Con.case 2 It is futile to consider the claims of the petitioners at this distance of time especially in view of the fact that the petitioners have not been able to furnish any reliable materials in support of their contention that they satisfy the conditions prescribed by the Government Order. In the above circumstances, there is no merit in these two original petitions and accordingly the same are dismissed. S. SIRI JAGAN, JUDGE Acd O.P.Nos.4302/99 & Con.case 3