IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 34359 of 2004(M) -------------------------- PETITIONER(S): --------------- 1. BHAGYAM, W/O.G.MURUKAN, S.P.LANE, DOOR NO. 111/3, MALAMPUZHA P.O., PALAKKAD-678 651. 2. VEERAMMA, W/O.ARULAPPAN, S.P.LANE, DOOR NO.8/6, MALAMPUZHA P.O., PALAKKAD -678 651. BY ADV. SRI.P.RAVINDRAN (SR.) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY IT'S SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA. GOVERNMENT PLEADER SHRI.M.R.SABU FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON 02/12/2008 DELIVERED THE FOLLOWING: W.P(C).No. 34359/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DTD.20.1.90. P2. COPY OF THE JUDGMENT IN O.P.NO.5182/98 OF THIS COURT. P3. COPY OF THE ORDER DTD.11.9.02. P4. COPY OF THE ORDER DTD.1.1.03. P5. COPY OF THE REPRESENTATION DTD.29.10.04. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.34359 of 2004 ================== Dated this the 2nd day of December, 2008 J U D G M E N T By Ext.P1 order, the Government recognised the right of CLR workers who had put in 500 days of service before 19.5.1983 for absorption in regular service and persons who have not put in 500 days before 19.5.1983 were given the benefit of absorption as SLR workers. For the purpose of granting benefits in Ext.P1 Government Order, the Government fixed 31.7.1992 as the cut off date. The petitioners submitted their applications for absorption as SLR workers on 18.4.1992, but the superior officers did not forward it to the Government before 31.7.1992. Hence the applications were rejected. The petitioners approached this Court by filing O.P.No. 5182/1998. By Ext.P2 judgment dated 11.1.2002, the applications of the petitioners were directed to be considered. Pursuant thereto, Exts.P3 and P4 orders were passed, whereby the petitioners were absorbed in service with effect from 1.1.2003. The petitioners' contention is that they should have been absorbed in service with effect from 31.7.1992 because delay was not on their part, but purely on account of the fault of the respondents. 2. A counter affidavit has been filed by the 1st w.p.c.34359/04 2 respondent, in which the contention is that the petitioners can claim to be absorbed in service only with effect from their actual date of absorption viz., 1.1.2003. Exactly identical question came up before me for consideration in W.P(C).No.30320/2004, in which I passed the following judgment. “Petitioner claimed benefits under Ext. P1 Government Order. Petitioner, along with others, had approached this Court by filing O.P.No. 5182/1998, since petitioner's application was rejected as being out of time. By Ext. P2 judgment, this Court found that the petitioner filed application on 18-4-1992 and the cut off date for submission of the application was 31-7-1992. Accordingly, the respondents were directed to consider the application of the petitioner. Now, by Exts. P3 and P4 orders, the petitioner has been granted the benefit, but the orders do not say as to from which date the benefit is to be granted. Petitioner submits that, that should be from immediately after the cut off date, viz, 31-7-1992. The learned Government Pleader would submit that unlike in the case of absorption into regular service, the date of granting the benefit as SLR worker may not be of much consequence in so far as the benefits due to the petitioner consequent on such absorption are concerned. Whatever that be, since it has been accepted by this Court that the petitioner has filed an application on 18-4-1992 and the cut off date of application was 31-7-1992, I feel that the petitioner should have been granted whatever benefit emanating from Ext. P1 within a reasonable period after 31-7-1992. I fix that reasonable period as three months from 31-7-1992. Accordingly, I direct that Exts. P3 and P4 orders would take effect from 1-11-1992 with any consequential benefits, if any. The original petition is disposed of as above.” In the above circumstances, the petitioners are also entitled to the same relief. Accordingly, I direct that Exts.P3 and P4 would take effect on 1.11.1992 with consequential benefits, if any. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.34359/04 3