IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 21244 of 2008(D) -------------------------- PETITIONER(S): --------------- 1. RAGHAVAN K.K., AGED 53, S/O KUNJU, N.M.R. METER READER, (REGULARISED AS UNSKILLED WORKER), P.H.SECTION, KERALA WATER AUTHORITY, MOOVATTUPUZHA, ERNAKULAM DISTRICT. 2. A.K. CHANDRASEKHARAN NAIR, AGED 56, S/O KARUNAKARAN NAIR, N.M.R. METER REDER (REGULARISED AS UNSKILLED WORKERS (NOW RETIRED) WHILE BEING IN SERVICE) P.H. SECTION KERALA WATER AUTHORITY, MOOVATTUPUZHA ,RESIDING AT ARACKAKUDIYL HOUSE, VARAPETTY.P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.MANJU ANTONEY SMT.LAYA FRANCIS RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,PUBLIC HEALTH DIVISION, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. ASSISTANT ENGINEER, P.H. SECTION, KERALA WATER AUTHORITY, MOOVATTUPUZHA, ERNAKULAM DISTRICT. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, WATER RESOURCES (WATER B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21244/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER DATED 23/11/1981 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER. P2 : COPY OF ORDER DATED 23/11/1981 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER. P3 : COPY OF ORDER DATED 07/07/1992 PASSED BY THE MANAGING DIRECTOR OF THE KERALA WATER AUTHORITY. P4 : COPY OF ORDER DATED 12/06/1998 PASSED BY THE GOVT. OF KERALA. P5 : COPY OF PROCEEDINGS DATED 25/08/1998 FROM THE MD, KWA TO THE EXE. ENGINEER, PERUMBAVOOR. P6 : COPY FO RELEVANT PAGE OF LIST DATED NIL. P7 : COPY OF ORDER DATED 15/07/1999 IN CMP NO.28924/99 IN OP NO.17666/99 C. P8 : COPY OF THE JUDGMENT DATED 09/10/2006 IN OP NO.17666/99. P9 : COPY OF REPRESENTATION DATED 20/10/2006 FILED BY THE PETIITONER TO THE MANAGING DIRECTOR, KWA. P10 : COPY OF REPRESENTATION DATED 20/10/2006 FILED BY THE 2ND PETITIONER TO THE MANAGING DIRECTOR, KWA. P11 : COPY OF ORDER DATED 20/05/2008 (G.O.(Rt.) NO.508/06/WRD) PASSED BY THE 4TH RESPONDENT RECEIVED BY 1ST PETITIONER. P12 : COPY OF ORDER DATED 20/05/2008 (G.O.(Rt.) NO.508/06/WRD) PASSED BY R4 RECEIVED BY 2ND PETITIONER. P13 : COPY OF REPRESENTATION DATED 21/06/2008 BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT SUBMITTED BY 1ST PETITIONER. P14 : COPY OF REPRESENTATION DATED 21/06/2008 BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT SUBMITTED BY 2ND PETITIONER. P15 : COPY OF LETTER DATED 19/11/2003 BEARING NO.KWA/JB/E3/714/99 ADDRESSED TO THE GOVERNMENT. P16 : COPY OF EXPERIENCE CERTIFICATE OF 1ST PETITIONER DATED 13/04/1999. P17 : COPY OF EXPERIENCE CERTIFICATE OF 2ND PETITIONER DATED 13/04/1999. P18 : COPY OF ORDER DATED 14/01/2004 BEARING NO.KWA-AB/E3- 20817/99 OF MD, KWA. WPC NO.21244/2008 P19 : COPY OF REPRESENTATION DATED 26/06/2008 FILED BY 1ST PETITIONER TO THE M.D., KWA. P20 : COPY OF REPRESENTATION DATED 26/06/2008 FILED BY 2ND PETITIONER TO THE M.D., KWA. P21 : COPY OF REPRESENTATION DATED 26/06/2008 FILED BY 1ST PETITIONER TO THE PRINCIPAL SECRETARY TO GOVERNMENT. P22 : COPY OF REPRESENTATION DATED 26/06/2008 FILED BY 2ND PETITIONER TO THE PRINCIPAL SECRETARY TO GOVERNMENT. P23 : COPY OF ACKNOWLEDGMENT CARDS OF EXTS.P19 & P21. P24 : COPY OF ACKNOWLEDGMENT CARDS OF EXTS.P20 & P22. //TRUE COPY// PA TO JUDGE jg ANTONY DOMINIC, J. ------------------ WP(C) No.21244 of 2008 -------------------------- Dated, this the 1st day of October, 2009 ------------------------------ J U D G M E N T The petitioners submit that by Exts.P1 & P2 issued on 23/11/1981, they were appointed as C.L.R. workers under the erstwhile P.H.E.D. 2. Subsequently, by Ext.P3 order dated 07/07/1992, they were absorbed as NMR Meter Readers with effect from 01/04/1984. While the petitioners were thus continuing in service, Ext.P4 order dated 12/06/1998 was issued by the Government directing the Kerala Water Authority to absorb qualified NMR workers, who have completed 5 years of service as on 01/04/1989 into regular establishment with effect from 01/04/1989. Ext.P4 order shows that 354 posts were permitted to be created in the categories mentioned therein, which includes 4 posts in the category of Meter Reader. 3. In pursuance to Ext.P4, the 1st respondent passed Ext.P5 order regularising 353 qualified NMR employees including the WP(C) No.21244/2008 -2- petitioners. Ext.P6 is the extract of the list of beneficiaries of Exts.P4 & P5, which indicates that as against the posts of Meter Reader, in which the petitioners were working, they were absorbed as unskilled workers. According to the petitioners, since Ext.P4 itself directed that the regularised persons will be continued to be utilised for the jobs they were doing before absorption to regular service, they were entitled to be absorbed in the category of Meter Reader itself. Contending the above, they filed O.P.No.17666/99 before this Court, in which an order was passed directing that they shall not be reverted from the post of Meter Readers. That original petition was finally disposed of by Ext.P8 judgment relegating the petitioners to pursue their remedy before the 1st respondent itself. 4. Accordingly, Exts.P9 and P10 representations were filed on 20/10/2006. It would appear that the Managing Director of the 1st respondent forwarded the representations to the Government along with certain other claims. The Government accordingly considered the representations and issued Exts.P11 & P12 orders dated 20/05/2008. A reading of these two orders show that the Government have proceeded on the basis that what was claimed by the petitioners was regularisation in the services of the Water Authority. But, from the facts as stated above and from Exts.P9 & WP(C) No.21244/2008 -3- P10 representations, what is disclosed is that their contention was that they were entitled to be regularised in the post of Meter Readers. Examining the representations as one made for regularisation, the Government decided against the petitioners, and rejected the representations. According to the petitioners, the Managing Director of the 1st respondent again recommended their claim to the Government and the matter is still pending. It is at that stage, the writ petition is filed. 5. It does not appear to be a matter of dispute that prior to the issuance of Ext.P4, the petitioners were working as NMR Meter Readers with effect from 01/04/1984. While ordering the creation of 354 posts, the Government also directed that the employees shall be utilised for the jobs they were doing before absorption to regular posts. This would, prima facie, suggest that the petitioners ought to have been regularised as Meter Readers. It was as against this claim of the petitioners that they were regularised only as unskilled workers. Describing this case to be a mistake, the petitioners made Exts.P9 & P10 representation, which were dealt with and rejected by Exts.P11 & P12. These orders would show that the claim has been appreciated as if it was a claim for regularisation. Although what was essentially sought for was that WP(C) No.21244/2008 -4- the petitioners should be absorbed as Meter Readers, a reading Exts.P11 & P12 orders disclose that the claim urged by the petitioners was not considered in the proper manner. For that reason, I am inclined to set aside Exts.P11 & P12. 6. Therefore, this writ petition will stand disposed of directing that the 1st respondent, before whom Exts.P9 & P10 representations were made, shall consider the claim of the petitioners and pass orders in the light of Exts.P3 to P6 referred to above, with notice to the petitioners as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. 7. It is directed that in the meanwhile, the interim order not to revert the 1st petitioner, passed by this Court by order dated 30/07/2008 will remain in force. The petitioners shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg