Allowed

P.K.Haridasan v. State of Kerala

Kerala HC6 Feb 2013WP(C)/32081/2008

Case brief

AI extract

What is this about?

The Court quashed the government order rejecting regularisation of water authority operators who have been in service since 1984/85. The petitioner was directed to regularise them with effect from 01.02.1988 and fix pay from 01.01.2013.

What did the court decide?

Order Ex.P5 quashed; respondents directed to regularise petitioners w.e.f. 01.02.1988 and pay w.e.f. 01.01.2013 within two months.

P.K.Haridasan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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WEDNESDAY, THE 6TH DAY OF FEBRUARY 2013/17TH MAGHA 1934

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WP(C).No. 32081 of 2008 (T)

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PETITIONER:

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P.K.HARIDASAN,OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, VYNTHALA THRISUR, R/AT.PALAKKADAN HOUSE, ASHTAMICHIRA POST THRISSUR.

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BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN

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RESPONDENTS:

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1. STATE OF KERALA GOVERNMENT, IRRIGATION DEPARTMENT, GOVT. SECRETARIAT TRIVANDRUM.

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2. KERALA WATER AUTHORITY JALA BHAVAN, TRIVANDRUM-695003 REP.BY ITS MANAGING DIRECTOR.

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3. EXECUTIVE ENGINEER,

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P.H.DIVISION, KERALA WATER AUTHORITY, NATTIKA THRISSUR.

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R1 BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN R2-3 BY ADV.SRI.MILLU DANDAPANI,SC,KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2013, ALONG WITH WPC. 12081/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32081 of 2008 (T) ---------------------------

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P.1. COPY OF JUDGMENT DATED 14.3.00 IN OP 7946/00 BEFORE THIS HON'BLE COURT.

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EXT.P2. COPY OF ORDER DATED 5.8.00 IN VIDE NO.12206/B3/2000/1RD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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EXT.P3. COPY OF JUDGMENT 19.2.07 IN OP NO.18417/2002 OF THIS HON'BLE COURT.

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EXT.P4. COPY OF THE COUNTER AFFIDAVIT DATED 28.9.04 BEFORE THE HON'BLE HIGH COURT OF KERALA FILED BY THE 2ND RESPONDENT.

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EXT.P5. COPY OF ORDER DATED 20.5.08 VIDE G.O.(RT) NO.508/08/WRD ISSUED BY THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER.

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EXT.P6. COPY OF THE COMMUNICATION DATED 15.12.05 VIDE NO.KWA/JB/E3/22245/96 VOL.II ISSUED BY THE 2ND RESPONDENT.

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EXT.P6(A). COPY OF THE COMMUNICATION DATED 15.2.06 VIDE NO.KWA/JB/E3/22245/96 VOL.II ISSUED BY THE 2ND RESPONDENT.

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EXT.P6(B). COPY OF THE COMMUNICATION DATED 17.11.06 VIDE NO.KWA/JB-E322245/96 ISSUED BY THE 2ND RESPONDENT.

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EXT.P6(C).COPY OF THE COMMUNICATION DATED 07.02.07 VIDE NO.KWA/JB22245/96 ISSUED BY THE 2ND RESPONDENT.

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EXT.R1(A). COPY OF PROCEEDINGS NO.KWA/HO/LS3/2989/88 DATED 11.06.1993.

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RESPONDENT'S EXHIBITS : NIL

/ TRUE COPY /

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.32081 of 2008 & 12081 of 2009

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- - - - - - - - - - - - - - - - Dated this the 6^th day of February, 2013.

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JUDGMENT

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The petitioners are working as Operator in the Public Health Section of the Kerala Water Authority. The issue of termination of services of the petitioners and similarly situated persons in the year 1987 went up to the Hon'ble Supreme Court and the Apex Court as per common order dated 01.02.1988 in Civil Appeal Nos. 472/88 to 478/88 directed to regularise the services of the persons possessing the requisite qualification. Based on the same, the petitioners were permitted to continue in service. This Court as per judgment dated 13.01.1992 directed the Kerala Water Authority to consider the case of the petitioners for regularisation in service in the light of the decision of the Apex Court in Jacob v. Kerala Water Authority [1990(2) KLT 673] based on which the petitioners were regularised in service along with 94 workers as per resolution No. 2507 dated 04.09.1992 of the Kerala Water Authority. Thereafter, their regularisation was cancelled stating that the petitioners do not possess the prescribed qualification and with a

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W.P.(C) Nos.32081/2008 & 12081/2009 -:2:-

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direction to treat them as unqualified hands. As per judgment dated 14.07.1998 in O.P. No. 16769 of 1992 this Court directed that since the Water Authority has taken the stand that unqualified persons could be regularised in the lower posts, they may give their willingness to be appointed in the lower posts. Out of the 62 unqualified employees, only 17 submitted willingness to be absorbed in the lower category. Petitioners approached this Court in O.P. No. 7946 of 2000 seeking regularisation as Operator by relaxing the qualification and the same was disposed of directing the Water Authority to consider and pass orders on their representations which was rejected as per Ext.P2. The 1^st petitioner in W.P.(C) No. 12081 of 2009 and the petitioner in W.P.(C) No. 32081 of 2008 challenged Ext.P2 in O.P. No. 18417 of 2002 which was disposed of as per Ext.P3 judgment directing to consider them for regularisation as NMR worker in the light of Ext.P4 counter affidavit filed by the Water Authority. The Water Authority as per Exts.P6, P6(a), P6(b) and Ext.P6(c) recommended the case of the petitioners for regularisation. However, as per Ext.P5 the Government rejected the proposal. Hence these writ petitions.

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Considering the fact that the petitioners in W.P.(C) No.

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W.P.(C) Nos.32081/2008 & 12081/2009 -:3:-

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12081 of 2009 are working since 1984 and the petitioner in W.P. (C) No. 32081 of 2008 is working since 1985 as Operator, I am of the considered view that their suitability cannot be doubted. Accordingly, Ext.P5 is quashed so far as the petitioners are concerned and I direct the 1^st respondent to regularise the petitioners in service with effect from 01.02.1988 in terms of the recommendation made by the Water Authority in their favour and pass appropriate orders within two months from the date of receipt of a copy of this judgment. Their pay shall be fixed notionally and regular pay shall be given with effect from 01.01.2013. Consequential benefits flowing from the order of regularisation shall be given without delay.

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These writ petitions are disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) Nos.32081/2008 & 12081/2009 -:4:-

P.K.Haridasan v. State of Kerala

Case brief

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P.K.Haridasan v. State of Kerala

Case brief

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