Disposed

Nishad P.M. v. State of Kerala

Kerala HC24 Oct 2013WP(C)/3833/2013

Case brief

AI extract

What is this about?

Judge awarded direction to Kerala Water Authority to consider petitioners' representations for restoration of seniority under Rule 8 of Part II of Kerala State and Subordinate Services Rules, taking into account a recent Government Order redressing a similar grievance.

What did the court decide?

Direction to second respondent to consider petitioners' representations for restoration of seniority and consequential benefits within two months, taking previously issued Government Order into consid

Nishad P.M. 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 C.T.RAVIKUMAR

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THURSDAY, THE 24TH DAY OF OCTOBER 2013/2ND KARTHIKA, 1935

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WP(C).No. 3833 of 2013 (D)

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PETITIONERS:

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NISHAD P.M., AGED 32 YEARS

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LOWER DIVISION CLERK, PUBLIC HEALTH DIVISION KERALA WATER AUTHORITY, PALAKKAD.

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SIVADASAN K., METER READER,

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PUBLIC HEALTH AUGMENTATION SECTION

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KERALA WATER AUTHORITY, PALAKKAD.

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BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY

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SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.L.AMMU PILLAI

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT WATER RESOURCES DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001.

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KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN THIRUVANANTHAPURAM, PIN - 695 033.

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R2 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY R1 BY GOVERNMENT PLEADER SMT.SUNITHA VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3833 of 2013 (D)

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APPENDIX

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PETITIONERS' EXHIBITS

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EXT.P-1	TRUE COPY OF THE ORDER NO.KWA/JB/E10/12880/2003 DATED 3.8.2007 OF THE SENIOR ADMINISTRATIVE OFFICER OF THE WATER AUTHORITY.
EXT.P-2	TRUE COPY OF THE ORDER NO.KWA/CE/NR/E1-3742/05 VOL.II DATED 26.9.2009 OF THE CHIEF ENGINEER OF THE WATER AUTHORITY.
EXT.P-3	TRUE COPY OF THE ORDER NO.RD1-1939/2009 DATED 31.10.2009 OF THE PROJECT DIRECTOR DISTRICT POVERTY ALLEVIATION UNIT PALAKKAD, ALONG WITH ANNEXURE-I.
EXT.P-4	TRUE COPY OF THE ORDER NO.KWA/HO/E10/8213/068 DATED 12.11.2009 OF THE SENIOR ADMINISTRATIVE OFFICER OF THE WATER AUTHORITY.
EXT.P-5	TRUE COPY OF THE ORDER NO.KWA/HO/E10/6900/06 DATED 10.12.2009 OF THE MANAGING DIRECTOR, KERALA WATER AUTHORITY.
EXT.P-6	TRUE COPY OF THE GOVERNMENT CIRCULAR NO.768/R1/2004/ P&ARD DATED 15.7.2004.
EXT.P-7	TRUE COPY OF THE REPRESENTATION DATED 16.12.2011 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P-8	TRUE COPY OF THE LETTER NO.KWA/HO/E10/6900/2006 DATED 18.8.2010 OF THE 2ND RESPONDENT.
EXT.P-9	TRUE COPY OF THE GOVERNMENT LETTER NO.22089/C2/2010/WRD DATED 27.9.2010 WITHOUT ITS ENCLOSURE.
EXT.P-10	TRUE COPY OF THE REPRESENTATION DATED 5.1.2012 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P-11	TRUE COPY OF THE ORDER NO.KWA/JB/E5/4160/96 DATED 29.7.05 OF THE DEPUTY CHIEF ENGINEER (GL), KERALA WATER AUTHORITY.

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WP(C).No. 3833 of 2013 (D)

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EXT.P-12 TRUE COPY OF THE ORDER NO.PH/SRR/E1-216/95 DATED 7.3.2008 OF THE EXECUTIVE ENGINEER, PH DIVISION, SHORANUR.

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EXT.P-13 TRUE COPY OF THE ORDER NO.E1-7036/04 DATED 22.7.2009 OF THE ASSISTANT EXECUTIVE ENGINEER PH SUB DIVISION, PALAKKAD.

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EXT.P-14 TRUE COPY OF THE ORDER NO.KWA/JB/E5/14235/09 DATED 7.1.2010 OF THE 2ND RESPONDENT.

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EXT.P-15 TRUE COPY OF THE REPRESENTATION DATED 14.9.2010 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P-16 TRUE COPY OF THE REPRESENTATION DATED 11.1.2013 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

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EXT.P17: TRUE COPY OF G.O.(Rt)NO.533/13/WRD DATED 15.05.2013.

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RESPONDENTS' EXHIBITS

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EXT.R2(a): TRUE COPY OF THE LETTER NO.27987/C2/07/WRD DTD. 01.01.2008. EXT.R2(b): TRUE COPY OF THE LETTER NO.1826/B3/12/WRD DTD. 24.09.2012.

// TRUE COPY //

TKS

P.S. TO JUDGE

C.T.RAVIKUMAR, J.

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W.P.(C)Nos.3833 & 5922 of 2013

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Dated 24^th October, 2013

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JUDGMENT

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The issues involved in these writ petitions are essentially the same and therefore they were taken up for joint consideration and disposal. The petitioners in these writ petitions are working in different cadres under the Kerala Water Authority. In the case of the petitioners after commencing their service under the Kerala Water Authority they took up employment in certain other departments and thereafter returned to their parent department viz., Kerala Water Authority. The contention of the petitioners is that in the light of Rule 8 of Part II of the Kerala State and Subordinate Services Rules they are entitled to get restoration of their original seniority and all consequential benefits. It is essentially the refusal to consider request in that regard by the petitioners favourably that constrained the petitioners to approach this Court by filing the captioned writ petitions.

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I have heard the learned counsel for the petitioners, the

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learned standing counsel appearing for the second respondent and also the learned Government Pleader. The respondents have filed a counter

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WP(C).No.3833 & 5922/2013

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affidavit in the writ petition resisting the claims of the petitioners.

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Along with the reply affidavit filed in W.P.(C)No.3833 of 2013 the petitioners have produced GO(Rt)No.533/13/WRD dated 15.5.2013 as Ext.P17. Evidently, as per the same, the grievance of the first petitioner in W.P.(C)No.3833 of 2013 stands redressed. The contention of the other petitioner in that writ petition and the petitioner in the latter writ petition is that they are also entitled to get the same reliefs in the matters as is obvious from Ext.P17. In fact, it is contended that, in the circumstances, their grievance requires a consideration in the light of Ext.P17. In the light of the counter affidavit filed in W.P.(C) No.3833 of 2013 though the contentions of the petitioners are vehemently opposed by the learned counsel for the respondents I am of the view that since the grievance of the first petitioner in W.P.(C) No.3833 of 2013 was redressed by issuance of Ext.P17 Government order the similar claims and contentions raised by the other petitioners deserve a consideration at the hands of the 2^nd respondent, the Kerala Water Authority. In that view of the matter, these writ petitions are disposed of with a direction to the second respondent to consider Ext.P16 representation filed by the second petitioner in W.P.(C)No.3833 of 2013

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WP(C).No.3833 & 5922/2013 3

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and Ext.P12 representation submitted by the petitioner in W.P.(C) No.5922 of 2013 in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of copy of this judgment. Needless to say that while passing orders thereon Ext.P17 shall also be taken into consideration and it will only be appropriate to put on notice to persons who are likely to be affected in case of an order in favour of the petitioners. It is made clear that this judgment will not stand in the way of any person feeling aggrieved by any such decision to be taken pursuant to this judgment in appropriate proceedings.

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Sd/C.T.RAVIKUMAR Judge

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TKS

Nishad P.M. v. State of Kerala

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Nishad P.M. v. State of Kerala

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