This single-judge bench dismissed a review petition filed by the Kerala Water Authority challenging an interim order that permitted four junior Assistant Engineers to continue in service until Permanent Selection Committee members joined duty. The court found no merit in the review.
The Review Petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939
RP.No. 162 of 2018
-----------------AGAINST THE ORDER IN WP(C) 29385/2017 DATED 20-12-2017
-----------
REVIEW PETITIONER(S)/RESPONDENTS 1 & 2
1 THE KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, WATER WORKS CAMPUS, THIRUVANANTHAPURAM-695033.
2 DEPUTY CHIEF ENGINEER (GENERAL),
KERALA WATER AUTHORITY, JALA BHAVAN, WATER WORKS CAMPUS, THIRUVANANTHAPURAM-695033.
BY ADV.SRI.P.BENJAMIN PAUL, SC
RESPONDENT(S)/PETITIONER & RESPONDENTS 3 TO 13:
1. KURIAKOSE A.L., ASSISTANT ENGINEER REVERTED AS DRAUGHTSMAN GRADE I, WATER WORKS SECTION NO.1, CHEMBUKAVU, THRISSUR-680013.
2. SHRI. PRADEEPAN V., ASSISTANT ENGINEER, WATER WORKS SECTION, KERALA WATER AUTHORITY, KEEZHALLUR, KANNUR-670612.
3. SHRI. SALIH K. K., GENERAL SECRETARY, KERALA WATER AUTHORITY ENGINEERING, STAFF ASSOCIATION, REG. NO. 07-3/1998 STATE COMMITTEE, ERNAKULAM, WORKING AS ASSISTANT ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, COCHIN-682011.
4. SHRI.BHASKARAN T.P., ASSISTANT ENGINEER, PH SECTION, KERALA WATER AUTHORITY, PONNANI, MALAPPURAM-676108. 5. SMT.LEENA P.P., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, ALUVA, ERNAKULAM-683101.
6. SHRI.SURESH BABU P.K., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, KOZHIKODE-673009.
7. SHRI.BINOJ KUMAR, ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, KOZHIKODE-673009.
8. SHRI.SREEKUMAR P., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, KOCHI-682016.
RP.No. 162 of 2018
9. SMT.SREELATHA L., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, KOTTAYAM-686002. 10. SMT.ANITHA N. NAIR, ASSISTANT ENGINEER, KERALA WATER AUTHORITY, WS DIVISION, CHOONDI, PUTHENCRUZ, ERNAKULAM-682308. 11. SMT.GRACY M. A., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, PIRAVAM, ERNAKULAM-686664.
12. SMT.JESSY THOMAS, ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH DIVISION, CHANGANASSERY, KOTTAYAM-686101. R1 BY SRI.B.RAGUNATHAN R5,R10 & R11 BY SRI.P.C.SASIDHARAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
k.v.
RP.No. 162 of 2018
APPENDIX PETITIONERS ANNEXURES: ---------------------ANNEXURE A1: TRUE COPY OF THE TRANSFER ORDER ISSUED TO THE 1ST RESPONDENT BY WATER AUTHORITY. RESPONDENTS ANNEXURES: NIL --------------------/TRUE COPY/ K.V. P.S.TO JUDGE 24.03.2018
P.V.ASHA J.
Review Petition No.162 of 2018 in
W.P.(C).No.29385 of 2017
------------------------------------- Dated this the 20th day of March, 2018
O R D E R
Respondents in the writ petition filed this review
petition stating that the first respondent was promoted as Assistant Engineer provisionally on condition that he will be reverted back as and when
PSC hands join duty. It is also stated that first respondent in the review petition had given an undertaking agreeing for the condition to that effect. It is further stated that reversion was already effected and the writ petitioner has challenged only on 07.09.2017. In the case of respondents 3 to 5, it
is stated that they were continuing on the basis of the interim order and the Division Bench directed the
Water Authority to maintain status quo and therefore, the first respondent cannot claim to continue in the
Review Petition No.162 of 2018 in W.P.(C).No.29385 of 2017
2
post of Assistant Engineer even after his reversion.
juniors of the petitioner were allowed to continue as Assistant Engineers. Review petitioners did not have a case that the party respondents in the writ petition were not promoted without getting an undertaking or without a condition that they would be reverted as and when PSC hands join duty. The interim order was passed taking note of Ext.P9 order passed in the Writ Appeal
filed by the party respondents in the writ petition who are juniors of the writ petitioner.
In the above circumstances, I do not find any reason to review the interim order passed on 20.12.2017. Accordingly, the Review Petition is dismissed.
Sd/-
P.V.ASHA, JUDGE.
AS
2 issues framed by the court
Whether the review petition should be allowed to re-examine the interim order regarding the provisional promotion condition of the Assistant Engineer.
Whether the reversion of the petitioner justifies interfering with the status of the junior respondents.
THE KERALA WATER AUTHORITY
KURIAKOSE A.L.
SALIH K.K.
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
