Disposed

Venugopalan .K. v. the Managing Director Kerala Water Authority

Kerala HC1 Feb 2018WP(C)/1549/2018

Case brief

AI extract

What is this about?

Retiree petitioner sought regularisation from date of daily-wage appointment by virtue of physical disability and SAARC year status. Court directed respondent to consider representation with hearing within two months.

What did the court decide?

Direction to the 1st respondent to consider and pass orders on Ext.P3 representation after affording an opportunity of hearing to the petitioner, within two months.

Venugopalan .K. Vs the Managing Director… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939

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WP(C).No. 1549 of 2018

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PETITIONER:

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VENUGOPALAN .K., AGED 59 YEARS,S/O.P.KUTTY,THAZHEMURALIYIL HOUSE, INDUSTRIAL ESTATE.P.O,OLAVAKKODE,PALAKKAD-678731.

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BY ADVS.SRI.SHABU SREEDHARAN SRI.P.R.VIBHU SMT.NIDHI RAVINDRAN SRI.M.YOHANNAN SRI.D.THILAKAN

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RESPONDENT(S):

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1. THE MANAGING DIRECTOR KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,THIRUVANANTHAPURAM-695001.

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2. THE CHIEF ENGINEER, NORTH ZONE,KERALA WATER AUTHORITY, KOZHIKODE-673020.

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3. THE SUPERINTENDING ENGINEER, P.H.CIRCLE,KERALA WATER AUTHORITY, KALMANDAPAM,PALAKKAD-678013.

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BY SRI.P.BENJAMIN PAUL, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 1549 of 2018 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE ID CARD DATED 18.8.2O10 ISSUED BY THE SOCIAL WELFARE DEPT.SHOWING THE DISABILITY OF THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE LETTER FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 27.8.2016 EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20.7.2017. RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PA TO JUDGE

PBS

P.V.ASHA, J.

W.P(C) No.1549 of 2018-P

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Dated this the 1^st day of February, 2018

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JUDGMENT

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The petitioner, who retired from service from the Kerala Water Authority, claims that he was liable to be regularised as Operator w.e.f 17.12.1984. It is stated that he was originally appointed as Operator on daily wages through employment exchange on 17.12.1984, in the absence of a permanent vacancy at that time. On completion of 5 years of service, it is stated that, he was appointed as NMR Worker w.e.f 22.5.1990 along with other CLR Workers and thereafter in permanent service w.e.f 22.5.1995 and retired from service on 31.01.2015 while working as Higher Grade Pump Operator. The petitioner submits that he is a physically handicapped person with 45% disability and therefore he was entitled to be regularised from the date of his initial appointment. He has produced Ext.P2 report of the Superintending Engineer submitted before the Chief Engineer in which his service details have been explained. In this report it is stated that the

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W.P(C) No.1549 of 2018-P 2

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petitioner's appointment on daily wages through employment exchange was made only because of the absence of a permanent post at that time and he would have got regularisation in case his appointment was made on regular basis as 1984 was the SAARC year, and as he is a physically handicapped person. As there was no follow up action on that, the petitioner submitted Ext.P3 representation before the 1^st respondent on 20.07.2017, requesting for regularising him from the date of his initial appointment.

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The learned counsel for the petitioner submits that the petitioner

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would be satisfied with a direction to the 1^st respondent to consider Ext.P3 representation.

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In the above circumstances, the writ petition is disposed of directing the 1^st respondent to consider and pass orders on Ext.P3 representation, after affording an opportunity of hearing to the petitioner, within a period of two months.

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Sd/-

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(P.V.ASHA, JUDGE)

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rtr/

Venugopalan .K. v. the Managing Director Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Venugopalan .K. v. the Managing Director Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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