Dismissed

Rexin P.S. v. State of Kerala

Kerala HC5 Jul 2023WP(C)/1860/2021

Case brief

AI extract

What is this about?

Operators of Kerala Water Authority sought inclusion in the feeder category for in-service recruitment as Assistant Engineers. During pendency, the Kerala Water Authority Technical Service Rules, 2023 were promulgated, including Operators. The court held that since the Rules were promulgated after the impugned notifications, the petitioners could not be considered for vacancies notified before 30.

What the court decided

AI extract

Rexin P.S. Vs State of Kerala — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945

¶5

WP(C) NO. 30716 OF 2019

¶6

PETITIONERS:

¶7

1 VARGHESE VIJESH, AGED 37 YEARS S/O.K.D.JOSEPH, KURIAPPILLY HOUSE, THURUTHUR, PUTHANVELIKKARA.P.O, ERNAKULAM DISTRICT

¶8

2 MUHAMMED SHERIEF T.M, AGED 42 YEARS S/O.T.P.MARAKKAR, THUPPANATH HOUSE, ELOOR EAST, UYOGAMANDAL.P.O, ERNAKULAM DISTRICT

¶9

BY ADVS. K.MOHANAKANNAN SMT.A.R.PRAVITHA

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001

¶12

2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695001

¶13

3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM-695004

¶14

BY ADVS.

¶15

SRI.P.C.SASIDHARAN (SC)-R3 SRI.P.M.JOHNY (SC)-R2 SMT.ANIMA M, GOVERNMENT PLEADER

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).1860/2021, 1880/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.P.(C) No.30716/2019 & connected cases

¶18

: 2 :

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶22

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 1860 OF 2021

¶23

PETITIONERS:

¶24

1 REXIN P.S. AGED 44 YEARS S/O K.P SREENIVASAN (LATE), OPERATOR, PH SUB DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM-691 001. 2 ANSAR S, AGED 37 YEARS S/O SAINULABDEEN A, OPERATOR, PH SUB DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM-691 001. 3 JITHESH V, AGED 29 YEARS S/O BALAKRISHNAN V, OPERATOR, KERALA WATER AUTHORITY, WSP SUB DIVISION, KASARAGOD-671 121.

¶25

4 MATHEW JOSEPH, AGED 33 YEARS S/O JOSEPH K M, OPERATOR, KERALA WATER AUTHORITY, PH DIVISION, MUVATTUPUZHA, ERNAKULAM-686 661.

¶26

5 JAIMON SEBASTIAN, AGED 27 YEARS S/O SEBASTIAN A L, OPERATOR, WATER WORKS SECTION NO 2, SUB DIVISION THRISSUR, PH DIVISION THRISSUR, KERALA WATER AUTHORITY, CHEMBUKAVU, THRISSUR-680 020.

¶27

6 SOORAJ K.N, AGED 35 YEARS S/O NARAYANAN K.V.OPERATOR, KERALA WATER AUTHORITY, PH SECTION, KUMBALA, WSP SUB DIVISION, KASARAGOD-671 121.

¶28

W.P.(C) No.30716/2019 & connected cases

¶29

: 3 :

¶30

7	AKSHAY RAJ V, AGED 29 YEARS
	S/O M P VIJAYAKUMAR, OPERATOR, KERALA WATER AUTHORITY, WATER WORKS, EAST SUBDIVISION, PTP NAGAR, THIRUVANANTHAPURAM-695 038.
8	ABHILASH S,
	AGED 29 YEARS
	S/O SREEDHARAN PILLAI K, OPERATOR,
	PH SUB DIVISION, KOLLAM,
	KERALA WATER AUTHORITY, KOLLAM-691 001.
9	AJI BALAKRISHNAN,
	AGED 41 YEARS
	S/O BALAKRISHNAN, OPERATOR,
	WS SECTION, KERALA WATER AUTHORITY,
	PATHANAPURAM, KOLLAM-689 695.
10	ANUP M,
	AGED 29 YEARS
	S/O K MOHANAN NAIR, OPERATOR,
	KERALA WATER AUTHORITY,
	SEWERAGE SUB-DIVISION, KURIYATHI (S),
	THIRUVANANTHAPURAM-695 009.
11	VISHNU V,
	AGED 31 YEARS
	S/O VIJAYAN V, OPERATOR, KERALA WATER AUTHORITY, PH SECTION,
	EDATHUA, PH DIVISION, THIRUVALLA-689 573.
12	PURUSHOTHAMAN K.V,
	AGED 40 YEARS
	S/O PADMANABHA K.V, (LATE) OPERATOR,
	SUB DIVISION, KASARAGOD,
	KERALA WATER AUTHORITY, KASARAGOD.
13	JUBY PAUL CHERIAN,
	AGED 29 YEARS
	S/O N C CHERIAN (LATE), OPERATOR,
	KERALA WATER AUTHORITY, P.H. SECTION,
	CHANGANACHERRY, P.H.SUB DIVISION,
	CHANGANACHERRY, KOTTAYAM-686 101.
14	VISHNU PRATHAP NAIR P,
	AGED 34 YEARS
	S/O PEETHAMBARAN NAIR, OPERATOR,
	KERALA WATER AUTHORITY, PH SECTION,
	KOTTAYAM, PH SUB DIVISION, KOTTAYAM-686 001.

¶31

W.P.(C) No.30716/2019 & connected cases

¶32

: 4 :

¶33

15 ROY N.P, AGED 42 YEARS S/O N.C.PORINCHU, OPERATOR, KERALA WATER AUTHORITY, SUB DIVISION, WADAKKANCHERRY, PH DIVISION, THRISSUR, W.S.P SECTION, WADAKKANCHEERY-680 590.

¶34

BY ADVS. JOHNSON JOSE PANJIKKARAN RIMJU P.H.

¶35

RESPONDENTS:

¶36

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

¶37

2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001.

¶38

3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O.THIRUVANANTHAPURAM-695 004.

¶39

BY ADVS. SMT.MARY BENJEMIN SHRI.P.C.SASIDHARAN, SC, KPSC SHRI.P.BENJAMIN PAUL, SC, KWA SRI.GEORGIE JOHNY-R2 SMT.ANIMA M, GOVERNMENT PLEADER

¶40

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

W.P.(C) No.30716/2019 & connected cases

¶42

: 5 :

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶46

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 1880 OF 2021

¶47

PETITIONERS:

¶48

1 SAJU.M, AGED 33 YEARS S/O.SOMASUNDARAN, MANTHODI, KOTTAKKAL, KUTTIPPURAM P.O., MALAPPURAM-676 503.

¶49

2 FAHEEM.V. AGED 29 YEARS S/O.VEERANKOYA, PULLUTHODI HOUSE, PULIKKAL P.O., MALAPPURAM-673 637.

¶50

3 JAYESH.D.S. AGED 35 YEARS S/O.DIVAKARAN NAIR, THEKKEKOTTAYATHU VEEDU, KARUMANOOR, PARASSALA, TRIVANDRUM DISTRICT-695 502.

¶51

4 JOY.D., AGED 48 YEARS S/O.DIVAKARAN.K., KIZHAKKEBHAGAM, KALAKKODU P.O., BHOOTHAKULAM, KOLLAM DISTRICT-691 302.

¶52

5 VIPIN.A.V. AGED 38 YEARS S/O.VALSAN.A.V., APPAMVEETTIL, BALUSSERY, ERAMANGALAM, KOZHIKODE DISTRICT-673 612.

¶53

6 SARATHLAL.N.B., AGED 30 YEARS S/O.NARAYANAN, BHAVAN HOUSE, MUTTIL P.O., WAYANAD DISTRICT-673 122.

¶54

7 SURESH JACOB, AGED 33 YEARS S/O.JACOB, KANJHIRAPPALLIYIL HOUSE, KANAKKARI, KOTTAYAM DISTRICT-686 632.

¶55

8 RENY P.VARKEY, AGED 37 YEARS S/O.C.P.VARKEY, KAZKADDDATHU, PUTHEN VEEDU, GANDHI NAGAR, ALAPPUZHA DISTRICT-690 101.

¶56

W.P.(C) No.30716/2019 & connected cases : 6 :

¶57

9 AUSTHAR ALI.A.,AGED 42 YEARS S/O.ALIYARUKUNJU, SALAMATHU BHAVAN, PUTHUVAYALIL, PANTHRANDUMURI, THATTAMALA P.O., KOLLAM DISTRICT-691 020.

¶58

10 MADHU CHANDRAN.A.,AGED 41 YEARS S/O.CHANDRAN PILLAI, MINI NIVAS, SANTHI NAGAR 146, KILIKOLLOOR P.O., KOLLAM DISTRICT-691 004.

¶59

11 MUHAMMED RAZI, S/O.NAZARUDEEN, ELAVENTAYYATH HOUSE, CHANTHINAMKULAM, CHANDANATHOPPE P.O., KOLLAM DISTRICT-691 014.

¶60

12 SHAIN P.RAJ, AGED 46 YEARS S/O.K.P.RAJAN, SREENILAYAM, CHANDANTHOPPU P.O., KOLLAM DISTRICT-691 014.

¶61

13 SREEJITH.K.N., AGED 36 YEARS S/O.NARAYAN, KALAPPURATHU HOUSE, THENHIPALAM P.O., MALAPPURAM DISTRICT-673 636.

¶62

BY ADV ARUN MATHEW VADAKKAN

¶63

RESPONDENTS:

¶64

1 STATE OF KERALA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶65

2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695 001.

¶66

3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

¶67

BY ADVS. SMT.MARY BENJEMIN SRI.P.C.SASIDHARAN SRI.P.BENJAMIN PAUL SRI.GEORGIE JOHNY SMT.ANIMA M, GOVERNMENT PLEADER

¶68

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶69

W.P.(C) No.30716/2019 & connected cases

¶70

: 7 :

¶71

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶72

PRESENT

¶73

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶74

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945

¶75

WP(C) NO. 16023 OF 2021

¶76

PETITIONERS:

¶77

1 ABILASH KUMAR M., AGED 32 YEARS S/O ARAVINDHAKSHAN M, OPERATOR, KERALA WATER AUTHORITY PH SECTION , OLLUR, THRISSUR-680 306.

¶78

2 ANILRAJ B.L, AGED 32 YEARS S/O BALRAJ S, OPERATOR, KERALA WATER AUTHORITY, PH SUB DIVISION, THIRUVALLA-680 101.

¶79

3 GOURISANKAR R, AGED 32 YEARS S/O REGHUNANDHAN NAIR K.S, OPERATOR, KERALA WATER AUTHORITY,WSP SECTION, ALAPPUZHA-688 001.

¶80

BY ADVS. JOHNSON JOSE PANJIKKARAN P.H.RIMJU

¶81

RESPONDENTS:

¶82

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

¶83

2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001.

¶84

W.P.(C) No.30716/2019 & connected cases

¶85

: 8 :

¶86

3 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O.THIRUVANANTHAPURAM-695 004.

¶87

BY ADVS. MARY BENJEMIN SHRI.P.C.SASIDHARAN, SC, KPSC SHRI.P.BENJAMIN PAUL, SC, KWA GEORGIE JOHNY

¶88

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶89

W.P.(C) No.30716/2019 & connected cases

¶90

: 9 :

¶91

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶92

PRESENT

¶93

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶94

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945

¶95

WP(C) NO. 15793 OF 2022

¶96

PETITIONERS:

¶97

1 VARGHESE VIJESH, AGED 39 YEARS S/O. K.D.JOSEPH, KURIAPPILLY HOUSE, THURUTHUR, PUTHANVELIKKARA (PO), ERNAKULAM DSITRICT-683 594

¶98

2 MUHAMMED SHERIEF.T.M., AGED 44 YEARS S/O. T.P.MARAKKAR THUPPANATH HOUSE, ELOOR WEST, UDYOGAMANDAL (PO), ERNAKULAM DISTRICT-683 501

¶99

BY ADVS. K.MOHANAKANNAN

¶100

H.PRAVEEN (KOTTARAKARA)

¶101

RESPONDENTS:

¶102

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

¶103

2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001

¶104

3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695 004

¶105

BY ADVS. SMT.K.G. SAROJINI, GOVERNMENT PLEADER SRI.P.M.JOHNY-R2 SRI.P.C.SASIDHARAN-R3

¶106

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶107

W.P.(C) No.30716/2019 & connected cases

¶108

: 10 :

¶109

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶110

PRESENT

¶111

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶112

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 17097 OF 2022

¶113

PETITIONERS:

¶114

1 ABDUL KAREEM, AGED 52 YEARS S/O. MUHAMMED, KARIPURATH HOUSE, VADAPURAM, NILAMBUR, MALAPPURAM, PRESENTLY WORKING AS SURVEYOR GR.I, KERALA WATER AUTHORITY, MALAPPURAM. 2 VINOD T.P., AGED 47 YEARS S/O. PANKAJAKSHAN, THATTARIL HOUSE, SOUTH CHITTOOR, ERNAKULAM, PRESENTLY WORKING AS HEAD FITTER, KERALA WATER AUTHORITY, KADAVANTHRA, ERNAKULAM. 3 ARJUN MOHAN P.C., AGED 28 YEARS S/O. MURALI MOHAN, MOHANAM HOUSE, PALADANCHIRAKKAL, GURUVAYOORAPPAN COLLEGE, KOZHIKODE, PRESENTLY WORKING AS HOUSE ATTENDANT, KERALA WATER AUTHORITY, SARVARAM, KOZHIKODE.

¶115

BY ADV K.MOHANAKANNAN

¶116

RESPONDENTS:

¶117

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶118

2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695001.

¶119

W.P.(C) No.30716/2019 & connected cases : 11 :

¶120

3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695004.

¶121

BY ADVS. SRI.P.M.JOHNY-R2 SRI.P.C.SASIDHARAN-R3 SMT.K.G. SAROJINI, GOVERNMENT PLEADER

¶122

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶123

W.P.(C) No.30716/2019 & connected cases

¶124

: 12 :

¶125

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶126

PRESENT

¶127

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶128

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 21990 OF 2022

¶129

PETITIONER:

¶130

DEEPAK XAVEY.N., OPERATOR, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, SEWERAGE SUB DIVISION (SOUTH), KURIATHY, THIRUVANANTHAPURAM-695 009.

¶131

BY ADVS. B.RAGHUNATHAN M.SALIM DR.STANLY CHAZHOOR R.SRINATH K.JALADHARAN V.M.JACOB

¶132

RESPONDENTS:

¶133

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

¶134

2 KERALA WATER AUTHORITY , REPRESENTED BY MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, WATER AUTHORITY CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010.

¶135

3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004.

¶136

W.P.(C) No.30716/2019 & connected cases : 13 :

¶137

BY ADVS. SMT.ANIMA M, GOVERNMENT PLEADER SRI.GEORGIE JOHNY-R2 SRI.P.C.SASIDHARAN, SC, KPSC

¶138

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶139

W.P.(C) No.30716/2019 & connected cases

¶140

: 14 :

¶141

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶142

PRESENT

¶143

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶144

WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 4614 OF 2023

¶145

PETITIONERS:

¶146

1 REXIN P.S AGED 46 YEARS S/O K P SREENIVASAN(LATE), OPERATOR, KERALA WATER AUTHORITY. WS SUB DIVISION, KOLLAM., PIN - 691001

¶147

2 AJI BALAKRISHNAN AGED 43 YEARS S/O BALAKRISHNAN(LATE) OPERATOR, KERALA WATER AUTHORITY, PH SUBDIVISION, KADAKKAL., PIN - 691536

¶148

3 SUMESH K.S AGED 42 YEARS S/O SIVADASAN PILLAI.P(LATE) OPERATOR, KERALA WATER AUTHORITY, P H SECTION, CHAVARA., PIN - 691583

¶149

4 ABHILASHKUMAR.M AGED 34 YEARS S/O ARAVINDHAKSHAN.M OPERATOR. KERALA WATER AUTHORITY, WS AUGMENTATION SECTION, PALAKKAD., PIN - 678001

¶150

5 ABHILASH S AGED 31 YEARS S/O SREEDHARAN PILLAI K OPERATOR, KERALA WATER AUTHORITY, HEAD WORKS SECTION,SASTHAMCOTTA., PIN - 690521

¶151

6 JUBY PAUL CHERIAN AGED 31 YEARS OPERATOR, KERALA WATER AUTHORITY P. H SUB DIVISION, MALLAPPALLY, PIN - 689585

¶152

7 SOORAJ K.N, AGED 37 YEARS S/O NARAYANAN K V, OPERATOR, KERALA WATER AUTHORITY, PH SECTION KUMBALA, KASARAGOD, PIN - 671321

¶153

W.P.(C) No.30716/2019 & connected cases

¶154

: 15 :

¶155

8 PURUSHOTHAMAN.K.V AGED 42 YEARS S/O PADMANABHAN.K.V ( LATE ) OPERATOR, KERALA WATER AUTHORITY, PH SECTION, CHERUVATHUR., PIN - 671313

¶156

9 ROY N.P AGED 44 YEARS S/O N.C PORINCHU, OPERATOR, KERALA WATER AUTHORITY P H SECTION, GURUVAYOOR., PIN - 680101

¶157

10 JAIMON SEBASTIAN AGED 29 YEARS S/O SEBASTIAN A L OPERATOR, KERALA WATER AUTHORITY, PH SECTION OLLUR, PIN - 680306

¶158

11 AKSHAY RAJ V AGED 31 YEARS S/O M P VIJAYAKUMAR(LATE) OPERATOR, KERALA WATER AUTHORITY WATER SUPPLY SUBDIVISION, ARUVIKKARA., PIN – 695564

¶159

BY ADVS. JOHNSON JOSE PANJIKKARAN RIMJU P.H.

¶160

RESPONDENTS:

¶161

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶162

2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-, PIN - 695001

¶163

3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

¶164

4 PRAVEEN RAJ J PEN NO-G45322, DRAFTSMAN GRADE 11, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695033

¶165

W.P.(C) No.30716/2019 & connected cases

¶166

: 16 :

¶167

5 SANDEEPKUMAR N B PEN NO-G44519 DRAFTSMAN GRADE 11, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033

¶168

6 BINEETH K PEN NO-G43397 DRAFTSMAN GRADE II, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033

¶169

7 SHOJOMON FRANCIS PEN NO-G45537 DRAFTSMAN GRADE II, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN – 695033

¶170

BY ADVS. ELVIN PETER P.J. K.R.GANESH(K/000551/1991) GOURI BALAGOPAL(K/002008/2019) ABHIJITH.K.ANIRUDHAN(K/1644/2020) SREELEKSHMI A.S.(K/1313/2021)

¶171

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶172

W.P.(C) No.30716/2019 & connected cases

: 17 :

N. NAGARESH, J.

W.P.(C) No.30716 of 2019, 1860, 1880 and 16023 of 2021, 15793, 17097 and 21990 of 2022 and 4614 of 2023

¶178

Dated this the 5^th day of July, 2023

¶179

J U D G M E N T

¶180

~ ~ ~ ~ ~ ~ ~ ~ ~

¶181

The petitioners in these writ petitions are working

¶182

as Operators in the Kerala Water Authority. The writ petitions have been filed seeking to direct the State of Kerala to finalise the Draft Technical Service Rules for the Kerala Water Authority and to include the category of Operators also in PSC Notifications for recruitment to the posts of Assistant Engineers.

¶183

For convenience, the parties and exhibits are referred to in this judgment as they are arrayed and marked

¶184

W.P.(C) No.30716/2019 & connected cases : 18 :

¶185

in W.P.(C) No.30716/2019.

¶186

The petitioners state that they have been working as Operators in the Kerala Water Authority (KWA). They have B.Tech qualifications. By Ext.P1 notification dated 31.12.2012, the Kerala Public Service Commission invited applications for recruitment to the post of Assistant Engineer in the KWA. LDCs with six year experience and First and Second Grade Overseers with two years experience were made eligible to apply for the post under the 10% in-service quota. The petitioners rue that the 2^nd respondent-KWA has omitted to include the category of Operators in Ext.P1 notification along with LDCs and Overseers. The PSC examination and selections is over.

¶187

The petitioners submitted representations requesting the KWA to include the Operators like the petitioners having six years service and prescribed qualification in the zone of consideration for selection to the post of Assistant Engineers in the in-service quota. As the Draft Technical Service Rules have not been implemented by

¶188

W.P.(C) No.30716/2019 & connected cases : 19 :

¶189

the KWA so far, the petitioners are incapacitated to apply for appointment to the post of Assistant Engineers in the inservice quota.

¶190

The petitioners contend that the category of Operators are drawing salary in the same pay scale as that of the 3^rd Grade Overseers and LDCs. Therefore, when 3^rd Grade Overseers and LDCs are included in the PSC notification, the petitioners who are Operators could not have been excluded. The exclusion offends Article 14 of the Constitution of India.

¶191

There are 1726 posts of Operators in KWA. Only

¶192

345 of them would get promotion as Head Operators. Only six among them would be promoted to the post of Mechanical Superintendents. Their promotional avenues are thus limited. In the circumstances, the 1^st respondentState of Kerala is duty bound to implement the Draft Technical Service Rules. Non-consideration of Operators like the petitioners who are having sufficient educational qualification for appointment to the posts of Assistant

¶193

W.P.(C) No.30716/2019 & connected cases : 20 :

¶194

Engineers while persons from other categories are appointed as Assistant Engineers, is highly illegal and discriminatory, contend the petitioners.

¶195

The petitioners pointed out that in W.P.(C) No.10988/2017, this Court had directed the Government to take a decision on the Draft Technical Service Rules. In the judgment in W.P.(C) No.9877/2014 also, this Court had directed the State of Kerala to take steps to finalise the Rules as expeditiously as possible. The respondents have given scant regard to the judgments of this Court. In the circumstances of the case, the State of Kerala is compellable to finalise the Draft Technical Service Rules and the Public Service Commission is liable to include the category of Operators for appointment to the post of Assistant Engineer against the in-service quota vacancies, contend the petitioners.

¶196

The Kerala Public Service Commission (PSC) resisted the writ petitions. On behalf of the PSC, it is submitted that Special Rules for the Technical Staff of the

¶197

W.P.(C) No.30716/2019 & connected cases : 21 :

¶198

KWA have not been framed. Therefore, recruitment notification for the post of Assistant Engineers was published as per the Special Rules of Kerala Public Health Engineering Subordinate Service Rules (PHED). Recruitment rules are framed by the respective Departments of the Government in consultation with the Commission. Which should be the categories to be included as feeder categories for appointment/promotion to a post, is primarily for the employer to decide. The category of Pump Operator was not included as a feeder category for Assistant Engineer in the Special Rules of PHED.

¶199

The Commission further submitted that Draft Special Rules for Engineering Technical Staff of KWA was received by the Commission on 03.12.2010 from the Water Resources Department. The Commission tendered its advice on 11.05.2011. The State Government did not give its nod for finalisation of the recruitment rules. Subsequently, a modified Draft Service Rules for the Engineering Technical Staff has been forwarded to the Commission. The

¶200

W.P.(C) No.30716/2019 & connected cases : 22 :

¶201

Commission is examining the Draft Rules and advice would be tendered without delay.

¶202

The Kerala Water Authority filed counter affidavit in W.P.(C) No.1860/2021. On behalf of the KWA, it is submitted that the sanctioned strength of Assistant Engineers in KWA is 404. Out of the total sanctioned strength, 242 posts are reserved for Degree holders, 122 posts for Diploma holders and 40 posts for Certificate holders. 10% of Degree quota is reserved for in-service recruitment. Persons qualified for the 10% Degree quota are appointed from a rank list published, after test and interview.

¶203

The KWA is following the Kerala Water Authority Engineering Service Rules, 2021 and the Rules do not provide provision for an Operator to be appointed or promoted to the post of Assistant Engineer. The Draft of KWA Technical Service Rules, 2019 is in discussion at various stages. Based on the directives from the Government, the Draft was revised and resubmitted on 20.12.2021. There is no violation of any fundamental right or

¶204

W.P.(C) No.30716/2019 & connected cases : 23 :

¶205

statutory right of the petitioners. The claim of the petitioners is unsustainable. The writ petitions are therefore liable to be dismissed.

¶206

I have heard the learned counsel for the petitioners, the learned Government Pleader representing State of Kerala and the learned counsel appearing for the Kerala Water Authority and the Kerala Public Service Commission.

¶207

The petitioners state that they are working as Operators and have more than six years experience. LDCs and Overseers with similar qualifications are made eligible and are included as feeder categories for appointment as Assistant Engineers against 10% in-service quota vacancies. According to the petitioners, going by the qualifications possessed and nature of duties discharged by the Operators, they are also suitable to discharge the duties of Assistant Engineers like the LDCs and Overseers who are included in feeder category.

¶208

The petitioners would submit that promotional

¶209

W.P.(C) No.30716/2019 & connected cases : 24 :

¶210

avenues available to Operators are limited, unlike in the case of LDCs and Overseers. Taking into consideration the requirements of the establishment, the KWA had proposed promulgation of Technical Service Special Rules. The Government is sitting over the proposal in spite of the directions given by this Court in W.P.(C) Nos.9877 of 2014 and 10988 of 2017, contend the petitioners.

¶211

It is seen from the pleadings that as there were no

¶212

Special Rules for recruitment to the post of Assistant Engineer, the KWA has been following the PHED Rules for direct recruitment of in-service employees to the cadre of Assistant Engineers. The relevant rule is as follows:

¶213

Method of Appointment-Draftsman Grade-I and II, Water Works Inspector, Drainage Inspector, Overseer Grade-I and II, Works Superintendent Grade-I and II cadres having two years of service, Clerks having minimum 6 years of service, Overseer Grade-III having minimum 3 years of service in Kerala Water Authority can apply for direct recruitment to the post of Assistant Engineer.

¶214

Under the PHED Rules, only Draftsman Grade-I

¶215

and II, Water Works Inspectors, Drainage Inspectors,

¶216

W.P.(C) No.30716/2019 & connected cases : 25 :

¶217

Overseers Grade-I, II and III, Works Superintendents Grade-I and II and Clerks having certain minimum periods of service were made eligible for direct recruitment as Assistant Engineers against the 10% in-service quota. The petitioners, who are Operators having B.Tech qualification, are not included in the feeder categories.

¶218

Proposals have been pending for inclusion of Operators also in the feeder categories, since the year 2010. Draft Technical Service special Rules for Engineering Technical Staff were sent by the then Water Resources Department to the PSC in December, 2010. The PSC tendered their advice on 11.05.2011. However, the Government did not pass final order in this regard.

¶219

Later, a modified Draft Service Rules for the Engineering/Technical Staff were forwarded to the Commission which contemplated inclusion of Operators also in the feeder categories. Thereafter, taking into consideration the judgment dated 23.12.2022 of this Court in W.P.(C) Nos.36752 and 36809 of 2022, the KWA promulgated the

¶220

W.P.(C) No.30716/2019 & connected cases : 26 :

¶221

Kerala Water Authority Technical Service Rules as per Extra Ordinary Gazette No.358 dated 30.01.2023 and published GO(P) No.1/2023/WRD dated 27.01.2023.

¶222

As per the Kerala Water Authority Technical Service Rules, the Operators like the petitioners seeking direct recruitment to the in-service quota vacancies of Assistant Engineers can apply and aspire for appointment upto the attainment of 50 years of age. In view of the promulgation of the Kerala Water Authority Technical Service Rules, the substantial prayer of the petitioners in the writ petitions is met.

¶223

What remains is the prayers of the petitioners to include the Operators also in the PSC Notifications published. The PSC Notification for recruitment to in-service quota was prior to the promulgation of the Kerala Water Authority Technical Service Rules on 30.01.2023. The petitioners cannot legally aspire for including their posts in PSC Notification without amending the Recruitment Rules. The Hon’ble Apex Court, considered the issue of inclusion of

¶224

W.P.(C) No.30716/2019 & connected cases : 27 :

¶225

categories/posts for appointments in the absence of enabling recruitment rules. The Apex Court, overruling the judgment in Y.V. Rangaiah v. Sreenivasa Rao [(1983) 3 SCC 284] , held in the judgment in State of Himachal Pradesh and others v. Raj Kumar and others [2022 SCC Online 680] that there is no right for the employee outside the rule governing the service. When the subsequent Rules come and there is no provision in the said Rules to enable any employee to be considered as per old Rules, the matter must end there. A Division Bench of this Court followed the said judgment in Mehaboob P.M. v. State of Kerala [2022 (4) KLT 653]. The law is therefore clear that the rights and obligations of the persons serving the Union and the States are to be sourced from the Rules governing their service. As the petitioners were not eligible for appointment as Assistant Engineers till 30.01.2023, the PSC cannot be directed to consider the candidature of the petitioners in any selection process conducted prior to 30.01.2023.

¶226

For all the afore reasons, the KWA or PSC cannot

¶227

W.P.(C) No.30716/2019 & connected cases : 28 :

¶228

be directed to consider the petitioners for appointment to the in-service quota vacancies of Assistant Engineers against the vacancies notified by the PSC prior to the promulgation of

¶229

the Kerala Water Authority Technical Service Rules.

¶230

The writ petitions are therefore dismissed as

¶231

infructuous.

¶232

Sd/-

¶233

N. NAGARESH, JUDGE

¶234

aks/03.07.2023

¶235

W.P.(C) No.30716/2019 & connected cases

¶236

: 29 :

¶237

APPENDIX OF WP(C) 30716/2019

¶238

PETITIONER'S EXHIBITS

¶239

EXHIBIT P1	TRUE COPY	OF THE	NOTIFICATION ISSUED
	BY THE 2ND	RESPON	DENT DATED 31.12.2012
EXHIBIT P2	TRUE COPY	OF	THE REPRESENTATION
	SUBMITTED 27.09.2019	BY THE BEFORE	1ST PETITIONER DATED THE 2ND RESPONDENT
EXHIBIT P3	TRUE COPY	OF	THE REPRESENTATION
	SUBMITTED 26.09.2019	BY THE BEFORE	2ND PETITIONER DATED THE 2ND RESPONDENT
EXHIBIT P4	TRUE COPY ASSISTANT	OF THE EXECUT	PROCEEDINGS OF THE IVE ENGINEER, KERALA
	WATER AUTH	ORITY	NO.A1-665/2005 VOL 2
	DATED 14.1	0.2019	TO THE 1ST PETITIONER
EXHIBIT P5	TRUE COPY	OF TH	E PROCEEDING NO.A2-
	104/2007 D	ATED 16	.10.2019 WAS TAKEN BY
	THE ASSIST THE 2ND PE	ANT EX TITIONE	ECUTIVE ENGINEER TO R
EXHIBIT P6	TRUE COPY	OF	THE JUDGMENT DATED
	23.10.2018	IN WP(	C)NO.9877/2014
EXHIBIT P7	TRUE COPY	OF	THE JUDGMENT AND
	29.10.2018	IN WP(	C)NO.10988/2017
EXHIBIT P8	TRUE COPY	OF THE	DRAFT SPECIAL RULES

¶240

W.P.(C) No.30716/2019 & connected cases

¶241

: 30 :

¶242

APPENDIX OF WP(C) 1860/2021

¶243

PETITIONER'S EXHIBITS

¶244

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 651/2012 DATED 31.12.2012 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE ADDENDUM NOTIFICATION BEARING NO LR 1(2) 1074/2011/LW DATED 19.3.2014 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE RANK LIST FOR CATEGORY NO 651/2012 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 650/2012 DATED 31.12.2012 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 12.1.2021 EXHIBIT P6 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 238/2010 DATED 31.8.2010 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 481/2020 DATED 31.12.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTIONS OF KERALA WATER AUTHORITY TECHNICAL RULES, 2019 EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO 9877/2014 EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC 10988/2017 EXHIBIT P11 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 083/2019 7 084/2019 DATED 27.7.2019 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE POST OF ASSISTANT ENGINEER POST IN IRRIGATION DEPARTMENT Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 01-11-2021 SUBMITTED BY KWASA-INTUC TO 2ND RESPONDENT. Exhibit P13 TRUE COPY OF THE REPLY GIVEN BY THE HONOURABLE MINISTER(DEPARTMENT OF

¶245

W.P.(C) No.30716/2019 & connected cases

¶246

: 31 :

¶247

	WATER RESO ASSEMBLY DA	URCES) TED 29	IN KERALA LEGIS .10.2021	LATIVE
Exhibit P14	TRUE COPY NO.14327/E4 RESPONDENT 8.11.2021	OF (A)/20 TO THE	THE LETTER B 14ISSUED BY TH 3RD RESPONDENT	EARING E 2ND DATED
Exhibit P15	TRUE COPY NO.LR1-2/50 3RD RESPOND	OF 007/20 ENT DA	THE LETTER B 18-KPSC ISSUED TED 10.12.2021	EARING BY THE
Exhibit P16	TRUE COPY 25.05.2021	OF IN WPC	THE JUDGMENT 9844 OF 2021	DATED
Exhibit P17	TRUE COPY CATEGORY N ISSUED BY T	OF THE O. 138/ HE 3RD	NOTIFICATION B 2022 DATED 04/0 RESPONDENT	EARING 5/2022
Exhibit P18	TRUE COPY 09/05/2022 3RD RESPOND	OF THE SUBMIT ENT	REPRESENTATION TED BY KWAEU-CI	DATED TU TO
Exhibit P19	TRUE COPY 06/05/2022 2ND RESPOND	OF THE SUBMIT ENT	REPRESENTATION TED BY KWAEU-CI	DATED TU TO
Exhibit P20	TRUE COPY 05/05/2022 2ND RESPOND	OF THE SUBMIT ENT	REPRESENTATION TED BY KWASA-IN	DATED TUC TO
Exhibit P21	TRUE COPY PETITION 31/12/2012	OF TH NO.	E JUDGMENT IN 19058/2012	WRIT DATED

¶248

RESPONDENT'S EXHIBITS

¶249

Exhibit R2(a)	A TRUE COPY OF	KERALA PUBLIC	HEALTH
	ENGINEERING S	UBORDINATE SE	RVICE-
	SPECIAL RULES V	IDE GO(P)NO.403	DATED
	14/10/1966
Exhibit R2(b)	TRUE COPY OF	THE DRAFT TEC	HNICAL
	SPECIAL RULES	SUBMITTED BY	THE
	RESPONDENT ON 20	/12/2021

¶250

W.P.(C) No.30716/2019 & connected cases

¶251

: 32 :

¶252

APPENDIX OF WP(C) 1880/2021

¶253

PETITIONER'S EXHIBITS

¶254

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT WITH CATEGORY NUMBER 481/2020 DATED 31.12.2020. EXHIBIT P2 A TRUE PHOTOCOPY OF THE NOTIFICATION ISSUED BY 2ND RESPONDENT DATED 31.12.2012. EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 12.01.2021 BY THE PETITIONERS AND OTHERS. EXHIBIT P4 A TRUE PHOTOCOPY OF THE DRAFT TECHNICAL SERVICE RULES. EXHIBIT P5 A TRUE PHOTOCOPY OF THE NOTIFICATION ISSUED BY 3RD RESPONDENT AS CATEGORY NO.84/19 DATED 27.07.2019.

¶255

RESPONDENT'S EXHIBITS

¶256

Exhibit R2(A) A TRUE COPY OF KERALA PUBLIC HEALTH ENGINEERING SUBORDINATE SERVICESPECIAL RULES VIDE GO(P) NO.403 DATED 14/10/1966 Exhibit R2(B) TRUE COPY OF THE DRAFT TECHNICAL SPECIAL RULES SUBMITTED BY THE RESPONDENT ON 20/12/2021

¶257

W.P.(C) No.30716/2019 & connected cases

¶258

: 33 :

¶259

APPENDIX OF WP(C) 16023/2021

¶260

PETITIONER'S EXHIBITS

¶261

Exhibit P1	TRUE COPY CATEGORY ISSUED BY	OF THE NO 651/2 THE 3RD	NOTIFICATION BEARING 012 DATED 31.12.2012 RESPONDENT
Exhibit P2	TRUE COPY BEARING N 19.3.2014	OF THE O LR 192 ISSUED	ADDENDUM NOTIFICATION 0 1074/2011/LW DATED BY THE 3RD RESPONDENT
Exhibit P3	TRUE COP CATEGORY N RESPONDENT	Y OF O 651/2	THE RANK LIST FOR 012 ISSUED BY THE 3RD
Exhibit P4	TRUE COPY CATEGORY ISSUED BY	OF THE NO 650/2 THE 3RD	NOTIFICATION BEARING 012 DATED 31.12.2012 RESPONDENT
Exhibit P5	TRUE COP	Y OF	THE REPRESENTATIONS
	SUBMITTED 12.1.2021	BY TH	E PETITIONERS DATED
Exhibit P6	TRUE COPY CATEGORY ISSUED BY	OF THE NO 238/ THE 3RD	NOTIFICATION BEARING 2010 DATED 31.8.2010 RESPONDENT
Exhibit P7	TRUE COPY CATEGORY ISSUED BY	OF THE NO M481/ THE 3RD	NOTIFICATION BEARING 2020 DATED 31.1.2021 RESPONDENT
Exhibit P8	TRUE COPY KERALA W SERVICE RU	OF THE ATER LES 201	RELEVANT PORTIONS OF AUTHORITY TECHNICAL 9.
Exhibit P9	TRUE COPY 9877/2014	OF THE	JUDGMENT IN WPC NO
Exhibit P10	TRUE COPY 10988/2017	OF T	HE JUDGMENT IN WPC
Exhibit P11	TRUE COPY CATEGORY 29.8.2019 WITH RESPE ENGINEER P	OF THE NO 083/2 ISSUED CT TO T OST IN	NOTIFICATION BEARING 019 & 084/2019 DATED BY THE 3RD RESPONDENT HE POST OF ASSISTANT IRRIGATION DEPARTMENT

¶262

W.P.(C) No.30716/2019 & connected cases

¶263

: 34 :

¶264

APPENDIX OF WP(C) 15793/2022

¶265

PETITIONER'S EXHIBITS

¶266

Exhibit P1	NOTIFICATION DATE BY THE 2ND RESPOND	D 31.12.2012 ISSUED ENT
Exhibit P2	TRUE COPY OF	THE REPRESENTATION
	SUBMITTED BY THE 27.9.2019	1ST PETITIONER DATED
Exhibit P3	TRUE COPY OF	THE REPRESENTATION
	SUBMITTED BY THE 26.9.2019	2ND PETITIONER DATED
Exhibit P4	TRUE COPY OF THE ASSISTANT EXECUTI WATER AUTHORITY DATED 14.10.2019 T	PROCEEDINGS OF THE VE ENGINEER, KERALA NO.AL-665/2005 VOL.2 O THE 1ST PETITIONER
Exhibit P5	TRUE COPY OF THE 104/2007 DATED 16. THE ASSISTANT EX THE 2ND PETITIONER	PROCEEDINGS NO.A2- 10.2019 WAS TAKEN BY ECUTIVE ENGINEER TO
Exhibit P6	TRUE COPY OF THE THIS HON'BLE COURT WPC 9877/2014	JUDGMENT PASSED BY DATED 23.10.2018 IN
Exhibit P7	TRUE COPY OF THE THIS HON'BLE COURT WPC 10988/2017	JUDGMENT PASSED BY DATED 29.10.2018 IN
Exhibit P8	TRUE COPY OF THE DRAFT SPECIAL RU IMPLEMENTED	RELEVANT PAGE OF THE LES WHICH IS TO BE
Exhibit P9	TRUE COPY OF NO.138/2022 DATED	THE NOTIFICATION 4.5.2022

¶267

W.P.(C) No.30716/2019 & connected cases

¶268

: 35 :

¶269

APPENDIX OF WP(C) 17097/2022

¶270

PETITIONER'S EXHIBITS

¶271

Exhibit P1	TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23/10/2019 WPC NO. 9877/2014.
Exhibit P2	TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 29/10/2018 IN WPC NO.10988/2017.
Exhibit P3	TRUE COPY OF THE JUDGMENT IN WRIT PETITION (C) 9844/2021 DATED 25/05/2021.
Exhibit P4	TRUE COPY OF THE LETTER NO. 14980/E1/2020/KWA OF THE 2ND
	RESPONDENT DATED 20/12/2021 WITH THE
	DRAFT RULES VI-3, KERALA WATER AUTHORITY ENGINEERING SERVICE RULES, 2021.
Exhibit P5	TRUE COPY OF THE JUDGMENT IN WPC 19058/2012 DATED 31/12/2012.
Exhibit P6	TRUE COPY OF THE NOTIFICATION NO.138/2022 DATED 04/05/2022 PUBLISHED BY THE PSC.
Exhibit P7	TRUE COPY OF THE JUDGMENT IN WA 937/2022 DATED 16/8/2022
Exhibit P8	TRUE COPY OF THE INFORMATION DOWNLOADED FROM THE SITE OF THE KERALA PUBLIC SERVICE COMMISSION
Exhibit P9	TRUE COPY OF THE LETTER SENT BY THE GOVERNMENT TO THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY DATED 16/5/2022
Exhibit P10	TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGING DIRECTOR OF THE WATER
	AUTHORITY TO THE GOVERNMENT DATED 28/5/2022

¶272

W.P.(C) No.30716/2019 & connected cases

¶273

: 36 :

¶274

APPENDIX OF WP(C) 21990/2022

¶275

PETITIONER'S EXHIBITS

¶276

Exhibit P1	TRUE COPY OF THE	NOTIFICATION IN	THE
	GAZETTE DATED	4.5.2022 (CATE	GORY
	NO.137/2022) ISSU DATED 23.2.2015.	ED BY 3RD RESPON	DENT
Exhibit P2	TRUE COPY OF THE	NOTIFICATION IN	THE
	GAZETTE DATED NO.138/2022) ISSUE	4.5.2022 (CATE D BY 3RD RESPONDE	GORY NT.
Exhibit P3	TRUE COPY OF THE	APPLICATION DET	AILS
	DATED 20.5.202 PETITIONER TO 3RD	2 SUBMITTED RESPONDENT.	BY
Exhibit P4	TRUE COPY NO.14980/E1/2020/K ALONG WITH THE D PORTION).	OF LE WA DATED 20.12. RAFT RULES (RELE	TTER 2021 VANT
Exhibit P5	TRUE COPY NO.12704/E1/2022/K	OF LE WA DATED 28.5.	TTER 2022
	OF 2ND RESPONDEN RESPONDENT.	T ADDRESSED TO	1ST
Exhibit P6	TRUE COPY OF	INTERIM ORDER	IN
	WP(C)NO.1860 OF CASES DATED 7.6.2 COURT.	2021 AND CONNE 022 OF THIS HON	CTED 'BLE

¶277

W.P.(C) No.30716/2019 & connected cases

¶278

: 37 :

¶279

APPENDIX OF WP(C) 4614/2023

¶280

PETITIONER'S EXHIBITS

¶281

Exhibit P1	TRUE COPY G.O(P) NO. WITH THE	OF THE NOTIFICATION BEARING 1/2023/WRD DATED 27-1-2023 KERALA WATER AUTHORITY
	TECHNICAL	SERVICE RULES, 2023
Exhibit P2	TRUE COP	Y OF THE NOTIFICATION
	NO.138/202 BY THE PSC	2 DATED 4-5-2022 PUBLISHED
Exhibit P3	TRUE COPY IN WRIT CONNECTED	OF THE INTERIM ORDER PASSED PETITION NO.1860/2021 AND CASES DATED 7-6-2022
Exhibit P4	TRUE COPY 1009/2022 16-8- 2022	OF THE JUDGMENT IN WA AND CONNECTED CASES DATED
Exhibit P5	TRUE COPY NIL ALONG 3-2022	OF THE REPRESENTATION DATED WITH ACKNOWLEDGMENT DATED 8-
Exhibit P6	TRUE COPY	OF THE COMMUNICATION SENT BY
	THE 1ST RESPONDENT	RESPONDENT TO THE 2ND DATED 16-5-2022
Exhibit P7	TRUE COPY THE 2ND RESPONDENT	OF THE REPORT FORWARDED BY RESPONDENT TO THE 1ST DATED 28-5-2022
Exhibit P8	TRUE COPY FILE MOVEM WITH FILE	OF THE RELEVANT PAGES OF ENT OF KERALA SECRETARIAT NO. WS.C2/73/2022-WRD
Exhibit P9	TRUE COPY 14-10-2022 NO.1860/20	OF THE INTERIM ORDER DATED IN WRIT PETITION 21 AND CONNECTED CASES
Exhibit P10	TRUE COPY DATED 7-11	OF GO(RT)NO.990/2022/WRDD -2022
Exhibit P11	TRUE COPY 23.12.2022	OF THE JUDGMENT DATED IN W.P.C 36752 OF 2022
Exhibit P12	TRUE COPY ISSUED BY	OF THE ORDER DATED 13.3.2023 1ST RESPONDENT
Exhibit P13	TRUE COPY IN CONTEMP	OF THE ORDER DATED 15.3.2023 T CASEÂ© NO. 317 OF 2023
Exhibit P14	TRUE COPY PETITIONER	OF QUERY ASKED BY 4TH DATED 1.2.2023 AND THE

¶282

W.P.(C) No.30716/2019 & connected cases : 38 :

¶283

REPLY ISSUED BY 3RD RESPONDENT DATED 9.2.2023

¶284

Exhibit P15 TRUE COPY OF THE SHORT LIST DATED 22.3.2023 ISSUED BY 3RD RESPONDENT

¶285

RESPONDENT'S EXHIBITS

¶286

EXHIBIT R5(a) True copy of the relevant extract of the Kerala Public Health Engineering Subordinate Service Rules, 1966.

¶287

EXHIBIT R5(b) True copy of the relevant extract of the Kerala Public Health Engineering Service Rules, 1960.

Rexin P.S. v. State of Kerala

Case brief

What is this about?

What the court decided

Rexin P.S. v. State of Kerala

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kumaran, Vs State of Kerala

R Sumathi Vs Binu Francis

Mini U., Vs Union of India

Saralan.B Vs Lt Gen Rajeev Chaudhary, Dgbr

Saju.M, Vs State of Kerala

Samuel Varghese Vs Vishnu Raj. P. IAS