Operators of Kerala Water Authority sought inclusion as a feeder category for Assistant Engineer recruitment. The court dismissed the petitions as infructuous upon the promulgation of the Kerala Water Authority Technical Service Rules, 2023, which now permit such consideration, but refused to give retrospective effect.
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 MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
WP(C) NO. 30716 OF 2019
PETITIONERS:
BY ADVS. K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENTS:
BY ADVS.
SRI.P.C.SASIDHARAN (SC)-R3 SRI.P.M.JOHNY (SC)-R2 SMT.ANIMA M, GOVERNMENT PLEADER
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:
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: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 1860 OF 2021
PETITIONERS:
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.
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| 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. |
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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.
BY ADVS. JOHNSON JOSE PANJIKKARAN RIMJU P.H.
RESPONDENTS:
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
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:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 1880 OF 2021
PETITIONERS:
1 SAJU.M, AGED 33 YEARS S/O.SOMASUNDARAN, MANTHODI, KOTTAKKAL, KUTTIPPURAM P.O., MALAPPURAM-676 503.
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BY ADV ARUN MATHEW VADAKKAN
RESPONDENTS:
BY ADVS. SMT.MARY BENJEMIN SRI.P.C.SASIDHARAN SRI.P.BENJAMIN PAUL SRI.GEORGIE JOHNY SMT.ANIMA M, GOVERNMENT PLEADER
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:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
WP(C) NO. 16023 OF 2021
PETITIONERS:
1 ABILASH KUMAR M., AGED 32 YEARS S/O ARAVINDHAKSHAN M, OPERATOR, KERALA WATER AUTHORITY PH SECTION , OLLUR, THRISSUR-680 306.
2 ANILRAJ B.L, AGED 32 YEARS S/O BALRAJ S, OPERATOR, KERALA WATER AUTHORITY, PH SUB DIVISION, THIRUVALLA-680 101.
3 GOURISANKAR R, AGED 32 YEARS S/O REGHUNANDHAN NAIR K.S, OPERATOR, KERALA WATER AUTHORITY,WSP SECTION, ALAPPUZHA-688 001.
BY ADVS. JOHNSON JOSE PANJIKKARAN P.H.RIMJU
RESPONDENTS:
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3 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O.THIRUVANANTHAPURAM-695 004.
BY ADVS. MARY BENJEMIN SHRI.P.C.SASIDHARAN, SC, KPSC SHRI.P.BENJAMIN PAUL, SC, KWA GEORGIE JOHNY
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:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
WP(C) NO. 15793 OF 2022
PETITIONERS:
BY ADVS. K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
BY ADVS. SMT.K.G. SAROJINI, GOVERNMENT PLEADER SRI.P.M.JOHNY-R2 SRI.P.C.SASIDHARAN-R3
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:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 17097 OF 2022
PETITIONERS:
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.
BY ADV K.MOHANAKANNAN
RESPONDENTS:
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3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695004.
BY ADVS. SRI.P.M.JOHNY-R2 SRI.P.C.SASIDHARAN-R3 SMT.K.G. SAROJINI, GOVERNMENT PLEADER
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:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 21990 OF 2022
PETITIONER:
DEEPAK XAVEY.N., OPERATOR, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, SEWERAGE SUB DIVISION (SOUTH), KURIATHY, THIRUVANANTHAPURAM-695 009.
BY ADVS. B.RAGHUNATHAN M.SALIM DR.STANLY CHAZHOOR R.SRINATH K.JALADHARAN V.M.JACOB
RESPONDENTS:
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BY ADVS. SMT.ANIMA M, GOVERNMENT PLEADER SRI.GEORGIE JOHNY-R2 SRI.P.C.SASIDHARAN, SC, KPSC
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:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 4614 OF 2023
PETITIONERS:
1 REXIN P.S AGED 46 YEARS S/O K P SREENIVASAN(LATE), OPERATOR, KERALA WATER AUTHORITY. WS SUB DIVISION, KOLLAM., PIN - 691001
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8 PURUSHOTHAMAN.K.V AGED 42 YEARS S/O PADMANABHAN.K.V ( LATE ) OPERATOR, KERALA WATER AUTHORITY, PH SECTION, CHERUVATHUR., PIN - 671313
BY ADVS. JOHNSON JOSE PANJIKKARAN RIMJU P.H.
RESPONDENTS:
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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)
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:
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CR
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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
Dated this the 5th day of July, 2023
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioners in these writ petitions are working
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.
W.P.(C) No.30716/2019 & connected cases : 18 :
in W.P.(C) No.30716/2019.
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the KWA so far, the petitioners are incapacitated to apply for appointment to the post of Assistant Engineers in the inservice quota.
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 1st 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
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Engineers while persons from other categories are appointed as Assistant Engineers, is highly illegal and discriminatory, contend the petitioners.
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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.
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Commission is examining the Draft Rules and advice would be tendered without delay.
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statutory right of the petitioners. The claim of the petitioners is unsustainable. The writ petitions are therefore liable to be dismissed.
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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.
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:
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.
and II, Water Works Inspectors, Drainage Inspectors,
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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.
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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.
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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.
W.P.(C) No.30716/2019 & connected cases : 28 :
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
the Kerala Water Authority Technical Service Rules.
The writ petitions are therefore dismissed as
infructuous.
Sd/-
N. NAGARESH, JUDGE
aks/03.07.2023
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APPENDIX OF WP(C) 30716/2019
PETITIONER'S EXHIBITS
| 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 |
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APPENDIX OF WP(C) 1860/2021
PETITIONER'S EXHIBITS
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
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| 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 |
RESPONDENT'S EXHIBITS
| 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 |
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APPENDIX OF WP(C) 1880/2021
PETITIONER'S EXHIBITS
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.
RESPONDENT'S EXHIBITS
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
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APPENDIX OF WP(C) 16023/2021
PETITIONER'S EXHIBITS
| 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 |
W.P.(C) No.30716/2019 & connected cases
: 34 :
APPENDIX OF WP(C) 15793/2022
PETITIONER'S EXHIBITS
| 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 |
W.P.(C) No.30716/2019 & connected cases
: 35 :
APPENDIX OF WP(C) 17097/2022
PETITIONER'S EXHIBITS
| 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 |
W.P.(C) No.30716/2019 & connected cases
: 36 :
APPENDIX OF WP(C) 21990/2022
PETITIONER'S EXHIBITS
| 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 |
W.P.(C) No.30716/2019 & connected cases
: 37 :
APPENDIX OF WP(C) 4614/2023
PETITIONER'S EXHIBITS
| 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 CASE© NO. 317 OF 2023 |
| Exhibit P14 | TRUE COPY PETITIONER |
OF QUERY ASKED BY 4TH DATED 1.2.2023 AND THE |
W.P.(C) No.30716/2019 & connected cases : 38 :
REPLY ISSUED BY 3RD RESPONDENT DATED 9.2.2023
Exhibit P15 TRUE COPY OF THE SHORT LIST DATED 22.3.2023 ISSUED BY 3RD RESPONDENT
RESPONDENT'S EXHIBITS
EXHIBIT R5(a) True copy of the relevant extract of the Kerala Public Health Engineering Subordinate Service Rules, 1966.
EXHIBIT R5(b) True copy of the relevant extract of the Kerala Public Health Engineering Service Rules, 1960.
2 issues framed by the court
Whether Operators of Kerala Water Authority with B.Tech qualification are entitled to be included as a feeder category for in-service recruitment to the post of Assistant Engineer.
Whether the court can direct the Public Service Commission to include Operators in notifications issued prior to the promulgation of the Kerala Water Authority Technical Service Rules, 2023.
Colour shows how this judgement treated each authority
Y.V. Rangaiah v. Sreenivasa RaoOverruled
Y.V. Rangaiah v. Sreenivasa Rao [(1983) 3 SCC 284] · Who else cites this
State of Himachal Pradesh and others v. Raj Kumar and othersFollowed
State of Himachal Pradesh and others v. Raj Kumar and others [2022 SCC Online 680] · Who else cites this
Mehaboob P.M. v. State of KeralaFollowed
Mehaboob P.M. v. State of Kerala [2022 (4) KLT 653]
1 provisions across 1 enactments
Varghese Vijesh
Muhammed Sherief T.M
Rexin P.S.
Ansar S
State of Kerala
Kerala Water Authority
N.Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
