IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22088 of 2008(D)
1. G.PAPPACHAN, OPERATOR (HG), KWA,
... Petitioner
2. N.SATHEESAN,
3. K.PRASAD, USHA MANDIRAM, NETTAYAM,
Vs
1. STATE OF KERALA, REP. BY THE SECRETARY
... Respondent
2. KERALA WATER AUTHORITY, REP. BY ITS
For Petitioner :SRI.M.R.GOPALAKRISHNAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :23/07/2008
O R D E R
V.GIRI, J
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W.P.(C).22088/2008
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Dated this the 23rd day of July, 2008
JUDGMENT
The petitioners were initially appointed as CLR
Operators and they were brought into the NMR category
on 1.4.1984. The first and second petitioners are still in
service and the third petitioner retired from service on
30.11.2007. The petitioners point out that the petitioners
and similarly placed persons were brought into regular
establishment service pursuant to a decision taken by the
Government in 1983 that all the NMR employees of the
erstwhile Public Health Engineering Department should
be brought into regular establishment, when they
complete five years of NMR service. The petitioners
submit that several other NMR workers were brought into
regular establishment on completion of five years of
service, exempting them from technical and general
qualifications and age limit and their pay was also fixed
notionally, without arrears. Apparently, the petitioners
are not given the benefit of the said decision. They point
out that similarly situated persons had approached this
W.P.(C).22088/2008
2
Court and their claim was directed to be considered
under Exts.P3 and P4 judgments. Petitioners claim that
they are similarly situated.
2. I heard learned counsel for the petitioners and the
learned Government Pleader as also the learned
Standing Counsel for the Water Authority.
3. In the result, writ petition is disposed of directing
the petitioners to approach the first respondent with
their claim, as mentioned above. If they file such a
representation within one month from the date of
receipt of a copy of this judgment, first respondent shall,
after hearing the petitioners, take a decision on the
claim made by the petitioners for absorption into
regular service with effect from the date on which they
complete five years as NMR operators. A decision shall
be taken within three months from the date of receipt of
a copy of this judgment.
W.P.(C).22088/2008
3
Petitioners shall produce a copy of this judgment,
along with a copy of the writ petition before the first
respondent, for compliance.
V.GIRI,
Judge
mrcs