High Court Kerala High Court

M.K.Mohanan vs State Of Kerala Represented By The on 30 March, 2009

Kerala High Court
M.K.Mohanan vs State Of Kerala Represented By The on 30 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29829 of 2008(A)


1. M.K.MOHANAN, SLR WORKER, PWD ROADS
                      ...  Petitioner
2. KUNJAN KUMARAN, SLR WORKER, PWD ROADS
3. T.D.MANI, SLR WORKER, PWD ROADS SECTION,
4. K.K.KRISHNANKUTTY, SLR WORKER, PWD ROADS

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE CHIEF ENGINEER (ADMINISTRATION),

3. THE ASSISTANT ENGINEER, PWD ROADS

                For Petitioner  :SRI.ABRAHAM VAKKANAL (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice V.GIRI

 Dated :30/03/2009

 O R D E R
                               V.GIRI
                 ----------------------------------------
                     W.P.(C)No.29829 of 2008
                 -----------------------------------------
              Dated this the 30th day of March, 2009.

                            JUDGMENT

The petitioners are working as SLR workers in the

Public Works Department, Roads Section. According to

them, they had entered service as CLR workers in the Office

of the Executive Engineer, Malampuzha Roads Division on

6.3.1982, 1.12.198-, 1.7.1982 and 1.11.1982 respectively.

Government by its order Ext.P1 dated 17.9.1985 laid down

guidelines with regard to the absorption of CLR/SLR

accepting the recommendation of the committee constituted

in that regard as per Government order dated 30.08.1980

and considered the case of the SLR/CLR workers.

Subsequently by Ext.P2 order dated 21.10.2000, petitioners 1

to 3 were absorbed as SLR workers. A perusal of Ext.P2

order will show that none of the petitioners had the requisite

service to be absorbed as SLR workers, in terms of the

Government order dated 20.1.1998. Nevertheless, they

were absorbed as CLR workers. Subsequently, the

government issued G.O.(MS)No.24/207 dated 19.3.2007 to

W.P.(C)No.29829 of 2008

:: 2 ::

extend all statutory benefits available to Class IV

Government employees to the SLR workers also. Thereupon,

the SLR workers prayed that such workers must be given

pensionary benefits on a par with the regular employees.

They filed Ext.P7 representation in this regard before the

Government. Pursuant to Ext.P9 judgment, the Government

considered their claim and rejected it as per Ext.P10.

Ext.P10 is now challenged in this writ petition.

2. A detailed counter affidavit has been filed by

the Government supporting Ext.P10.

3. The petitioners as SLR workers cannot either

claim regularization or pensionary or other service benefits

on a par with regular government employees. The petitioners

have been absorbed in SLR service pursuant to an order

issued in 1980. They cannot, as of right, claim parity in the

matter of other service benefits with the regular employees.

It is up to the Government, if they feel it appropriate and

necessary, to confer any other benefit on SLR workers.

W.P.(C)No.29829 of 2008

:: 3 ::

The writ petition is dismissed, subject to the above

observation. I make it clear that the judgment will not stand

in the way of the petitioners, claiming any other benefits and

moving the Government in that regard.

Sd/-

(V.GIRI)
JUDGE

sk/-

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