K.M.Meeran v. Kerala Water Authority
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 4346 of 2009 (P) --------------------------- PETITIONER(S):
-------------------------- K.M.MEERAN PUBLIC HEALTH SUB DIVISION, KERALA WATER AUTHORITY KOTHAMANGALAM.
BY ADVS.SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S):
----------------------------
1. KERALA WATER AUTHORITY MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM THIRUVANANTHAPURAM.
2. THE CHIEF ENGINEER,(SOUTHERN REGION) KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM THIRUVANANTHAPURAM.
3. THE SUPERINTENDING ENGINEER, P.H CIRCLE, KERALA WATER AUTHORITY, MUVATTUPUZHA.
4. STATE OF KERALA REP.BY ITS SECRETARY, TO WATER RESOURCES (WATER SUPPLY-B) DEPARTMENT GOVT.OF KERALA, SECRETARAIT THIRUVANANTHAPURAM.
R1-R3 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY R4 BY ADV. GOVERNMENT PLEADER SRI S JAMAL R BY SRI.J.KRISHNA KUMAR, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-092015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4346 of 2009 (P) APPENDIX PETITIONER'S EXHIBITS:
EXT. P1: TRUE COPY OF THE LETTER NO. PHC/M/E1-95/96 DT 8.3.2001 EXT.P2: TRUE COPY OF THE REPRESENTATION DT 11.04.2005 EXT.P3: TRUE COPY OF THE LETTER NO. KWA/CE/CR/KOCHI/E2/3221/2001 DT 15.04.2005 EXT.P4: TRUE COPY OF THE JUDGMENT IN WPC NO. 30474/2008C DT 29.10.2008 EXT.P5; TRUE COPY OF THE ORDER IN G.O(RT) NO.508/08/WRD DT 20.05.2008 EXT.P6: TRUE COPY OF THE LETTER NO. KWA/JB/E3 13446/08 DT 5..12.2008 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma
K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 4346 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 09th day of September, 2015
J U D G M E N T
The petitioner claims regularisation on the basis of his appointment with effect from 22.05.1990.
The Government has filed a counter affidavit in which it has been stated that though the petitioner had the required academic qualification for the post of Operator, he could not satisfy the age stipulations. NMR hands who were appointed with effect from 22.05.1990 was regularised vide order G.O(.S) No.79/99/lrd dated 30.10.1999 with effect from 22.05.1995 and with effect from 21.10.2005 vide Government Order G.O (MS) No.53/05/WRD dated 21.10.2005. The petitioner however, was not on duty on 22.05.1995 and the person who was not in service could not be absorbed to the regular staff.
2. The petitioner admittedly was on leave between 01.04.1994 to 31.03.1999. The petitioner hence has not completed
WPC.No.4346/2009 : 2 :
five years NMR service on 22.05.1995, on the date of regularisation and he was not entitled to be absorbed in the regular establishment along with other persons who were absorbed.
In such circumstance, the writ petition is devoid of merit and the same would stand dismissed. No costs. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge