K.B.Prasanthini v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 34036 of 2003 (B) ---------------------------- PETITIONER:
------------------ SMT. K.B. PRASANTHINI, W/O.V.K. RAJEEV AGED 39 YEARS, I GRADE DRAFTSMAN, P.H. CIRCLE KERALA WATER AUTHORITY, THANA, KANNUR.
BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS:
---------------------- 1.
STATE OF KERALA REPRESENTED BY SECRETARY WATER RESOURCES (WATER SUPPLY B) DEPARTMENT TRIVANDRUM.
2.
THE KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR TRIVANDRUM.
3.
THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN, TRIVANDRUM.
BY ADVS. SRI.M.V.MATHAI MUTHIRENTHY, SC, KWA SRI.JOY GEORGE, SC, KWA SRI.C.UNNIKRISHNAN, SC, KWA SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34036 of 2003 (B) APPENDIX PETITIONER'S EXHIBITS :- ----------------------------------- EXT.P1 - COPY OF THE GOVT. ORDER DATED 29.03.2001.
EXT.P2 - COPY OF THE PROCEEDINGS OF MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 26.09.2001 ALONG WITH THE LIST OF EMPLOYEES WHO WERE REGULARISED W.E.F. 29.03.2001.
EXT.P3 - COPY OF THE REPRESENTATION DATED 09.01.1992.
EXT.P4 - COPY OF THE JUDGMENT OF THIS COURT IN O.P. NO.38613 OF 2001 DATED 28.05.2003.
EXT.P5 - COPY OF THE REPRESENTATION DATED 13.06.2003.
EXT.P6 - COPY OF ORDER OF THE GOVT. DATED 24.07.2003 REJECTING THE CLAIM.
EXT.P7 - COPY OF THE RELEVANT PORTION OF THE PROVISIONAL LIST OF DRAFTSMAN GRADE I AS ON 01.11.2000 ALONG WITH PROFORMS AND CIRCULAR DATED 12.12.2000.
RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp
K. VINOD CHANDRAN, J.
--------------------------------------- W.P(C). No.34036 of 2003 --------------------------------------- Dated this the 12th day of October, 2015.
JUDGMENT
The petitioner, on the basis of the decision in Jacob M. Puthuparambil v. Kerala Water Authority [(1991) 1 SCC 28], claimed retrospective regularization. The petitioner was a Draftsman. But however, a similar issue with respect to an Assistant Engineer was considered by this Court and distinguished from the aforecited judgment in judgment dated 22.07.2003 in O.P. No.4567 of 2002. The said decision has been confirmed in W.A. No.1717 of 2003 dated 04.11.2003. In such circumstance, respectfully following the aforesaid judgment, the writ petition is dismissed.
Sd/- K. VINOD CHANDRAN, JUDGE sp //True Copy// P.A. to Judge.