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MOHAMMODKUTTY T.K. versus THE KERALA WATER AUTHORITY

High Court of Kerala

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MOHAMMODKUTTY T.K. v. THE KERALA WATER AUTHORITY - OP No. 31120 of 2002(D) [2006] RD-KL 175 (11 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 31120 of 2002(D)

1. MOHAMMODKUTTY T.K., AGED 46 YEARS,
... Petitioner

Vs

1. THE KERALA WATER AUTHORITY,
... Respondent

For Petitioner :SRI.M.R.GOPALAKRISHNAN NAIR

For Respondent :SRI.M.V.MATHAI MUTHIRENTHY, SC, KWA

The Hon'ble MR. Justice K.THANKAPPAN

Dated :11/07/2006

O R D E R

K.THANKAPPAN, J.

O.P.NO.31120 OF 2002

Dated this the 11th day of July, 2006



JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P12 order passed by the respondent.

2. The petitioner was initially appointed as CLR/SLR Cleaner and he joined duty on 24.9.1980. He was posted as Operator in March, 1981. Absorption of CLR/SLR workers in to the category of NMR workers is on the basis of Ext.P1 guidelines. As per Ext.P2 communication, the petitioner was absorbed as NMR Cleaner even though he was working as CLR Operator from March, 1981 to December, 1981. According to the petitioner, he is entitled to be absorbed as NMR Operator and he filed Ext.P4 representation before the respondent. Since his representation was not considered, the petitioner filed O.P.No.11219 of 1996 and this Court as per Ext.P11 judgment dated 18.1.2002 directed the first respondent therein to consider the claim of the petitioner. The grievance of the petitioner is that inspite of Ext.P11 judgment, the respondent as per Ext.P12 order rejected the claim of the petitioner taking the stand that the O.P.NO.31120/2002 2 petitioner was working as CLR Cleaner though he was posted as CLR Operator as a stop gap arrangement.

3. Admittedly, the petitioner was engaged as Operator from March, 1981 due to non-availability of regular operator. As the petitioner was working as CLR Operator, he is entitled to be absorbed as NMR Operator instead of NMR Cleaner. The claim of the petitioner was not considered by the respondent inspite of the judgment of this Court. Considering the facts and circumstances of the case, this Court is of the view that the petitioner is entitled to be absorbed as NMR Operator with effect from 12.5.1994 He is also entitled to the salary attached to the said post. Though in the counter affidavit filed for and on behalf of the respondent it is stated that the petitioner is not qualified to be appointed as NMR Operator, in the light of Ext.P1 guidelines, the authorities are empowered to absorb CLR/SLR workers into NMR workers depending on the post in which they were working at the time of absorption. That apart, if a person was working in more than one post, the authorities should consider the post in which he had more service. Further, it has come out in evidence that the petitioner is still working as Operator and not as Cleaner. In the above circumstances, Ext.P12 is liable to be quashed. Ext.P12 is accordingly quashed and it is declared that the O.P.NO.31120/2002 3 petitioner is entitled to be absorbed as NMR Operator with effect from 12.5.1994 with all monetary benefits attached to the post of Operator. The respondent shall pass consequential orders within a reasonable time, at any rate within two months from the date of receipt of a copy of this judgment. The Original Petition is allowed as above.

(K.THANKAPPAN, JUDGE)

sp/ O.P.NO.31120/2002 4

K.THANKAPPAN, J.

O.P.NO.31120/2002

JUDGMENT

11TH JULY, 2006 O.P.NO.31120/2002 5


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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