Kerala High Court
Mohammedkutty T.K vs The Kerala Water Authority on 20 November, 1981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 22ND DAY OF JUNE 2016/1ST ASHADHA, 1938
WP(C).No. 22452 of 2007 (W)
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PETITIONER:
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MOHAMMEDKUTTY T.K., AGED 51 YEARS,
S/O.T.K.MOIDEEN,, (OPERATOR, KERALA WATER AUTHORITY,,
P.H.SECTION, KUTTIPPURAM, TIRUR).
BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR
RESPONDENTS:
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THE KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR,, JALA BHAVAN,
THIRUVANANTHAPURAM.
BY ADV. SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY
BY SRI.C.UNNIKRISHNAN, SC, KWA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS
P1: TRUE COPY OF LETTER NO.62021/R3/81/LA & SRD DATED 20.11.1981
P2: TRUE COPY OF THE PROFORMA DATED 13.03.1995
P3: TRUE COPY OF THE ORDER NO.E755/84 DATED 21.06.91 AND THE LIST
SHOWING DETAILS OF CLR WORKERS ABSORBED IN THE NMR WITH EFFECT
FROM 1.4.1984.
P4: TRUE COPY OF THE REPRESENTATION DATED 12.5.1994
P5: TRUE COPY OF THE REPORT DATED 21.11.94 OF THE ASSISTANT
ENGINEER TO THE ASSISTANT EXECUTIVE ENGINEER.
P6: TRUE COPY OF THE REPORT DATED 21.11.1994 OF THE ASSISTANT
EXECUTIVE ENGINEER.
P7: TRUE COPY OF THE REPORT DATED 16.12.1994 OF THE EXECUTIVE
ENGINEER.
P8: TRUE COPY OF THE LETTER DATED 20.01.1995 OF THE SUPERINTENDING
ENGINEER.
P9: TRUE COPY OF THE LETTER NO.CE(NR)E4-862/95 DATED 24.1.1995 OFA
THE CHIEF ENGINEER.
P10: TRUE COPY OF THE ORDER DATED 6.5.1996 OF THER RESPONDENT.
P11: TRUE COPY OF THE JUDGEMENT DATED 18.1.2002 IN OP NO.11219/1996
OF THIS HON'BLE COURT.
P12: TRUE COPY OF THE ORDER NO.KWA/JB/E3-5860/2002 DATED 2.8.2002 OF
THE RESPONDENT.
P13: TRUE COPY OF THE JUDGMENT DATED 11.7.2006 IN OP NO.31130/2002
OF THIS HON'BLE COURT
P14: TRUE COPY OF THE JUDGMENT 27.11.2006 IN WRIT APPEAL
NO.1883/2006 OF THIS HON'BLE COURT.
P15: TRUE COPY OF THE ORDER NO.KWA/JB/E-5860/02 DATED 18.1.2006 OF
THE RESPONDENT
P16: TRUE COPY OF THE LETTER NO.E-755/84 DATED 13.3.2007 OF THE
EXECUTIVE ENGINEER PH DIVISION EDAPPAL.
P17: TRUE COPY OF THE LETTER NO.KWA/JB/E3-5860/2002 DATED 21.5.2007
OF THE RESPONDENT.
/True Copy/
P.A. to Judge
ANU SIVARAMAN, J.
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W.P.(C).No.22452 of 2007
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Dated this the 22nd day of June, 2016
JUDGMENT
1.The surviving grievance of the petitioner in this writ petition is with regard to the fixation of his pay in the category of NMR Operator under the respondent Water Authority. It is submitted that the petitioner was a person who had worked as CLR operator in the Water Authority. He was absorbed as NMR Cleaner. He had challenged the said decision before this Court and by Ext.P13 judgment, learned single Judge had declared that the petitioner is entitled to be absorbed as NMR Operator with effect from 12.05.1994 with all monetary benefits attached to the post of Operator. It is submitted by the learned counsel for the petitioner that the petitioner had been absorbed as worker in the NMR category w.e.f. 01.04.1984 in terms of Ext.P3 order. However, though W.P.(C).No.22452/07 2 Ext.P13 judgment was given effect to by the respondent in Ext.P15 directing that the petitioner shall be eligible for all monetary benefits attached to the post of NMR Operator w.e.f. 12.05.1994, while preparing his fixation statement the respondent had treated the petitioner as a fresh entrant in the NMR Operator category as on 12.05.1994 and had fixed his pay accordingly. It is submitted that such action of the respondent was completely unwarranted and is in violation of directions contained in Ext.P13 judgment as well as the orders of the respondent in Ext.P15. Though it is stated in that communication that he shall be given the benefit of 28A fixation in treating his appointment as NMR Cleaner on 12.05.1997 as a promotion and all benefits shall be disbursed of, the learned counsel for the petitioner submits that no amounts has been disbursed to the petitioner. No fixation as directed in Ext.P17 has been carried out and that he apprehends that the earlier fixation will be carried out and recovery be made.
W.P.(C).No.22452/07 3
2.Heard learned counsel for the petitioner and the learned Standing Counsel for the respondent. The entitlement of the petitioner for posting as NMR Operator w.e.f. 12.05.1994 stands concluded by Ext.P13 judgment which had been taken in appeal by the respondent and confirmed in Ext.P14. He is therefore entitled to all monetary benefits on account of his entitlement as an NMR Operator with effect from that date. However, it is also impermissible for the respondent to treat the petitioner as a fresh entrant in the category of NMR Operator w.e.f. 12.05.1994. It is not in dispute that the petitioner was appointed as NMR worker w.e.f. 01.04.1984 in terms of Ext.P3 order. His service from 01.04.1984 to 12.05.1994 in the category of NMR Cleaner has also to be reckoned by fixing his pay. It has been so understood by the respondent in Ext.P15 also.
3.Exts.P16 and P17, in so far as they are not in conformity with the orders passed by the respondent in Ext.P15 are set aside. The respondent is directed to fix the pay of the petitioner in W.P.(C).No.22452/07 4 accordance with the directions in Ext.P15 and reckoning his service from 01.04.1984 to 12.05.1994 also. The needful shall be done within a period of three months from the date of receipt of a copy of this judgment.
sd/-
Anu Sivaraman, Judge sj22/6