Kerala High Court
R.Emmanuel vs State Of Kerala on 14 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.27747 OF 2020(P)
PETITIONER:
R.EMMANUEL
AGED 62 YEARS
S/O.E.M. ROBINSON, HEAD SURVEYOR(RETIRED FROM PROJECT
DIVISION, KERALA WATER AUTHORITY, ADOOR), RESIDING AT KUKKU
DALE, PALLISSERIKKAD (P.O), SASTHAMCOTTA, KOLLAM DISTRICT,
PIN - 690521.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF
WATER RESOURCES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HARBOUR, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE CHIEF ENGINEER
IRRIGATION(ADMINISTRATION), OFFICE OF THE CHIEF
ENGINEER(IRRIGATION(ADMINISTRATION),
THIRUVANANTHAPURAM, PIN - 695033.
4 THE CHIEF ENGINEER,
IRRIGATION(PROJECT -II), OFFICE OF THE CHIEF ENGINEER
(IRRIGATION(PROJECT -II) THIRUVANANTHAPURAM, PIN - 695033.
5 THE CHIEF ENGINEER,
HARBOUR ENGINEERING DEPARTMENT, KAMALASWERAM, MANACADU (P.O),
THIRUVANANTHAPURAM, PIN - 695009.
6 KERALA WATER AUTHORITY
JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY
ITS MANAGER DIRECTOR.
7 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695001.
WP(C).No.27747 OF 2020(P)
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8 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM,
PIN - 695001.
9 THE SUPERINTENDING ENGINEER
PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
PATHANAMTHITTA, THIRUVALLA, PIN - 689105.
10 THE EXECUTIVE ENGINEER
PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR, ADOOR(PO),
PIN - 691523.
OTHER PRESENT:
SMT. MARY BENJAMIN - SC,
SRI.BIJOY CHANDRAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27747 OF 2020(P)
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JUDGMENT
The petitioner, who is stated to have retired on attaining the age of superannuation on 31.10.2014 from the services of the Kerala Water Authority, has sought various reliefs in this writ petition - including that he is entitled to a declaration that his earlier provisional service with the Irrigation Department and Harbour Engineering Department prior to his regular appointment under the Kerala Water Authority is liable to be reckoned, while calculating his service benefits including pensionary/terminal benefits.
2. The petitioner says that he is entitled to all the benefits as has been offered through Ext.P1 proceedings of the Managing Director of the Kerala Water Authority and that he has therefore, preferred Ext.P3 representation before the 10 th respondent seeking appropriate orders. The petitioner thus, prays that Ext.P3 be directed to be taken up and disposed of by the 10 th respondent at the earliest.
3. In response to the submissions of Sri.M.V.Thamban, learned counsel for the petitioner as afore, the learned Standing WP(C).No.27747 OF 2020(P) 4 Counsel for the Kerala Water Authority - Smt.Mary Benjamin, submitted that Ext.P3 cannot be considered by the Executive Engineer, since it requires a policy decision to be taken; and therefore, that this Court may direct the petitioner to approach the Managing Director appropriately. She therefore, prays that this writ petition be dismissed.
4. Even when I hear Smt.Mary Benjamin as afore, the fact remains that if the Managing Director is competent and willing to consider the claim of the petitioner as voiced in Ext.P3, there is no reason why he should be asked to make a fresh representation, since I am of the view that Ext.P3 can be directed to be placed before the said Authority for such purpose by the 10th respondent.
In the result, I order this writ petition and direct the 10 th respondent - Executive Engineer to place Ext.P3 before the 7 th respondent - Managing Director of the Water Authority, within a period of two weeks from the date of receipt of a copy of this judgment; in which event, the said Authority will proceed to consider the same, after affording an opportunity of being heard to the petitioner - either physically or through video conferencing WP(C).No.27747 OF 2020(P) 5
- leading to an appropriate decision thereon, as expeditiously as is possible but not later than two months thereafter.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.27747 OF 2020(P)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.
K.W.A/J.B/H.O/E1/14681/2016 DATED 12.02.2020 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE G.O(P) NO. 517/2009/FIN DATED 19.11.2009.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 04.03.2020 FILED BEFORE THE 10TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER NO. SE/PHC/T.V.L.A/AB1- 2020/PEN DATED 12.10.2020.
EXHIBIT P5 TRUE COPY OF THE LETTER NO. PF.8-2822/2020 DATED 11.09.2020.