Kerala High Court
Leena P.P Aged 44 Years vs The Kerala Water Authority
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY,THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
WP(C).No. 31525 of 2015 (M)
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PETITIONERS:
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1. LEENA P.P AGED 44 YEARS
DRAFTSMAN GRADE-I, OFFICE OF THE EXECUTIVE ENGINER
KERALA WATER AUTHORITY, PH DIVISION, KOCHI-16.
2. SURESH BABU P.K., DRAFTMAN GRADE-I, P.H. DIVISION
KERALA WATER AUTHORITY, VADAKARA
3. BINOJ KUMAR K.T., DRAFTMAN GRADE-I
DISTRIBUTION SUB DIVISION-II, KERALA WATER AUTHORITY,
CIVIL STATRION P.O., KOZHIKODE - 673 020
4. SREEKUMAR P., DRAFTMAN GRADE-I
P.H. SUB DIVISION, KERALA WATER AUTHORITY KOCHI 11
5. SREELATHA L., DRAFTMAN GRADE-I
P.H. DIVISION, KERALA WATER AUTHORITY, PATHANAMTHITTA
6. ANITHA N. NAIR, DRAFTMAN GRADE-I, P.H.DIVISION,
KERALA WATER AUTHORITY, KOCHI -16
7. GRACY M.A., DRAFTMAN GRADE-I, CE (CR),
KERALA WATER AUTHORITY, KOCHI-11
8. JESSY THOMAS
DRAFTMAN GRADE-I, PROJECT DIVISION,
KERALA WATER AUTHORITY, ADOOR.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS:
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1. THE KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMABALAM
TRIVANDRUM.
2. THE DEPUTY CHIEF ENIGNEER(GL)
KERALA WATER AUTHORITY, VELLAYAMABALAM, TRIVANDRUM.
...2
WP(C).No. 31525 of 2015 (M)
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3. K.A.RAGHAVAN
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
PROJECT SUB DIVISION, KUTHUPARAMBA.
4. SUJATHA A.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, KOTTAYAM.
5. P.S.UDAYAKUMARI
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
H.D.PROJECT DIVISION, THIRUVANANTHAPURAM.
6. P.GIRIJA
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
W.W.SECTION-II, KOCHI-17, KALOOR.
7. SABOO GOPALAN
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
WW SECTION-III, KOCHI-16.
8. T.J.INDIRAMMA
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, KAYAMKULAM.
9. VINOD KUMAR A.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SDECTION, SULATHAN BATHERY.
10. SREEKUMAR R.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.DIVSION, THRIUVALLA
11. A.J.YELDHO
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION-II, KOTHAMANGALAM.
12. M.T.SAIPRAKASH
ASSISTANT ENGINEER, KERALA WATER AUTHORITY, UIDSSMT
PAYYANNUR.
13. ABDUL MAJEED V.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
PROJECT SECTION, MANJESWARAM.
14. SUNDARAN V.P.M.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
PROJECT SUB DIVISON, KUTHUPARAMBA.
...3
WP(C).No. 31525 of 2015 (M)
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15. K.N.BABY
ASSISTANT ENGINEER, KERALA WATER AUTHORITY, HW SECTION
CHAVASSERYPARAMBA.
16. A.L.KURIAKOSE
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
WW SECTION-I, THRISSUR.
17. K.N.THAMPI
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
PROJECT DIVISION, PERUMBAVOOR.
18. P.T.JYOTHIVAS
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
QUANTITY CONTROL SUB DIVISION, KANNUR.
19. K.K.SALLIH
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
W.S.SECTION, NJARAKKAL.
20. BINDU N.P.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
KSUDP DIVISION, KOZHIKODE.
21. SUJATHA K.V.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY, SRI
NETTOOR, KOCHI.
22. PRASANTHINI K.V.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
QUALITY CONTROL SUB DIVISION, KANNUR.
23. T.P.BHASKARAN
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
PROJECT DIVISION, MALAPPURAM.
24. VIJAYAN .AV.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
QUALITY CONTROL, DISTRICT LAB, KASARAGOD.
25. BABU R.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, KUZHALMANDAM.
26. LOVELYA.P.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
SEWERAGE SECTION, KOCHI.
...4
WP(C).No. 31525 of 2015 (M)
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27. SUHARA BEEVI P.K.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
HEAD WORKS SUB DIVISION, ALUVA.
28. ANANDAKUMAR A.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION-I, MALAPAPURAM.
29. SURESH V.K.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, PURAMERI.
30. JAYAPRAKASH T.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
W.W.SECTION-1, PALAYAM.
31. BEEBA B. NAIR
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
TRAINING CENTRE, HEAD OFFICE, THIRUVANANTHAPRUAM.
32. PRADEEPAN V.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, KEEZHALLOOR.
33. JAYACHANDRAN M.A.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, KUMBALA, KASARAGOD.
34. ABDUL AZEE K.B.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
W.W.SUB DIVISION, KARUVELIPADY, KOCHI.
35. SHEELA K.S.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, KIDANGARA.
36. PRABHODIHINI T.N.
ASSISTANT ENGINEER, KERALA WATER AUTHORITY
P.H.SECTION, ALUVA.
R19 BY ADV. SRI.V.PHILIP MATHEW
R1-R2 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-01-2016, ALONG WITH WPC. 74/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No. 31525 of 2015 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1. TRUE COPY OF THE ADVICE MEMO OF THE 2ND PETITIONER
EXT.P2. TRUE COPY OF THE DETAILS OF THE DATED OF PROMOTION OR
APPOINTMENT OF THE RESPONDENTS 3 TO 36 TO THE POST OF
DRAFTSMAN GR-II AND TO THE PROMOTION POST OF DRAFTSMAN
GR-I IN AFORM OF CHART.
EXT.P3. TRUE COPY OF THE ORDER NO.3/10/2015 PROMOTING THE PARTY
RESPONDENTS TO THE POST OF ASSISTANT ENGINEERS IN THE
SERVICE OF THE KERALA WATER AUTHORITY
EXT.P3(A). TRUE COPY OF THE MODIFIED ORDER DATED 6/10/2015.
EXT.P4. TRUE COPY OF THE PROMOTION ORDER OF THE PARTY
RESPONDENTS FOR THE YEARS 2007.
EXT.P4(A). TRUE COPY OF THE PROMOTION ORDER OF THE PARTY
RESPONDENTS FOR THE YEARS 2009.
EXT.P4(B). TRUE COPY OF THE PROMOTION OF THE PARTY
RESPONDENTS FOR THE YEARS 2015
EXT.P5. TRUE COPY OF THE SENIORITY LIST OF DRAFTSMAN GR.I AS ON
1/11/2000 THE RELEVANT EXTRACT.
EXT.P6. TRUE COPY OF THE JUDGMENT IN WA NO.1906/98.
EXT.P7. TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN WA
NO.467/20009.
EXT.P8. TRUE COPY OF THE CIRCULAR DATED 5.1.2015
EXT.P9. TRUE COPY OF THE CIRCULAR DATED 6.1.2015
EXT.P10. TRUE COPY OF THE INTERIM ORDER DATED 10.2.2015 IN W.P.(C)
NO.1914/2015
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
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W.P.(C) No. 31525 of 2015 (M)
&
W.P.(C) No. 74 of 2016 (H)
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Dated this the 12th day of January, 2016
J U D G M E N T
Read Interim Order dated 12.11.2015 in W.P.(C) No.23785/2015 and another.
"The short controversy raised herein is as to how the temporary promotions in the respondent authority to the post of Assistant Engineer has to be made from the feeder category of Draftsman Grade-I.
2. The Draftsman Grade-I posts are filled up by promotion from in-service diploma holders and certificate holders as also direct recruitment in the ratio of 5:2:3. The petitioners are all direct recruitees, having been so appointed on 20.9.2006 by advice from the Public Service Commission and their seniority definitely has to be reckoned from the date of advice. The party respondents herein are all promoted as Draftsman Grade-I, subsequent to the appointment of the petitioners, however, in the departmental quota.
W.P.(C) No. 31525 of 2015 (M) & W.P.(C) No. 74 of 2016 (H) -2-
3. There was a controversy with respect to the seniority list issued on 1.11.2000, which took note of the amendment made, with retrospective effect from 1964, providing for the aforesaid ratio. The challenge culminated in Ext.P6 judgment wherein though the retrospective amendment was upheld, the list was set aside finding it to be not in consonance with Rule 27(a) to (c) of the KS & SSR. The Water Authority was also directed to prepare a fresh seniority list. The fresh seniority list published was challenged in a batch of writ petitions connected with O.P. No.879/2002 in which the list was set aside.
4. On appeal, by Ext.P7 judgment the Division Bench set aside the judgment of the learned Single Judge and remanded the matter. While the matter was pending before the Division Bench, there was a provisional seniority list published. The Division Bench by Ext.P7 directed that the matter would be placed before the learned Single Judge and that the interim order passed in the Writ Appeals would be of no consequence. There was an open remand and any orders in the Original Petitions were said to regulate the issue till the matter is heard. It is admitted by all parties that the only interim order in the Original Petition was that the promotions W.P.(C) No. 31525 of 2015 (M) & W.P.(C) No. 74 of 2016 (H) -3- would be subject to the result of the Original Petitions. It is also submitted by the learned Standing Counsel for the respondent Authority that Ext.P7 has been challenged before the Hon'ble Supreme Court by the private parties; in which there is status quo order passed as on 10.4.2015.
5. While matters stood thus, there was a necessity for the Water Authority to fill up the posts lying vacant in the cadre of Assistant Engineer for reason of sheer necessity, in public interest. Hence, Exts.P8 and P9 circulars were issued wherein the provisional seniority list, drawn up during the pendency of the Writ Appeal, was sought to be pressed into service. Those circulars were stayed by Ext.P10. Later, there was a modification of Ext.P10 directing to follow the principle followed in the seniority list of 1.11.2000
6. The Authority, hence, started making temporary appointments to the cadre of Assistant Engineer from the seniority list of 1.11.2000. Having exhausted the same, the learned Standing Counsel for the Water Authority submits, that they were constrained to make promotions from the provisional seniority list. The Circulars adopting the provisional seniority list having been W.P.(C) No. 31525 of 2015 (M) & W.P.(C) No. 74 of 2016 (H) -4- stayed by this Court, the said procedure adopted by the Water Authority was not proper.
7. It is also submitted by the learned counsel for the 19th respondent that the party respondents herein have already been promoted temporarily to the post of Assistant Engineer. In such circumstance, it may not be proper for this Court to interfere with the promotions already made without hearing the said respondents. The learned counsel for the 19th respondent also has a case that the very appointment of the petitioners were in excess of the quota of direct recruitment, which question is also said to be pending before the respondent Board. That, however, need not be looked into at this stage.
8. However, it would be perfectly legal for the Water Authority to follow the principle in the seniority list of 1.11.2000 in making further appointments. In following such principle, if any temporary promotions already made are to be upset, definitely a hearing should be afforded to such persons. Any further temporary promotions should be only on the principle of the seniority list of 1.11.2000. In making such promotions, definitely Rule 27(a) and (c) of the KS & SSR have to be followed scrupulously where the seniority would be on the basis of the first W.P.(C) No. 31525 of 2015 (M) & W.P.(C) No. 74 of 2016 (H) -5- appointment made, in the case of promotees, and with respect to the direct recruitees, date of effective advice. The interim order shall be valid till further orders are passed."
2. The interim order would suffice with respect to the grievances of the petitioners for the moment, with respect to the provisional promotions to be effected and revision of seniority, which definitely would be subject to the result of the S.L.P. filed before the Hon'ble Supreme Court on the very same subject.
3. In such circumstance, the writ petitions shall stand disposed of, making the interim order absolute till the disposal of the S.L.P. before the Hon'ble Supreme Court. It is made clear that the promotions made shall be reviewed in the light of the interim order passed, after hearing the affected parties, within a specified period, at any rate within a period of four months from W.P.(C) No. 31525 of 2015 (M) & W.P.(C) No. 74 of 2016 (H) -6- the date of this judgment. The representations at Exts.P3 to P5 and P7 in W.P.(C) No.74/2016 shall also be considered. No Costs.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 12/1/16