Kerala High Court
Mohamed Haris U.M vs State Of Kerala on 8 April, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
W.P.(C).No.22615 of 2020 and con. cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.22615 OF 2020(B)
PETITIONERS:
1 MOHAMED HARIS U.M
AGED 48 YEARS
WATCHMAN(HIGHER GRADE), KERALA WATER AUTHORITY,
P.H.SECTION, GURUVAYUR, THRISSUR DISTRICT.
2 JIJU T.J.,
WATCHMAN (HIGHER GRADE), KERALA WATER
AUTHORITY, P.H.SECTION, GURUVAYUR, THRISSUR
DISTRICT.
3 M.R.VIJAYAKUMAR,
WATCHMAN, KERALA WATER AUTHORITY, P.H.SECTION,
THRITHALA, PALAKKAD DISTRICT.
4 PRAKASAN.K,
WATCHMAN, KERALA WATER AUTHORITY, P.H.CIRCLE,
THRISSUR.
5 CHANDRAN P.P.,
WATCHMAN (HIGHER GRADE), KERALA WATER
AUTHORITY, P.H.SECTION, CHELAKKARA, THRISSUR
DISTRICT.
6 JOSHI C.O.,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
P.H.SUB DIVISION, GURUVAYUR, THRISSUR DISTRICT.
7 SAMUEL.E.D.,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
P.H.DIVISION, THRISSUR.
W.P.(C).No.22615 of 2020 and con. cases
2
8 NISHA T.,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
P.H.SUB DIVISION, GURUVAYUR, THRISSUR DISTRICT.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM-695033.
R2 BY ADV. SMT.MARY BENJEMIN
OTHER PRESENT:
MARY BENJEMIN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-03-2021, ALONG WITH WP(C).23079/2020(H),
WP(C).23687/2020(I), WP(C).26378/2020(V),
WP(C).1626/2021(C), THE COURT ON 08-04-2021 DELIVERED THE
FOLLOWING:
W.P.(C).No.22615 of 2020 and con. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.23079 OF 2020(H)
PETITIONERS:
1 JAYACHANDRAN E.V.
AGED 54 YEARS
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PROJECT DIVSION, KANNUR.
2 RAJEESH P.K,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY SUB DIVISION, PERALASSERY, KANNUR.
3 GANESHAN T,
OFFICE ATTENDANT , KERALA WATER AUTHORITY,
WATER SUPPLY DIVISION, THALIPARAMBA, KANNUR.
4 PREETHA P,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY SUB DIVISION, PAYYANNUR, KANNUR
5 SREEJITH K.K,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY DIVISION, KANNUR-12.
6 RAHIYANATH C,
OFFICE ATTENDANT , KERALA WATER AUTHORITY,
WATER SUPPLY DIVISION, KANNUR-12.
7 ANITHA K,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
CIRCLE, KANNUR.
W.P.(C).No.22615 of 2020 and con. cases
4
8 ATHIRA G,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY SUB DIVISION, KANNUR.
9 MAGESH N,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PROJECT DIVISION, KANNUR.
10 SUSAMMA THOMAS,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PUBLIC HEALTH SECTION, CHANGANACHERRY, KOTTAYAM
DISTRICT.
11 SAJIN KURIAKOSE,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
WORKS SECTION NO.1, KOTTAYAM.
12 JAYASREE P.R,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PUBLIC HEALTH DIVISION, KOTTAYAM.
13 T.A. KURIAN,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PUBLIC HEALTH DIVISION, KOTTAYAM.
14 MADHU P.S,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PROJECT DIVISION, KOTTAYAM.
15 ROBIN SELVARAJ
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
CIRCLE, KOZHIKODE.
16 DHARMAJITH D,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
DIVISION, KOZHIKODE.
17 RATHEESH K.P.
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
OFFICE OF THE CHIEF ENGINEER, KOZHIKODE.
W.P.(C).No.22615 of 2020 and con. cases
5
18 SINDHU A.C,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
OFFICE OF THE CHIEF ENGINEER, KOZHIKODE.
19 DEEPA C.K,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
DISTRIBUTION SUB DIVISION NO.1, KOZHIKODE.
20 ANIL KUMAR C,
OFFICE ATTENDANT , KERALA WATER AUTHORITY, P.H.
DIVISION, KOLLAM.
21 SIBIN RAJ R,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
JNNURM PROJECT CIRCLE, KOCHI-682 011
22 DILNA GHOSH K.A,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
JNNURM PROJECT CIRCLE, KOCHI-682 011
23 ARUN CHANDRAN B,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
DIVISION, MUVATTUPUZHA, ERNAKULAM.
24 NISAMUDHEEN K.M,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
DIVISION, MUVATTUPUZHA, ERNAKULAM.
25 NABEEL BABU K,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
CIRCLE, MALAPPURAM.
26 SALI ERAYATHAN,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PROJECT DIVISION, MALAPPURAM.
27 BEENA K.K.,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SECTION, NILAMBUR, MALAPPURAM.
28 ARSHAD P.N,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SECTION, MANJERI, MALAPPURAM.
W.P.(C).No.22615 of 2020 and con. cases
6
29 VIJAYAN T,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SUB DIVISION, PARAPPANANGADY, MALAPPURAM.
30 AYYOB C.P,
OFFICE ATTENDANT , KERALA WATER AUTHORITY, P.H.
DIVISION, MALAPPURAM.
31 NAFEESA P.A,
OFFICE ATTENDANT, KERALA WATER AUTHORITY,
PROJECT DIVISION, MALAPPURAM.
32 BALRAJ V,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SUB DIVISION, MANJERI, MALAPPURAM.
33 RENUKA V,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SUB DIVISION, PONNANI, MALAPPURAM.
34 ANANDAN S,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
DIVISION, EDAPPAL, MALAPPURAM.
35 JAMEELA K,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, HEAD
WORKS SECTION, KOZHIKODE.
36 PINKY V. NAIR,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SECTION, OACHIRA, KOLLAM.
37 REJITHA T,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SUB DIVISION, KOLLAM.
38 SUNITHA K.V,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
CIRCLE, PALAKKAD.
W.P.(C).No.22615 of 2020 and con. cases
7
39 K.HANEEFA,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SECTION, MANANTHAVADY, WAYANAD.
40 NASSER K.K.
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
CIRCLE, MUVATTUPUZHA, ERNAKULAM.
41 JIJI KUMAR K.S,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY DIVISION, ERNAKULAM, KOCHI-682 018
42 WILSON E,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SUB DIVISION, KOTTARAKARA, KOLLAM.
43 JAYAKUMAR V.R,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY SUB DIVISION, KOLLAM.
44 SOBHA M.B,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY SUB DIVISION, PUTHENCRUZ, ERNAKULAM.
45 P.A. NAZAR,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
SUB DIVISION, SULTHANBATHERY, WAYANAD.
46 PRINCE KUMAR J,
OFFICE ATTENDANT J, OFFICE ATTENDANT, KERALA
WATER AUTHORITY, WATER SUPPLY SUB DIVISION,
KOLLAM.
47 R. ANILKUMAR,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, P.H.
DIVISION, KADUTHURUTHY, KOTTAYAM.
48 SHIJI KUMAR,
OFFICE ATTENDANT, KERALA WATER AUTHORITY, WATER
SUPPLY DIVISION, KALAMASSERY, ERNAKULAM.
W.P.(C).No.22615 of 2020 and con. cases
8
49 DEVI N,
LASCAR, KERALA WATER AUTHORITY, WATER SUPPLY
SUB DIVISION, THALASSERY, KANNUR.
50 SREEKUMAR K.K,
LINEMAN, KERALA WATER AUTHORITY, P.H. SECTION,
THRIKKAKKARA, ERNAKULAM.
51 GEORGE A.V,
WATCHMAN, KERALA WATER AUTHORITY, P.H. HEAD
WORKS SECTION, ALUVA, ERNAKULAM.
52 SREEJITH,
WATCHMAN, KERALA WATER AUTHORITY, WATER SUPPLY
SUB DIVISION, KOLLAM.
53 VINEESH V,
WATCHMAN, KERALA WATER AUTHORITY, P.H. SECTION,
CHATHANNOOR, KOLLAM.
54 SAJEEV K.V,
WATCHMAN, KERALA WATER AUTHORITY, I.W.A.
SECTION, PUTHENCRUZ, ERNAKULAM.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM-695 033
W.P.(C).No.22615 of 2020 and con. cases
9
R2 BY ADV. SMT.MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-03-2021, ALONG WITH WP(C).22615/2020(B),
WP(C).23687/2020(I), WP(C).26378/2020(V),
WP(C).1626/2021(C), THE COURT ON 08-04-2021 DELIVERED THE
FOLLOWING:
W.P.(C).No.22615 of 2020 and con. cases
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.23687 OF 2020(I)
PETITIONER:
N.K SANTHOSH,
AGED 49 YEARS
LINEMAN (UNDER ORDER OF TRANSFER), W W SECTION
NO.1, KWA SUB - DIVISION, VYTTILA, ERNAKULAM -
682020.
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.K.R.MONISHA
SMT.V.T.LITHA
SMT.SHRUTHI SARA JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM - 695003,
3 THE EXECUTIVE ENGINEER
PH DIVISION, KERALA WATER AUTHORITY, ERNAKULAM
- 682016
W.P.(C).No.22615 of 2020 and con. cases
11
4 THE ASSISTANT EXECUTIVE ENGINEER
WATER WORKS SUB DIVISION, KERALA WATER
AUTHORITY, VYTTILA, ERNAKULAM - 682020.
R2-4 BY ADV. SMT.MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-03-2021, ALONG WITH WP(C).22615/2020(B),
WP(C).23079/2020(H), WP(C).26378/2020(V),
WP(C).1626/2021(C), THE COURT ON 08-04-2021 DELIVERED THE
FOLLOWING:
W.P.(C).No.22615 of 2020 and con. cases
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.26378 OF 2020(V)
PETITIONER:
PRAMOD KUMAR T.V
AGED 47 YEARS
S/O LATE SREEDHARAN A V,
AVIKKARA HOUSE, KANHANGAD P O, KASARGOD, PIN-
671315.
BY ADV. SRI.PRAMOJ ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE MANAGING DIRECTOR
KERALA WATER AUTHORITY,
JALABHAVAN, THIRUVANANTHAPURAM, PIN-695033.
R2 BY ADV. SMT.MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-03-2021, ALONG WITH WP(C).22615/2020(B),
WP(C).23079/2020(H), WP(C).23687/2020(I),
WP(C).1626/2021(C), THE COURT ON 08-04-2021 DELIVERED THE
FOLLOWING:
W.P.(C).No.22615 of 2020 and con. cases
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.1626 OF 2021(C)
PETITIONERS:
1 MANU.R
AGED 46 YEARS
WATCHMAN,WATER SUPPLY SUB DIVISION,
KERALA WATER AUTHORITY,SASTHAMCOTTA,
KOLLAM DISTRICT.
2 RAJEEV KUMAR.G,
WATCHMAN,KERALA WATER AUTHORITY,
P.H.SECTION,MAVELIKKARA,ALAPPUZHA DISTRICT.
3 HARIKUMAR.M,
WATCHMAN,KERALA WATER AUTHORITY,
P.H.SECTION,MAVELIKKARA,ALAPPUZHA DISTRICT.
4 GOPAKUMAR.S,
WATCHMAN,KERALA WATER AUTHORITYK
P.H.SECTION,MAVELIKKARA,ALAPPUZHA DISTRICT.
5 BINDHU.B,
OFFICE ATTENDANT,WATER SUPPLY SECTION,
KERALA WATER AUTHORITY,PUNALUR,KOLLAM DISTRICT.
6 SUKIN.K,
WATCHMAN,WATER SUPPLY SECTION,
KERALA WATER AUTHORITY,KEEZHALOOR,
KANNUR DISTRICT.
7 RESHMA.V,
OFFICE ATTENDANT,P.H.SECTION,KERALA WATER
AUTHORITY,NENMARA,PALAKKAD DISTRICT.
W.P.(C).No.22615 of 2020 and con. cases
14
8 SARANYA.S,
OFFICE ATTENDANT,WATER SUPPLY SECTION-1,
KERALA WATER AUTHORITY,KOLLAM.
9 DEEPTHI.R,
OFFICE ATTENDANT,P.H.SECTION,KERALA WATER
AUTHORITY,VALAKAM,KOLLAM DISTRICT.
10 SURUCHI.V.B,
OFFICE ATTENDANT,P.H.SECTION,KERALA WATER
AUTHORITY,VALAKAM,KOLLAM DISTRICT.
11 SHEMEENA BEEVI.A,
OFFICE ATTENDANT,P.H.SECTION,KERALA WATER
AUTHORITY,CHATHANNOOR,KOLLAM DISTRICT.
12 C.GIREESAN,
OFFICE ATTENDANT,WATER SECTION NO.3,
KERALA WATER AUTHORITY,KANNUR.
13 BINDHU.P,
OFFICE ATTENDANT,WATER SUPPLY SUB
DIVISION,KERALA WATER AUTHORITY,ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
14 BINEESH JOHN,
WATCHMAN,P.H.SUB DIVISION,KERALA WATER
AUTHORITY,THODUPUZHA,IDUKKI DISTRICT.
15 BABU P.THOMAS,
WATCHMAN,P.H.DIVISION,KERALA WATER
AUTHORITYTHODUPUZHA,IDUKKI DISTRICT.
16 AJIKUMAR.N.K,
WATCHMAN,P.H.DIVISION,KERALA WATER
AUTHORITYTHODUPUZHA,IDUKKI DISTRICT.
17 SINDHU.C,
OFFICE ATTENDANT,P.H.DIVISION,KERALA WATER
AUTHORITY,AREEKODE,MALAPPURAM DISTRICT.
W.P.(C).No.22615 of 2020 and con. cases
15
18 ABBAS BEPUKARAN,
WATCHMAN,P.H.SECTION,KERALA WATER
AUTHORITY,AREEKODE,MALAPPURAM DISTRICT.
19 SUNIKUTTAN.M.K,
WATCHMAN,IWS MAINTENANCE SECTION,
KERALA WATER AUTHORITY,CHOONDY,
ERNAKULAM DISTRICT.
20 NAVAS.K.S,
WATCHMAN,IWS MAINTENANCE SECTION,
KERALA WATER AUTHORITY,CHOONDY,
ERNAKULAM DISTRICT.
21 SANTHOSH.N.K,
WATCHMAN,IWS MAINTENANCE SECTION,
KERALA WATER AUTHORITY,CHOONDY,ERNAKULAM
DISTRICT.
22 HIJA.G,
OFFICE ATTENDANT,WATER SUPPLY SUB
DIVISION,KERALA WATER AUTHORITY,
ATTINGAL,THIRUVANANTHAPURAM.
23 VINOD.S,
OFFICE ATTENDANT,WATER SUPPLY SECTION
NO.1,UNDER WATER SUPPLY SUB DIVISION,
KERALA WATER AUTHORITY,ATTINGAL,
THIRUVANANTHAPURAM.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
W.P.(C).No.22615 of 2020 and con. cases
16
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
WATER RESOURCES DEPARTMENT,
GOVERNMENT SECRETARAIT,
THIRUVANANTHAPURAM-695001.
2 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY,
JALA BHAVAN,THIRUVANANTHAPURAM-695033.
R2 BY ADV. SMT.MARY BENJEMIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-03-2021, ALONG WITH WP(C).22615/2020(B),
WP(C).23079/2020(H), WP(C).23687/2020(I),
WP(C).26378/2020(V), THE COURT ON 08-04-2021 DELIVERED THE
FOLLOWING:
W.P.(C).No.22615 of 2020 and con. cases
17
JUDGMENT
[ WP(C).22615/2020, WP(C).23079/2020, WP(C).23687/2020, WP(C).26378/2020 & WP(C).1626/2021 ] Dated this the 8th day of April 2021
1. Petitioners are last grade servants under the Kerala Water Authority. They challenge the orders issued by the respondents requiring them to function as meter readers in various offices in the authority. They contend that the method of appointment of meter readers is governed by the Kerala Public Health Engineering Subordinate Service Special Rules and the appointment is by direct recruitment and by transfer from among peons, lascers, watchers, cleaners or turn-cocks employed in the Department in the ratio of 1:1. It is submitted that some of the petitioners are fully eligible for appointment as meter readers by transfer. However, without granting them any such appointment by transfer, the respondents are taking steps to transfer the petitioner out and also requiring them to work as meter readers. It is submitted that only a negligible W.P.(C).No.22615 of 2020 and con. cases 18 amount is paid as compensation for the additional duties which have to be undertaken by them. It is submitted that in the guise of re-structuring of the staff pattern, the petitioners are transferred out to distant places without considering the extreme hardship that they have to suffer and are also being required to work as meter readers though their substantive appointments as last grade servants is sustained. It is submitted that the entire exercise is completely vitiated by extraneous considerations and that only a few persons are meted out with this differential treatment, while the majority of last grade servants are permitted to work in their respective offices and that the exercise is undertaken on completely political considerations.
2. A detailed counter affidavit and an additional counter affidavit have been placed on record by the 2 nd respondent. It is submitted that the present arrangement by which re- arrangement of the staff has been effected in administrative exigencies is only a temporary arrangement and will not result in loss of any promotional avenues to the petitioners. It is W.P.(C).No.22615 of 2020 and con. cases 19 submitted that the petitioners will be eligible for an amount of Rs.300/- as additional allowance for meter reading and that they will not be forced to carry on any duties which they do not wish to perform. It is submitted that it is only due to the financial stringency faced by the respondent authority and to face the situation by accepting financial control measures which have become necessary due to the Covid outbreak and the resultant lock-down that the orders have been issued. It is stated in the additional counter affidavit that only those last grade employees, who are rendered redundant in their offices have been moved out and there is no political consideration in the above orders.
3. It is stated in paragraph 4 of the additional counter affidavit as follows:-
"4.The criteria adopted for issuing Exhibit P1 order is that the senior most office attendants, line man, watchers, lascars in each unit was transferred out. For eg. 1st Petitioner number in Writ Petition. No. 23079 of 2020 is one Mr. Jayachandran E.V. He is serial number 232 in Exhibit Pl. The last column (column 6) of Exhibit Pl is date of joining the present office. The date of joining of Mr. Jayachandran E.V in the present station from where he is now transferred out is 16.11.2006. He is the senior most office attendant in Project Division, Kannur. "
W.P.(C).No.22615 of 2020 and con. cases 20
4. The details of the petitioners are also given in the additional counter affidavit. It is stated that steps are only a part of the financial stringency measures adopted by the authority and that the allegations of mala fides are completely unfounded. It is specifically stated by the learned standing counsel that none of the petitioners have been transferred out of their districts and any transfer out of the district is based on request of the incumbents.
5. I have considered the contentions advanced. Taking note of the specific contentions raised in the counter affidavit and the additional counter affidavit filed, I am of the opinion that the prayers sought for in the writ petition cannot be granted. However, if the petitioners have any individual grievance with regard to their postings, they will be free to raise the same before the competent authority in the respondents. If such individual grievances are raised, they will be considered within three weeks from the date of receipt of a copy of this judgment along with a copy of the representation. It is made W.P.(C).No.22615 of 2020 and con. cases 21 clear that those of the petitioners who are willing to carry out the meter reading activities on acceptance of the enhanced remuneration will be permitted to do so. The present arrangement shall be purely temporary and shall, by no means, affect the rights of the petitioners, including their right to be considered for by transfer appointment in Class III posts in their turn and according to their seniority. The writ petitions are ordered accordingly.
sd/-
Anu Sivaraman, Judge sj APPENDIX OF WP(C) 22615/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.KWA/JB/E3/7839/2015 DATED 22.02.2019 ISSUED BY THE DEPUTY CHIEF ENGINEER, KERALA WATER AUTHORITY ACCEPTING THE RELINQUISHMENT MADE BY THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO.12521/JS1(EST)/2020/KWA DATED 16.10.2020.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 13.12.2017 IN W.P.(C)NO.24669/2017.
APPENDIX OF WP(C) 23079/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO. 12521/JS1 (EST/2020/KWA DATED 16.10.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13.12.2017 IN W.P.C NO. 24669/2017 EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO. 13556/JS1 (EST)/2020/KWA DATED 23.10.2020 ISSUED BY THE 2ND RESPONDENT.
APPENDIX OF WP(C) 23687/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.E1/872/2013 ISSUED BY THE 3RD RESPONDENT DATED 06.07.2017. EXHIBIT P2 TRUE COPY OF RELEVANT PAGES (1,2,3,25) OF ORDER ON 12521/JS1(EST)/2020/KWA ISSUED BY THE 2ND RESPONDENT DATED 16.10.2020. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 21.10.2020.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.KWA/AEE/VTC/E12/14 ISSUED BY THE 4TH RESPONDENT DATED 23.10.2020.
EXHIBIT P5 TRUE COPY OF ORDER NO.KWA/AEE/VTC/E12/2014 ISSUED BY THE 4TH RESPONDENT DATED 28.10.2020.
APPENDIX OF WP(C) 26378/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 16.10.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR DATED 23.10.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28/10/2020 IN WPC NO.23079/2020.
APPENDIX OF WP(C) 1626/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER KNO.12521/JS1(EST)/2020/KWA DATED 16.10.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13-12-2017 IN W.P.(C)NO.24669/2017 EXHIBIT P3 TRUE COPY OF THE CIRCULAR NNO.13556/JS1(EST)/2020/KWA DATED 23-10-
2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 28-10-2020 IN W.P(C)NO.23079/2020.
True copy PS to Judge