Kerala High Court
Ajith C.N. Aged 44 Years vs Kerala Water Authority on 29 May, 2013
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY, THE 25TH DAY OF NOVEMBER 2013/4TH AGRAHAYANA, 1935
WP(C).No. 27701 of 2013 (K)
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PETITIONER(S):
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AJITH C.N. AGED 44 YEARS
S/O.R.NARAYANAN, CHANAMCHERIL HOSUE, MANNANCHERRY P.O.
ALAPPUZHA.
BY ADVS.SRI.VARGHESE PREM
SMT.VINAYA V.NAIR
RESPONDENTS:
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1. KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN
THIRUVANANTHAPURAM - 695 001.
2. ASSISTANT EXECUTIVE ENGINEER
P.H.SUB DIVISION, KERALA WATER AUTHORITY,
ALAPPUZHA - 688 538.
3. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO SOCIAL WELFARE DEPARTMENT
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
R1,R2 BY ADV. SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY
R3 BY GOVERNMENT PLEADER SMT.A.LOWSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27701 of 2013 (K)
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APPENDIX
PETITIONER'S EXHIBITS
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EXHIBIT P1.A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE MEDICAL
BOARD, DISTRICT HOSPITAL, ALAPPUZHA.
EXHIBIT P2.TRUE COPY OF THE ORDER OF REPOSTING DATED 29/5/2013.
EXHIBIT P3.TRUE COPIES OF THE DISCHARGE CERTIFICATES FOR THE PERIOD
FROM 1/12/1997 TO 28/5/1998.
EXHIBIT P4.TRUE COPIES OF THE DISCHARGE CERTIFICATES FOR THE PERIOD
FROM 23/12/1999 TO 18/6/2000.
EXHIBIT P5.TRUE COPIES OF THE DISCHARGE CERTIFICATES FOR THE PERIOD
FROM 24/10/2002 TO 20/4/2003.
EXHIBIT P6.TRUE COPY OF THE IDENTITY CARD ISSUED BY THE EMPLOYMENT
EXCHANGE.
EXHIBIT P7.TRUE COPY OF THE IDENTITY CARD ISSUED BY THE SOCIAL
WELFARE DEPARTMENT.
EXHIBIT P8.TRUE COPY OF THE TRADE CERITIFICATE.
EXHIBIT P9.A TRUE COPY OF THE FORMAL REPRESENTATION MADE TO THE
COMPETENT AUTHORITY THROUGH PROPER CHANNEL.
EXHIBIT P10.TRUE COPIES OF THE GOVERNEMNT ORDER NO.40/13 DATED
18/5/2013.
EXHIBIT P11.TRUE COPIES OF THE GOVERNEMNT ORDER NO.63/13 DATED
7/8/2013.
RESPONDENT(S)' EXHIBITS: NIL
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// TRUE COPY //
TKS
P.S. TO JUDGE
C.T.RAVIKUMAR, J.
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W.P.(C)No.27701 of 2013
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Dated 25th November, 2013
JUDGMENT
The petitioner is working on provisional basis as Pump Operator under the Kerala Water Authority. Earlier, he had such provisional service in three spells from 1.12.1997 to 28.5.1998, from 23.12.1999 to 18.6.2000 and from 24.10.2002 to 20.4.2003. According to the petitioner, he is a physically handicapped person with locomotor disability of 40%. The petitioner has produced Ext.P1 to substantiate the said contention. Government have issued Exts.P10 and P11 orders whereby they have proposed to give reappointment to the physically handicapped persons who worked on provisional basis from 16.8.1999 to 31.12.2003 on being sponsored through Employment Exchange. The contention of the petitioner is that he is entitled to get the benefits under Exts.P10 and P11. In the said circumstances, seeking such benefits flowing from Exts.P10 and P11 he submitted Ext.P9 representation before the first respondent. Ext.P9 representation is still pending before the first respondent.
2. I have heard the learned counsel for the petitioner and also the learned Government Pleader.
WP(C).No.27701/2013 2
3. I am of the considered view that since the petitioner has moved the first respondent through Ext.P9 representation seeking the benefits under Exts.P10 and P11 the petitioner has to pursue with the same. The first respondent is competent to consider the said claim of the petitioner. In the said circumstances, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P9 representation submitted by the petitioner, taking into account the spells of service referred above rendered by the petitioner on provisional basis and also Exts.P1, P10 and P11, expeditiously and in accordance with law, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. The learned counsel for the petitioner further submitted that though the service of the petitioner was terminated with effect from 23.11.2013 certain similarly situated persons are permitted to continue in service. Since the petitioner has already been terminated from the service on expiry of his term of appointment I do not think that, as a matter of right, the petitioner can claim for continuance, on provisional basis. However, it will be open to the respondents to re-engage the petitioner in case of necessity, on provisional basis pending decision on Ext.P9 representation.
Sd/-
C.T.RAVIKUMAR Judge TKS