Kerala High Court
Leena P.P vs The Kerala Water Authority on 16 July, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) No.31525/2015 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Friday, the 16th day of July 2021 / 25th Ashadha, 1943
WP(C) NO. 31525 OF 2015(M)
PETITIONERS:
1. LEENA P.P., DRAFTSMAN GRADE-I, OFFICE OF THE EXECUTIVE ENGINER,
KERALA WATER AUTHORITY, PH DIVISION, KOCHI-16.
2. SURESH BABU P.K., DRAUGHTSMAN GR.1 P.H.DIVISION, KERALA WATER
AUTHORITY, VADAKARA.
3. BINOJ KUMAR K.T., DRAUGHTSMAN GR.1, DISTRIBUTION SUB DIVISION-II,
KERALA WATER AUTHORITY, CIVIL STATION P.O., KOZHIKODE-673020.
4. SREEKUMAR P., DRAUGHTSMAN GR.I, P.H.SUB DIVISION, KERALA WATER
AUTHORITY, KOCHI-11.
5. SREELATHA R., DRAUGHTSMAN GR.I, P.H.DIVISION, KERALA WATER
AUTHORITY, PATHANAMTHITTA.
6. ANITHA N.NAIR, DRAUGHTSMAN GR.1, P.H.DIVISION, KERALA WATER
AUTHORITY, KOCHI-16.
7. GRACY M.A., DRAUGHTSMAN GR.1, CE(CR), KERALA WATER AUTHORITY,
KOCHI-11.
8. JESSY THOMAS, DRAFTSMAN GRADE-I, PROJECT DIVISION, KERALA WATER
AUTHORITY, ADOOR.
RESPONDENTS:
1. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR,
VELLAYAMABALAM, TRIVANDRUM.
2. THE DEPUTY CHIEF ENGINEER,(GL), KERALA WATER AUTHORITY,
VELLAYAMABALAM, TRIVANDRUM.
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, SULTHAN 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-
WP(C) No.31525/2015 2/7
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.
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.SALIH, 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 A.V., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, QUALITY
CONTROL, DISTRICT LAB, KASARAGOD.
25. BABU R., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, P.H.SECTION,
KUZHALMANDAM.
26. LOVELY A.P., ASSISTANT ENGINEER, KERALA WATER AUTHORITY, SEWARAGE
SECTION, KOCHI.
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 NO. 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 AZEEZ 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. PRABHODHINI T.N., ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
WP(C) No.31525/2015 3/7
P.H.SECTION, ALUVA.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Exhibit P3 and P3(a) orders, in so far as it promote the
respondents 3 to 36 as Assistant Engineer and issue an interim direction
directing the official respondents to effect further promotion to the post
of Draftsman Gr.I strictly based on the seniority rule contained in Rule
27(a) and 27(c) of the K.S. & S.S.R., pending disposal of this writ
petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this court's order dated
27.08.2019, 16.06.2020,02.07,2021 and 08.07.2021 and upon hearing the
arguments of SRI.P.C.SASIDHARAN, Advocate for the
petitioners, SRI.P.BENJAMIN PAUL, STANDING COUNSEL for R1 and R2 and
of SRI.VARUN C.VIJAY, Advocate for R12, R13, R18 and R19, the court passed
the following:
p.t.o
WP(C) No.31525/2015 4/7
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.31525 of 2015
--------------------------------
Dated this the 16th day of July 2021
ORDER
When this matter came up for consideration on 27.08.2019, this Court passed the following order:
"Learned counsel for the petitioners to take steps to see that service of notice is served on the respondents is complete on the next date of posting.
If steps are not taken on the next posting date, the writ petition will be dismissed for non prosecution."
2. Thereafter, when this matter again came up for consideration on 16.06.2020, this Court passed the following order:
"This I.A. is filed seeking declaration of service on respondents 3, 6, 8, 14 to 16, 24, 26, 30, 34 to 36. Registry has on verification pointed out that notice on respondents 3, 6, 8, 14 to 16, 24, 26, 30, 34 to 36 are not completed.
2. On verification Registry has stated that notice to respondent no.3 is returned with the endorsement "addressee left without instruction". Therefore petitioner has to take steps on respondent no.3.
3. In respect of respondent no.6 the WP(C) No.31525/2015 5/7 2 notice is returned with the endorsement "left". Petitioner has to take fresh steps on respondent no.6
4. With respect to respondent no.8 it is returned "unclaimed". Under the 2nd proviso to Rule 51(2) of the Rules of the High Court, petitioner has to take steps again. In respect of respondent no.14, endorsement is "addressee left without instruction". Therefore petitioner has to take fresh steps on respondent no.14.
5. Regarding respondent no.15, endorsement is "not known". Petitioner has to take fresh steps.
6. Regarding respondent no.16 endorsement is "left". Therefore the petitioner has to take steps for 16th respondent also.
7. In respect of respondent no.26 the endorsement is "not clear". Therefore the petitioner has to take steps for respondent no.26 also.
8. Endorsement with respect to respondent no.30 is "addressee left". Therefore the petitioner has to take fresh steps.
9. In respect of respondent no.34 endorsement is "returned unserved". Therefore the petitioner has to take fresh steps.
10. In the case of respondent no.35, endorsement is acknowledgment card not returned after service and in the case of respondent no.36 the endorsement is "returned without signature". Therefore, with respect to respondent nos.8, 35 and 36 service of notice is declared as complete.
11. Petitioner shall take fresh steps for service of notice on respondents 3, 6, 14, 15, 16, 26, 30 and 34."
3. I.A.No.3/2020 is filed to declare service WP(C) No.31525/2015 6/7 3 under Rule 51(3) of the High Court Rules. When this I.A. again came up for consideration before this Court on 02.07.2021 and 08.07.2021, this Court directed the Registry to verify the records to find out whether notice to the respondents mentioned in I.A.No.3/2020 was send and the acknowledgment card is received or not. The report submitted by the Registry is extracted hereunder:
"Notice to R3- Returned with endorsement "Addressee left without instruction". Notice to R6 - Returned with endorsement "Left".
Notice to R8 - Returned stating "unclaimed". Notice to R14 - Returned with endorsement "Addressee left without instruction". Notice to R15 - Returned with endorsement "Not known". Notice to R16 - Returned with endorsement "Left". Notice to R24 - A/D card not returned after service. Notice to R26 - Returned with endorsement "Not clear". Notice to R30 - Returned with endorsement "Addressee left". Notice to R34 - Returned unserved. Notice to R35 - A/D card not returned after service. Notice to R36 - A/D card returned without signature.
Hence for R24 and R35, A/D card not returned after service. As per order dated 16.6.2020, fresh steps for service of notice on Respondents 3, 6, 14, 15, 16, 26, 30 and 34 not taken till date."
4. The learned counsel for some of the WP(C) No.31525/2015 7/7 4 contesting respondents submitted that the Division Bench was pleased to set aside the judgment of the learned Single judge mainly for the reason that there is non joinder of parties. Even now the service to the respondents is not complete. The learned counsel for some of the contesting respondents submitted that their promotion is indefinitely delayed because of the pendancy of this writ petition. In the light of the above facts, two weeks time more can be granted to the petitioners for taking appropriate steps to complete the service. If there is no steps taken, the writ petition will stand dismissed.
Post on 04.08.2021.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM 16-07-2021 /True Copy/ Assistant Registrar