Sreekumar P. J vs Managing Director
2021 Latest Caselaw 97 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                       WP(C).No.29094 OF 2020(J)


PETITIONER:

               SREEKUMAR P. J.
               AGED 43 YEARS
               S/O. P. V. JAGADAS, POKKALAYIL HOUSE, SOUTH ARYAD,
               KOMALAPURAM P. O., ALAPPUZHA, PIN - 688 521,

               BY ADV. SRI.DARSAN SOMANATH

RESPONDENTS:

      1        MANAGING DIRECTOR,
               KERALA WATER AUTHORITY, JALABHAVAN,
               THIRUVANANTHAPURAM, PIN - 695 033.

      2        THE EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION,
               THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689645.

      3        ASST. EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, P. H. SUB DIVISION,
               EDATHUA, ALAPPUZHA DISTRICT, PIN - 689507.

      4        DISTRICT COLLECTOR
               ALAPPUZHA, COLLECTRATE, CIVIL STATION,
               ALAPPUZHA, PIN - 688 001.

               GP- SRI. UNNIKRISHNA KAIMAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29094 OF 2020

                                        2




                                JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1 st respondent to hand over the service book/service record of the petitioner maintained in Kerala Water Authority to the District Collector, Alappuzha after making necessary entries in the service book to include the name of the petitioner in the Statutory Pension Scheme under Kerala Service Rules Part-III in the light of Ex.P4 Government Order, forthwith.

(ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing 1 st respondent to relieve the petitioner from Kerala Water Authority forthwith.

(iii) to declare that the 1st respondent is duty bound to relive the petitioner and to hand over the service book/service record of the petitioner to the District Collector Alappuzha where the petitioner is currently working"

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the Kerala Water Authority.

3. It is submitted by the learned counsel for the petitioner that

highlighting his grievances as against the action of the respondents in

not relieving him from the Kerala Water Authority to take up an

employment in the Revenue Department, the petitioner has preferred WP(C).No.29094 OF 2020

Ext.P9 representation before the 2 nd respondent, which is liable to be

considered.

4. The learned Standing Counsel appearing for the respondents

submits that the representation is to be considered by the 1 st

respondent, who would be able to take a proper decision in the

matter.

In the above view of the matter, this writ petition is disposed of

directing that in case the petitioner submits a copy of Ext.P9

representation before the 1st respondent, the same will be considered

without further delay by the 1st respondent. The petitioner shall

produce a copy of Ext.P9 representation or any further representation

he proposes to make before the 1st respondent along with a copy of

this judgment within two weeks. The 1st respondent shall take up the

said representation and consider and pass orders thereon within a

period of one month thereafter.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.29094 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ADVICE NO.KLR V(2) 2286/07(2) DATED 12.03.2013 FROM KERALA PUBLIC SERVICE COMMISSION.

EXHIBIT P2 TRUE COPY OF ADVICE NO.ARI (4) 122/06 DATED 26.10.2013 FROM KERALA PUBLIC SERVICE COMMISSION.

EXHIBIT P3 TRUE COPY OF GOVERNMENT ORDER NO.VIZ.

GO(P) NO.20/2013/FIN. DATED 07.01.2013.

EXHIBIT P4 TRUE COPY OF GOVERNMENT ORDER NO.VIZ.

GO(P) NO.279/2014/FIN. DATED 14.07.2014.

EXHIBIT P5 TRUE COPY OF COMMUNICATION VIDE NO.E71/91 DATED 02.05.2014 SEND BY ASST. EXECUTIVE ENGINEER, P. H. DIVISION, KERALA WATER AUTHORITY, EDATHUA TO DISTRICT COLLECTOR, ALAPPUZHA.

EXHIBIT P6 TRUE COPY OF COMMUNICATION SEND BY OFFICE BEARERS OF M/S. ALAPPUZHA DISTRICT WATER AUTHORITY EMPLOYEES CO-OPERATIVE SOCIETY TO ASST. EXECUTIVE ENGINEER, PH SUB DIVISION, KWA, EDATHUA DATED 24.01.2020.

EXHIBIT P7 TRUE COPY OF THE NON LIABILITY CERTIFICATE DATED 29.02.2020.

EXHIBIT P8 TRUE COPY OF COMMUNICATION NO.671/91 DATED 01.02.2020 SEND BY 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO 2ND RESPONDENT DATED NIL.

RESPONDENT'S/S EXHIBITS: NIL