Prabhoth Chandran M vs State Of Kerala
2021 Latest Caselaw 12545 Ker

WP(C) NO. 9844 OF 2021                1


                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
           TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
                            WP(C) NO. 9844 OF 2021
PETITIONERS:

     1     PRABHOTH CHANDRAN M.
           AGED 55 YEARS
           S/O. DAMODARAN NAIR, ELECTRICAL OVERSEER GR.I, HEAD WORKS
           SUBDIVISION, KWA, MALAPARAMBA, KOZHIKODE - 673009, RESIDENTIAL
           ADDRESS - PARAM VEEDU, VENGERI POST, KOZHIKODE - 673010.

     2     ABUL FAZIL A.
           AGED 55 YEARS
           S/O. S. ABDUL AZEEZ, ELECTRICAL OVERSEER GR.I, OPERATIONS,
           KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM -
           695033., RESIDING AT TC 43/649/25, KGRA - 24, KAIRALI GARDENS,
           KAMALESWARAM, MANACAUD P. O., THIRUVANANTHAPURAM - 695 009.

            BY ADV VARUN C.VIJAY



RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER
            RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

     2      KERALA WATER AUTHORITY
            REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.

     3      MANAGING DIRECTOR
            KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
            THIRUVANANTHAPURAM - 695 033.

     4      BOARD OF DIRECTORS
            REPRESENTED BY CHAIRMAN, KERALA WATER AUTHORITY, , JALABHAVAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.

           BY ADV SMT.MARY BENJEMIN
 WP(C) NO. 9844 OF 2021             2



           SR GP BIJOY CHANDRAN



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9844 OF 2021                   3


                                    JUDGMENT

This writ petition is filed challenging Ext.P3 order and

seeking directions to the respondents to promote the petitioners to

the post of Assistant Engineer (Electrical) with retrospective effect

in accordance with Ext.P2 Draft Rules.

2. Heard the learned counsel for the petitioners, the learned

Standing Counsel appearing for the Water Authority as well as the

learned Senior Government Pleader appearing for the 1 st

respondent.

3. It is submitted that the petitioners are working as Electrical

Overseer Gr.I and that they are due to retire from service on

31.05.2021. It is submitted that they are the senior most qualified

candidates for promotion to the post of Assistant Engineer

Electrical in terms of Ext.P2 Draft Special Rules. However, the

promotions are not being effected on the ground that the Draft

Special Rules are pending finalization before the 1st respondent. It

is submitted by the learned counsel for the petitioners that the

claims of those persons who are qualified and eligible as per Ext.P2

Draft Special Rules are being defeated on account of the delay in

finalization of the Special Rules. It is further submitted that Exts.P4

and P5 orders have been passed in case of identically situated hands

granting them provisional promotions subject to the finalization of

the Special Rules.

4. The learned Standing Counsel appearing for the respondent

Authority submits that the request made by the petitioners for

promotion has been considered by the Authority and rejected by

Ext.P3, in view of the fact that the Special Rules had not been

finalized and are pending before the 1st respondent. It is submitted

that the Authority had taken follow up action with the Government

for finalization of the Rules. But the same is pending.

5. The learned Government Pleader submits that the Draft

Rules are pending before the Subject Committee and that some time

may be required for the finalization of the same. It is submitted that

in case the follow up by the Authority for finalization of the Rules

has been taken or is taken and forwarded to the Government,

appropriate steps for finalization of the Rules will be taken by the

1st respondent. It is further submitted by the learned counsel for the

petitioners that the claims of those persons, who retired while the

Draft Rules were pending before the 1st respondent, is also liable to

be considered by the 1st respondent while finalizing the Rules.

6. Having considered the conventions advanced on all sides, I

am of the opinion that the Draft Technical Service Rules are liable

to be taken up and finalized by the 1st respondent without undue

delay. In view of the submission that the matter is pending before

the Subject Committee, I refrain from fixing a time limit for the

finalization of the Rules. However, I am sure that appropriate

follow up action for finalization of the Rules will be taken by the 1 st

respondent without undue delay. The claims of persons like the

petitioners, who have retired during the time taken by the 1 st

respondent for finalization of the Rules, shall also be duly

addressed by the 1st respondent while finalizing the Rules.

With the above directions, this writ petition is disposed of.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX ANNEXURE/EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.KWA/JB/E7/6415/2000 VOL.II DATED 20.03.2019 PERTAINING TO THE 2ND PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PART OF THE DRAFT SPECIAL RULES (KERALA WATER AUTHORITY TECHNICAL SERVICE RULES, 2018)

EXHIBIT P3 TRUE COPY OF THE DECISION TAKEN AT THE 418TH MEETING OF KWA HELD ON 28.01.2021.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.KWA/JB/E2/5210/2003 DATED 11.06.2003.

EXHIBIT P5 TRUE COPY OF ORDER NO.KWA/JB/E8/7583/2000 DATED 06.03.2019.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 29.05.21 IN W.P.(C) 8077/2021.