Citation : 2021 Latest Caselaw 21087 Ker
Judgement Date : 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 22251 OF 2021
PETITIONERS:
1 RADHAKRISHNAN P.K.
AGED 62 YEARS
S/O. KUMARAN, RETD.OPERATOR, HIGHER GRADE,
P.H.SECTION, KERALA WATER AUTHORITY (K.W.A.),
OTTAPALAM SUB DIVISION, PALAKKAD-679 101,
RESIDING AT PARAKKAT HOUSE, PURANATTUKARA P.O.,
THRISSUR-680 551
MOB: 9496292619
2 SASIKUMAR.M.S.,
AGED 60 YEARS
S/O. M.K.SIVARAMAN, RETD., OPERATOR HIGHER GRADE,
WATER SUPPLY AUGUMENTION SECTION, KERALA WATER
AUTHORITY, PALAKKAD, RESIDING AT MANIYANKKAD,
3RD STREET, KOPPAM, PALAKKAD-678 001
MOB: 94964374437
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE MANAGING DIRECTOR,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM-695 001
3 THE CHIEF ENGINEER,
NORTHERN REGION, KERALA WATER AUTHORITY,
MALAPPARAMBU, KOZHIKKODE-673 009
4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY, JALA BHAVAN,
WP(C) NO. 22251 OF 2021
2
THIRUVANANTHAPURAM-695 001
5 THE SUPERINTENDING ENGINEER,
P.H.CIRCLE, KERALA WATER AUTHORITY,
PALAKKAD-673 009
6 THE EXECUTIVE ENGINEER,
PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
PALAKKAD-678 007
BY ADVS.
SRI. V.VENUGOPAL,GP
SRI. P.BENJAMIN PAUL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 22251 OF 2021
3
JUDGMENT
Dated this the 20th day of October, 2021
The petitioners are employed by Kerala Water
Authority, as operators. The grievance of the
petitioners is that though they had worked prior to
1980 as casual labourers, their initial casual labour
service is not reckoned for the purpose of granting
pension. Identical departments have permitted to
reckon it, as evident from Ext.P5, is the contention of
the petitioners. It is seen that the petitioners have
submitted Ext.P6 and Ext.P7 representations before
the first respondent, which are still pending
consideration.
2. After hearing the learned Counsel for the
petitioner, the learned Government Pleader and the
learned Standing Counsel for the Kerala Water
Authority, I am inclined to dispose of the Writ Petition
at the threshold, by directing the first respondent to
take up, consider and dispose of on merits Ext.P6 and WP(C) NO. 22251 OF 2021
Ext.P7 representations, as expeditiously as possible,
at any rate, within a period of three months from the
date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE SKP/20-10 WP(C) NO. 22251 OF 2021
APPENDIX OF WP(C) 22251/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF CASUAL LABOUR SERVICE CERTIFICATE OF THE FIRST PETITIONER ISSUED BY THE ASSISTANT ENGINEER, KWA, OTTAPALAM
EXHIBIT P2 A TRUE COPY OF CASUAL LABOUR SERVICE CERTIFICATE OF THE SECOND PETITIONER ISSUED BY THE ASSISTANT ENGINEER, KWA, PALAKKAD
EXHIBIT P3 A TRUE COPY OF GOVT.ORDER (G.O.) (RT) NO.279/2006/WRD DATED 1.3.2006
EXHIBIT P4 A TRUE COPY OF GOVT. ORDER G.O. (P) 17/99/IRD DATED 18.3.1999
EXHIBIT P5 A TRUE COPY OF GOVT. ORDER G.O. (RT) 588/2019/WRD DATED 17.8.2019
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 28.9.2021 SUBMITTED BY THE FIRST PETITIONER TO THE FIRST RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 6.9.2021 SUBMITTED BY THE SECOND PETITIONER TO THE FIRST RESPONDENT
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
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