Vinod T.P vs State Of Kerala
2022 Latest Caselaw 12346 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                         WP(C) NO. 36752 OF 2022
PETITIONERS:

     1       VINOD T.P.,
             AGED 47 YEARS
             S/O. PANKAJAKSHAN, THATTARIL HOUSE, SOUTH CHITTOOR,
             ERNAKULAM-682 027, PRESENTLY WORKING AS HEAD FITTER,
             KERALA WATER AUTHORITY, KADAVANTHRA,
             ERNAKULAM-682 020

     2       ARJUN MOHAN. P.C,
             S/O.MURALI MOHAN, AGED 28 YEARS, MOHANAM HOUSE,
             PALADANCHIRAKKAL, GURUVAYOORAPPAN COLLEGE, KOZHIKODE-673
             014 PRESENTLY WORKING AS OFFICE ATTENDANT, KERALA WATER
             AUTHORITY, SAROVARAM, KOZHIKODE-673 004.

     3       VARGHESE VIJESH,
             AGED 40 YEARS, S/O K.D.JOSEPH, KURIAPPILLY HOUSE,
             THURUTHUR PUTHANVELIKKARA (PO),
             ERNAKULAM DISTRICT-683594, PRESENTLY WORKING AS OPERATOR,
             KERALA WATER AUTHORITY, PH SECTION, VADAKKEKARA,
             ERNAKULAM-683 522.

     4       MUHAMMED SHERIEF.T.M,
             AGED 45 YEARS, S/O T.P.MARAKKAR THUPPANATH HOUSE, ELOOR
             EAST UDYOGAMANDAL (PO), ERNAKULAM DISTRICT-683 501,
             PRESENTLY WORKING AS OPERATOR, KERALA WATER AUTHORITY,
             H.W SECTION, ALUVA, ERNAKULAM- 683 101.

     5       SHAJU ANTONY,
             AGED 53 YEARS KACHAPPILLY HOUSE, KONOOR, NALUKETTU PO,
             THRISSUR DISTRICT -680 308 PRESENTLY WORKING AS OPERATOR
             KERALA WATER AUTHORITY, P.H.SECTION, ANGAMALY ERNAKULAM
             DISTRICT -683 572

     6       SAROOP.M,
             AGED 31 YEARS, SARATHY HOUSE, PUNNAPPALA PO, WANDOOR,
             MALAPURAM DISTRICT -679328, PRESENTLY WORKING AS
             OPERATOR, KERALA WATER AUTHORITY, P.H.SECTION,
             PERINTHALMANNA-678 322.
 WP(C) NOs.36752/2022 & 36809/2022   2

      7      SHAMEEM, MP,
             AGED 34 YEARS UNDAPILAKKIL, PALANGAD, NARIKUNI,
             KOZHIKODE-673585 PRESENTLY WORKING AS SURVEYOR GR.I
             KERALA WATER AUTHORITY, P.P.D.CAMP OFFICE, KOZHIKODE-673
             020.

      8      JINCY K.P,
             AGED 31 YEARS, KIZHAKKEPUTHENVALAPPIL, KOTHAMANGALAM,
             KOYILANDY PO, KOZHIKODE DISTRICT -673 305 PRESENTLY
             WORKING SURVEYOR GR.I, KERALA WATER AUTHORITY PPD,
             KOZHIKODE-673 020.

      9      BIJU AMBILOTH,
             AGED 45 YEARS KANHILERI, CHERIKKODE, KANNUR - 670 631
             PRESENTLY WORKING OPERATOR, KERALA WATER AUTHORITY HW
             SECTION, IRIKKOOR, KANNUR-670 593.

     10      JOMON.T.L,
             AGED 41 YEARS THALAKOTTUR HOUSE, KK ROAD, PAVARATTY PO,
             THRISSUR -680 507 PRESENTLY WORKING OPERATOR, KERALA
             WATER AUTHORITY, WATER WORKS SECTION NO.II, THRISSUR-680
             020.

             BY ADVS.
             K.MOHANAKANNAN
             H.PRAVEEN (KOTTARAKARA)



RESPONDENTS:

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

      2      KERALA WATER AUTHORITY,
             REPRESENTED BY ITS MANAGING DIRECTOR,
             THIRUVANANTHAPURAM-695001.

      3      KERALA PUBLIC SERVICE COMMISSION,
             REPRESENTED BY ITS SECRETARY, PATTOM P.O,
             THIRUVANANTHAPURAM-695004.
 WP(C) NOs.36752/2022 & 36809/2022   3

             BY ADV P.M.JOHNY
             V.K.SUNIL SR GP
             P.C.SASIDHARAN




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, ALONG WITH WP(C).36809/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOs.36752/2022 & 36809/2022     4



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                           WP(C) NO. 36809 OF 2022
PETITIONERS:

      1       REXIN PS
              AGED 46 YEARS
              S/O K P SREENIVASAN(LATE),
              OPERATOR, KERALA WATER AUTHORITY.
              WS SUB DIVISION, KOLLAM, PIN - 691001

      2       ROY N.P
              AGED 44 YEARS
              S/O N.C PORINCHU
              OPERATOR, KERALA WATER AUTHORITY
              P H SECTION, GURUVAYOOR , PIN - 680101

      3       JITHESH V
              AGED 31 YEARS
              S/O BALAKRISHNAN V,
              OPERATOR, KERALA WATER AUTHORITY
              PH SUB DIVISION, KANHANGAD
              PIN - 671315

      4       ROY THOMAS
              AGED 44 YEARS
              S/O THOMAS,
              OPERATOR, KERALA WATER AUTHORITY
              HEAD WORK SUB DIVISION, PERUVANNAMUZHI, PIN - 673526

      5       AJI BALAKRISHNAN
              AGED 43 YEARS
              S/O BALAKRISHNAN(LATE)
              OPERATOR, KERALA WATER AUTHORITY,
              PH SUBDIVISION, KADAKKAL, PIN - 691536

      6       PURUSHOTHAMAN.K.V
              AGED 42 YEARS
 WP(C) NOs.36752/2022 & 36809/2022   5

             S/O PADMANABHAN.K.V ( LATE )
             OPERATOR, KERALA WATER AUTHORITY,
             PH SECTION, CHERUVATHUR, PIN - 671313

      7      SUMESH K.S
             AGED 42 YEARS
             S/O SIVADASAN PILLAI.P(LATE)
             OPERATOR, KERALA WATER AUTHORITY,
             P H SECTION, CHAVARA, PIN - 691583

      8      SOORAJ K N
             AGED 37 YEARS
             S/O NARAYANAN K V, OPERATOR
             KERALA WATER AUTHORITY, PH SECTION KUMBALA,
             KASARAGOD , PIN - 671321

      9      VISHNU PRATHAP NAIR P
             AGED 35 YEARS
             S/O PEETHAMBARAN NAIR
             OPERATOR. KERALA WATER AUTHORITY,
             PH SUBDIVISION, KOTTAYAM-
             PIN - 686002

     10      SAJU.M
             AGED 35 YEARS
             S/O SOMASUNDARAN
             OPERATOR. KERALA WATER AUTHORITY,
             PHSUBDIVISION, MALAPPURAM, PIN - 676505

     11      ABHILASHKUMAR .M
             AGED 34 YEARS
             S/O ARAVINDHAKSHAN.M,
             OPERATOR. KERALA WATER AUTHORITY,
             WS AUGMENTATION SECTION, PALAKKAD, PIN - 678001

     12      VISHNU V
             AGED 33 YEARS
             S/O VIJAYAN V,
             OPERATOR, KERALA WATER AUTHORITY
             PH SUBDIVISION EDATHUA, THIRUVALLA
             PIN - 689573
 WP(C) NOs.36752/2022 & 36809/2022   6

     13      ABHILASH S
             AGED 31 YEARS
             S/O SREEDHARAN PILLAI K
             OPERATOR, KERALA WATER AUTHORITY,
             HEAD WORKS SECTION, SASTHAMCOTTA, PIN - 690521

     14      JUBY PAUL CHERIAN
             AGED 31 YEARS
             S/O N. C CHERIAN( LATE ) ,
             OPERATOR, KERALA WATER AUTHORITY
             P. H SUB DIVISION, MALLAPPALLY , PIN - 689585

     15      ANUP M
             AGED 31 YEARS
             S/O K MOHANAN NAIR
             OPERATOR, KERALA WATER AUTHORITY
             WATER SUPPLY SUBDIVISION, ARUVIKKARA, PIN - 695564

     16      AKSHAY RAJ V
             AGED 31 YEARS
             S/O M P VIJAYAKUMAR(LATE)
             OPERATOR, KERALA WATER AUTHORITY
             WATER SUPPLY SUBDIVISION, ARUVIKKARA, PIN - 695564

     17      FAHEEM.V
             AGED 31 YEARS
             S/O VEERANKOYA V,
             OPERATOR, KERALA WATER AUTHORITY
             PH SECTION, AREEKODE
             PIN - 673639

     18      JAIMON SEBASTIAN
             AGED 29 YEARS
             S/O SEBASTIAN A L
             OPERATOR, KERALA WATER AUTHORITY,
             PH SECTION OLLUR, PIN - 680306

     19      KRISHNAKUMAR M G
             AGED 42 YEARS
             S/O M M GOPALAKRISHNAN
             OPERATOR, KERALA WATER AUTHORITY,
             PHMC SECTION, KOTTAYAM
             ,PIN - 686008
 WP(C) NOs.36752/2022 & 36809/2022   7

             BY ADVS.
             JOHNSON JOSE PANJIKKARAN
             RIMJU P.H.



RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             WATER RESOURCES DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

      2      KERALA WATER AUTHORITY
             REPRESENTED BY ITS MANAGING DIRECTOR,
             THIRUVANANTHAPURAM, PIN - 695001

      3      KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, PATTOM P.O,
             THIRUVANANTHAPURAM, PIN - 695004

             BY ADV P.M.JOHNY
             M.RAJEEV GP
             P.C.SASIDHARAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, ALONG WITH WP(C).36752/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOs.36752/2022 & 36809/2022      8

                                    JUDGMENT

Dated this the 23rd day of December, 2022

Heard the learned counsel for the petitioners, the learned

Government Pleader, learned Counsel appearing for the Kerala

Water Authority and learned Counsel appearing for the Kerala

Public Service Commission.

2. Having considered the contentions advanced, I notice

that the finding in Ext.P12 order of the Government specifically at

paragraph 6(1) thereof is incorrect and against the facts. It is

clear from Ext.P10 recommendation issued by the Kerala Water

Authority that the recommendation was specifically for passing of

an Executive order granting permission to eligible persons in the

posts lower to the post of Assistant Engineer to participate in the

selection being conducted by the PSC for By-transfer

appointment, in accordance with law.

3. In the above view of the matter, I am of the opinion that

the Government has not considered the matter in the proper

perspective. I also notice that since the special rules ie. the Kerala

State Public Subordinate Service Rules have been adopted in the WP(C) NOs.36752/2022 & 36809/2022 9

Kerala Water Authority by an executive order, it is open to the

Government to pass an executive order exempting or relaxing the

rigour of the special rules in accordance with the provisions of the

draft special rules.

In the above view of the matter, Ext.P12 order is set aside.

There will be a direction to the Government to pass fresh orders

taking specific note of Ext.P10 recommendation issued by the

Kerala Water Authority so as to permit the petitioners to

participate in the selection process. Appropriate orders shall be

passed within a period of three weeks from the date of receipt of

a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE ska WP(C) NOs.36752/2022 & 36809/2022 10

APPENDIX OF WP(C) 36752/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23-10-2018 W.P(C) NO.9877/2014.

Exhibit P2 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 29-10-2018 IN W.P(C) W.P(C) NO. 10988/2017.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION (C) 9844/2021 DATED 25-05-2021.

Exhibit P4 TRUE COPY OF THE LETTER NO.14980/E1/2020/KWA OF THE 2ND RESPONDENT DATED 20-12-2021 WITH THE DRAFT RULES VI-3, KERALA WATER AUTHORITY ENGINEERING SERVICE RULES 2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 19058/2012 DATED 31-12-2012.

Exhibit P6 TRUE COPY OF THE NOTIFICATION NO.138/2022 DATED 4-5-2022 PUBLISHED BY THE PSC.

Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION NO.15793/2022 DATED 7-6-2022.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WA 968/2022 DATED 16-8-2022.

Exhibit P9 TRUE COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 16-5- 2022.

Exhibit P10 TRUE COPY OF THE REPORT FORWARDED BY THE 2SND RESPONDENT TO THE 1ST RESPONDENT DATED 28-5- 2022.

Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 14-10-22 WP(C) NOs.36752/2022 & 36809/2022 11

IN WRIT PETITION NO. 1860/2022 AND CONNECTED CASES.

Exhibit P12 TRUE COPY OF THE GO(RT)NO.990/2022/WRDD DATED 7-11-2022.

Exhibit P13 TRUE COPY OF THE GO (RT)NO.536/2008/WRD DATED 28-5-2008.

Exhibit P14 TRUE COPY OF THE ERRATUM NOTIFICATION DATED 25-8-2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P15 TRUE COPY OF THE GO(MS)NO.47 /2014/P&ED DATED 24-10-2014.

Exhibit P16 TRUE COPY OF THE GO(P)NO.7/2016/HEDN DATED 26-

2-2016.

WP(C) NOs.36752/2022 & 36809/2022 12

APPENDIX OF WP(C) 36809/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 19058/2012 DATED 31-12-2012

Exhibit P2 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23-10-2018 IN W.P(C) NO.9877/2014

Exhibit P3 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 29-10-2018 IN W.P(C) NO. 10988/2017

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WRIT PETITION(C) 9844/2021 DATED 25-05-2021

Exhibit P5 TRUE COPY OF THE LETTER NO.14980/E1/2020/KWA OF THE 2ND RESPONDENT DATED 20-12-2021 WITH THE DRAFT RULES VI-3, KERALA WATER AUTHORITY ENGINEERING SERVICE RULES 2021

Exhibit P6 TRUE COPY OF THE NOTIFICATION NO.138/2022 DATED 4-5-2022 PUBLISHED BY THE PSC

Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED IN WRIT PETITION NO.1860/2021 AND CONNECTED CASES DATED 7-6-2022

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WA 1009/2022 AND CONNECTED CASES DATED 16-8-2022

Exhibit P9 TRUE COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 16-5-

Exhibit P10 TRUE COPY OF THE REPORT FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 28-5-

Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 14-10- WP(C) NOs.36752/2022 & 36809/2022 13

2022 IN WRIT PETITIONNO.1860/2021 AND CONNECTED CASES

Exhibit P12 TRUE COPY OF GO(RT)NO.990/2022/WRDD DATED 7-

11-2022

Exhibit P13 TRUE COPY OF THE GO (RT)NO.536/2008/WRD DATED 28-5-2008

Exhibit P14 TRUE COPY OF ERRATUM NOTIFICATION DATED 25-8-

2021 ISSUED BY 3RD RESPONDENT

Exhibit P15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 12-01-2021

Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED NIL ALONG WITH ACKNOWLEDGMENT DATED 8-3-2022

Exhibit P17 TRUE COPY OF THE REPRESENTATION SUBMITTED BY INTUC TO 2ND RESPONDENT DATED 28-10-2022

Exhibit P18 TRUE COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER TO 3RD RESPONDENT DATED 11-11-

Exhibit P19 TRUE COPY OF THE GOVERNMENT ORDER DATED 24-10-

Exhibit P20 TRUE COPY OF THE GOVERNMENT OF KERALA GAZETTE DATED 26-02-2016

Exhibit P21 TRUE COPY OF THE ADDENDUM NOTIFICATION BEARING NO.LR I(2) 1074/2011/LW DATED 19-03-2014 ISSUED BY THE 3RD RESPONDENT