Kerala High Court
Vijayagopal M vs The State Of Kerala on 6 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 31565 OF 2024 : 1 :
2024:KER:67684
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA,
1946
WP(C) NO. 31565 OF 2024
PETITIONER:
VIJAYAGOPAL M, AGED 70 YEARS
S/O VELAYUDHAN NAIR, MOOZHIKKAL HOUSE,
MUNDAKKAL P.O, CHERUVAYOOR,
MALAPPURAM DISTRICT, PIN - 673545
BY ADVS.
K.R.RAJKUMAR
JAGADEESH LAKSHMAN
R.K.RAKESH
NANDANA BABU T.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
WATER RESOURCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE MANAGING DIRECTOR
KERALA WATER AUTHORITY, JALABHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033
3 THE FINANCE MANAGER
KERALA WATER AUTHORITY, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695003
4 THE CHIEF ENGINEER
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KERALA WATER AUTHORITY, NORTHERN REGION,
BSNL STAFF QUARTERS ROAD, MALAPARAMBU,
KOZHIKODE, PIN - 673017
5 THE EXECUTIVE ENGINEER
P H SUB DIVISION, KERALA WATER AUTHORITY,
SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 676505
6 THE ASSISTANT EXECUTIVE ENGINEER
P H SUB DIVISION, KERALA WATER AUTHORITY,
SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 676505
R BY SR.GP SMT.MARY BEENA JOSEPH
R BY SRI.P.M.JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner retired from the service of
the Kerala Water Authority (KWA) on 31.03.2010.
The petitioner was initially appointed in KWA
through Employment Exchange by Ext.P1 and
thereafter, by Ext.P2, on daily wages. Later, by
Ext.P3, the petitioner and similarly situated
persons were regularised in KWA in the light of the
decision of the Hon'ble Supreme Court in Jacob v.
Kerala Water Authority [1990 (2) KLT 673]. The
petitioner has submitted Ext.P5 representation
before the 2nd respondent to count his period of
provisional employment before regularisation for
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calculating his pensionary benefits. The limited
prayer of the petitioner in this writ petition is for a
direction to the 2nd respondent to consider and
pass orders on Ext.P5 representation,
expeditiously.
2. Heard the learned counsel for the
petitioner, the learned Government Pleader and
Sri.P.M.Johny, the learned Standing Counsel for
the Water Authority.
3. In view of the limited prayer of the
petitioner, there will be a direction to the 2 nd
respondent to consider Ext.P5 representation, as
expeditiously as possible, at any rate, within a
period of two months from the date of receipt of a
copy of this judgment. It is made clear that this
Court has not expressed any opinion or views on
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the merits of the writ petition or on Ext.P5
representation.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER NO. E2/673/85
ISSUED BY THE 5TH RESPONDENT DATED 15-
02-1988
Exhibit P2 THE TRUE COPY OF THE ORDER NO. E2-20/84
ISSUED BY THE 5TH RESPONDENT DATED 23-
02-1988
Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT WITH NO. KWA/JB/E1-
15489/VOL. II/94 DATED 16-01-2006
Exhibit P4 THE TRUE COPY OF THE CIRCULAR NO.
KWA/JB/E1/15489/94 OF THE 2ND RESPONDENT
DATED 22-05-2014
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY PETITIONER BEFORE THE 2ND
RESPONDENT DATED 20-09-2023
Exhibit P6 THE TRUE COPY OF THE RELEVANT PAGE OF
THE GOVERNMENT ORDER (P) NO. 2357/99/FIN
DATED 25-11-1999 PUBLISHED BY THE
FINANCE (PENSION -B) DEPARTMENT IN THE
KERALA GAZETTE
