N. Santhosh Philip vs The State Of Kerala
2025 Latest Caselaw 2353 Ker

Kerala High Court

N. Santhosh Philip vs The State Of Kerala on 13 January, 2025

                                     1

W.P.(C) Nos.22451 of 2018 and 9166 of 2019
                                                         2025:KER:2151

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    MONDAY, THE 13TH DAY OF JANUARY 2025 / 23RD POUSHA, 1946

                          WP(C) NO. 22451 OF 2018

PETITIONER:

              N. SANTHOSH PHILIP
              AGED 56, S/O LATE N.P.CHACKO,
              REVENUE OFFICER, WATER SUPPLY DIVISION,
              KERALA WATER AUTHORITY, KOCHI, RESIDING AT
              NANTHICKATTU HOUSE, MOOLAVATTOM, KOTTAYAM.

              BY ADVS.
              SRI.B.S.SWATHI KUMAR
              SMT.ANITHA RAVINDRAN
              SRI.O.A.ANJU
              SMT.P.S.BHAGYA SURABHI
              SRI.HARISANKAR N UNNI

RESPONDENTS:

1             THE STATE OF KERALA
              REPRESENTED BY SECRETARY, WATER RESOURCES
              DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN 695 001.
2             THE KERALA WATER AUTHORITY
              REPRESENTED BY ITS MANAGING DIRECTOR,
              JALABHAVAN, THIRUVANANTHAPURAM - 695001.
3             THE MANAGING DIRECTOR
              KERALA WATER AUTHORITY, JALABHAVAN,
              THIRUVANANTHAPURAM - 695 001.
4             THE DEPARTMENTAL PROMOTION COMMITTEE
              MINISTERIAL HIGHER, KERALA WATER AUTHORITY,
              REPRESENTED BY ITS CHAIRMAN,
              KERALA WATER AUTHORITY, JALABHAVAN,
              THIRUVANANTHAPURAM-695 001.
                                      2

W.P.(C) Nos.22451 of 2018 and 9166 of 2019
                                                    2025:KER:2151

              BY ADVS.
              SRI.P.M.JOHNY, SC
              SRI.P.BENJAMIN PAUL
              SRI.BINOY DAVIS, GP

       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.01.2025, ALONG WITH WP(C).9166/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                      3

W.P.(C) Nos.22451 of 2018 and 9166 of 2019
                                                         2025:KER:2151

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    MONDAY, THE 13TH DAY OF JANUARY 2025 / 23RD POUSHA, 1946

                           WP(C) NO. 9166 OF 2019

PETITIONER:

              N. SANTHOSH PHILIP,
              AGED 57 YEARS, S/O N.P. CHACKO,
              RETIRED REVENUE OFFICER, WATER SUPPLY DIVISION,
              KERALA WATER AUTHORITY, KOCHI, RESIDING AT
              NANTHICKATTU HOUSE, MOOLAVATTOM, KOTTAYAM.

              BY ADVS.
              SRI.B.S.SWATHI KUMAR
              SMT.ANITHA RAVINDRAN
              SRI.HARISANKAR N UNNI
              SMT.M.G.AISHWARYA
              SMT. REMYA RATNAM P.R.

RESPONDENTS:

1             STATE OF KERALA,
              REPRESENTED BY SECRETARY, WATER RESOURCES
              DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
2             THE KERALA WATER AUTHORITY,
              REPRESENTED BY ITS MANAGING DIRECTOR,
              JALABHAVAN, THIRUVANANTHAPURAM-695001.
3             THE MANAGING DIRECTOR,
              KERALA WATER AUTHORITYM JALABHAVAN,
              THIRUVANANTHAPURAM-695001.
4             THE DEPARTMENTAL PROMOTION COMMITTEE
              (MINISTERIAL HIGHER), KERALA WATER AUTHORITY,
              REPRESENTED BY ITS CHAIRMAN, KERALA WATER
              AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-695001.
                                      4

W.P.(C) Nos.22451 of 2018 and 9166 of 2019
                                                    2025:KER:2151

              BY ADVS.
              SRI.P.BENJAMIN PAUL
              SRI.P.M.JOHNY, SC
              SRI.BINOY DAVIS, GP



       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.01.2025, ALONG WITH WP(C).22451/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                      5

W.P.(C) Nos.22451 of 2018 and 9166 of 2019
                                                            2025:KER:2151

                  HARISANKAR V. MENON, J.
          ------------------------------
         W.P.(C) Nos.22451 of 2018 and 9166 of 2019
          ------------------------------
           Dated this the 13th day of January, 2025

                                   JUDGMENT

The petitioner has filed the captioned writ petitions, seeking

certain promotion benefits during the period when the petitioner

was in service. Insofar as it is admitted that the petitioner has

retired from the service of the respondent Kerala Water Authority

on 31.07.2018, the scope of the prayers in these writ petitions is

limited.

2. I notice that the petitioner has filed an application at

Ext.P8, seeking the afore benefits.

Having heard Smt.Anitha Ravindran, the learned counsel for

the petitioner and Sri.P.M.Johny, the learned Standing Counsel for

the Kerala Water Authority, these writ petitions would stand

disposed of, directing the respondent Kerala Water Authority to

consider and pass orders on Ext.P8, strictly in accordance with

law, within a period of six weeks from the date of receipt of a copy

of this judgment.

Sd/-

HARISANKAR V. MENON, JUDGE anm

W.P.(C) Nos.22451 of 2018 and 9166 of 2019 2025:KER:2151

APPENDIX OF WP(C) 22451/2018

PETITIONER'S EXHIBITS EXHIBIT-P1: TRUE COPY OF THE COMMUNICATION NO.C6(VC 1/2004/ERK)13764/2004 DATED 15/07/2015. EXHIBIT-P2: TRUE COPY OF THE NO.C6(VC 1/2004/ERK) 13764/2004 DATED 01/01/2016. EXHIBIT-P3: TRUE COPY OF THE COMMUNICATION NO.14024/ D2/2014/VIG DATED 1.9.2015.

EXHIBIT-P4: TRUE COPY OF THE ORDER NO.WA-C2/231/17/ WRD DATED 28.12.2017.

EXHIBIT-P5: TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

38107/2015 DATED 5.4.2018.

EXHIBIT-P6: TRUE COPY OF THE ORDER NO.KWA/JB/E2 (B)7188/2014 DATED 4.6.2018. EXHIBIT-P7: TRUE COPY OF THE NOTIFICATION NO.KWA/JB /E2(B)1085/2010 DATED 31.5.2018. EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 18.6.2018.

EXHIBIT-P9: TRUE COPY OF THE ORDER NO.KWA/HO/E.2 (B)/10700/1997 DATED 29.6.2018. EXHIBIT-P10: TRUE COPY OF THE CIRCULAR NO.KWA/JB/E2 (B)/409/2012 DATED 27.6.2012. EXHIBIT-P11: TRUE COPY OF THE PROCEEDINGS NO.KWA/JB/E2 (B)/10700/97 DATED 11.09.2017. EXHIBIT-P12: TRUE COPY OF THE ORDER IN W.P.(C) NO.38107/2015 DATED 10-11-2017. EXHIBIT-P13: TRUE COPY OF THE PROCEEDINGS NO.WS-

C2/231/17/WRD DATED 18-12-2017 EXHIBIT-P14: TRUE COPY OF THE ORDER IN I.A.NO.3546/2017 IN W.P.(C) NO. 38107/2015 DATED 8-3-2017.

W.P.(C) Nos.22451 of 2018 and 9166 of 2019 2025:KER:2151

APPENDIX OF WP(C) 9166/2019

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.C6(VC1/2004/ERK)13764/2004 DATED 15.7.2015 EXHIBIT P2 TRUE COPY OF THE NO.C6(VC 1/2004/ERK)13764/2004 DATED 1.1.2016 EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.14024/D2/2014/VIG DATED 1.9.2015 EXHIBIT P4 TRUE COPY OF THE ORDER NO.WS C2/231/17/WRD DATED 28.12.2017 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC.38107/2015 DATED 5.4.2018 EXHIBIT P6 TRUE COPY OF THE ORDER NO.KWA/JB/E2(B)7188/2014 DATED 4.6.2018 EXHIBIT P7 TRUE COPY OF THE NOTIFICATION NO.KWA/JB/E2(B)1085/2010 DATED 31.5.2018 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 18.6.2018 EXHIBIT P9 TRUE COPY OF THE ORDER NO.KWA/HO/E.(B)/10700/1997 DATED 29.6.2018 EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.KWA/JB/E2.(B)/409/2012 DATED 27.6.2012 EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS NO.KWA/JB/E2(B)/10700/1997 DATED 11.9.2017 RESPONDENTS' EXHIBITS EXHIBIT R2(a) TRUE COPY OF CIRCULAR NO.KWA/JB/E9/745/2019 DTD.21/6/2019 OF CHIEF ENGINEER (HRD AND GL), KWA, THIRUVANANTHAPURAM (FINAL SENIORITY LIST OF JUNIOR SUPERINTENDENT AS ON 01/01/2019)