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Sreeraj.S.Babu vs State Of Kerala
2025 Latest Caselaw 10052 Ker

Citation : 2025 Latest Caselaw 10052 Ker
Judgement Date : 24 October, 2025

Kerala High Court

Sreeraj.S.Babu vs State Of Kerala on 24 October, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                            2025:KER:79389




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947

                WP(C) NO. 38454 OF 2025

PETITIONER:

         SREERAJ.S.BABU
         AGED 35 YEARS
         S/O. K. SURESH BABU,
         ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
         PROJECT PLANNING AND DESIGN, KOCHI
         RESIDING AT PANAMBUKATTUVELI HOUSE,
         KARUVARAKKUNDU, KUTTATHI.P.O.,
         MALAPPURAM, PIN - 676523

         BY ADVS.
         SRI.K.R.GANESH
         SRI.ADARSH BABU C.S.
         SRI.ASHIK J. VARGHESE
         SMT.AHSANA E.



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY,
         TECHNICAL EDUCATION DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DIRECTOR OF TECHNICAL EDUCATION
         DIRECTORATE OF TECHNICAL EDUCATION,
         THIRUVANANTHAPURAM, PIN - 695014
                                            2025:KER:79389
WP(C) No.38454 of 2025
                           2

    3    THE KERALA WATER AUTHORITY LTD
         REPRESENTED BY ITS MANAGING DIRECTOR,
         JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695003

    4    THE MANAGING DIRECTOR
         KERALA WATER AUTHORITY, JALA BHAVAN,
         THIRUVANANTHAPURAM, PIN - 695033

    5    THE DEPUTY CHIEF ENGINEER
         OFFICE OF THE DEPUTY CHIEF ENGINEER,
         SOUTHERN RAILWAY, TRACK MACHINES UNIT,
         PERSONNEL BRANCH, ROYAPURAM, CHENNAI,
         PIN - 699013

    6    THE ASSISTANT PERSONNEL OFFICER
         SOUTHERN RAILWAY, DIVISIONAL OFFICE,
         PERSONNEL DEPARTMENT, PALAKKAD, PIN - 678001

    7    THE DEPUTY CHIEF ENGINEER (GEN)
         KERALA WATER AUTHORITY, JALA BHAVAN,
         THIRUVANANTHAPURAM, PIN - 695033

         BY ADVS.
         SRI.VISHNU J., CGC
         SRI.SUJITH MATHEW JOSE
         SRI.GEORGIE JOHNY, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 24.10.2025, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                                   2025:KER:79389
WP(C) No.38454 of 2025
                                 3


                          JUDGMENT

Dated this the 24th day of October, 2025

The petitioner states that the petitioner entered

service under the Indian Railways on 23.10.2019 as Trainee

Technician. While joining service under the Indian Railways,

the petitioner had to execute a bond for a period of five years.

The petitioner would submit that the five year period will

commence from 23.10.2019 and the bond will be valid only

upto 22.10.2024.

2. Subsequently, the petitioner resigned from

the Railways and joined Kerala Water Authority on

20.03.2025. The petitioner would urge that by that time the

bond period was over. However, the Railways insisted that

the bond period will commence only from 26.03.2022 which is

the date of regular absorption as Junior Engineer in Railways

and will expire only on 25.03.2027. Under compulsion, the 2025:KER:79389

petitioner executed a further bond with the Kerala Water

Authority also for the remainder period and the said bond

period is to conclude only by 25.03.2027.

3. In the meanwhile, the petitioner was selected

for appointment as Lecturer in Technical Education

Department of the Government of Kerala as can be seen from

Ext.P11. Now, the Kerala Water Authority is not relieving the

petitioner stating that the bond period is yet not over.

4. I have heard the learned Senior Counsel

assisted by the learned counsel for the petitioner, the learned

Government Pleader representing respondents 1 and 2, the

learned Standing Counsel for respondents 3, 4 and 7 and the

learned Central Government Counsel appearing for

respondents 5 and 6.

5. Though various legal arguments were urged

by the parties during the hearing, the Central Government

Counsel representing respondents 5 and 6 submitted that to 2025:KER:79389

give a quietest to the matter, the petitioner can be relieved on

condition that the petitioner executes a bond with the 2 nd

respondent for the remaining period of the bond, which is to

end on 25.03.2027.

Considering the facts of the case, the writ petition is

disposed of directing that if the petitioner executes a bond as

indicated above for a period ending on 25.03.2027 in favour of

the 2nd respondent, the 2nd respondent shall accept the same.

Subject to execution of such bond, respondents 3 and 4 are

directed to relieve the petitioner from service in order to join

his new employment.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:79389

APPENDIX OF WP(C) 38454/2025

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE ABOVE ORDER NO.

P.TM/563/JE/DRQ DATED 17.11.2020 Exhibit-P2 TRUE COPY OF THE SAID PROCEEDINGS NO.

J/SG.37/2020 DATED 13.08.2020 ISSUED BY THE 6TH RESPONDENT Exhibit-P3 TRUE COPY OF THE APPLICATION DATED 06.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit-P4 TRUE COPY OF THE SAID ADVICE MEMO NO.

R1B-3/6/2023-KPSC DATED 30.08.2024 Exhibit-P5 TRUE COPY OF THE ABOVE ORDER NO. KWA-

JB/5016/2023-E4 DATED 15.11.2024 APPOINTING THE PETITIONER AS ASSISTANT ENGINEER Exhibit-P6 TRUE COPY OF THE ABOVE COMMUNICATION NO. P/TM/506/12/TERMINATION DATED 29.01.2025 Exhibit-P7 TRUE COPY OF THE BOND DATED 07.02.2025 EXECUTED BY THE PETITIONER WITH THE 7TH RESPONDENT Exhibit-P8 TRUE COPY OF THE ORDER NO.

KWA-JB/1053/2025-E5 DATED 11.02.2025 ISSUED BY THE 5TH RESPONDENT Exhibit-P9 TRUE COPY OF THE SAID PROCEEDINGS NO.

TM/09/2025 DATED 20.03.2025 OF THE 5TH RESPONDENT Exhibit-P10 TRUE COPY OF THE SAID ADVICE MEMO NO.

R1C-123/2024-KPSC DATED 28.06.2025 Exhibit-P11 TRUE COPY OF THE ABOVE ORDER NO.

EC2/22750/2021/DTE DATED 06.08.2025 OF THE 2ND RESPONDENT Exhibit-P12 TRUE COPY OF THE ABOVE APPLICATION DATED 19.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2025:KER:79389

Exhibit-P13 TRUE COPY OF THE SAID ORDER NO.

EC2/22750/21/DTE DATED 23.09.2025 ISSUED BY THE 2ND RESPONDENT

 
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