Citation : 2025 Latest Caselaw 10052 Ker
Judgement Date : 24 October, 2025
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
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!