Kerala High Court
P.Balakrishnan vs State Of Kerala on 9 September, 2025
2025:KER:67045
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(C) NO. 12336 OF 2021
PETITIONER:
P.BALAKRISHNAN
AGED 65 YEARS
S/O. P. NARAYANAN NAIR, THEKKILATH HOUSE, POLPULLI P.O.,
PALAKKAD-678552.
BY ADVS.
SRI.SHABU SREEDHARAN
SMT.MEENU THAMPI
SHRI.AMAL STANLY
SHRI.SHYAM KUMAR M.P
SMT.ANISA ANDREWS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES (WS-B)
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SMT.MARY BENJEMIN
SHRI.P.M.JOHNY, SC, KERALA WATER AUTHORITY
SRI.JUSTINE JACOB
GP- RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.08.2025,
ALONG WITH WP(C).21211/2021, 20982/2021, THE COURT ON 09.09.2025 DELIVERED
THE FOLLOWING:
WP(C) Nos.21211, 12336 & 20982 of 2021 -2-
2025:KER:67045
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(C) NO. 21211 OF 2021
PETITIONERS:
1 THOMAS P J
AGED 66 YEARS
S/O JOSEPH, PURACKAL HOUSE, VALLIYODE, ANJUMOORTHI P.O,
PALAKKAD-678682.
2 J WILSON,
AGED 64 YEARS
S/O JOSEPH, SHEELASADANAM, PULLICHIRA P.O, KOLLAM-691304.
3 BALAKRISHNAN.G.
AGED 67 YEARS
S/O GOPALAN, NANDANAM, PADINJARETHARA, VALLANGHY, NENMARA
P.O, PALAKKAD-678508.
4 MANIAN.C.
AGED 67 YEARS
RAMANEEYAM, AOMPANKUZHI, KARALA STREET, KOPPAM, PALAKKAD-
678001.
5 C UNNIKRISHNAN,
AGED 66 YEARS
S/O LATE CHAMI, NARIVANPARAMBU, KATHISSERY P.O, ALATHOOR,
PALAKKAD-678542.
6 SAMPATH KUMAR
AGED 62 YEARS
S/O JAYARAMAN, SREEDEVU, KALVAKULAM, PALAKKAD-678001.
7 K.NARAYANASWAMY
AGED 66 YEARS
S/O KANTHASWAMY, 7/116, PAKKANAMPARAMBU, MULLAKKAL
VITHANASSERY, NENMARA P.O, PALAKKAD-678508.
BY ADVS.
SRI.SHABU SREEDHARAN
SMT.VARADA SURENDRAN
SMT.MEENU THAMPI
SHRI.MOHAMED SHAREEF PARIYARATH
WP(C) Nos.21211, 12336 & 20982 of 2021 -3-
2025:KER:67045
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES (WS-B)
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 THE KERALA WAGER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
SRI.GEORGIE JOHNY
GP -RIYAL DEVASSY
SC - P.M. JOHNY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.08.2025, ALONG WITH WP(C).12336/2021 AND 20982/2021, THE COURT ON
09.09.2025 DELIVERED THE FOLLOWING:
WP(C) Nos.21211, 12336 & 20982 of 2021 -4-
2025:KER:67045
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(C) NO. 20982 OF 2021
PETITIONERS:
1 P. SURENDRAN
AGED 60 YEARS
S/O. KUNJAPPA, THAYAPPATH HOUSE, MUYYAM P.O, VIA KARIMBAN,
KANNUR - 670142.
2 M. SREEDHARAN
AGED 56 YEARS
S/O. NARAYANAN NAMBIAR, 'SREEHASAN', KAMBIL, KOLACHERY P.O,
KANNUR - 670601.
3 K. RAJENDRAN
AGED 59 YEARS
S/O. GOVINDAN, K.V. HOUSE, THREE ROAD, AZHEKKADU P.O, KANNUR
- 670009.
4 JANARDHANAN K.
AGED 59 YEARS
S/O. KRISHNAN, KANIYAN VALAPPIL HOUSE, VENGARA P.O, KANNUR -
670305.
5 E.MANOJKUMAR,
AGED 57 YEARS
S/O. LATE K.C. KUNHI RAMAN, ERIPURAM, PAYANGADI P.O, KANNUR
- 670303.
6 A. MUHAMMED,
AGED 59 YEARS
S/O. EBRAHIM P.O, KELOTH HOUSE, POKENMAVU, KOYYODE P.O,
KADACHIRA VIA, KANNUR - 670621.
BY ADVS.
SRI.SHABU SREEDHARAN
SMT.VARADA SURENDRAN
SMT.MEENU THAMPI
SHRI.MOHAMED SHAREEF PARIYARATH
RESPONDENTS:
WP(C) Nos.21211, 12336 & 20982 of 2021 -5-
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1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, WATER RESOURCES (WS-B)
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695001.
2 THE KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
THIRUVANANTHAPURAM - 695001.
BY ADVS.
SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
SHRI.P.M.JOHNY (SC)
SRI.SUJITH MATHEW JOSE
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.08.2025, ALONG WITH WP(C).12336/2021 AND 21211/2021, THE COURT ON
09.09.2025 DELIVERED THE FOLLOWING:
WP(C) Nos.21211, 12336 & 20982 of 2021 -6-
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JUDGMENT
Dated this the 9th day of September, 2025
The petitioner's prayer is for a direction to the respondents to
grant financial benefits due to the petitioners for the period from
22.05.1995 to 11.08.2015 and to disburse the said amount to them
within a time limit to be fixed by this Court.
2. Petitioners submit that, going by Ext.P2 Government
order, they are entitled to be absorbed into regular service on
completion of five-year NMR service, and as such, petitioners ought
to have been regularised with effect from 22.05.1995, the date on
which they completed five years of NMR service. Later, Ext.P4
proceedings were issued on 28.10.2005, absorbing all NMR workers
who completed five years of NMR service, including the petitioners,
into regular service with effect from the date of the Government
order, i.e. 21.10.2005. This was challenged by similarly situated
employees in WP(C) No.25490 of 1998, and this Court quashed the
said Government order as per Ext.P5 judgment and directed the
respondents to give the petitioners therein the benefit of
regularisation with effect from the date of completion of five years in
NMR service. Ext.P5 judgment has become final, and the writ appeal
and SLP filed have been dismissed. But the 2 nd respondent refused to
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give the benefit of said judgment to the petitioners therein, and after
a contempt was filed, the 2 nd respondent extended the benefit of
Ext.P5 judgment to the petitioners therein, including monetary
benefits. While so, 15 similarly placed employees like the petitioners
filed WP(C) No.29897 of 2009 raising similar claims and the said
claim was directed to be disposed of, but the same was rejected by
Ext.P7 order. The same was challenged by the said 15 employees
filing WP(C) No.10397 of 2014. The said writ petition was allowed as
per Ext.P8 judgment directing the respondents to give effect to
regularisation to the 15 employees in the light of the decision of this
Court in Ext.P5 judgment. Pursuant to which, Ext.P9 order was issued
regularising 316 employees, including the petitioners, with effect
from the date of completion of five years of NMR service, but granted
financial benefits only from the date of the said order. Aggrieved by
Exts.P9 and P10, the 15 similarly placed employees filed WP(C)
No.32558 of 2017, and this Court directed to extend all the benefits
that are extended to the petitioners in WP(C) No.24590 of 1998 as
per Ext.P5 judgment. All the benefits were granted to these 15
similarly placed employees, but petitioners were granted the benefits
only with effect from the date of the order. It is in the said
circumstance that the petitioners have approached this Court
claiming the benefits for the period from 22.05.1995 to 11.08.2015.
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3. A similar claim was raised by the petitioners, and they
sought for regularisation of service with effect from 01.04.1989 and
to disburse all monetary benefits appurtenant thereto. The
petitioners would submit that they are entitled to a similar treatment
that was extended to the petitioners in OP No.24590 of 1998,
wherein all the benefits were granted with effect from the actual due
date, whereas the petitioners were granted benefits only from the
date of the order. Thereupon, Ext.P6 representation was filed, but no
decision has been taken till date.
4. The petitioners claim the financial benefits due to the
petitioners for the period from 22.05.1995 to 11.08.2015, claiming
that the petitioners are entitled to regularisation with effect from the
date of completion of five years NMR service. Petitioners would
submit that in similar circumstances, pursuant to the direction issued
in Ext.P5 judgment as well as in WP(C) No.32556 of 2017, the
benefits were granted with effect from the date of completion of five
years NMR service. Petitioners would submit that the said benefit has
not been extended to the petitioners.
5. A detailed counter affidavit has been filed in all these
cases, wherein it is admitted that 15 petitioners in WP(C) No.32558
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of 2017, were granted the benefit as per Exts.R2(c) and R2(d),
whereby all the benefits were granted from the date of
regularisation, but taking a stand that the same cannot be treated as
a precedent.
6. I have heard the rival contentions on both sides.
7. Petitioners would contend that in the case of similarly
situated employees, Ext.P2 judgment was issued in OP No.24590 of
1998, wherein relying on the judgment of the Apex Court in Jacob M.
Puthuparambil and Others v. The Kerala Water Authority and
Others [AIR 1990 SUPREME COURT 2228], this Court declared
that the absorption of the employees shall not be prospective, but
shall be by giving full effect to the directions in Jacob M's case cited
supra. It is also held that the direction issued by the Apex Court
should regulate the service not only of the parties in the present writ
petition, but all similarly situated, including those who may be parties
to other proceedings pending before the Court. Similar direction was
issued by this Court in Ext.P5 judgment in WP(C) No.32558 of 2017,
wherein this Court observed as follows in paragraphs 7 and 8:-
"7. Having heard both sides, it is seen that the respondents do
not have a case that the petitioners in O.P.No.24590 of 1998
leading to Ext P5 judgment were not granted the monetary
benefits. Admittedly they were regularised on the basis of
Ext.P5 judgment and they are given all the benefits. This Court
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in Ext.P8 judgment found that the petitioners are eligible for all
the benefits as granted to the petitioners in O.P.No.24590 of
1998. It is seen that petitioners were granted a benefit which
was denied long back. Ext P3 order would show that
Government had, as early as in 1983, taken a decision to
absorb all those NMR workers who completed five years' NMR
service, in regular establishment. But the implementation of
such a decision was started only after the judgments of this
Court in Ext P5 and thereafter in Ext P8 judgment. In the case of
the petitioners government granted the monetary benefits only
from the date of the order saying that there would be several
other persons. But it is relevant to note that Government
themselves found that all the 328 NMR hands were eligible for
absorption on completion of 5 years' service and also that some
of them got all the benefits from the date of effect of
absorption. In case the absorption was made at the correct time
the petitioners could have enjoyed these benefits from the
respective dates of completion of five years of NMR service. At
any rate when this court in Ext P9 judgment found that
petitioners cannot be denied the benefit of Ext P5 judgment,
the respondents cannot riggle out of the same. There is no
justification in denying them the monetary benefits with effect
from the date from which they are granted regularisation.
Accordingly, the order Ext.P9 to the extent it denies the
benefits from the date from which they are absorbed in the
regular establishment shall stand set aside.
In the result the petitioners would be entitled to all the benefits
which were given to the petitioners in W.P(C) No.24590 of 1998
covered by Ext.P5 judgment and they would be entitled to the
monetary benefits with effect from the date from which they
are regularised as per Ext P9 order. The respondents shall see
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that the entire monetary benefits due to petitioners are
disbursed to them within a period of six months from the date
of receipt of a copy of this judgment."
The stand taken by the respondents in these cases is that the
regularisation with effect from the actual due date, that is, on
completion of five years of NMR service, was granted to certain
employees, but that the same cannot be treated as a precedent. This
Court is of the view that if benefits are extended to similarly situated
employees, the petitioners cannot be denied the same, taking the
stand that the order extending similar benefits to other employees
cannot be treated as a precedent.
Taking into consideration the above facts and circumstances, I
am inclined to dispose of the writ petitions as follows:-
The petitioners shall file appropriate request in this regard, producing
all the documents and judgments in support of their claim before the
2nd respondent, Water Authority, within a period of one month from
the date of receipt of a copy of this judgment. If such a request is
filed by the petitioners, the same shall be duly considered and
disposed of after affording an opportunity of being heard to the
petitioners, without any delay, at any rate within an outer limit of
three months from the date of receipt of such request from the
petitioners. It is further ordered that if the petitioners' claim is similar
to that of the petitioners in OP No.24590 of 1999, and WP(C)
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No.32558 of 2017 and the benefits have been granted to the
petitioners therein, the case of the petitioners shall also be
considered in the light of the judgments referred to above.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
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APPENDIX OF WP(C) 21211/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT WITH NO.KWA/HO/GLI/10293/85
DATED 16.08.1991.
Exhibit P2 THE TRUE COPY OF THE GOVT. ORDER WITH
GO(MS) NO.5/91/LAD DATED 5/1/1991.
Exhibit P3 THE TRUE COPY OF THE GOVT ORDER WITH
GO(MS) NO.79/99/IRD DATED 30.10.1999.
Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE 2ND RESPONDENT DATED 28/10/2005.
Exhibit P5 THE TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN OP NO.24590/198 DATED 7.11.2007.
Exhibit P6 THE TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN WPC NO.24741,29896 &
29897/2009 DATED 27.05.2013.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT WITH GO (RT) NO.319/2014/WRD
DATED 19.03.2014.
Exhibit P8 THE TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN WPC NOS.28851/2013 &
10397/2014 DATED 27.02.2015.
Exhibit P9 THE TRUE COPY OF THE ORDER PASSED BY THE
1ST RESPONDENT DATED 12.08.2015.
Exhibit P10 THE TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE 2ND RESPONDENT DATED 18/09/2015.
Exhibit P11 THE TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN COC NOS.1703/2015,
1704/2015 & 1706/2015 DATED 11.07.2017.
Exhibit P12 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO.32558/2017 DATED
1.10.2021.
RESPONDENT EXHIBITS
Exhibit R2(a) A TRUE COPY OF ORDER GO(MS) NO.53/2005/WRD
DATED 21/10/2005.
Exhibit R2(b) THE ORDER DATED 27/10/2020 ISSUED BY THE
ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT.
Exhibit R2(c) ORDER DATED 24/11/2020 ISSUED BY THE
MANAGING DIRECTOR KWA.
Exhibit R2(d) GOVT. ORDER NO.10/2021/WRD DATED
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31/03/2021.
EXIHIBITR1A TRUE COPY OF G.O(MS) NO 53-2005-WRD DATED
21-10-2005 FROM WATER RESOURCES DEPT
EXIHIBIT R1B TRUE COPY OF G.O.MS.NO56-2020 DATED 27-10-
2020 FROM WATER RESOURCE DEPARTEMENT
EXIHIBIT R1C ORDER NO20786-E3-2017 ISSUED BY KERALA
WATER AUTHORITY DATED 24-11-2020
EXIHIBIT R1D TRUE COPY OFG.O.P NO 10-2021-WRD DATED 31-
3-2021
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APPENDIX OF WP(C) 20982/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT WITH NO.
KWA/HO/GLI/10293/85 DATED 16.08.1991.
Exhibit P2 THE TRUE COPY OF THE GOVERNMENT ORDER WITH
GO(MS) NO. 5/91/LAD DATED 5.1.1991.
Exhibit P3 THE TRUE COPY OF THE GOVERNMENT ORDER WITH
GO(MS) NO. 79/99/IRD DATED 30.10.1999.
Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE 2ND RESPONDENT DATED 28.10.2005.
Exhibit P5 THE TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN OP NO. 24590/1998 DATED
7.11.2007.
Exhibit P6 THE TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN WP(C) NO. 24741,
29896 & 29897/2009 DATED 27.05.2013.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT WITH G.O(RT) NO.319/2014/WRD
DATED 19.03.2014.
Exhibit P8 THE TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN WP(C) NOS.
28851/2013 & 10397/2014 DATED 27.02.2015.
Exhibit P9 THE TRUE COPY OF THE ORDER PASSED BY THE
1ST RESPONDENT DATED 12.08.2015.
Exhibit P10 THE TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE 2ND RESPONDENT DATED 18.09.2015.
Exhibit P11 THE TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN COC NOS. 1703/2015,
1704/2015 & 1706/2015 DATED 11.07.2017.
Exhibit P12 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C) NO. 32558/2017
DATED 1.10.2021.
RESPONDENT EXHIBITS
Exhibit R2(a) A TRUE COPY OF ORDER GO(MS)NO.52/2005/WRD
DATED 21/10/2005 (RELEVANT PAGES)
Exhibit R2(b) THE ORDER DATED 27/10/2020 ISSUED BY THE
ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT.
Exhibit R2(c) ORDER DATED 24/11/2020 ISSUED BY THE
MANAGING DIRECTOR KWA.
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Exhibit R2(d) GOVERNMENT ORDER NO.10/2021/WRD DATED
31/03/2021.
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APPENDIX OF WP(C) 12336/2021
RESPONDENT EXHIBITS
Exhibit-R2(a) True copy of the G.O. (MS) No.
53/2005/WRD, dated 21.10.2005.
Exhibit-R2(b) True copy of the G.O. (MS) No. 77/15/WRD,
dated 12.08.2015.
Exhibit-R2(c) True copy of the Government Order No.
56/2020/WRD, dated 27/10/2020.
Exhibit-R2(d) True copy of the order No
20786/E3/2017/KWA, dated 24.11.2020,
issued by KWA.
Exhibit-R2(e) True copy of the G.O.(P) No.10/2021/WRD,
dated 31/03/2021.
PETITIONER EXHIBITS
Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN OP
NO.24590/1998 DATED 07/11/2007.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT WITH COPY TO THE 2ND RESPONDENT
DATED 14/05/2021.
Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT DATED 28/10/2005.
Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.16336/2006 DATED 15/10/2007.
Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.32556/2009 DATED 13/11/2009.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.32558/2017 DATED 01/10/2019.
