JOSHY K.G. Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioners say that they and the husband of the second petitioner were originally appointed as Watchman/Helper provisionally in Public Health Engineering Department (PHED) as early as on 15.05.1985 and have produced Exhibit P1 in substantiation of the same. They say that on formation of the Kerala Water Authority they were absorbed into its service and allowed to continue as provisional employees and that that through the judgment reported in Jacob v. Kerala Water Authority (1990 (2) KLT 673) the Hon'ble Supreme Court had directed to regularise the services of the provisional employees of the Water Authority, consequent to which number of persons were so regularised. They say that, however, their regularisation was delayed for nearly fourteen years thereafter and that they were finally granted such benefit with effect from 30.06.2004, evidenced through Exhibit P2 order dated 10.08.2004.

(2.) The petitioners submit that aggrieved by the delay in regularisation, they filed W.P.(C)No.28796/2011, which was disposed of through Exhibit P3 judgment, directing the Water Authority to consider their grievances and to pass orders, but that the first respondent, through Exhibit P4 letter dated 22.09.2012, informed them that the Government had declined the request for regularisation from the date of their initial appointment. They say that by this time, many of them had retired from service, while the second petitioner's husband expired.

(3.) According to the petitioners, they came to understand that several similarly placed employees were given regularisation with retrospective effect, from the date of their initial provisional service and that Exhibit P5 proceedings dated 18.07.2014 had been issued by the Water Authority to such effect. They submit that they came to be aware of all these only in the year 2019 and therefore, that they have filed Exhibits P7 and P8 representations dated 06.12.2019 before the first respondent, requesting that they also be given similar benefits as have been offered to other persons through the earlier orders. They thus pray that Exhibits P7 and P8 representations be taken up and disposed of at the earliest.