T K RAMESAN Vs. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCES (WSB) DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioner was engaged as a CLR Cleaner by the Kerala Water Authority. He was absorbed as an NMR Cleaner in 1984. In accordance with Ext.P1 circular issued by the Chief Engineer of PHED, which is applicable to employees of the Water Authority also, by Ext.P2, the petitioner was promoted as NMR Operator. But, while ordering absorption in regular service as per Government orders, he was absorbed only as a Cleaner by Ext.P4 order. Earlier, the petitioner approached this Court by filing W.P.(C).No.9732/2006, in which, by Ext.P7 judgment, the 2nd respondent was directed to consider and pass orders on the representation filed by the petitioner. By Ext.P8 order, the petitioner's claim was rejected. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE stand taken by the Water Authority is that the petitioner has not produced the certificate for passing the practical test as per para 1(a) of Ext.P1 circular.

(3.) IN Ext.P2 order, the petitioner is the fourth person. Ext.P2 order specifically states that all the four persons, who are named therein including the petitioner, have passed the practical test as per para 1(a) of Ext.P1 circular. That being so, it is idle for the Water Authority now to contend that the petitioner has not passed the practical test. No other contention is raised before me to deny the petitioner absorption as Operator. Therefore, Ext.P4 order to the extent the petitioner is absorbed only as a Cleaner is quashed. It is declared that the petitioner is entitled to absorption as an Operator as per Ext.P4 order with effect from the date of that order. Orders shall be passed and arrears of monetary benefits, if any, due to the petitioner on account of such absorption as Operator shall be disbursed to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above.