SHANMUGAM Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) Petitioners in all these cases have been recruited through Public Service Commission as Assistant Engineers in the Kerala Water Authority. They are aggrieved since the service of ad hoc Assistant Engineers appointed under R.9(a)(i) of the Kerala State and Subordinate Service Rules, 1959 have been regularised retrospectively. The earliest of such proceedings for regularisation is Ext. P5 dated 21.3.1991 in O.P.No.392/97. Ail such ad hoc employees have been given retrospective regularisation with effect from 19.9.1990, the date of judgment of the Supreme Court in Jacob's case, (Jacob v. Kerala Water Authority, reported in 1990 (2) KLT 673 ) AIR 1990 SC 2228 . It is the contention of the learned counsel appearing for the petitioners that the retrospective regularisation of ad hoc employees has affected their settled seniority and consequently their promotion.

(2.) The contention of the party respondents as well as the Kerala Water Authority is that all ad hoc Assistant Engineers were duly qualified at the time of recruitment, they have been continuing for long and that their regularisation is in compliance with the directions issued by the Supreme Court in Jacob's case.

(3.) In Jacob's case, in the matter of regularisation the following are the three directions issued by the Apex Court: