T.M.AZAD Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) THE petitioner is a Part Time Sweeper who was engaged on a daily wage basis under the respondent Water Authority with effect from 11.07.1984. It is the specific case of the petitioner that despite having worked continuously for more than 25 years, he was not regularised in service. The facts in the writ petition reveal that the petitioner had approached this Court in the past and pursuant to the directions of this Court, the 1st respondent passed an order declining the request of the petitioner for regularisation.

(2.) THE petitioner would submit that there were several matters pending before this Court wherein others, similarly situated as the petitioner, had approached this Court seeking regularisation of their services under the respondent Water Authority. It is pointed out that, pursuant to the judgment of this Court in those writ petitions, Ext.P1 Government Order dated 25.11.2005 came to be issued, directing the sanctioning of posts and the regularising of Part Time Contingent Employees serving under various Corporations and Departments under the State Government. Thereafter, the specific case of the petitioner for regularisation was recommended by the respondent Water Authority vide Ext.P2. Ext.P3 Circular was also issued by the respondent Water Authority based on Ext.P1 Government order dated 25.11.2005. The Government, subsequently, vide Ext.P5 proceedings, created posts and regularised the petitioner's service with effect from 01.04.2008. Thus, with the issuance of Ext.P5 proceedings, the petitioner's service came to be regularised under the respondent Authority.

(3.) THE respondent Water Authority has filed a counter affidavit wherein it disputes the entitlement of the petitioner for retrospective regularisation with effect from 11.7.1984. The contention of the respondent in the counter affidavit is that even assuming that the benefit of retrospective regularisation can be extended to the petitioner in the instant case, it can only be with effect from 18.06.2001 as laid down in Ext.P1 Government order and not beyond that date.