N K BALAKRISHNAN Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) The petitioners have approached this Court challenging Exts. P5 and P6 orders passed by the first respondent, whereby the representations preferred by them seeking to relinquish the promotions given to them as Full Time Contingent Employees (just before their retirement on attaining the age of 55 years) has been turned down without considering Exts. P3 and P4 Judgments in the right spirit and perspective.

(2.) The petitioners were working as Part Time Sweepers in the Kerala Water Authority. As per R.15 of the Kerala Part Time Contingent Service 'a member of the service shall retire on the last day of the month in which he completes the age of 70 years'. While the petitioners were working as above, the second respondent quite magnanimously issued Ext. P1 order bringing the petitioners to regular service as Full Time Contingent employees. The petitioners, not aware of the relative merits and demerits of the promotion given being the members of the lowest strata of the service, readily accepted the promotion and started working as Full Time Contingent employees.

(3.) Just after few months of their joining the full time service, the petitioners realised that Ext. P1 promotion given by the second respondent was in no way beneficial to them and rather detrimental in so far the age of the retirement of the full time contingent employees was 55 years, which was to be attained by them within no time. In other words, they were made to forgo 15 years' of their remaining service as part time contingent employees and further they would not be getting any pension or such other retirement benefits as payable to other regular employees, for having no quantifying service as contemplated under the relevant Rules. Immediately, the petitioners filed detailed representations before the first respondent seeking to relinquish the promotions given to them vide Ext. P1 order and to permit them to continue as part time contingent employees as before. Since the representations were not acted upon, the petitioners approached this Court by filing WP (C) Nos. 11761 of 2006 and 36127 of 2005, which led to Exts. P3 and P4 judgments respectively, directing the respondents to consider the request made by the petitioners and to pass appropriate orders thereon as specified.