SUDARSANAN K Vs. STATE OF KERALA

JUDGEMENT

(1.) The fact that the petitioners were working as Pump Operators at Kerala Raj Bhavan comprising of the Residence of the Governor, Office and Quarters from 23.7.1991 and 11.3.1993 respectively is beyond dispute. They were initially engaged as CLR Workers on daily wages by the Public Works Department and were converted as SLR Workers with effect from 1.2.2014 concededly. That there has been a practice of appointing Fitters as Pump Operators in Raj Bhavan is evident from Ext.R1(a) letter of the Assistant Executive Engineer to the Executive Engineer (B&R) Division.

(2.) The duty of the Pump Operator is to ensure uninterrupted water supply to the Residence of the Governor and other Offices and Quarters and the duties are arranged in 3 shifts of 8 hours each. This is evident from Ext.R1(b) letter of the Assistant Engineer to the Assistant Executive Engineer of the Maintenance Sub Division indicating that there is a need for the continuous duty of Pump Operator. The Government has by Ext.P12 order clarified that the posts which have been continuously in existence for more than 5 years will be treated as permanent without further confirmation.

(3.) The only ground on which the claim of the petitioners for regularisation in service has been turned down by the Tribunal in O.A.No.2433/2012 is that 'they are daily wage employees working in the unsanctioned posts'. The Supreme Court after referring to Umadevi's case [(2006) 4 SCC 1] has held in Nihal Singh and others v. State of Punjab and others [(2013) 14 SCC 65] as follows: