RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) WHEN CM. P. No. 29707/89 came up for orders, I heard learned counsel appearing on either side in detail. I am disposing of the Original Petition.

(2.) FIRST petitioner was appointed as Water Meter Reader in Palghat Municipality on 21st April 1983. Even though that appointment was temporary under Rule 9 (a) (i) of the Kerala State and Subordinate Services Rules, he continued in service from that date. Petitioners 2 and 3 were also appointed under Rule 9 (a) (i) of the General Rules as Water Meter Readers as per the order dated 27th July 1981. They were discharging their duties attached to the post without break. When the water supply and sewerage system in Palghat Municipality stood transferred to and vested in the Kerala Water Authority, 3rd respondent, with effect from 1st April 1989, according to the petitioners, by virtue of Section 20 of the Kerala Water and Sewerage Act, 1986, hereinafter referred to as 'the Act', they became temporary employees of the Kerala Water Authority and are entitled to continue as such. Second respondent terminated their services with effect from 31st October 1989. That termination is under challenge in this petition.

(3.) SRI K. J. Joseph, learned counsel representing 2nd respondent-Municipality, submitted that the Municipality engaged the petitioners as temporary employees under Rule 9 (a) (i) of the General Rules for attending to the work as Water Meter Reader. Their work was exclusively connected with the water supply and sewerage system. The water supply and sewerage system stood transferred to and became vested in the Kerala Water Authority with effect from 1st April 1989 and petitioners became employees of that Authority. Thereafter 2nd respondent is not having any control over the petitioners.