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George Mathew

High Court Of Kerala|17 October, 2014
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JUDGMENT / ORDER

Issue involved in this writ petition is related to regularisation of NMR workers in the Kerala Water Authority. Grievance is that, despite the fact that the petitioners were working as NMR Operators/Plumbers they were regularised only as workers. Hence the petitioners are seeking appropriate direction to absorb them into the regular establishment as Operator/Plumber, with effect from their respective date of absorption, in accordance with GO (MS)No.62/98/Ird. dated 25/8/1998 and also on the basis of Ext.P22 Government Order, dated 30/10/1999. 2. An exactly identical issue was already dealt by this court in WPC No.15491/2008. In the Judgment dated 01/08/2012 this court found that those who were working as NMR Operators are entitled to be absorbed as Operators and not as watchman, because by virtue of the relevant Government Orders when NMR Operators are absorbed into service they are entitled to be absorbed as Operators, failing which it would amount to a demotion. The petitioners in that case were granted relief to the extent of directing absorption in the service from the respective dates as 'Operators', along with sanctioning of all monetary benefits arising therefrom and also with retirement benefits with respect to those who were already retired.
3. In view of the decision already taken by this court as mentioned above, in WPC 15491/2008, this writ petition is to be allowed. Hence I do so.
4. It is declared that the petitioners 1 to 5 herein are entitled to be absorbed into the regular establishment of the 2nd respondent; with effect from 22/05/1995 in the case of petitioners 1 to 3, and with effect from 01/04/1989 in the case of petitioners 4 and 5 as 'Operator/Plumber'. It is also declared that petitioners are entitled to all monetary benefits arising therefrom and also to retirement benefits with respect to those who were already retired.
The 2nd respondent shall pass orders in this regard and the arrears of monetary benefits due shall be disbursed to the petitioners as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.
Sd/-C.K. ABDUL REHIM JUDGE MJL
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Title

George Mathew

Court

High Court Of Kerala

JudgmentDate
17 October, 2014
Judges
  • C K Abdul Rehim
Advocates
  • P K Mohanan
  • Nair