K.C. Rajan v. The Principal Secretary to Government, Kerala Water Authority Department, Government Secretariat, Thiruvananthapuram, and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. V. ASHA
- Judgment Date
- 2020-02-28
- Court Decision / Holding
- The writ petition is dismissed; the court notes Ext.P5’s rejection of the claim and distinguishes Jacob v. Kerala Water Authority, finding it inapplicable to the petitioner's circumstances. The decision rests on established precedents that casual workers are not entitled to regularisation, and on the fact that the petitioner’s later engagements do not satisfy the criteria for regularisation. The result is a dismissal of the petition with appropriate observations on prior judgments.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- K.C. Rajan s/o Chozhi.K.P., Watchman, Kerala Water Authority, Public Health Section, Kunnamkulam
Respondents
- The Principal Secretary to Government, Kerala Water Authority Department, Government Secretariat, Thiruvananthapuram-695001
- The Managing Director, Kerala Water Authority, Head Quarters, Vellayambalam, Thiruvananthapuram-695033
- Superintending Engineer, Public Health Circle, Kerala Water Authority, Thrissur-680001
- Executive Engineer, Kerala Water Authority, Public Health Division, Thrissur-680001
- The Chief Engineer, Kerala Water Authority, Central Region, Kochi-11
- The Chief Engineer HRD (General), Kerala Water Authority
- The Assistant Engineer Public Health Section, Kunnamkulam P.O., Thrissur District-680001
Legal Representation & Advocates
Counsels for Petitioners
- • Saneesh Kunjukunju
- • P.T.Girish
Counsels for Respondents
- • Millu Dandapani, SC, Kerala Water Authority
Case Synopsis & Summary
Petitioner K.C. Rajan, a longtime daily wage and casual worker employed by the Kerala Water Authority in various capacities at Kunnamkulam and Thrissur, challenges the termination of his service and seeks regularisation as an NMR worker. He traces his service from 1980 through the late 1980s, with multiple postings and a termination in 1996 after filing O.P. No. 6515 of 1993. He asserts that Ext.P1 (27.03.1992) absorbed 302 casual labourers who completed more than 240 days in a year and that vacancies were created for absorption; Ext.P6 (28.10.2005) regularised NMR workers. He claims re-employment in 2005 and demands absorption as NMR and regularisation, relying on HR Commission directions and on the principles in later orders. He contends he was not engaged through a contractor, and asserts that the Human Rights Commission order and related correspondence (Exts. P7–P9) support his claim. The respondents submit that, following the HR Commission directive, he was engaged on a contract basis from 11.07.2006 to 2017, deny extended service from 1980–1985, and state that his case does not satisfy the criteria for regularisation under the relevant precedents. They rely on earlier Supreme Court and High Court rulings (notably Jacob v. Kerala Water Authority) to oppose relief. The court, after reviewing pleadings and exhibits, holds that Ext.P5 judgment already rejected the claim and that Jacob’s case does not apply, distinguishing it. The writ petition is eventually dismissed. The decision rests on prior rulings that casual workers are not entitled to regularisation.
Submissions & Arguments
Contentions of Appellants / Petitioners
Petitioner contends he served in various capacities as a daily wage/ casual worker with the Kerala Water Authority from 1980 until his termination in 1996. He argues that Ext.P1 (1992 absorption of 302 casual labourers) and Ext.P6 (2005 regularisation of NMR workers) create a basis for absorption as NMR and regularisation, especially since he was re-instated in 2005 as a Watchman. He asserts he was never engaged through a contractor and relies on the Human Rights Commission directions and Exts. P7–P9 to support regularisation. He seeks absorption as NMR under Ext.P1 and regularisation in light of Ext.P6 and the Apex Court’s Jacob v. Kerala Water Authority jurisprudence.
Contentions of Respondents
Respondents’ counsel submits that, following the Human Rights Commission directive, petitioner was re-engaged on a contract basis from 11.07.2006 to November 2017. The counter denies his continuous service from 1980–1985, notes engagement only on HR/Hand Receipt basis (22.11.1985–27.11.1986), and states that subsequent engagements were through contractors. They argue that he does not meet the conditions for regularisation and that Jacob v. Kerala Water Authority does not apply to his case; reliance is placed on earlier decisions holding casual labourers not entitled to regularisation (e.g., W.A. No. 399/1995, 4690–4691 of 1990).
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Jacob v. Kerala Water Authority | 1990 (2) KLT 673 | Distinguished | Court distinguishes Jacob’s case and finds it not applicable to the petitioner’s facts; relies on Ext.P5 to deny relief. |
| Civil Appeal Nos.4690-4691 of 1990 | Civil Appeal Nos.4690-4691 of 1990 | Positive | Apex Court judgement indicating casual labourers/HR hands were not entitled to regularisation; cited to support denial. |
| Writ Appeal No.399/1995 | W.A.No.399/1995 | Positive | Judgment noting non-entitlement to regularisation for daily rated employees; Ext.P4 supports the position. |
| O.P. No.6515 of 1993 | O.P.No.6515 of 1993 | Mentioned Only | Ext.P5 relates to this earlier order; mentioned as background. |
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