High Court of KeralaDivision BenchWrit appeals are dismissed

W.A.No. 1998 of 2018 & 102 of 2019 (Against the judgment in WP(C) 11017/2009)

Case / Petition Number:W.A.No. 1998 of 2018 & 102 of 2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • V. Chitambaresh
  • R. Narayana Pisharadi
Judgment Date
2019-02-18
Court Decision / Holding
Writ appeals are dismissed.
Final Disposition
Writ appeals are dismissed

Parties to the Case

Appellants / Petitioners

  • Muraleedharan K.V.
  • Daisy V.I.
  • Satheesh Kumar K.P.
  • Satheesh R.
  • Sathyan U.K.
  • Madhu N.
  • Usha A.C.
  • KERALA WATER AUTHORITY

Respondents

  • Jayaraj T., Draftsman Grade II, KWA, W.S.P Sub Division, Vidyanagar, Kasaragod
  • Kerala Water Authority, Jalabhavan, Thiruvananthapuram, represented by its Managing Director
  • The State of Kerala represented by Secretary to Water Resources Department

Legal Representation & Advocates

Counsels for Petitioners

  • • Elvin P. Peter P.J.
  • • N.R. Reesha
  • • P. Benjamin Paul

Counsels for Respondents

  • • Anil Sivaraman
  • • M. Sasindran
  • • K.R. Deepad

Case Synopsis & Summary

This writ appeal arises from the Kerala High Court’s 12 December 2017 judgment in WP(C) 11017/2009 and concerns the seniority and regularisation of Draftsman Grade II staff in the Kerala Water Authority. The appellants, seven employees, challenge the court’s directive to recast the seniority list in light of regularisation of temporary hands; they contend that even if regularisation dates back, it cannot prejudicially affect the seniority of those already in service and that Rule 18(a) should be applied strictly without relaxation. The respondents in WP(C) include the draftsmans’ employer, the Kerala Water Authority, and the State; they argue for treating regularisation as a valid basis to adjust seniority, and even contend that Rule 39 can be applied to relax Rule 18(a). The bench ultimately finds no infirmity in the impugned judgment, noting that regularisation of temporary employees from an anterior date does not prejudice the seniority of others and that the acceptance of the move earlier, during the Golden Jubilee, is immaterial. It relies on Babu Raj v. State of Kerala, Shanmugham v. Kerala Water Authority, and Registrar General of India v. Thippa Setty to justify the approach. Accordingly, the writ appeals are dismissed, and the seniority list is to be recast consistent with the judgment.

Provisions of Law Cited

Rule 18(a), Kerala State and Subordinate Services RulesRule 39, Kerala State and Subordinate Services Rules

Legal Doctrines & Maxims

  • Regularisation of temporary employees cannot prejudice seniority
  • Rule 18(a) cannot be relaxed by invoking Rule 39

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that regularisation of temporary hands, even from an anterior date, cannot prejudice the seniority of others and that the seniority list must reflect actual dates of regularisation without undermining those already in service. They argued that Rule 18(a) governs seniority and cannot be relaxed by invoking Rule 39, and that earlier acceptance during the Golden Jubilee should not enable retroactive seniority shifts.

Contentions of Respondents

The respondents argued that regularisation can justify revising seniority and that Rule 39 can be used to relax Rule 18(a) under certain circumstances. They sought to have the seniority list recast to reflect administrative regularisations and maintained that the impugned order aligns with statutory rules and prior administrative practice.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Babu Raj v. State of Kerala(1994) KHC 406(FB)PositiveCited by the court to support that regularisation can be accommodated under Rule 18(a) without prejudicing seniority.
Shanmugham v. Kerala Water Authority(2004) KHC 614PositiveCited to fortify the view that seniority need not be prejudiced by regularisation and that recasting may be lawful.
Registrar General of India v. Thippa Setty(1996) 1 SCC 188PositiveCited to support the legality of actions affecting seniority under statutory rules.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against W.A.No. 1998 of 2018 & 102 of 2019 (Against the judgment in WP(C) 11017/2009) and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** ## **THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI** **MONDAY, THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940** ## **W.A.No. 1998 of 2018** **AGAINST THE JUDGMENT DATED 12.12.2017 IN WP(C) 11017/2009 OF THIS COURT** ## **APPELLANTS/RESPONDENTS 4 TO 10:** - **1 MURALEEDHARAN K.V., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.DIVISION, ALATHUR, PALAKKAD.** - **2 DAISY V.I., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H. DIVISION, KASARAGOD.** - **3 SATHEESH KUMAR K.P., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.SUB DIVISION, KALPETTA.** - **4 SATHEESH R., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H. DIVISION, PALAKKAD.** - **5 SATHYAN U.K., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H. SUB DIVISION, SULTHAN BATHERY, WYNAD.** - **6 MADHU N., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, W.S.P. SUB DIVISION, KASARAGOD.** **7 USHA A.C., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR.** **BY ADVS. SRI.ELVIN PETER P.J. SMT.N.R.REESHA** W.A.Nos.1998 of 2018 & 102 of 2019 2 ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 2 IN THE WP(C):** |**1**|**JAYARAJ T.,**| |---|---| ||**DRAFTSMAN GRADE II, KERALA WATER AUTHORITY,**| ||**W.S.P. SUB DIVISION, VIDYANAGAR, KASARAGOD.**| |**2**|**KERALA WATER AUTHORITY,**| ||**JALABHAVAN, THIRUVANANTHAPURAM,**| ||**REPRESENTED BY ITS MANAGING DIRECTOR.**| |**3**|**THE STATE OF KERALA -**| ||**REPRESENTED BY SECRETARY TO WATER RESOURCES**| ||**DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.**| ||**BY ADVS.**| ||**SRI.P.BENJAMIN PAUL,SC,KERALA WATER AUTHORITY**| ||**FOR R2**| ||**SRI.M.SASINDRAN FOR R1**| ||**SMT.K.R.DEEPA, SR.GOVT.PLEADER FOR R3**| **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.02.2019, ALONG WITH WA.102/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.Nos.1998 of 2018 & 102 of 2019 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI** **MONDAY,THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940** ## **W.A.No. 102 of 2019** **AGAINST THE JUDGMENT DATED 12.12.2017 IN WP(C) 11017/2009 OF THIS COURT** **APPELLANT/RESPONDENT NO.1:** **KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR.** **BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY** ## **RESPONDENTS/PETITIONER & RESPONDENTS 2, 4 TO 10 IN THE WP(C):** - **1 JAYARAJ T., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, W.S.P SUB DIVISION, VIDYANAGAR, KASARAGOD- 671121.** - **2 THE STATE OF KERALA - REPRESENTED BY SECRETARY TO WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001.** **3 MURALEEDHARAN K.V., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.DIVISION, ALATHUR, PALAKKAD- 678541.** - **4 DAISY V.I., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.DIVISION, KASARAGOD- 671121.** W.A.Nos.1998 of 2018 & 102 of 2019 4 **5 SATHEESH KUMAR K.P., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.SUB DIVISION, KALPETTA- 673121.** **6 SATHEESH R., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.DIVISION, PALAKKAD- 678001.** **7 SATHYAN U.K., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H.SUB DIVISION, SULTHAN BATHERY, WAYANAD- 673592.** - **8 MADHU.N., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, W.S.P SUB DIVISION, KASARAGOD- 671121.** **9 USHA A.C., DRAFTSMAN GRADE II, KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR- 670001.** **BY ADVS. SRI.ANIL SIVARAMAN FOR R3 TO R9 SRI.M.SASINDRAN FOR R1 SMT.K.R.DEEPAD, SR.GOVT.PLEADER FOR R2** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.02.2019, ALONG WITH WA.1998/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A.Nos.1998 of 2018 & 102 of 2019 5 ## Judgment ## Chitambaresh, J. - 1.We do not find any infirmity in the judgment impugned which holds that the regularisation in service of temporary hands even if from an anterior date cannot prejudicially affect the seniority of others. The same is strictly in accordance with Rule 18(a) of the Kerala State and Subordinate Services Rules and the decision in Babu Raj v. State of Kerala [1994 KHC 406(FB)]. That the services of the party respondents in the writ petition were regularlised only by the proceedings dated 15.12.2003 of the Kerala Water Authority is indisputable. The fact that the Government or the Kerala Water Authority would have accepted this move in principle earlier in connection with the Golden Jubilee of Indian Independence is immaterial. - 2.The writ petitioner was appointed in the Kerala Water Authority as early as on 26.4.2001 and his seniority shall not be prejudicially affected by the subsequent regularisation of the temporary employees. The above conclusion is also fortified by the decisions in Shanmugham v. Kerala Water Authority [(2004) KHC 614] and W.A.Nos.1998 of 2018 & 102 of 2019 6 Registrar General of India v. Thippa Setty [(1996) 1 SCC 188]. We cannot also agree to the contention that Rule 18(a) of the Kerala State and Subordinate Services Rules has been relaxed by the invocation of Rule 39 of the said Rules. The impugned judgment directing the Kerala Water Authority to recast the seniority list treating the writ petitioner as senior to the party respondents therein is in order. The writ appeals are dismissed. Sd/V. CHITAMBARESH, JUDGE Sd/- R. NARAYANA PISHARADI, JUDGE Sha/180219 W.A.Nos.1998 of 2018 & 102 of 2019 7 ## **APPENDIX OF WA 1998/2018** **APPELLANTS' ANNEXURES:** **ANNEXURE A1 TRUE COPY OF THE RELEVANT EXTRACT OF RESOLUTION NO. 5243 DATED 30.7.1999 OF THE KERALA WATER AUTHORITY.** **ANNEXURE A2 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF DRAFTSMAN GRADE I PUBLISHED BY THE 1ST RESPONDENT. ANNEXURE A3 TRUE COPY OF THE ORDER DATED 19.6.2018 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A4 TRUE COPY OF THE ORDER DATED 7.7.2018 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A5 TRUE COPY OF THE DEATH CERTIFICATE OF V.G. GOPAKUMAR.** W.A.Nos.1998 of 2018 & 102 of 2019 8 ## **APPENDIX OF WA 102/2019** **ANNEXURES TO THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT TO C.M.APPL.NO.1/2019:** **ANNEXURE R1(A) A TRUE COPY OF THE LETTER DATED 1.2.2018 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF ENGINEER, ALONG WITH THE COPY OF THE JUDGMENT.** **ANNEXURE R1(B) A TRUE COPY OF THE REMINDER LETTER DATED 12.6.2018.** **ANNEXURE R1(C) A TRUE COPY OF THE REPRESENTATION DATED 9.7.2018.** **ANNEXURE R1(D) A TRUE COPY OF THE ORDER DATED 7.7.2018 ISSUED BY THE APPELLANT, IN VIOLATION OF THE JUDGMENT.** **ANNEXURE R1(E) A TRUE COPY OF THE ORDER DATED 22.9.2018 ISSUED BY THE APPELLANT.** **ANNEXURE R1(F) A TRUE COPY OF THE ORDER DATED 25.10.2018 ISSUED BY THIS COURT IN CONT.CASE (C)NO.1953 OF 2018.**