W.A.No. 1998 of 2018 & 102 of 2019 (Against the judgment in WP(C) 11017/2009)
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
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Babu Raj v. State of Kerala | (1994) KHC 406(FB) | Positive | Cited by the court to support that regularisation can be accommodated under Rule 18(a) without prejudicing seniority. |
| Shanmugham v. Kerala Water Authority | (2004) KHC 614 | Positive | Cited 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 188 | Positive | Cited to support the legality of actions affecting seniority under statutory rules. |
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