High Court of KeralaSingle JudgeDismissed as infructuous.

WP(C) No. 30716/2019 & connected cases ( consolidated writ petitions )

Case / Petition Number:WP(C) No. 30716/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2023-07-05
Court Decision / Holding
The writ petitions are therefore dismissed as infructuous; the court notes that Operators can apply under the newly promulgated Kerala Water Authority Technical Service Rules, but cannot seek inclusion in PSC notifications prior to the rules’ effective date (30.01.2023).
Final Disposition
Dismissed as infructuous.

Parties to the Case

Appellants / Petitioners

  • Varghese Vijesh
  • Muhammed Sherief T.M.
  • Rexin P.S
  • Ansar S
  • Jithesh V
  • Mathew Joseph
  • Jaimon Sebastian
  • Sooraj K.N
  • Akshay Raj V
  • Abhilash S
  • Aji Balakrishnan
  • Aj Balakrishnan
  • Anup M
  • Vishnu V
  • Purushothaman K.V
  • Juby Paul Cherian
  • Vishnu Prathap Nair P
  • Roy N.P
  • Saju.M
  • Faheem.V
  • Jayesh D.S
  • Joy.D
  • Vipin.A.V
  • SarathlAL.N.B
  • Suresh Jacob
  • Reny P.Varkey
  • Austhar Ali A
  • Madhu Chandran A
  • Muhammed Razi
  • Shain P.Raj
  • Sreejith K.N
  • Abilash Kumar M
  • Anilraj B.L
  • Gourisankar R
  • Abdul Kareem
  • Vinod T.P
  • Arjun Mohan P.C
  • Deepak Xavey N
  • Varghese Vijesh (dup)
  • Muhammed Sherief T.M (dup)

Respondents

  • State of Kerala represented by the Principal Secretary to Government, Water Resources Department
  • Kerala Water Authority represented by its Managing Director
  • Kerala Public Service Commission represented by its Secretary
  • Praveen Raj J, Draftsman Grade II/11
  • Sandeepkumar N B, Draftsman Grade II/11
  • Bineeth K, Draftsman Grade II
  • ShojomOn Francis, Draftsman Grade II

Legal Representation & Advocates

Counsels for Petitioners

  • • K. Mohanakannan
  • • Smt. A.R. Pravitha
  • • Johnson Jose Panjikkaran
  • • Rimju P.H.
  • • Arun Mathew Vadakkan
  • • M. Mary Benjimin
  • • Smt. P.C. Sasidharan
  • • Smt. P. Benjamin Paul
  • • Sri. Georgie Johny
  • • Smt. Anima M
  • • Dr. Stanly Chazhoor
  • • R. Srinath
  • • K. Jaladhar An
  • • V.M. Jacob
  • • Smt. K.G. Sarojini
  • • Sri. P.M. Johny

Counsels for Respondents

  • • Smt. Mary Benjemin
  • • Sri. P.C. Sasidharan
  • • Sri. P. Benjamin Paul
  • • Sri. Georgie Johny
  • • Smt. Anima M
  • • Adv. Arun Mathew Vadakkan
  • • Adv. John Jose Panjikkaran
  • • Rimju P.H.
  • • Sri. G. Ganesh
  • • Sri. Elvin Peter
  • • K. R. Ganesh
  • • Sreelekshmi A.S.

Case Synopsis & Summary

These consolidated writ petitions were filed by operators of the Kerala Water Authority (KWA) seeking inclusion of the Operator category in the feeder categories for appointment as Assistant Engineers under the in‑service quota and inclusion in PSC notifications. The petitioners, all KWA employees with engineering qualifications (B.Tech), argued that their six years of service and qualifications render them suitable for promotion to Assistant Engineer just as LDCs and Overseers who were included in feeder categories. They highlighted that there are about 1,726 Operator posts in KWA and that the promotional avenues are extremely limited, creating a discriminatory situation contrary to Article 14 of the Constitution. They urged finalisation of the Draft Technical Service Rules and inclusion of Operators in the feeder categories and PSC lists, relying on earlier court directions (W.P.(C) Nos. 9877/2014 and 10988/2017) and the requirement to operationalise rules. The State, KWA, and KPSC argued that Special Rules for Engineering/Technical staff were not finalised; recruitment to in‑service quotas has been governed by PHED Rules, and that PSC notifications prior to 30.01.2023 could not be applied to non‑enabling posts. After considering the matter, the Court held that rights arise from the existing rules, that the 2023 Kerala Water Authority Technical Service Rules permit Operators to apply for direct recruitment up to age 50, and that including Operators in PSC notifications prior to those rules is not legally tenable. The petitions were dismissed as infructuous.

Provisions of Law Cited

Article 14 of the Constitution of IndiaKerala Public Health Engineering Subordinate Service Rules, 1966 (GO(P) No.403/1966)Kerala Public Health Engineering Subordinate Service Rules, 1966 (PHES Rules)Kerala Water Authority Engineering Service Rules, 2021Kerala Water Authority Technical Service Rules, 2023Kerala Water Authority Engineering Service Rules, 2019 (Draft)Extra Ordinary Gazette No.358 dated 30.01.2023/GO(P) No.1/2023/WRD dated 27.01.2023

Legal Doctrines & Maxims

  • There is no right for an employee outside the rule governing the service
  • Rights and obligations of service personnel are sourced from the service rules governing their post
  • Rules governing recruitment bind the field; new rules may alter eligibility and feeder categories
  • State must act within the rule framework and cannot grant relief contrary to governing rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Operators in KWA, with six years of service and B.Tech qualification, should be included in the feeder categories for appointment to the post of Assistant Engineer under the 10% in‑service quota, just like LDCs/Overseers who are included. They note that there are 1726 Operator posts and limited promotional prospects, causing discriminatory effects and violating Article 14. They point out that Draft Technical Service Rules have been pending since 2010 and that PSC notifications pre‑date the 2023 Rules; they assert that the absence of enabling rules prevents A.E. appointments under PSC notifications and seeks finalisation of the Rules and inclusion of Operators in PSC notifications. They rely on judgments directing finalisation of rules (W.P.(C) Nos. 9877/2014 and 10988/2017) and on outcomes of prior decisions. They urge relief including inclusion of Operators in the feeder categories and direction to PSC to consider Operators for in‑service quota vacancies under the old scheme.

Contentions of Respondents

The respondents submit that Special Rules for technical staff have not been framed; recruitment to the in‑service quota is governed by PHED Rules; PSC notification eligibility depends on the specific feeder categories in the rules; the 2019 Draft KWA Technical Service Rules were reviewed but not finalised; the 2023 KWA Technical Service Rules enable Operators to apply for direct recruitment up to age 50, but inclusion in earlier PSC notifications cannot be directed, as the rights arise from the rules governing service; they contend there is no automatic entitlement to be considered for older vacancies under the old notification, and urge dismissal of the petitions as infructuous.

Cited Precedents (6)

Case NameCitationTreatmentExplanation
Y.V. Rangaiah v. Sreenivasa Rao(1983) 3 SCC 284OverruledThe judgment states that the Apex Court overruled YVR in the later decision (State of Himachal Pradesh v. Raj Kumar) that there is no right outside the rules governing service.
State of Himachal Pradesh and others v. Raj Kumar and others2022 SCC Online 680PositiveUsed to support the proposition that there is no right for an employee outside the rule governing the service.
Mehaboob P.M. v. State of Kerala(2022) 4 KLT 653PositiveNoted as a case followed by a Division Bench in context of rules governing service rights.
W.P.(C) Nos. 36752 and 36809 of 2022-Mentioned OnlyJudgment noted as an authority in 2022 decision without direct application of its cited ratios to the present petition.
W.P.(C) No.9877/2014-Mentioned OnlyCited as part of prior jurisprudence referenced in the petitions.
W.P.(C) No.10988/2017-Mentioned OnlyCited as part of prior jurisprudence referenced in the petitions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 30716 OF 2019** ## **PETITIONERS:** - **1 VARGHESE VIJESH, AGED 37 YEARS S/O.K.D.JOSEPH, KURIAPPILLY HOUSE, THURUTHUR, PUTHANVELIKKARA.P.O, ERNAKULAM DISTRICT** - **2 MUHAMMED SHERIEF T.M, AGED 42 YEARS S/O.T.P.MARAKKAR, THUPPANATH HOUSE, ELOOR EAST, UYOGAMANDAL.P.O, ERNAKULAM DISTRICT** **BY ADVS. K.MOHANAKANNAN SMT.A.R.PRAVITHA** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001** - **2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695001** - **3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM.P.O, THIRUVANANTHAPURAM-695004** **BY ADVS. SRI.P.C.SASIDHARAN (SC)-R3 SRI.P.M.JOHNY (SC)-R2** **SMT.ANIMA M, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).1860/2021, 1880/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 2 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 1860 OF 2021** ## **PETITIONERS:** - **1 REXIN P.S. AGED 44 YEARS S/O K.P SREENIVASAN (LATE), OPERATOR, PH SUB DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM-691 001.** - **2 ANSAR S, AGED 37 YEARS S/O SAINULABDEEN A, OPERATOR, PH SUB DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM-691 001.** - **3 JITHESH V, AGED 29 YEARS S/O BALAKRISHNAN V, OPERATOR, KERALA WATER AUTHORITY, WSP SUB DIVISION, KASARAGOD-671 121.** - **4 MATHEW JOSEPH, AGED 33 YEARS S/O JOSEPH K M, OPERATOR, KERALA WATER AUTHORITY, PH DIVISION, MUVATTUPUZHA, ERNAKULAM-686 661.** - **5 JAIMON SEBASTIAN, AGED 27 YEARS S/O SEBASTIAN A L, OPERATOR, WATER WORKS SECTION NO 2, SUB DIVISION THRISSUR, PH DIVISION THRISSUR, KERALA WATER AUTHORITY, CHEMBUKAVU, THRISSUR-680 020.** - **6 SOORAJ K.N, AGED 35 YEARS S/O NARAYANAN K.V.OPERATOR, KERALA WATER AUTHORITY, PH SECTION, KUMBALA, WSP SUB DIVISION, KASARAGOD-671 121.** W.P.(C) No.30716/2019 & connected cases : 3 : - **7 AKSHAY RAJ V, AGED 29 YEARS S/O M P VIJAYAKUMAR, OPERATOR, KERALA WATER AUTHORITY, WATER WORKS, EAST SUBDIVISION, PTP NAGAR, THIRUVANANTHAPURAM-695 038.** - **8 ABHILASH S, AGED 29 YEARS S/O SREEDHARAN PILLAI K, OPERATOR, PH SUB DIVISION, KOLLAM, KERALA WATER AUTHORITY, KOLLAM-691 001.** - **9 AJI BALAKRISHNAN, AGED 41 YEARS S/O BALAKRISHNAN, OPERATOR, WS SECTION, KERALA WATER AUTHORITY, PATHANAPURAM, KOLLAM-689 695.** - **10 ANUP M, AGED 29 YEARS S/O K MOHANAN NAIR, OPERATOR, KERALA WATER AUTHORITY, SEWERAGE SUB-DIVISION, KURIYATHI (S), THIRUVANANTHAPURAM-695 009.** - **11 VISHNU V, AGED 31 YEARS S/O VIJAYAN V, OPERATOR, KERALA WATER AUTHORITY, PH SECTION, EDATHUA, PH DIVISION, THIRUVALLA-689 573.** - **12 PURUSHOTHAMAN K.V, AGED 40 YEARS S/O PADMANABHA K.V, (LATE) OPERATOR, SUB DIVISION, KASARAGOD, KERALA WATER AUTHORITY, KASARAGOD.** - **13 JUBY PAUL CHERIAN, AGED 29 YEARS S/O N C CHERIAN (LATE), OPERATOR, KERALA WATER AUTHORITY, P.H. SECTION, CHANGANACHERRY, P.H.SUB DIVISION, CHANGANACHERRY, KOTTAYAM-686 101.** - **14 VISHNU PRATHAP NAIR P, AGED 34 YEARS S/O PEETHAMBARAN NAIR, OPERATOR, KERALA WATER AUTHORITY, PH SECTION, KOTTAYAM, PH SUB DIVISION, KOTTAYAM-686 001.** W.P.(C) No.30716/2019 & connected cases : 4 : **15 ROY N.P, AGED 42 YEARS S/O N.C.PORINCHU, OPERATOR, KERALA WATER AUTHORITY, SUB DIVISION, WADAKKANCHERRY, PH DIVISION, THRISSUR, W.S.P SECTION, WADAKKANCHEERY-680 590.** **BY ADVS. JOHNSON JOSE PANJIKKARAN RIMJU P.H.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001.** - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O.THIRUVANANTHAPURAM-695 004.** **BY ADVS. SMT.MARY BENJEMIN SHRI.P.C.SASIDHARAN, SC, KPSC SHRI.P.BENJAMIN PAUL, SC, KWA SRI.GEORGIE JOHNY-R2 SMT.ANIMA M, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 5 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945** ## **WP(C) NO. 1880 OF 2021** ## **PETITIONERS:** - **1 SAJU.M, AGED 33 YEARS S/O.SOMASUNDARAN, MANTHODI, KOTTAKKAL, KUTTIPPURAM P.O., MALAPPURAM-676 503.** - **2 FAHEEM.V. AGED 29 YEARS S/O.VEERANKOYA, PULLUTHODI HOUSE, PULIKKAL P.O., MALAPPURAM-673 637.** - **3 JAYESH.D.S. AGED 35 YEARS S/O.DIVAKARAN NAIR, THEKKEKOTTAYATHU VEEDU, KARUMANOOR, PARASSALA, TRIVANDRUM DISTRICT-695 502.** - **4 JOY.D., AGED 48 YEARS S/O.DIVAKARAN.K., KIZHAKKEBHAGAM, KALAKKODU P.O., BHOOTHAKULAM, KOLLAM DISTRICT-691 302.** - **5 VIPIN.A.V. AGED 38 YEARS S/O.VALSAN.A.V., APPAMVEETTIL, BALUSSERY, ERAMANGALAM, KOZHIKODE DISTRICT-673 612.** - **6 SARATHLAL.N.B., AGED 30 YEARS S/O.NARAYANAN, BHAVAN HOUSE, MUTTIL P.O., WAYANAD DISTRICT-673 122.** - **7 SURESH JACOB, AGED 33 YEARS S/O.JACOB, KANJHIRAPPALLIYIL HOUSE, KANAKKARI, KOTTAYAM DISTRICT-686 632.** - **8 RENY P.VARKEY, AGED 37 YEARS S/O.C.P.VARKEY, KAZKADDDATHU, PUTHEN VEEDU, GANDHI NAGAR, ALAPPUZHA DISTRICT-690 101.** W.P.(C) No.30716/2019 & connected cases : 6 : - **9 AUSTHAR ALI.A.,AGED 42 YEARS S/O.ALIYARUKUNJU, SALAMATHU BHAVAN, PUTHUVAYALIL, PANTHRANDUMURI, THATTAMALA P.O., KOLLAM DISTRICT-691 020.** - **10 MADHU CHANDRAN.A.,AGED 41 YEARS S/O.CHANDRAN PILLAI, MINI NIVAS, SANTHI NAGAR 146, KILIKOLLOOR P.O., KOLLAM DISTRICT-691 004.** - **11 MUHAMMED RAZI, S/O.NAZARUDEEN, ELAVENTAYYATH HOUSE, CHANTHINAMKULAM, CHANDANATHOPPE P.O., KOLLAM DISTRICT-691 014.** - **12 SHAIN P.RAJ, AGED 46 YEARS S/O.K.P.RAJAN, SREENILAYAM, CHANDANTHOPPU P.O., KOLLAM DISTRICT-691 014.** - **13 SREEJITH.K.N., AGED 36 YEARS S/O.NARAYAN, KALAPPURATHU HOUSE, THENHIPALAM P.O., MALAPPURAM DISTRICT-673 636.** ## **BY ADV ARUN MATHEW VADAKKAN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695 001.** - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695 004.** **BY ADVS. SMT.MARY BENJEMIN SRI.P.C.SASIDHARAN SRI.P.BENJAMIN PAUL SRI.GEORGIE JOHNY SMT.ANIMA M, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 7 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 16023 OF 2021** ## **PETITIONERS:** - **1 ABILASH KUMAR M., AGED 32 YEARS S/O ARAVINDHAKSHAN M, OPERATOR, KERALA WATER AUTHORITY PH SECTION , OLLUR, THRISSUR-680 306.** - **2 ANILRAJ B.L, AGED 32 YEARS S/O BALRAJ S, OPERATOR, KERALA WATER AUTHORITY, PH SUB DIVISION, THIRUVALLA-680 101.** - **3 GOURISANKAR R, AGED 32 YEARS S/O REGHUNANDHAN NAIR K.S, OPERATOR, KERALA WATER AUTHORITY,WSP SECTION, ALAPPUZHA-688 001.** **BY ADVS. JOHNSON JOSE PANJIKKARAN P.H.RIMJU** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001.** W.P.(C) No.30716/2019 & connected cases : 8 : ## **3 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O.THIRUVANANTHAPURAM-695 004.** **BY ADVS. MARY BENJEMIN SHRI.P.C.SASIDHARAN, SC, KPSC SHRI.P.BENJAMIN PAUL, SC, KWA GEORGIE JOHNY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 9 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** # **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 15793 OF 2022** ## **PETITIONERS:** - **1 VARGHESE VIJESH, AGED 39 YEARS S/O. K.D.JOSEPH, KURIAPPILLY HOUSE, THURUTHUR, PUTHANVELIKKARA (PO), ERNAKULAM DSITRICT-683 594** - **2 MUHAMMED SHERIEF.T.M., AGED 44 YEARS S/O. T.P.MARAKKAR THUPPANATH HOUSE, ELOOR WEST, UDYOGAMANDAL (PO), ERNAKULAM DISTRICT-683 501** **BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA)** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001** - **2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695 001** - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695 004** **BY ADVS. SMT.K.G. SAROJINI, GOVERNMENT PLEADER SRI.P.M.JOHNY-R2 SRI.P.C.SASIDHARAN-R3** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 10 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 17097 OF 2022** ## **PETITIONERS:** - **1 ABDUL KAREEM, AGED 52 YEARS S/O. MUHAMMED, KARIPURATH HOUSE, VADAPURAM, NILAMBUR, MALAPPURAM, PRESENTLY WORKING AS SURVEYOR GR.I, KERALA WATER AUTHORITY, MALAPPURAM.** - **2 VINOD T.P., AGED 47 YEARS S/O. PANKAJAKSHAN, THATTARIL HOUSE, SOUTH CHITTOOR, ERNAKULAM, PRESENTLY WORKING AS HEAD FITTER, KERALA WATER AUTHORITY, KADAVANTHRA, ERNAKULAM.** - **3 ARJUN MOHAN P.C., AGED 28 YEARS S/O. MURALI MOHAN, MOHANAM HOUSE, PALADANCHIRAKKAL, GURUVAYOORAPPAN COLLEGE, KOZHIKODE, PRESENTLY WORKING AS HOUSE ATTENDANT, KERALA WATER AUTHORITY, SARVARAM, KOZHIKODE.** ## **BY ADV K.MOHANAKANNAN** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-695001.** ## W.P.(C) No.30716/2019 & connected cases : 11 : - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM-695004.** **BY ADVS. SRI.P.M.JOHNY-R2 SRI.P.C.SASIDHARAN-R3 SMT.K.G. SAROJINI, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 12 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 21990 OF 2022** ## **PETITIONER:** **DEEPAK XAVEY.N., OPERATOR, KERALA WATER AUTHORITY, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, SEWERAGE SUB DIVISION (SOUTH), KURIATHY, THIRUVANANTHAPURAM-695 009.** **BY ADVS. B.RAGHUNATHAN M.SALIM DR.STANLY CHAZHOOR R.SRINATH K.JALADHARAN V.M.JACOB** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 KERALA WATER AUTHORITY , REPRESENTED BY MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, WATER AUTHORITY CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010.** - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004.** ## W.P.(C) No.30716/2019 & connected cases : 13 : **BY ADVS. SMT.ANIMA M, GOVERNMENT PLEADER SRI.GEORGIE JOHNY-R2 SRI.P.C.SASIDHARAN, SC, KPSC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 14 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 WP(C) NO. 4614 OF 2023** ## **PETITIONERS:** **1 REXIN P.S AGED 46 YEARS S/O K P SREENIVASAN(LATE), OPERATOR, KERALA WATER AUTHORITY. WS SUB DIVISION, KOLLAM., PIN - 691001 2 AJI BALAKRISHNAN AGED 43 YEARS S/O BALAKRISHNAN(LATE) OPERATOR, KERALA WATER AUTHORITY, PH SUBDIVISION, KADAKKAL., PIN - 691536 3 SUMESH K.S AGED 42 YEARS S/O SIVADASAN PILLAI.P(LATE) OPERATOR, KERALA WATER AUTHORITY, P H SECTION, CHAVARA., PIN - 691583 4 ABHILASHKUMAR.M AGED 34 YEARS S/O ARAVINDHAKSHAN.M OPERATOR. KERALA WATER AUTHORITY, WS AUGMENTATION SECTION, PALAKKAD., PIN - 678001 5 ABHILASH S AGED 31 YEARS S/O SREEDHARAN PILLAI K OPERATOR, KERALA WATER AUTHORITY, HEAD WORKS SECTION,SASTHAMCOTTA., PIN - 690521 6 JUBY PAUL CHERIAN AGED 31 YEARS OPERATOR, KERALA WATER AUTHORITY P. H SUB DIVISION, MALLAPPALLY, PIN - 689585 7 SOORAJ K.N, AGED 37 YEARS S/O NARAYANAN K V, OPERATOR, KERALA WATER AUTHORITY, PH SECTION KUMBALA, KASARAGOD, PIN - 671321** ## W.P.(C) No.30716/2019 & connected cases : 15 : **8 PURUSHOTHAMAN.K.V AGED 42 YEARS S/O PADMANABHAN.K.V ( LATE ) OPERATOR, KERALA WATER AUTHORITY, PH SECTION, CHERUVATHUR., PIN - 671313 9 ROY N.P AGED 44 YEARS S/O N.C PORINCHU, OPERATOR, KERALA WATER AUTHORITY P H SECTION, GURUVAYOOR., PIN - 680101 10 JAIMON SEBASTIAN AGED 29 YEARS S/O SEBASTIAN A L OPERATOR, KERALA WATER AUTHORITY, PH SECTION OLLUR, PIN - 680306 11 AKSHAY RAJ V AGED 31 YEARS S/O M P VIJAYAKUMAR(LATE) OPERATOR, KERALA WATER AUTHORITY WATER SUPPLY SUBDIVISION, ARUVIKKARA., PIN – 695564** **BY ADVS. JOHNSON JOSE PANJIKKARAN RIMJU P.H.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM-, PIN - 695001** - **3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004** - **4 PRAVEEN RAJ J PEN NO-G45322, DRAFTSMAN GRADE 11, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695033** W.P.(C) No.30716/2019 & connected cases : 16 : - **5 SANDEEPKUMAR N B PEN NO-G44519 DRAFTSMAN GRADE 11, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033** - **6 BINEETH K PEN NO-G43397 DRAFTSMAN GRADE II, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033** - **7 SHOJOMON FRANCIS PEN NO-G45537 DRAFTSMAN GRADE II, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN – 695033** **BY ADVS. ELVIN PETER P.J. K.R.GANESH(K/000551/1991) GOURI BALAGOPAL(K/002008/2019) ABHIJITH.K.ANIRUDHAN(K/1644/2020) SREELEKSHMI A.S.(K/1313/2021)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, ALONG WITH WP(C).30716/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.30716/2019 & connected cases : 17 : ## **CR** ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` W.P.(C) No.30716 of 2019, 1860, 1880 and 16023 of 2021, 15793, 17097 and 21990 of 2022 and 4614 of 2023 ````````````````````````````````````````````````````````````` _Dated this the 5[th] day of July, 2023_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioners in these writ petitions are working as Operators in the Kerala Water Authority. The writ petitions have been filed seeking to direct the State of Kerala to finalise the Draft Technical Service Rules for the Kerala Water Authority and to include the category of Operators also in PSC Notifications for recruitment to the posts of Assistant Engineers. 2. For convenience, the parties and exhibits are referred to in this judgment as they are arrayed and marked ## W.P.(C) No.30716/2019 & connected cases : 18 : in W.P.(C) No.30716/2019. 3. The petitioners state that they have been working as Operators in the Kerala Water Authority (KWA). They have B.Tech qualifications. By Ext.P1 notification dated 31.12.2012, the Kerala Public Service Commission invited applications for recruitment to the post of Assistant Engineer in the KWA. LDCs with six year experience and First and Second Grade Overseers with two years experience were made eligible to apply for the post under the 10% in-service quota. The petitioners rue that the 2[nd] respondent-KWA has omitted to include the category of Operators in Ext.P1 notification along with LDCs and Overseers. The PSC examination and selections is over. 4. The petitioners submitted representations requesting the KWA to include the Operators like the petitioners having six years service and prescribed qualification in the zone of consideration for selection to the post of Assistant Engineers in the in-service quota. As the Draft Technical Service Rules have not been implemented by ## W.P.(C) No.30716/2019 & connected cases : 19 : the KWA so far, the petitioners are incapacitated to apply for appointment to the post of Assistant Engineers in the inservice quota. 5. The petitioners contend that the category of Operators are drawing salary in the same pay scale as that of the 3[rd] Grade Overseers and LDCs. Therefore, when 3[rd] Grade Overseers and LDCs are included in the PSC notification, the petitioners who are Operators could not have been excluded. The exclusion offends Article 14 of the Constitution of India. 6. There are 1726 posts of Operators in KWA. Only 345 of them would get promotion as Head Operators. Only six among them would be promoted to the post of Mechanical Superintendents. Their promotional avenues are thus limited. In the circumstances, the 1[st] respondentState of Kerala is duty bound to implement the Draft Technical Service Rules. Non-consideration of Operators like the petitioners who are having sufficient educational qualification for appointment to the posts of Assistant W.P.(C) No.30716/2019 & connected cases : 20 : Engineers while persons from other categories are appointed as Assistant Engineers, is highly illegal and discriminatory, contend the petitioners. 7. The petitioners pointed out that in W.P.(C) No.10988/2017, this Court had directed the Government to take a decision on the Draft Technical Service Rules. In the judgment in W.P.(C) No.9877/2014 also, this Court had directed the State of Kerala to take steps to finalise the Rules as expeditiously as possible. The respondents have given scant regard to the judgments of this Court. In the circumstances of the case, the State of Kerala is compellable to finalise the Draft Technical Service Rules and the Public Service Commission is liable to include the category of Operators for appointment to the post of Assistant Engineer against the in-service quota vacancies, contend the petitioners. 8. The Kerala Public Service Commission (PSC) resisted the writ petitions. On behalf of the PSC, it is submitted that Special Rules for the Technical Staff of the ## W.P.(C) No.30716/2019 & connected cases : 21 : KWA have not been framed. Therefore, recruitment notification for the post of Assistant Engineers was published as per the Special Rules of Kerala Public Health Engineering Subordinate Service Rules (PHED). Recruitment rules are framed by the respective Departments of the Government in consultation with the Commission. Which should be the categories to be included as feeder categories for appointment/promotion to a post, is primarily for the employer to decide. The category of Pump Operator was not included as a feeder category for Assistant Engineer in the Special Rules of PHED. 9. The Commission further submitted that Draft Special Rules for Engineering Technical Staff of KWA was received by the Commission on 03.12.2010 from the Water Resources Department. The Commission tendered its advice on 11.05.2011. The State Government did not give its nod for finalisation of the recruitment rules. Subsequently, a modified Draft Service Rules for the Engineering Technical Staff has been forwarded to the Commission. The W.P.(C) No.30716/2019 & connected cases : 22 : Commission is examining the Draft Rules and advice would be tendered without delay. 10. The Kerala Water Authority filed counter affidavit in W.P.(C) No.1860/2021. On behalf of the KWA, it is submitted that the sanctioned strength of Assistant Engineers in KWA is 404. Out of the total sanctioned strength, 242 posts are reserved for Degree holders, 122 posts for Diploma holders and 40 posts for Certificate holders. 10% of Degree quota is reserved for in-service recruitment. Persons qualified for the 10% Degree quota are appointed from a rank list published, after test and interview. 11. The KWA is following the Kerala Water Authority Engineering Service Rules, 2021 and the Rules do not provide provision for an Operator to be appointed or promoted to the post of Assistant Engineer. The Draft of KWA Technical Service Rules, 2019 is in discussion at various stages. Based on the directives from the Government, the Draft was revised and resubmitted on 20.12.2021. There is no violation of any fundamental right or ## W.P.(C) No.30716/2019 & connected cases : 23 : statutory right of the petitioners. The claim of the petitioners is unsustainable. The writ petitions are therefore liable to be dismissed. 12. I have heard the learned counsel for the petitioners, the learned Government Pleader representing State of Kerala and the learned counsel appearing for the Kerala Water Authority and the Kerala Public Service Commission. 13. The petitioners state that they are working as Operators and have more than six years experience. LDCs and Overseers with similar qualifications are made eligible and are included as feeder categories for appointment as Assistant Engineers against 10% in-service quota vacancies. According to the petitioners, going by the qualifications possessed and nature of duties discharged by the Operators, they are also suitable to discharge the duties of Assistant Engineers like the LDCs and Overseers who are included in feeder category. 14. The petitioners would submit that promotional ## W.P.(C) No.30716/2019 & connected cases : 24 : avenues available to Operators are limited, unlike in the case of LDCs and Overseers. Taking into consideration the requirements of the establishment, the KWA had proposed promulgation of Technical Service Special Rules. The Government is sitting over the proposal in spite of the directions given by this Court in W.P.(C) Nos.9877 of 2014 and 10988 of 2017, contend the petitioners. 15. It is seen from the pleadings that as there were no Special Rules for recruitment to the post of Assistant Engineer, the KWA has been following the PHED Rules for direct recruitment of in-service employees to the cadre of Assistant Engineers. The relevant rule is as follows: Method of Appointment-Draftsman Grade-I and II, Water Works Inspector, Drainage Inspector, Overseer Grade-I and II, Works Superintendent Grade-I and II cadres having two years of service, Clerks having minimum 6 years of service, Overseer Grade-III having minimum 3 years of service in Kerala Water Authority can apply for direct recruitment to the post of Assistant Engineer. 16. Under the PHED Rules, only Draftsman Grade-I and II, Water Works Inspectors, Drainage Inspectors, ## W.P.(C) No.30716/2019 & connected cases : 25 : Overseers Grade-I, II and III, Works Superintendents Grade-I and II and Clerks having certain minimum periods of service were made eligible for direct recruitment as Assistant Engineers against the 10% in-service quota. The petitioners, who are Operators having B.Tech qualification, are not included in the feeder categories. 17. Proposals have been pending for inclusion of Operators also in the feeder categories, since the year 2010. Draft Technical Service special Rules for Engineering Technical Staff were sent by the then Water Resources Department to the PSC in December, 2010. The PSC tendered their advice on 11.05.2011. However, the Government did not pass final order in this regard. 18. Later, a modified Draft Service Rules for the Engineering/Technical Staff were forwarded to the Commission which contemplated inclusion of Operators also in the feeder categories. Thereafter, taking into consideration the judgment dated 23.12.2022 of this Court in W.P.(C) Nos.36752 and 36809 of 2022, the KWA promulgated the ## W.P.(C) No.30716/2019 & connected cases : 26 : Kerala Water Authority Technical Service Rules as per Extra Ordinary Gazette No.358 dated 30.01.2023 and published GO(P) No.1/2023/WRD dated 27.01.2023. 19. As per the Kerala Water Authority Technical Service Rules, the Operators like the petitioners seeking direct recruitment to the in-service quota vacancies of Assistant Engineers can apply and aspire for appointment upto the attainment of 50 years of age. In view of the promulgation of the Kerala Water Authority Technical Service Rules, the substantial prayer of the petitioners in the writ petitions is met. 20. What remains is the prayers of the petitioners to include the Operators also in the PSC Notifications published. The PSC Notification for recruitment to in-service quota was prior to the promulgation of the Kerala Water Authority Technical Service Rules on 30.01.2023. The petitioners cannot legally aspire for including their posts in PSC Notification without amending the Recruitment Rules. The Hon’ble Apex Court, considered the issue of inclusion of ## W.P.(C) No.30716/2019 & connected cases : 27 : categories/posts for appointments in the absence of enabling recruitment rules. The Apex Court, overruling the judgment in _**Y.V. Rangaiah v. Sreenivasa Rao** [(1983) 3 SCC 284]_ , held in the judgment in _**State of Himachal Pradesh and others v. Raj Kumar and others** [2022 SCC Online 680]_ that there is no right for the employee outside the rule governing the service. When the subsequent Rules come and there is no provision in the said Rules to enable any employee to be considered as per old Rules, the matter must end there. A Division Bench of this Court followed the said judgment in _**Mehaboob P.M. v. State of Kerala** [2022 (4) KLT 653]._ The law is therefore clear that the rights and obligations of the persons serving the Union and the States are to be sourced from the Rules governing their service. As the petitioners were not eligible for appointment as Assistant Engineers till 30.01.2023, the PSC cannot be directed to consider the candidature of the petitioners in any selection process conducted prior to 30.01.2023. 21. For all the afore reasons, the KWA or PSC cannot W.P.(C) No.30716/2019 & connected cases : 28 : be directed to consider the petitioners for appointment to the in-service quota vacancies of Assistant Engineers against the vacancies notified by the PSC prior to the promulgation of the Kerala Water Authority Technical Service Rules. The writ petitions are therefore dismissed as infructuous. Sd/- **N. NAGARESH, JUDGE** aks/03.07.2023 ## W.P.(C) No.30716/2019 & connected cases : 29 : ## **APPENDIX OF WP(C) 30716/2019** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 31.12.2012 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 27.09.2019 BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 26.09.2019 BEFORE THE 2ND RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY NO.A1-665/2005 VOL 2 DATED 14.10.2019 TO THE 1ST PETITIONER EXHIBIT P5 TRUE COPY OF THE PROCEEDING NO.A2104/2007 DATED 16.10.2019 WAS TAKEN BY THE ASSISTANT EXECUTIVE ENGINEER TO THE 2ND PETITIONER EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23.10.2018 IN WP(C)NO.9877/2014 EXHIBIT P7 TRUE COPY OF THE JUDGMENT AND 29.10.2018 IN WP(C)NO.10988/2017 EXHIBIT P8 TRUE COPY OF THE DRAFT SPECIAL RULES** ## W.P.(C) No.30716/2019 & connected cases : 30 : ## **APPENDIX OF WP(C) 1860/2021** ## **PETITIONER'S EXHIBITS** - **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 651/2012 DATED 31.12.2012 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P2 TRUE COPY OF THE ADDENDUM NOTIFICATION BEARING NO LR 1(2) 1074/2011/LW DATED 19.3.2014 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P3 TRUE COPY OF THE RANK LIST FOR CATEGORY NO 651/2012 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 650/2012 DATED 31.12.2012 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 12.1.2021** - **EXHIBIT P6 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 238/2010 DATED 31.8.2010 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P7 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 481/2020 DATED 31.12.2020 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTIONS OF KERALA WATER AUTHORITY TECHNICAL RULES, 2019** **EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO 9877/2014 EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC 10988/2017 EXHIBIT P11 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 083/2019 7 084/2019 DATED 27.7.2019 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE POST OF ASSISTANT ENGINEER POST IN IRRIGATION DEPARTMENT Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 01-11-2021 SUBMITTED BY KWASA-INTUC TO 2ND RESPONDENT. Exhibit P13 TRUE COPY OF THE REPLY GIVEN BY THE HONOURABLE MINISTER(DEPARTMENT OF** ## W.P.(C) No.30716/2019 & connected cases : 31 : **WATER RESOURCES) IN KERALA LEGISLATIVE ASSEMBLY DATED 29.10.2021** **Exhibit P14 TRUE COPY OF THE LETTER BEARING NO.14327/E4(A)/2014ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 8.11.2021** **Exhibit P15 TRUE COPY OF THE LETTER BEARING NO.LR1-2/50007/2018-KPSC ISSUED BY THE 3RD RESPONDENT DATED 10.12.2021** **Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 25.05.2021 IN WPC 9844 OF 2021 Exhibit P17 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO. 138/2022 DATED 04/05/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 09/05/2022 SUBMITTED BY KWAEU-CITU TO 3RD RESPONDENT Exhibit P19 TRUE COPY OF THE REPRESENTATION DATED 06/05/2022 SUBMITTED BY KWAEU-CITU TO 2ND RESPONDENT** - **Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 05/05/2022 SUBMITTED BY KWASA-INTUC TO 2ND RESPONDENT** - **Exhibit P21 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 19058/2012 DATED 31/12/2012** **RESPONDENT'S EXHIBITS Exhibit R2(a) A TRUE COPY OF KERALA PUBLIC HEALTH ENGINEERING SUBORDINATE SERVICESPECIAL RULES VIDE GO(P)NO.403 DATED 14/10/1966 Exhibit R2(b) TRUE COPY OF THE DRAFT TECHNICAL SPECIAL RULES SUBMITTED BY THE RESPONDENT ON 20/12/2021** ## W.P.(C) No.30716/2019 & connected cases : 32 : ## **APPENDIX OF WP(C) 1880/2021** ## **PETITIONER'S EXHIBITS** |**EXHIBIT P1**|**A TRUE COPY OF THE NOTIFICATION ISSUED**| |---|---| ||**BY THE 3RD RESPONDENT WITH CATEGORY**| ||**NUMBER 481/2020 DATED 31.12.2020.**| |**EXHIBIT P2**|**A TRUE PHOTOCOPY OF THE NOTIFICATION**| ||**ISSUED BY 2ND RESPONDENT DATED**| ||**31.12.2012.**| |**EXHIBIT P3**|**A TRUE PHOTOCOPY OF THE REPRESENTATION**| ||**SUBMITTED BEFORE THE 2ND RESPONDENT**| ||**DATED 12.01.2021 BY THE PETITIONERS**| ||**AND OTHERS.**| |**EXHIBIT P4**|**A TRUE PHOTOCOPY OF THE DRAFT**| ||**TECHNICAL SERVICE RULES.**| |**EXHIBIT P5**|**A TRUE PHOTOCOPY OF THE NOTIFICATION**| ||**ISSUED BY 3RD RESPONDENT AS CATEGORY**| ||**NO.84/19 DATED 27.07.2019.**| **RESPONDENT'S EXHIBITS Exhibit R2(A) A TRUE COPY OF KERALA PUBLIC HEALTH ENGINEERING SUBORDINATE SERVICESPECIAL RULES VIDE GO(P) NO.403 DATED 14/10/1966 Exhibit R2(B) TRUE COPY OF THE DRAFT TECHNICAL SPECIAL RULES SUBMITTED BY THE RESPONDENT ON 20/12/2021** ## W.P.(C) No.30716/2019 & connected cases : 33 : ## **APPENDIX OF WP(C) 16023/2021** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 651/2012 DATED 31.12.2012 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE ADDENDUM NOTIFICATION BEARING NO LR 1920 1074/2011/LW DATED 19.3.2014 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE RANK LIST FOR CATEGORY NO 651/2012 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 650/2012 DATED 31.12.2012 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS DATED 12.1.2021 Exhibit P6 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 238/2010 DATED 31.8.2010 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO M481/2020 DATED 31.1.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE RELEVANT PORTIONS OF KERALA WATER AUTHORITY TECHNICAL SERVICE RULES 2019. Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO 9877/2014 Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC 10988/2017 Exhibit P11 TRUE COPY OF THE NOTIFICATION BEARING CATEGORY NO 083/2019 & 084/2019 DATED 29.8.2019 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE POST OF ASSISTANT ENGINEER POST IN IRRIGATION DEPARTMENT** ## W.P.(C) No.30716/2019 & connected cases : 34 : ## **APPENDIX OF WP(C) 15793/2022** ## **PETITIONER'S EXHIBITS** **Exhibit P1 NOTIFICATION DATED 31.12.2012 ISSUED BY THE 2ND RESPONDENT** - **Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 27.9.2019** **Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 26.9.2019** - **Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY NO.AL-665/2005 VOL.2 DATED 14.10.2019 TO THE 1ST PETITIONER** - **Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO.A2104/2007 DATED 16.10.2019 WAS TAKEN BY THE ASSISTANT EXECUTIVE ENGINEER TO THE 2ND PETITIONER** - **Exhibit P6 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23.10.2018 IN WPC 9877/2014** - **Exhibit P7 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 29.10.2018 IN WPC 10988/2017** - **Exhibit P8 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT SPECIAL RULES WHICH IS TO BE IMPLEMENTED** - **Exhibit P9 TRUE COPY OF THE NOTIFICATION NO.138/2022 DATED 4.5.2022** ## W.P.(C) No.30716/2019 & connected cases : 35 : ## **APPENDIX OF WP(C) 17097/2022** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 23/10/2019 WPC NO. 9877/2014. Exhibit P2 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT DATED 29/10/2018 IN WPC NO.10988/2017. Exhibit P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION (C) 9844/2021 DATED 25/05/2021. Exhibit P4 TRUE COPY OF THE LETTER NO. 14980/E1/2020/KWA OF THE 2ND RESPONDENT DATED 20/12/2021 WITH THE DRAFT RULES VI-3, KERALA WATER AUTHORITY ENGINEERING SERVICE RULES, 2021. Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC 19058/2012 DATED 31/12/2012. Exhibit P6 TRUE COPY OF THE NOTIFICATION NO.138/2022 DATED 04/05/2022 PUBLISHED BY THE PSC. Exhibit P7 TRUE COPY OF THE JUDGMENT IN WA 937/2022 DATED 16/8/2022 Exhibit P8 TRUE COPY OF THE INFORMATION DOWNLOADED FROM THE SITE OF THE KERALA PUBLIC SERVICE COMMISSION Exhibit P9 TRUE COPY OF THE LETTER SENT BY THE GOVERNMENT TO THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY DATED 16/5/2022 Exhibit P10 TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGING DIRECTOR OF THE WATER AUTHORITY TO THE GOVERNMENT DATED 28/5/2022** ## W.P.(C) No.30716/2019 & connected cases : 36 : ## **APPENDIX OF WP(C) 21990/2022** ## **PETITIONER'S EXHIBITS** |**Exhibit P1**|**TRUE COPY OF THE NOTIFICATION IN THE**| |---|---| ||**GAZETTE DATED 4.5.2022 (CATEGORY**| ||**NO.137/2022) ISSUED BY 3RD RESPONDENT**| ||**DATED 23.2.2015.**| |**Exhibit P2**|**TRUE COPY OF THE NOTIFICATION IN THE**| ||**GAZETTE DATED 4.5.2022 (CATEGORY**| ||**NO.138/2022) ISSUED BY 3RD RESPONDENT.**| |**Exhibit P3**|**TRUE COPY OF THE APPLICATION DETAILS**| ||**DATED**<br>**20.5.2022**<br>**SUBMITTED**<br>**BY**| ||**PETITIONER TO 3RD RESPONDENT.**| |**Exhibit P4**|**TRUE**<br>**COPY**<br>**OF**<br>**LETTER**| ||**NO.14980/E1/2020/KWA DATED 20.12.2021**| ||**ALONG WITH THE DRAFT RULES (RELEVANT**| ||**PORTION).**| |**Exhibit P5**|**TRUE**<br>**COPY**<br>**OF**<br>**LETTER**| ||**NO.12704/E1/2022/KWA DATED 28.5.2022**| ||**OF 2ND RESPONDENT ADDRESSED TO 1ST**| ||**RESPONDENT.**| |**Exhibit P6**|**TRUE COPY OF INTERIM ORDER IN**| ||**WP(C)NO.1860 OF 2021 AND CONNECTED**| ||**CASES DATED 7.6.2022 OF THIS HON'BLE**| ||**COURT.**| ## W.P.(C) No.30716/2019 & connected cases : 37 : ## **APPENDIX OF WP(C) 4614/2023** ## **PETITIONER'S EXHIBITS** |**Exhibit P1**|**TRUE COPY OF THE NOTIFICATION BEARING**| |---|---| ||**G.O(P) NO. 1/2023/WRD DATED 27-1-2023**| ||**WITH THE KERALA WATER AUTHORITY**| ||**TECHNICAL SERVICE RULES, 2023**| |**Exhibit P2**|**TRUE COPY OF THE NOTIFICATION**| ||**NO.138/2022 DATED 4-5-2022 PUBLISHED**| ||**BY THE PSC**| |**Exhibit P3**|**TRUE COPY OF THE INTERIM ORDER PASSED**| ||**IN WRIT PETITION NO.1860/2021 AND**| ||**CONNECTED CASES DATED 7-6-2022**| |**Exhibit P4**|**TRUE COPY OF THE JUDGMENT IN WA**| ||**1009/2022 AND CONNECTED CASES DATED**| ||**16-8- 2022**| |**Exhibit P5**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**NIL ALONG WITH ACKNOWLEDGMENT DATED 8-**| ||**3-2022**| |**Exhibit P6**|**TRUE COPY OF THE COMMUNICATION SENT BY**| ||**THE 1ST RESPONDENT TO THE 2ND**| ||**RESPONDENT DATED 16-5-2022**| |**Exhibit P7**|**TRUE COPY OF THE REPORT FORWARDED BY**| ||**THE 2ND RESPONDENT TO THE 1ST**| ||**RESPONDENT DATED 28-5-2022**| |**Exhibit P8**|**TRUE COPY OF THE RELEVANT PAGES OF**| ||**FILE MOVEMENT OF KERALA SECRETARIAT**| ||**WITH FILE NO. WS.C2/73/2022-WRD**| |**Exhibit P9**|**TRUE COPY OF THE INTERIM ORDER DATED**| ||**14-10-2022**<br>**IN**<br>**WRIT**<br>**PETITION**| ||**NO.1860/2021 AND CONNECTED CASES**| |**Exhibit P10**|**TRUE COPY OF GO(RT)NO.990/2022/WRDD**| ||**DATED 7-11-2022**| |**Exhibit P11**|**TRUE COPY OF THE JUDGMENT DATED**| ||**23.12.2022 IN W.P.C 36752 OF 2022**| |**Exhibit P12**|**TRUE COPY OF THE ORDER DATED 13.3.2023**| ||**ISSUED BY 1ST RESPONDENT**| |**Exhibit P13**|**TRUE COPY OF THE ORDER DATED 15.3.2023**| ||**IN CONTEMPT CASE© NO. 317 OF 2023**| |**Exhibit P14**|**TRUE COPY OF QUERY ASKED BY 4TH**| ||**PETITIONER DATED 1.2.2023 AND THE**| ## W.P.(C) No.30716/2019 & connected cases : 38 : **REPLY ISSUED BY 3RD RESPONDENT DATED 9.2.2023 Exhibit P15 TRUE COPY OF THE SHORT LIST DATED 22.3.2023 ISSUED BY 3RD RESPONDENT** ## **RESPONDENT'S EXHIBITS** |**EXHIBIT R5(a)**|**True copy of the relevant extract of**| |---|---| ||**the Kerala Public Health Engineering**| ||**Subordinate Service Rules, 1966.**| |**EXHIBIT R5(b)**|**True copy of the relevant extract of**| ||**the Kerala Public Health Engineering**| ||**Service Rules, 1960.**|