OBJECTIONS AGAINST THE LIST

From

The General Secretary

KWA Engineering Staff Association

KWA Quarter No. MK 3/II/B

XII/611, Santo Gopalan Road

Koovappadam, Kochi 682 002.

To

Sri. Ashok Kumar Singh IAS

The Managing Director

JALA BHAVAN,

Kerala Water Authority,

Thiruvananthapuram.

Sir,

Sub: KWA– Estt. – Provisional Seniority list of the Executive Engineer

as on 01.10.2011. Objections- reg.

Ref: 1) KWA/JB/E2(A)/11535/2005 dated 14.10.2011

2) Judgments in OP No. 927 of 1995

3) GO (Rt) No. 471/86/PW & ST dated 14.03.1985

I may submit the following for favourable orders.

The seniority list prepared vide ref 1^st cited above is incomplete and not in accordance with the directions contained and Rules. The ratio among the Direct recruitment and promotion in the post of Assistant Engineer is 6:4 (6 Graduate by Direct recruitment and 4 Diploma and Certificate by promotions). The Kerala Water Authority had made Special Recruitment in the post of Assistant Engineer in the absence of Degree holders from SC/ST candidates Diploma holders. As per the Rules for Special Recruitment to the post of Assistant Engineers, the Diploma holders appointed under the Special Recruitment Scheme have to be kept outside the normal strength of Assistant Engineers for the purpose of applying ratio 6:3:1 among Graduates, Diploma and Certificate holders. The Secretary to Government vide his letter No. 2686/B2/95/PWST dated 14.09.1995 has directed to exclude the Special Recruited Diploma holders Assistant Engineers from the cadre strength of Assistant Engineers and quota fixed for Diploma holders for maintaining ratio 6:3:1 for appointment and promotion among Degree, Diploma and certificate holders and to make good the resulting deficiency under Diploma quota by promoting the eligible hand from the feeder category. But the same has not been seen obeyed sofar. The Diploma holders appointed under the Special Recruitment Scheme have been included in the quota fixed for Diploma holders in the post of Assistant Engineer, Assistant Executive Engineer and Executive Engineer and denied the eligible promotions.

Eg:- Cadre strength of the Executive Engineer is 77 Nos.

As per Special Rules, 5% of the Cadre strength has been earmarked for Diploma holders. ie. 3.85, Say 4 Nos.

But no Diploma holders are existing in the post of Executive Engineer except 3 Special recruitees. (ie. 22. Aravindakshan. P.S, 23. Praveen kumar. V.M, 26. Vinayan P.K.) Hence urgent steps has to be taken to promote 4 Diploma holders from the Assistant Executive Engineer with retrospective effect from 30.01.1971 ie. date of amendment to Special Rules.

In view of the facts mentioned above and compliance with the directions of the Hon’ble High Court, I request your goodself to issue necessary orders for the following:

To avoid the following names from Diploma quota who were initially appointed as Assistant Engineers under the Special Recruitment Scheme and to fill up the deficiency of Diploma holders in the category of Executive Engineer by promoting 4 Diploma holders from the Assistant Executive Engineer with retrospective effect from 30.01.1971 ie. date of amendment to Special Rules.

22. Aravindakshan. P.S

23. Praveen kumar. V.M

26. Vinayan P.K.

Thanking you,

Yours faithfully

Ernakulam Sd/-

14.11.2011 SALIH. K.K.

General Secretary

IRREGULAR ACTIONS

The incumbents appointed in the Kerala Water Authority through Employment Exchange and joined duty during the period from 1979 to 05.08.1986 and continued in service without termination was regularized with effect from 19.09.1990 based on the Judgment of the Hon’ble Supreme Court.

Please see the Judgment dated 9^th day of February 2011 in WP (c) No. 30557 of 2007 of the Hon’ble High Court.

In the above judgment, it was made clear that:-

“A counter affidavit is stated to have been filed by the respondent, which does not find a place in the records of this case, although a reply affidavit filed by the petitioner is in the file. A copy of the counter affidavit has been made available to me by the council for the petitioner which seeks to justify the action of the respondent on the same grounds as in the impugned order, Ext. P13. When the matter was taken up for hearing today none appears for the Water Authority. Therefore, I was constrained to hear and dispose of this writ petition on the basis of the arguments of the learned council for the petitioner and the records available.”

“Ext. P13 is clearly in violation of Ext. P1 judgment. In fact it amounts to contempt of court. Accordingly Ext. P13 is quashed and the writ petition is allowed as prayed for. I was inclined to direct the respondent to pay costs also. But taking a lenient view, I refrain from ordering costs.”

Now we can see the Order based on the above judgment below:-

PROCEEDINGS OF THE MANAGING DIRECTOR

Sub:- KWA- Estt- Sanctioning of the Maternity leave and regularization of service in respect of Smt. Ammini Amma, Assistant Engineer in compliance with the Hon’ble High Court Judgment dated 09.2.2011 on WP (C) No. 30557/07 Orders issued.

KERALA WATER AUTHORITY

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No. KWA/JB/E4/14057/01 Thiruvananthapuram Dated 01.08.2011

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Read 1. Judgment dated 09.02.2011 in WP (c) No. 30557/07

2. Decision taken at 344^th Board Meeting of KWA on 21.07.2011

ORDER

Smt. Ammini Amma , Assistant Engineer was appointed as Draftsman Gr.II in Kerala Water Authority through employment exchange, Kollam and joined duty on the FN of 07.05.1986. She continued in service till 10.12.1989 after one day service break on completion of every 179 days. The incumbent had applied maternity leave for 90 days with effect from 10.12.1989. But she was terminated from service with effect from 11.12.1989 while PSC hand reported for duty. Based on the judgment of Hon’ble High Court in WA No.1186/95 (B) dated 09.08.1996, Smt. Ammini Amma was re instated in service and joined duty on the FN of the 14.01.1997

In the judgment dated 09.02.2011 on WP (C) No. 30557/07 of Hon’ble High Court of Kerala it has directed authority to give her all service benefits as if the incumbent regularly appointed on 07.05.1986. Therefore the incumbent is entitled to the leave salary for the period of maternity leave she applied, increments promotion when due considering the service from 07.05.1986 and all other service benefits. Authority board directed Managing Director to comply the judgment of the Hon’ble High Court on its 344^th board meeting of Kerala Water Authority held on21.07.2011 resolution No. 8826.

In these circumstances the service of Smt. Ammini Amma is here by regularized with effect from 07.05.1986 and sanction is accorded to disburse the Maternity Leave salary for 90 days with effect from 10.12.1989. The incumbent would have continued officiate in service but as per proceedings on leave for that period. The disbursing officer ie. Asst. Executive Engineer, PH Sub Division, Kollam is hereby directed to disburse the leave salary amount on 02.08.2011 itself. Any other service benefits in connection with the seniority and promotion will be sanctioned after finalizing the seniority list of Draftsman Gr.II, Draftsman Gr. I, Assistant Engineer in connection with the OP No. 879/02 and WP (C) No. 33514/01 related with the seniority list of the Draftsman Gr. I quashed by the judgment by Hon’ble High court vide judgment dated 28.11.2008.

This order is applicable only for Smt. Ammini Amma in light of the Hon’ble judgment dated 09.02.2011 in WP (C) No. 30557/ 07. No other persons shall be benefited by this order. The order of the Hon’ble High Court is here by complied.

Sd/-

MANAGING DIRECTOR

Complied the latest Judgment dated 9^th February 2011 as above.

It is not understand that What is the obstruction for the non compliance of the judgment dated 15.09.2009 in WP (c ) No. 13966/2009 (Over 2 years) & Judgment dated 26.11.2008 in OP No. 879/2002 & 33514/2001.( Nearing 3 years)