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1996 Supreme(Ker) 96

K.NARAYANA KURUP
Sunny – Appellant
Versus
Kerala Water Authority – Respondent


Judgment :-

K. Narayana Kurup, J.

As per Ext. P1 Government Order dt. 9.9.1986, it was ordered inter alia that the N.M.R. workers of the Public Works Department appointed prior to 7.4.1970 on regularisation would be allowed to continue in service till 58 years of age. As per Ext. P2 proceeds of the first respondent, Kerala Water Authority (for short 'the authority') the benefit conferred by Ext. P1 G. O. was extended to the N. M. R. workers of the Authority also. The first respondent-Authority thereafter issued Ext. P3 proceedings dated 23.2.1987 to reinstate those N. M. R. personnel appointed prior to 7.4.1970 and absorbed into regular establishment in the Authority, but who have retired from service on attaining the age of 55, and allow them to continue in service till the age of 58, based on Ext. P1 G. O. As per Ext. P3 it was also decided that such reinstatement may be restricted to incumbents having atleast 3 months for attaining the age of 58. Ext. P3 was passed based on the resolution passed by the Authority in its 43rd meeting held on 30.1.1987. Since the petitioner was entitled to be reinstated in service on the basis of Exts. P1 to P3 orders - proceedings - he submitted re


















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