IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH WEDNESDAY, THE 13 DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945 WP(C) NO. 14760 OF 2022 PETITIONER:

MANILAL D., AGED 49 YEARS, S/O. DAMODARAN, PARVANENDHU, KANAKAKUNNU, KARINGALLUR, KOLLAM 691 516.

BY ADVS.P.P.JACOB MARIYAM JACOB RESPONDENTS:

1 THE KERALA WATER AUTHORITY, OFFICE OF THE KERALA WATER AUTHORITY, JALABHAVAN, WATER AUTHORITY CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 010, REPRESENTED BY ITS SECRETARY.

2 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, OFFICE OF THE KERALA WATER AUTHORITY, JALABHAVAN, WATER AUTHORITY CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 010.

3 THE CHIEF ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE KERALA WATER AUTHORITY, JALABHAVAN, WATER AUTHORITY CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 010.

4 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

SRI. GEORGIE JOHNY, SC FOR KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner, a Driver Grade I in the Kerala Water Authority, joined the service as Driver Grade II on February 1, 2014. His probation was declared on February 6, 2016, and he was regularized with effect from February 6, 2014. He has been working as Driver Grade I since June 1, 2020. The petitioner claims that 10% of the low-paid posts in the Kerala Water Authority have been reserved for appointment by transfer to the post of Lower Division Clerk/Lower Division Typist, as per G.O.(P)No.1/2014 dated January 3, 2014. He further states that the government has ordered and fixed a 10% reservation for by transfer appointment to the low-paid post based on seniority to the post of Lower Division Clerk and Lower Division Typist, vide Ext.P1 order. His grievance is that the second respondent has published Ext.P2 list of employees who are entitled to appointment by transfer to the post of Lower Division Clerk. Though the post of Driver Grade II is included in Ext.P2, Driver Grade I has been excluded. The petitioner asserts that this is because the 2nd respondent has wrongly excluded certain employees under the 1st respondent. In the said circumstances, the petitioner is stated to have preferred Ext.P3 to the 2nd respondent, contending that the driver post is a low-paid post and is entitled to transfer appointment based on seniority to the post of Lower Division Clerk and Lower Division Typist. The petitioner states that the provisional seniority list of employees of the lower categories has been published as Ext.P6. However, his name has not been included in the said list. He has submitted Ext.P7 before the second respondent, requesting to be included in the list. Pursuant to directions issued by this Court in Ext.P8, the second respondent has issued Ext.P10 order rejecting the request of the petitioner. In Ext.P10, it is stated that the petitioner has been working as Driver Grade-I, and the said post is not a lower category post to be considered for category change. Being aggrieved, the petitioner is before this court seeking the following reliefs:

(i) issue a writ of certiorari or any other writ, order or direction calling for the records leading to the issue of Ext.P4, P9 and P10 and quash the same.

(ii) issue a writ of mandamus or any other writ, order or direction directing the respondents 1 and 2 to include the names of the petitioner and similar employees working as driver grade I in the list being prepared for appointment by transfer of the post of Lower Division Clerk.

2. A counter affidavit has been filed by respondents 1 to 3 wherein it is stated that the transfer appointment to the post of Lower Division Clerk in the Kerala Water Authority is provided for qualified service persons working in the lower category of employees. The lower category employees are classified as Class IV employees under the Kerala Water Authority