IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943 WP(C) NO. 2718 OF 2022 PETITIONER/S:

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

BY ADV P.P.JACOB RESPONDENT/S:

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.

BY ADV GEORGIE JOHNY OTHER PRESENT:

SC FOR KWA P.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 16^th day of February, 2022 The petitioner is working as Driver – Grade I in the Kerala Water Authority. His grievance is regarding refusal of the respondents to include his name in the list of low paid employees with degree qualification entitled for promotion to the post of Lower Division Clerk. Despite petitioner’s request in that regard, the petitioner’s name was not included in Ext.P6 provisional seniority list of employees of the lower categories, who acquired degree qualification to be promoted as Lower Division Clerk as on 15.12.2021. Aggrieved, the petitioner has preferred Ext.P7 before the Managing Director of the Kerala Water Authority and has filed the writ petition, alleging delay in considering the representation.

2. Learned Standing Counsel for the Kerala Water Authority submits that an earlier representation filed by the petitioner raising the very same demand stands rejected by Ext.P4 and no purpose will be served by considering the representation again.

Having heard the learned Counsel for the petitioner in this regard, I find it appropriate to direct consideration of Ext.P7 representation.

Hence, the Writ Petition is disposed of, directing the second respondent to consider the grievance raised in Ext.P7 and to pass a reasoned order thereon, after affording an opportunity of hearing to the petitioner. The order, as directed, shall be passed within an outer time limit of one month from the date of receipt of a copy of this judgment. A copy of the order, shall thereupon be communicated to the petitioner.

Sd/-

V.G.ARUN JUDGE RK APPENDIX OF WP(C) 2718/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF THE ORDER DATED

24.8.2019 ISSUED BY THE STATE GOVERNMENT.

Exhibit P2 TRUE PHOTO COPY OF THE LIST OF LOW PAID EMPLOYEES PUBLISHED BY SECOND RESPONDENT DATED 24.8.20.

Exhibit P3 TRUE PHOTO COPY OF THE REPRESENTATION DATED 4.4.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P4 TRUE PHOTO COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE CHIEF ENGINEER DATED 28.9.2019.

Exhibit P5 TRUE PHOTO COPY OF THE ORDER IN O.A. EKM NO. 673/2018 DATED 28.3.20218 ISSUED BY THE KERALA ADMINISTRATIVE TRIBUNAL.

Exhibit P6 TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE LIST PAGES 1 TO 3 AND LAST PAGE OF THE PROVISIONAL SENIORITY LIST.

Exhibit P7 TRUE PHOTO COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SECOND RESPONDENT DATED 10.1.2022 BY THE PETITIONER.