Regulations for issuing plumbing licenses do not impose an upper age limit, meaning the applications of retired petitioners must be considered despite them exceeding 60 years.

J U D G M E N T

The petitioners, who were working with the respondent – Water Authority as meter readers having retired from service during the year 2017 on attaining the age of superannuation, sought for “licensed plumber”, license under the provisions of the Kerala Water Authority (Water Supply) Regulation, 1991. The petitioners state that their applications have not been considered by the respondents since, according to them, the petitioners have crossed the upper age limit of 60 years, and therefore, they are not entitled to be considered. It is seeking to challenge the afore action and also seeking a further direction/declaration that their applications for plumbing license be considered notwithstanding their having completed 60 years of age that the petitioners have filed the captioned writ petition.

2. I have heard Sri. R. Reji, the learned counsel for the petitioners and Sri.Justin Jacob, the learned Standing Counsel for the Water Authority.

3. The learned Standing Counsel, Sri. Justin Jacob, would place on record an order issued by the Managing Director of the Water Authority, as per which an upper age limit of 60 years has been prescribed with reference to a High Level Committee Meeting held on 07.04.2014. With reference to the aforementioned prescription, it is his contention that the petitioners having crossed the upper age limit as above, they are not entitled to the license as applied for.

4. However, this Court notices that the Regulations of the year 1991, referred to above, specifically prescribe the provisions relating to the issuance of licence under Appendix A. As per the said provisions, it is the Executive Engineer who is competent to issue the licence, and the procedure for applying for such licence is laid down under Clause 2 thereof. Clause 2(a)(ii) further prescribes a minimum age of 21 years for making such an application. Significantly, the Regulations do not prescribe any upper age limit. This Court further notices that the notification to which the petitioner responded (Ext. P3) also has Ext. P4 directions appended thereto. Even under Ext. P4, only a minimum age requirement is prescribed, and there is no prescription regarding a maximum age.

5. In the light of the afore, I am of the opinion that the petitioners' applications require to be considered even if they have crossed the upper age limit as noticed above.

6. The reliance placed by Sri.Justin Jacob, the learned Standing Counsel for the Water Authority, in the proceedings of the Managing Director will be of no avail, insofar as the Managing Director cannot independently prescribe an upper age limit, without specifically including it in the Regulations. Insofar as the Regulations as they stand now do not contain any upper age limit, I am of the opinion that the petitioners are entitled to succeed.

Resultantly, this writ petition would stand allowed, directing the competent among the respondents to consider the petitioners' applications for “plumber license” in accordance with the Regulations and issue appropriate orders as expeditiously as possible, at any rate, within a period of eight weeks from today.

Sd/-