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Judgment
Chitambaresh, J
The fact that the petitioners were working as Pump Operators at Kerala Raj Bhavan comprising of the Residence of the Governor, Office and
Quarters from 23.7.1991 and 11.3.1993 respectively is beyond dispute. They were initially engaged as CLR Workers on daily wages by the Public
Works Department and were converted as SLR Workers with effect from 1.2.2014 concededly. That there has been a practice of appointing Fitters
as Pump Operators in Raj Bhavan is evident from Ext.R1(a) letter of the Assistant Executive Engineer to the Executive Engineer (B&R) Division.
The duty of the Pump Operator is to ensure uninterrupted water supply to the Residence of the Governor and other Offices and Quarters and the
duties are arranged in 3 shifts of 8 hours each. This is evident from Ext.R1(b) letter of the Assistant Engineer to the Assistant Executive Engineer of
the Maintenance Sub Division indicating that there is a need for the continuous duty of Pump Operator. The Government has by Ext.P12 order
clarified that the posts which have been continuously in existence for more than 5 years will be treated as permanent without further confirmation.
The only ground on which the claim of the petitioners for regularisation in service has been turned down by the Tribunal in O.A.No.2433/2012 is
that 'they are daily wage employees working in the unsanctioned posts'. The Supreme Court after referring to Umadevi's case [(2006) 4 SCC 1] has
held in Nihal Singh and others v. State of Punjab and others [(2013) 14 SCC 65] as follows:
“20. But we do not see any justification for the State to take a defence that after permitting the utilisation of the services of a large number of
people like the appellants for decades to say that there are no sanctioned posts to absorb the appellants. Sanctioned posts do not fall from heaven. The
State has to create them by a conscious choice on the basis of some rational assessment of the need.†(emphasis supplied)
That there is a need for the sanctioned posts of Pump Operator to ensure the uninterrupted water supply to the Kerala Raj Bhavan comprising of
the Residence of the Governor, Office and Quarters has to be recognized. There is no gainsaying in the fact that the posts are not sanctioned and that
the petitioners who have been working there for long cannot be regularized. We do feel that the petitioners who have worked for decades
uninterruptedly without any break are entitled to regularization of their services in the special facts and circumstances.
It is reported that the first petitioner has already attained the age of superannuation while few more years of service is left to the second petitioner
and hence their services shall be regularised and the emoluments disbursed without delay. We set aside the impugned order of the Tribunal and allow
O.A.No.2433/2012 filed by the petitioners making it clear that this judgment shall not be a precedent.
The original petition is allowed. No costs.