JACOB M. PUTHUPARAMBIL AND ORS. ETC. ETC. versus KERALA WATER AUTHORITY AND ORS. ETC. ETC.

JACOB M. PUTHUPARAMBIL AND ORS. ETC. ETC. versus KERALA WATER AUTHORITY AND ORS. ETC. ETC.

Employees who have served for long spells and possess requisite qualifications should not be terminated, but their services regularised as far as possible; appointments made after PSC notification require compliance with statutory procedures; families of employees and constitutional right to work warrant protection against arbitrary job loss.

Parties
Petitioner: Jacob M. Puthuparambil and Ors. etc. etc.; Respondent: Kerala Water Authority and Ors. etc. etc.
Jurisdiction
India
Judgment Date
19 September 1990
Procedural Posture
Writ Petition (civil) / Supreme Court Final Judgment
Outcome
Appeals and writ petitions allowed; rule made absolute.
Legal Topics
Regularisation of Service, Job Termination, Public Employment, Transfer of Employees
Administrative Law Service Law Constitutional Law Regularisation of Service Job Termination Public Employment Transfer of Employees

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Parties

Jacob M. Puthuparambil and Ors. etc. etc.

Petitioner

Kerala Water Authority and Ors. etc. etc.

Respondent

Procedural Posture

Writ Petition (civil) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether employees appointed by Kerala Water Authority between specified dates are entitled to regularisation of service.
  2. 2 Whether termination of services prior to PSC notification was justified.
  3. 3 Legal status of appointments made by autonomous bodies prior to consultation with PSC.

Ratio Decidendi

Employees who have served for long spells and possess requisite qualifications should not be terminated, but their services regularised as far as possible; appointments made after PSC notification require compliance with statutory procedures; families of employees and constitutional right to work warrant protection against arbitrary job loss.

Court Disposition

Appeals and writ petitions allowed; rule made absolute.

Orders

  • Authority to regularise services of all ex-PHED employees per Resolution of 30th January, 1987 without waiting for State Government approval.
  • Workers employed between 1st April, 1984 and 4th August, 1986 to be regularised if possessing requisite qualifications.