woo Seer Presented on 10.01.2022 BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNARULAM (Special Original Jurisdiction) ! W.P (C) No. 25969 of 2021 Priyadarshini : Petitioner Kerala Water Authority : Respondents COUNTER AFFIDAVIT FILED BY THE RESPONDENT Adv. P. Benjamin‘ Paul (SC 2215) Standing Counsel, KWABEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM (Special Original Jurisdiction) W.P (C) No. 25969 of 2021 Priyadarshini : Petitioner Kerala Water Authority : Respondents INDEX SLNo. Description Page No. 1. Counter Affidavit t- 2. ExhibitR(a) :- True copy of the GO(P) 277/78/LA&SWD 5 dated 5-12-1978 atong-with t Copy. Dated this 10% day of January 2022. &K— Adv. P. Benjamin Paul Standing CounselBEFORE THE HON’BLE HIGH COURT OF KERALA,ERNAKULAM W.P(C) No. 25969 of 2021 Priyadarshini : Petitioner Kerala Water Authority : Respondents COUNTER AFFIDAVIT FILED BY THE RESPONDENT I, AnithaC.O, aged 55 years, W/o C.P.Selimkumar, Deputy Chief Engineer, Kerala Water Authority, Office of the Chief Engineer, Central Region, Ernakulam, Kochi- 682011, now residing at Karthika, Chenakala Mariker Sir Road, H.M.T Colony .P.O, Kalamassery do hereby solemnly affirm and state as follows:- 1. I am competent to swear this affidavit as authorized by the Kerala Water Authority. I am fully conversant with the facts of the case. 2. All the averments and allegations contained in the Writ petition except those that are specifically and clearly admitted hereunder are denied hereby. 3. The above writ petition is not maintainable either in law or on facts. 4, It is respectfully submitted that, the petitioner joined the service of the respondent as Assistant Engineer on 28-10- 2002 and her probation was declared on 28-10-2004. She was on LWA for 5 years that is from 28-05-2005 to 28-05- 2010 and rejoined duty. She was promoted as Assistantt Executive Engineer and joined duty on 5-11-2011. She was on LWA on medical ground from 1-6-2012 to 22-7-2012 -Again she was on LWA from. 16-08-2012 to 3-9-2020. In toto she availed LWA for 13 years ,2 months and 12 days in the entire service of 19 years. 5. It is submitted that she was not considered for promotion as Executive Engineer, since she has not completed requisite service period to acquire eligibility for promotion as per rules, She is superseded for valid reasons and she is not eligible for promotion at present. 6. It is submitted that the service of Kerala water authority employees are governed by’ Kerala Public Health Subordinate Engineering Special Rules and Kerala Public Health Engineering Service Rules. As per GO(P) 612 dated 16 September 1960 shown as Exhibit P10, there are four categories of officers., 1.Chief Engineer, 2.Superintending Engineer, 3. Executive Engineer including Deputy Chief Engineer, 4. Assistant Engineer including Driller Engineer and Personal Assistant to Superintending Engineer. The method of recruitment is also stated there in. The promotions to categories 1,2 & 3 shall be made on grounds of merits and ability, seniority being considered only where merit and eligibility are approximately equal. 7. It is also made clear in clause 3(b)that no person shall be eligible for promotion as Executive Engineer unless he has rendered service as Assistant Engineer for a period of not less than 3 years. The Assistant Engineer mentioned in the3 1960 rules was redesignated as Assistant Executive Engineer in all purposes. Hence the eligibility to promotion to the post of Executive Engineer is the one Assistant Engineer, redesignated as Assistant Executive Engineer. 8. The Kerala Public Health Engineering Service Rules 1960 provides the post of Assistant Engineer as category 4 at rule 1. it is humbly submitted ‘that the post of Assistant Engineer was redesignated as Assistant Executive Engineer by GO(P)277/78/LA and SWD dated 5-12-1978 ,a true copy of which is produced herewith and marked as Exhibit R(a).In the circumstances, no person shall be eligible for promotion as Executive Engineer unless rendered satisfactory service as Assistant Engineer as per Exhibit P10 which is Assistant Executive Engineer as per Exhibit R(a). 9. It is submitted that the contention of the pétitioner that she has completed 3 years of service as Assistant Engineer as per Exhibit P10 is not true. The post mentioned as Assistant Engineer in Exhibit P10 is a post of redesignated Assistant Executive Engineer as‘per Exhibit Rfa). 10. It is submitted that the petitioner has a total service of 1 year ,9 months and 17 days as on 31-8-2021 since she was on LWA for 8 years ,2 month$ and 12 days in the post of Assistant Executive Engineer. She become eligible only after completing the mandatory 3 year service period as on the date of Departmental Promotion Committee. 11. It is submitted that Mrs RanjanaMadhavan has a service of 3 years,3 months and 7 days in the post of‘ Assistant Executive Engineer as on 31-8-2021 and her LWA was 6 years and 9 months. She was superseded since she did not complete 1 year sefvice after rejoining duty after LWA. 12. The writ petition is devoid of merits and is liable to be dismissed. Hence it is humbly prayed that this Hon’ble court may be pleased to dismiss the ‘writ petition with cost to the respondents. All what are stated above are. true to the best of my knowledge, belief and information. Dated this 10% day of January 2022. Deputy Chief Engiacer ‘Central Region Kerala Water Authority Kochl-1 Deponent Solemnly affirmed and signed before me by the deponent is personally known to me at my office at Ernakulam on the 10 day of January 2022. Adv. Benjamin PaulLocal Admn. & Social Welfare (F) Department G.0.(P)277/78/LARSWwD Ot. Trivandrum, 5.12.78 pnghresentation dt 14.20.77 from the Secretary, Junior Engineers’ Assocation, P.H.E, Dept,, Trivandrum. 2.Representation dt. 24.6.78 from the Association of Public Health Engineers, Kerala, Trivandrum, 3. Representation dt, 23.11.1977 from the General Secretary, Kerala Engineering Diploma Holders’ Association, Trivandrum, 4.D.O.Letter No, PHA (A)27422/77/at. 6.10.78 from Sri.0. 8, Bahiravan Chief Engineer, PHED, Trivandrum. ORDER ‘The Junior Engineers’ Association, PHED, Trivandrum, the Association of PL, neering Diploma Holders Association have Assistant Engineer as “Assistant Engineer and Assistant Executive Engines,” respectively. 2-After having examined the propoals in detail government are pleased to Orders as follows:- | The Category of Junior Engineer in the Kerala Public Health Engineering Subordinate service will be redesignated as Assistant Engineer without any change in pay scale, jurisdiction, powers. and responsibilties. The redesignated category will be included in the Kerala Public Health Engg: Subordinate Service Special Rules. [I The category of Asst, Engineer in the Kerala Public Health Engineering Service will be redesignated as Asst. Executive Engineer without any change in pay scale, jurisdiction, powers and responsibilities UI The necessary amendment to the relevant Special Rules will be issued to the above effect separately. By Order of the Governor, CS. Sivasankaran, Dy. Secretary. To All heads of Departments. Forwarded By Order, Sd/- Section Officer. & Executive Engineer, P. H.