Kerala High Court
Vineeth N K vs Matsyafed, (Kerala State Co-Operative ... on 13 March, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:21444
WP(C) NO. 46420 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946
WP(C) NO. 46420 OF 2024
PETITIONER/S:
1 VINEETH N K
AGED 41 YEARS
S/O. KRISHNAN UNNI N, NOOROMKUTTIL MADOM, MADAKKATHANAM
P.O, VAZHAKULAM, ERNAKULAM DISTRICT, PIN - 686670
2 SAJEEV L
AGED 53 YEARS
S/O. LAKSHMANAN, MUNDUVELIL, PADINJATTAMMURI, SOORANAD
NORTH, KOLLAM DISTRICT, PIN - 690561
3 MANU P
AGED 40 YEARS
S/O. PIYARAJ, KATTAMUDI HOUSE, MACHIPLAVU P.O, ADIMALI,
IDUKKI DISTRICT, PIN - 685561
4 RENI JOSE J
AGED 43 YEARS
S/O. D JESSAYYAN, RENI NIVAS, VATTAVILA, KALLAYAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695043
BY ADV T.U.SUJITH KUMAR
RESPONDENT/S:
1 MATSYAFED, (KERALA STATE CO-OPERATIVE FEDERATION OF
FISHERIES DEVELOPMENT LTD.)
KAMALESHWARAM, MANACAUD P.O, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS CHAIRMAN, PIN - 695009
2 THE MANAGING DIRECTOR
MATSYAFED (KERALA STATE CO-OPERATIVE FEDERATION OF
FISHERIES DEVELOPMENT LTD.), KAMALESHWARAM, MANACAUD P.O,
2025:KER:21444
WP(C) NO. 46420 OF 2024
2
THIRUVANANTHAPURAM DISTRICT, PIN - 695009
3 ANJU A.V ( SOUGHT TO BE IMPLEADED )
AGED 31 YEARS, W/O. RAGESH P., THUNDUCHIRA HOUSE,
KUTHIATHODE P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688533.
( SOUGHT TO BE IMPLEADED )
4 JOEL JOSEPH ( SOUGHT TO BE IMPLEADED )
AGED 27 YEARS, S/O. N.O.JOSEPH, NALUKANDATHIL HOUSE,
ARPOOKKARA WEST P.O. KOTTAYAM DISTRICT - 686008. ( SOUGHT
TO BE IMPLEADED )
BY ADVS.
T.P.PRADEEP
Isha M
T.B.HOOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:21444
WP(C) NO. 46420 OF 2024
3
JUDGMENT
The petitioners, are working in the post of Superintendent in Kerala State Co-operative Federation for Fisheries Development Ltd (Matsyafed) have filed this present writ petition, questioning Ext.P4 order dated 01.10.2024 passed in compliance of the judgment dated 30.08.2024 passed by this Court in W.P© No. 28659/2024.
2.This court, vide the said judgment, directed Matsyafed to consider the petitioners' representation in accordance with law, after hearing them and taking necessary decisions for their promotion to the post of Assistant Manager (Personnel).
3.The impugned order in Ext.P4 states that the promotional post, i.e., the post of Assistant Manager, is technical in nature and requires special skills and expertise in fisheries science. Therefore, only the post of Assistant Manager (Personnel) has been designated as a promotional post for Superintendents. The Superintendents working in the Matsyafed can be considered for promotion only against the vacancies of Assistant Manager 2025:KER:21444 WP(C) NO. 46420 OF 2024 4 (Personnel).
4. The learned counsel for the petitioner, however, submits that there are 36 posts of Assistant Manager. The Special Rules framed by the fisheries department namely the Special Rules for Kerala State Co-operative Federation for Fisheries Development Ltd (Matsyafed) do not lay down how many posts are meant for each category of Assistant Manager as mentioned in the said Rules and therefore, the management of Matsyafed cannot arbitrarily decide that only one post of Assistant Manager (Personnel) is to be filled up by promotion from the Superintendents. The learned counsel further submits that all the posts of Assistant Manager are to be filled up by promotion from the Superintendents.
5.The learned counsel appearing for Matsyafed, however, contends that as per Ext.P2 decision of Matsyafed, the cadre strength of different posts in Matsyafed has been defined. In the category of Assistant Manager there are altogether 36 posts. Six posts are for the Head office, ten are for the District offices and the remaining are for different factories located in different 2025:KER:21444 WP(C) NO. 46420 OF 2024 5 places. Out of the six posts of Assistant Manager in Head office only one post is for the Assistant Manager (Personnel).
6.In the additional affidavit dated 07.02.2025 filed on behalf of the 02nd respondent, where the number of posts for each category of Assistant Manager has been given, it would disclose that in the Head office, only one post of Assistant Manager (Personnel) has been sanctioned which is from promotion of the Superintendent and the said vacancy has already been filled up by promotion of the eligible Superintendent. Therefore, there is no vacancy of Assistant Manager (Personnel) for promotion to the post of Superintendent.
7.It is not in dispute that the petitioners are entitled for promotion only against the vacancies of Assistant Manager (Personnel). They are not entitled to promotion against any other vacancy of Assistant Manager. If there is only one post of Assistant Manager (Personnel) and that post is not vacant inasmuch as one Superintendent has been promoted to the said post, the petitioner cannot seek a writ of mandamus 2025:KER:21444 WP(C) NO. 46420 OF 2024 6 commanding the respondents to promote them against the post/vacancies which are not meant for promotion of Superintendents. As per the additional affidavit, there is no post of Assistant Manager (Personnel) lying vacant, no promotion of Superintendent can be made to the post of Assistant Manager (Personnel).
8.I, therefore, do not find that the petitioners have any claim seeking promotion to the post of Assistant Manager (Personnel) when there is no vacancy in existence on the post of Assistant Manager (Personnel) for promotion from the post of Superintendent.
In view thereof, the present writ petition stands dismissed, as the petitioners do not have the right of promotion against the non-existent vacancy, however without cost.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:21444 WP(C) NO. 46420 OF 2024 7 APPENDIX OF WP(C) 46420/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE RELEVANT PAGES OF G.O.(P) NO.
5/2016/F & PD. DATED 17.02.2016.
Exhibit-P2 A TRUE COPY OF THE ORDER NO. F3-4207/2001/D.DIS.
DATED 03.03.2001 ISSUED BY THE REGISTRAR OF FISHERIES CO-OPERATIVE SOCIETIES AND DIRECTOR OF FISHERIES.
Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 30.08.2024 IN W.P.(C) NO. 28659/2024 OF THIS HONOURABLE COURT. Exhibit-P4 A TRUE COPY OF THE ORDER NO. MFED/E2/251995/2024 DATED 01.10.2024 ISSUED BY THE SECOND RESPONDENT.
Exhibit-P5 A TRUE COPY OF THE ORDER NO.
MATSYAFED/E1/4542/2020 DATED 08.01.2024 OF THE SECOND RESPONDENT APPOINTING THE CONSULTANT. Exhibit-P6 A TRUE COPY OF THE ORDER NO.
MATSYAFED/E1/282/2021 DATED 18.02.2024 OF THE SECOND RESPONDENT.
Exhibit-P6(a) A TRUE COPY OF THE QUALIFICATION OF THE ABOVE MENTIONED PERSONS.
Exhibit-P7 A TRUE COPY OF THE REPRESENTATION DATED 20.09.2024 SUBMITTED BY THE PETITIONERS AT THE TIME OF HEARING.
Exhibit-P8 A TRUE COPY OF THE ORDER NO.
MATSYAFED/E1/618/2021 DATED 21.08.2024 ISSUED BY THE SECOND RESPONDENT GRANTING PROMOTION TO VARIOUS MANAGERIAL POSTS.
RESPONDENT EXHIBITS Exhibit R2(a) True copy of the seniority list of Superintendents in Matsyafed