Kerala High Court
Dr.Manojkumar.T.S vs Indian Council Of Agricultural ... on 5 November, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 5th day of November 2021 / 14th Karthika, 1943
OP (CAT) NO. 92 OF 2019
AGAINST THE ORDER DATED 21.11.2018 IN OA NO.180/00433/2017 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.)
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PETITIONER:
DR.MANOJKUMAR T.S.,AGED 48 YEARS,
S/O.T.N.SANKARA PILLAI,PRINCIPAL SCIENTIST,
KRISHI VIGYAN KENDRA,CPCRI,KASARGODE,
PERMANENTLY RESIDING AT THACHAPARAMBIL HOUSE,
NEAR DIET,THODUPUZHA POST,IDUKKI,KERALA-685 584.
RESPONDENTS::
1.INDIAN COUNCIL OF AGRICULTURAL RESEARCH (ICAR),
REPRESENTED BY ITS DIRECTOR GENERAL,KRISHI BHAVAN,
MINISTRY OF AGRICULTURE, NEW DELHI-110 001.
2.THE SECRETARY,INDIAN COUNCIL OF AGRICULTURAL RESEARCH (ICAR),
REPRESENTED BY ITS DIRECTOR GENERAL,KRISHI BHAVAN,
MINISTRY OF AGRICULTURE,NEW DELHI-110 001.
3.TRANSFER COMMITTEE FOR SCIENTIFIC PERSONAL OF ICAR,
REPRESENTED BY ITS CHAIRMAN/DG (ICAR),
KRISHI BHAVAN, NEW DELHI-110 001.
*ADDL.R4 IMPLEADED.
*ADDL.R4:THE DIRECTOR,CPCRI,KUDLU P.O.,
KASARGOD-671124
ADD.R4 IS IMPLEADED AS PER ORDER DT.02/09/21
IN I.A.1/2021 IN OP(CAT) 92/2019.
P.T.O.
*ADDL.R5 IMPLEADED.
*ADDL.R5:UNION OF INDIA,REPRESENTED BY THE SECRETARY
TO GOVERNMENT OF INDIA,
MINISTRY OF AGRICULTURE AND FARMERS WELFARE,
GOVERNMENT OF INDIA,ROOM 106,KRISHI BHAVAN,
DR.RAJENDRA PRASAD ROAD,NEW DELHI-110 001.
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to
direct the respondents to consider the petitioner for transfer to the post
Dr-Sr Scientist in Central Institute of Fisheries Technology (CIFT),
Kochi, provisionally, pending disposal of the OP(CAT).
This petition coming on for orders on 05/11/2021, upon perusing the
petition and the affidavit filed in support of OP (CAT) and upon hearing
the arguments of SMT.SREEKALA T.N., Advocate for the petitioner,and of
SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR),Standing Counsel(ICAR and CPCRI)
for the respondent No 1 to 3, Addl respondent No. 4 and
SRI.T.V.VINU,Central Government Counsel, for the Additional respondent
No. 5, the court passed the following:
P.T.O.
EXT.P5:A TRUE COPY OF THE OFFICE MEMORANDUM
F.NO.38(10)/2017-PER.IV, DATED 06.07.2018,
ISSUED BY THE 1ST RESPONDENT.
ANNEXURE A2:TRUE COPY OF THE MEMORANDUM NO.FNO.29-04/2005-PER-11
DATED 8.12.2009 OFFERING APPOINTMENT.
ANNEXURE A3:TRUE COPY OF THE MEMORANDUM NO.F.NO.29-04-2005-PER-11
DATED 9.8.2010 OFFERING APPOINTMENT.
ANNEXURE A5:TRUE COPY OF THE TRANSFER GUIDELINES FOR
SCIENTIFIC PERSONNEL OF ICAR' ISSUED BY THE 1ST RESPONDENT
VIDE PER-F.NO.38(2)2011-PER.IV DATED 20.02.2017.
ANNEXURE A10:TRUE COPY OF THE COMMUNICATION NO.F.NO.29-4/2005 PER-II
DATED 10.11.2017
OF THE 2ND RESPONDENT
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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
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O.P (CAT) No.92 of 2019
[against the order dated 21.11.2018 in O.A No.180/433/2017
on the file of the CAT, Ekm Bench]
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Dated this the 05th day of November, 2021
ORDER
We heard the learned advocates appearing for both sides for some time. However, we feel that certain crucial aspects of the matter would require elucidation from both sides. The respondents will immediately apprise this court as to whether there are any separate Rules and Regulations regulating the appointments and conditions of service of personnel recruited in Krishi Vigyan Kendra (KVK) and also a copy of such Rules should also be made available to this Court for perusal. So also, a copy of the selection notification/advertisement issued by the respondents which led to the selection and appointment of the petitioner in terms of Anxs.A2 & A3 to the post of Programme Co- ordinator at KVK, Central Plantation Crop Research Institute (CPCRI), Kasargod, should also be produced before this Court.
2. Further, it is seen that the petitioner has raised a specific contention as per Ground D in the original petition that the KVK is only a Plan Scheme, with the fixed period of 5 years which is not having its Rules and Regulations and that the Rules of the host institutes are O.P (CAT) No.92 of 2019 2 made applicable to personnel working in KVK and that the impugned rejection order at Anx.A10 is against the Rules and Regulations and against the transfer policies of ICAR, more particularly the one based on Anx.A5 norms, etc.
3. The respondents are given one last opportunity to apprise their stand about the abovesaid contentions raised by the petitioner more particularly on Ground D and if there are separate Rules and Regulations that regulate the establishment of KVK, the same should be made available as indicated hereinabove. So also the petitioner has raised specific contentions that though he was recruited as per Anxs.A2 & A3 as Programme Co-ordinator at KVK, Central Plantation Crop Research Institute (CPCRI), Kasargod, the respondents themselves have admitted in their reply statement that the said post has been designated as Senior Scientist and that he has been given subsequent promotions after her initial entry not only as Senior Scientist but also as Principal Scientist after her appointment in terms of Anx.A3. This, according to the petitioner, would show that he continues to be in the cadre of Scientist in the ICAR though he is appointed and posted in KVK, which is not a separate organisation or department but which would generally come under the ambit of ICAR scientist service and hence he is eligible and entitled to be considered for transfer either on intra unit basis or inter unit basis, to ICAR institutes in O.P (CAT) No.92 of 2019 3 terms of Anx.A5 transfer guidelines meant for scientific personnel.
4. The respondents may furnish instructions on the abovesaid aspects and apprise this Court if no steps have been taken in the matter, then we will be constrained to proceed with the matter on the basis of available pleadings and materials on record.
5. Further, after hearing the parties, we feel that the considered views of the Administrative ministry concerned could also be elicited in this case, in the interest of justice. Accordingly it is ordered that the Union of India represented by the Secretary to Government of India, Ministry of Agriculture and Farmers Welfare, Government of India, Room 106, Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi 110 001, will stand impleaded as Additional respondent No.5 in this OP(CAT). The Registry will make necessary changes in the causetitle in that regard.
6. Sri. T.V.Vinu, learned Central Government Counsel has taken notice for Additional R5, Union Government. R5 Union Government in the Ministry of Agriculture & Farmer's Welfare will also furnish instructions so as to assist this Court in resolving the above said issue, more particularly as to whether the KVK is a stand alone organization and the post of Programme Co-ordinator is also consequently a stand alone post or whether the petitioner could be considered for inter-unit transfer or intra-unit transfer on the basis of general transfer norms applicable to ICAR and other O.P (CAT) No.92 of 2019 4 institutes as per Ext.P5. As indicated herein above, it should also be apprised to us as to whether there is any provision in any of the applicable rules or norms conferring power for relaxation of the Rules / norms and if so, who is the competent Authority conferred with that power.
7. The case is treated as part heard.
List the case for further consideration and disposal in Part-II admission list on 26.11.2021.
Hand Over copies of this order to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
VIJU ABRAHAM , JUDGE Nsd / / 0 3 1 1 2 0 2 1 05-11-2021 /True Copy/ Assistant Registrar