Kerala High Court
Sunil Kumar.K vs State Of Kerala on 28 March, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY ,THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941
WP(C).No. 37391 of 2018
PETITIONER/S:
1 SUNIL KUMAR.K, AGED 53 YEARS
S/O KUNJUKRISHNA PILLAI , CARE TAKER
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT PARAMBIL VEEDU
KALLIKKAD MAILAKKARA P.O, KATTAKKADA 695672
2 SURESH KUMAR V., AGED 40 YEARS
S/O.VAMADEVAN NAIR, ELECTRICIAN,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT SUNITHA BHAVAN,
DHAIVAPURA, PANTHA P.O., KATTAKADA,
THIRUVANANTHPAURAM, PIN-696572.
3 ANILKUMAR T., AGED 43 YEARS
DRIVER, KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT CHALACHEL,
LALITHA NIVAS, SARVODAYAM ROAD, VELLAYANI,
NEMOM, THIRUVANANTHAPURAM.
4 ANIL KUMAR S., AGED 49 YEARS
S/O.SASIDHARAN, GARDINER,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT ANIL SADANAM,
MARAKUNNAM, NEYYARDAM P.O.
5 PRADHEWMNAN S., SECURITY GUARD,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT P.S.BHAVAN,
PACHAKKAD, KUTTICHAL, PIN-695574.
6 SINDHU M.I., AGED 38 YEARS
W/O.K.R.BIJU, DTP OPERATOR,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT CHANDRALAYAM,
THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM.
WPC 37391/18
2
7 SANTHA T., AGED 50 YEARS, PART TIME SWEEPER,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT THACHANCODE VEEDU,
MARAKUNNAM, NEYYAR DAM P.O., THIRUVANANTHPAURAM,
PIN-695572.
8 LEKHA R.R., AGED 46 YEARS
D/O.RAVEENDRAN NAIR, PART TIME SWEEPER,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT HARIKRISHNA
BHAVAN, MARAKUNNAM, NEYYAR DAM P.O.,
THIRUVANANTHAPURAM, PIN-695572.
9 MEERA K.R., AGED 38 YEARS
D/O.P.RADHAKRISHNAN NAIR, DTP OPERATOR,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
THIRUVANANTHAPURAM, RESIDING AT SREERAM,
HOUSE NO. 102, MANAVANAGAR, PALKULANGARA,
THIRUVANANTHAPURAM, PIN-695024.
BY ADV. SMT.I.VINAYAKUMARI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM 695001
*2 SRI.S.MANAVAS I.A.S.,
REGISTRAR OF THE KERALA STATE CO-OPERATIVE
SOCIETIES, THIRUVANANTHAPURAM, PIN-695001.
*3 SRI.P.VENUGOPAL I.A.S.,
SECRETARY, DEPARTMENT OF CO-OPERATION, KERALA
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
*4 SRI.T.PADMAKUMAR,
ADDITIONAL REGISTRAR-SECRETARY, STATE CO-OPERATIVE
UNION, KERALA, THIRUVANANTHAPURAM, PIN-695001.
*R2 REGISTRAR OF THE CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD PO, THIRUVANANTHAPURAM - 695 014.
WPC 37391/18
3
*R3 SECRETARY, OFFICE OF THE REGISTRAR OF THE CO-
OPERATIVE SOCIETIES, STATUE,
THIRUVANANTHAPURAM - 695 001
*R4 ADDITIONAL REGISTRAR-SECRETARY, KERALA STATE
CO-OPERATIVE UNION, SAHAKARANA BHAVAN,
OOTUKUZHI, PB NO - 108, THIRUVANANTHAPURAM -
695 001, PHONE NO - 0471-2320420.
(CAUSE TITLE AMENDED IN RESPECT OF RESPONDENTS 2, 3
AND 4 AS PER ORDER DATED 06.12.2018 IN IA 1/2018 IN
WPC)
*R3 SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-
OPERATION, KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
(CAUSE TITLE CORRECTED AS PER ORDER DATED
06.12.2018 IN IA 2/2018 IN WPC)
5 THE KERALA INSTITUTE OF CO-OPERATIVE
MANAGEMENT(KICM),
NETTUKAL FILLS, NEYYARDAM,
THIRUVANNATHPAURAM, PIN-695572,
REPRESENTED BY ITS DIRECTOR.
BY ADVS.
SRI.K.B.PRADEEP
SRI.BIMAL K.NATH-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 37391/18
4
JUDGMENT
The limited prayer made by the petitioners in this writ petition is that the 4th respondent-
Additional Registrar -Secretary, Kerala State Co-operative Union, be directed to implement Ext.P18 order issued by the Government of Kerala. They say that this order has been issued by the Government in consultation with all the other stakeholders, including the State Co-
operative Union and therefore, that there is no justification for the 4th respondent in not implementing it fully.
2. The learned Standing Counsel appearing for the 4th respondent submits that a counter affidavit has been placed on record on behalf of his client today, wherein it is clearly averred, in paragraphs 18 and 19, as under:
18. The averments stated in para No.17 is incorrect, hence denied. The 4th respondent has obtained Ext.P18 order from the 1st respondent for WPC 37391/18 5 regularisation of employees who worked for more than 9 years in the 5th respondent institution.
There is lack of clarity in Ext.P18 regarding eligibility for regularisation, with reference to the length of the service of the petitioner. For obtaining a clarification regarding Ext.P18 order, the 4th respondent addressed the 2nd respondent vide letter No.4840/16 dated 19.01.2018.
However, no clarification has been received. The true copy of the letter dated 19.01.2018 is produced herewith marked Ext.R4(h).
19. It is submitted that the employees of the 5th respondent institution are not included in the staff pattern of 4th respondent and therefore, not governed by the rules and regulation of the 4th respondent. Combined staff regulation Rules of the 4th respondent is yet to be approved by the 2nd respondent (Registrar of WPC 37391/18 6 Co-operative Societies). In this circumstance, it is not feasible and permissible to regularise the services of the employees of the 5th respondent on the strength of Ext.P18 order, issued in the case of employees of the 4th respondent.
3. Even when I hear the learned Standing Counsel for the 4th respondent who makes submissions in tune with the afore extracted averments, the fact remains that Ext.P18 continues to be in force and the only reason cited by the 4th respondent in not implementing the same is on account of the pendency of Ext.R4(h) clarification that has been sought for by them from the Registrar of Co-operative Societies.
4. I, therefore, asked Sri.Bimal K. Nath, the learned Senior Government Pleader, as to whether Ext.R4(h) can be directed to be disposed of by the Registrar of Co-operative Societies, WPC 37391/18 7 if it is still pending; to which, he fairly replied by saying that if such representation has not still been disposed of, there cannot be any legal impediment in the same being considered; particularly because the 4th respondent has sought for certain clarifications against Ext.P18 therein.
5. Taking note of the afore submissions, I deem it appropriate to order this writ petition and direct the 2nd respondent to take up and consider Ext.R4(h) preferred by the 4th respondent before him, within a period of one month from the date of receipt of a copy of this judgment and communicate the resultant order to them within a further period of one week thereafter.
6. On receipt of the clarificatory order from the 2nd respondent as afore, the 4th respondent will implement Ext.P18, regularising the services of the petitioners subject to the WPC 37391/18 8 terms of the order to be issued by the Registrar as per the directions of this judgment and issue all corollary orders as may be necessary, as expeditiously as is possible, but not later than two months from the date on which they receive the order of the Registrar on R4(h) representation.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 37391/18
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PERSONNEL DETAILS
OF THE 1ST PETITIONER, SHOWING HE IS WORKING AS A CARE TAKER IN THE 5TH RESPONDENT KICMA.
EXHIBIT P2 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 2ND PETITIONER, SHOWING HE IS WORKING AS A ELECTRICIAN IN THE 5TH RESPONDENT KICMA.
EXHIBIT P3 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 3RD PETITIONER, SHOWING HE IS WORKING AS ADRIVER IN THE 5TH RESPONDENT KICMA.
EXHIBIT P4 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 4TH PETITIONER, SHOWING HE IS WORKING AS A GARDINER IN THE 5TH RESPONDENT KICMA.
EXHIBIT P5 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 5TH PETITIONER, SHOWING HE IS WORKING AS A SECURITY GUARD IN THE 5TH RESPONDENT KICMA.
EXHIBIT P6 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 6TH PETITIONER, SHOWING HE IS WORKING AS A DTO OPERATOR IN THE 5TH RESPONDENT KICMA.
EXHIBIT P7 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 7TH PETITIONER, SHOWING HE IS WORKING AS A PART TIME SWEEPER IN THE 5TH RESPONDENT KICMA.
EXHIBIT P8 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 8TH PETITIONER, SHOWING HE IS WORKING AS A PART TIME SWEEPER IN THE 5TH RESPONDENT KICMA.
EXHIBIT P9 A TRUE COPY OF THE PERSONNEL DETAILS OF THE 9TH PETITIONER, SHOWING HE IS WORKING AS A DTP OPERATOR IN THE 5TH RESPONDENT KICMA.
WPC 37391/18 10EXHIBIT P10 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 28/3/2016 IN THE WP(C) NO. 11657/2016.
EXHIBIT P11 A TRUE COPY OF THE NOTICE DATED 3/6/2016 SENT TO THE SECRETARY TO GOVERNMENT BY THE COUNSEL OF THE PETITIONERS IN THE WP(C) NO.
11657/2016.
EXHIBIT P12 A TRUE COPY OF THE GO(RT) NO.442/2016 CO-OPERATIVE DATED 19/8/2016, IN WHICH THE 1ST RESPONDENT DIRECTING THE REGISTRAR OF THE CO-OPERATIVE SOCIETY TO SUBMIT AN ENQUIRY REPORT TOWARDS THE NORMS AND STATUS OF THE 5TH RESPONDENT KICMA.
EXHIBIT P13 A TRUE COPY OF THE ENQUIRY REPORT OF THE JOINT REGISTRAR(SC/ST) DATED 31.1.2017 SENT TO THE REGISTRAR OF CO-OPERATIVE SOCIETY, TVPM.
EXHIBIT P14 A TRUE COPY OF THE ENQUIRY REPORT OF THE JOINT REGISTRAR(SC/ST) DATED 5/4/2017 SENT TO THE REGISTRAR OF CO- OPERATIVE SOCIETY, TVPM.
EXHIBIT P15 A TRUE COPY OF THE LETTER P.T.NO.20722/2016 DATED 7/4/2017 WAS SENT TO THE SPECIAL SECRETARY OF THE CO-OPERATIVE (C) DEPARTMENT, GOVERNMENT SECRETARIAT BY THE REGISTRAR OF THE CO-OPERATIVE SOCIETY.
EXHIBIT P16 A TRUE COPY OF THE LETTER CO-OP(C) NO.2/46/2017 CO-OPERATIVE DATED 11/6/2017 WAS SENT BY THE GOVERNMENT SPECIAL SECRETARY TO THE REGISTRAR OF THE CO-OPERATIVE SOCIETY.
EXHIBIT P17 A TRUE COPY OF THE LETTER P.T.NO.20722/2016 DATED 10/8/2017 SENT TO THE SPECIAL SECRETARY OF THE CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT BY THE REGISTRAR OF THE WPC 37391/18 11 CO-OPERATIVE SOCIETY.
EXHIBIT P18 A TRUE COPY OF THE GOVERNMENT ORDER (RT) NO. 661/2017 CO-OPERATIVE DATED 11/12/2017 ISSUED BY THE ADDITIONAL SECRETARY TO THE GOVERNMENT.
EXHIBIT P19 A TRUE COPY OF THE APPLICATION DATED 2/2/2018 PREFERRED BY THE 1ST PETITIONER UNDER RTI ACT, 2005.
EXHIBIT P20 A TRUE COPY OF THE REPLY LETTER P.T.3909/2018 DATED 9/2/2018 GIVEN BY THE PUBLIC INFORMATION OFFICER, CO- OPERATIVE OFFICE, TVPM TO THE 1ST PETITIONER UNDER RTI ACT, 2005.
EXHIBIT P21 A TRUE COPY OF THE REPLY LETTER PTI NO.24/2017 DATED 5/3/2018 SENT TO THE 1ST PETITIONER BY THE CONVENER OF THE STATE CO-OPERATIVE UNION.
EXHIBIT P22 A TRUE COPY OF THE REQUEST LETTER DATED 22/3/2018 PREFERRED BY THE 1ST PETITIONER AND SUBMITTED BEFORE THE REGISTRAR OF THE CO-OPERATIVE SOCIETY.
EXHIBIT P23 A TRUE COPY OF THE ORDER OF THE ADDL.REGISTRAR -SECRETARY OF THE KSCU DATED 21/6/2018 TOWARDS THE ENHANCEMENT OF THE SALARY OF THE EMPLOYEES OF THE KICM.
EXHIBIT P24 A TRUE COPY OF THE APPLICATION DATED 30/8/2018 PREFERRED BY THE 2ND PETITIONER UNDER RTI ACT, 2005.
EXHIBIT P25 A TRUE COPY OF THE REPLY LETTER P.T(3) 16885/18 DATED 11/9/2018 WAS GIVEN BY THE PUBLIC INFORMATION OFFICER, FROM THE OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETY, TVPM TO THE 2ND PETITIONER.
WPC 37391/18 12RESPONDENTS' EXHIBITS:
EXT.R4(A) TRUE COPY OF APPROVAL RECEIVED FROM AICTE FOR CONDUCTING MBA COURSE EXT.R4(B) TRUE COPY OF ORDER NO KICMA 11353/14 DATED 09.02.2016.
EXT.R4(C) TRUE COPY OF ORDER DATED 28.11.2011.
EXT.R4(D) TRUE COPY OF ORDER OF APPOINTMENT OF 5TH PETITIONER DATED 09.02.2016.
EXT.R4(E) TRUE COPY OF ORDER DATED 28.11.2011.
EXT.R4(F) TRUE COPY OF ORDER DATED 28.11.2011.
EXT.R4(G) TRUE COPY OF PROCEEDINGS DATED 28.11.2011 EXT.R4(H) TRUE COPY OF LETTER DATED 19.01.2018 EXT.R4(I) TRUE COPY OF LETTER DATED 04.01.2019 EXT.R4(J) TRUE COPY OF AUDIT REPORT OF 2014-15