Kerala High Court
The Director Of Agriculture vs K.I.Akbar on 30 January, 2025
Author: Amit Rawal
Bench: Amit Rawal
OP (CAT) NO. 154 OF 2018 and conctd. Case 1
2025:KER:13115
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
OP (CAT) NO. 154 OF 2018
AGAINST THE ORDER DATED 5.1.2017 in OA No.270 of 2016 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER/:
K.I.AKBAR
AGED 53 YEARS
S/O.K.K.KOYA, (SUBJECT MATTER SPECIALIST (PP) HOLDING THE FULL
ADDITIONAL CHARGE OF PROGRAMME CO-ORDINATOR, KRISHI VIGYAN
KENDRA, KILTAN ISLAND), PRESENTLY AGRICULTURAL DEMONSTRATOR,
ANDROTH, DEPARTMENT OF AGRICULTURE, UNION TERRITORY OF
LAKSHADWEEP TO RESIDING AT ALASKA NIVAS, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI-682555.
2 THE DIRECTOR (AGRICULTURE),
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI-682555.
3 INDIAN COUNCIL OF AGRICULTURAL RESEARCH,
REPRESENTED BY THE DIRECTOR GENERAL, INDIAN COUNCIL OF
AGRICULTURAL RESEARCH, KRISHIBHAVAN, NEW DELHI-110001.
4 THE DIRECTOR,
ICAR, AGRICULTURAL TECHNOLOGY, APPLICATION RESEARCH INSTITUTE,
MRS H.A. FARM POST HEBBAL, BENGALURU-560024.
BY ADVS.
KRISHNA T.C.
SHIGA N P
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 30.01.2025, ALONG WITH OP
(CAT).242/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO. 154 OF 2018 and conctd. Case 2
2025:KER:13115
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
OP (CAT) NO. 242 OF 2017
AGAINST THE ORDER DATED 05.01.2017 IN OA NO.270 OF 2016 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 THE DIRECTOR OF AGRICULTURE
UNION TERRITORY OF LAKSHADWEEP,KAVARATTI-682555.
2 UNION OF INDIA
REPRESENTED BY ADMINISTRATOR,UNION TERRITORY OF
LAKSHADWEEP,KAVARATTI
BY ADVS.
R.V. Sreejith
N.P.SHIGA
RESPONDENTS:
1 K.I.AKBAR
AGED 52 YEARS,S/O.K.K.KOYA,SUBJECT MATTER SPECIALIST(PP)HOLDING
THE FULL ADDITIONAL CHARGE OF PROGRAMME
COORDINATOR,KRISHIVIGYAN KENRA,KILTAN ISLAND,RESIDING
AT :ALASKA NIVAS;,KAVARATTI ISLAND,UNION TERRITORY OF
LAKSHADWEEP.
2 INDIAN COUNCIL OF AGRICULTURALK RESEARCH
REPRESENTED BY THE DIRECTOR GENERAL,INDIAN COUNCIKL OF
AGRICULTURAL RESEARCH,KRISHIBHAVAN,NEW DELHI-110001.
3 THE DIRECTOR
ICAR,AGRICULTURAL TECHNOLOGY,APPLICATION RESEARCH INSTITUTE,MRS
H.A.FARM POST HEBBAL,BANGALURU-560024.
BY ADV SRI.P.SANTHOSH KUMAR, SC, ICAR
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 30.01.2025, ALONG WITH OP
(CAT).154/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO. 154 OF 2018 and conctd. Case 3
2025:KER:13115
JUDGMENT
[OP (CAT) Nos.154/2018, 242/2017] Amit Rawal, J.
This order shall dispose of two OP(CAT)s; OP(CAT) No.242 of 2017 preferred by the Director of Agriculture, who was arrayed as respondent in OA No.270 of 2016 and OP(CAT) No.154 of 2018 by the applicants, aggrieved of the rejection of their petition viz-a-viz the challenge to the repatriation.
2. The controversy in both the cases in short is that while working as Technical Assistants were sent on deputation to Krishi Vigyan Kendra, Lakshadweep and ICAR. During the period of deputation submitted request for repatriation on 12.3.2015 but stated to have withdrawn. However, after rendering almost six years was relieved on 4.3.2016 and preferred the OA. The status quo order was issued on 30.3.2016 but by that time, was already relieved. The other staff of the KVK, who were all administrative staff, were all repatriated, back to the Administration, but the petitioner was left in KVK, Kiltan.
3. The question which arose before the Tribunal was whether the repatriation could be challenged, the answer would be 'No' for the reason that the deputation cannot be for an infinite period until and unless, the employee submits an application for losing the lien OP (CAT) NO. 154 OF 2018 and conctd. Case 4 2025:KER:13115 and requests for an absorption in the post being manned on deputation. Considering all these facts, the Tribunal rejected the case. However accepted the relief in part by ordering the protection of the pay drawn on deputation. It is on that ground, the respondents have filed the same whereas the applicant has challenged the aforementioned order. The directions contained by the Tribunal in paragraph No.23 protecting the pay of the applicant reads as under:
There is no doubt that applicant had put in a request for repatriation on 12.3.2015 which he withdrew later, whereas the other SMS is not put in such a request as he had held no post in the Island Administration and was recruited for KVK. Applicant was relieved from KVK on
4.3.2016 as per above request for repatriation. He approached the Tribunal on 30.3.2016. Respondent argues that KVK Lakshadweep was under the administrative control of Secretary, Agriculture Lakshadweep and applicant has not submitted any leave application, since he relief from KVK and therefore is on au authorized absence. His absence is an issue to be sorted out by the Secretary, Agriculture. The fact remains that the applicant was relieved on 4.3.2016 before the status quo order was issued by the Tribunal on 30.3.2016. Hence retention of applicant or continuation of applicant in KVK is no longer feasbile. Since applicant stands relieved from KVK, he has to report to the Island Administration. Whereas posting the applicant in any promotional post above the senior would cause injustice to seniors, we direct that on repatriation to parent department, the higher pay drawn by the applicant in KVk, be protected till such time as the applicant is promoted in turn, in his parent cadre to the scale of pay drawn in KVK.
4. We are of the view that such order cannot be passed as the repatriation in the absence of the seniors. At the best the directions OP (CAT) NO. 154 OF 2018 and conctd. Case 5 2025:KER:13115 could have been passed by hearing all the parties. Accordingly, we set aside the findings of the Tribunal recorded in paragraph 23 viz-a-
viz fixation of pay. OP(CAT) filed by the Director of Agriculture is allowed in part and dismissed the OP(CAT) filed by the applicant.
sd/-
AMIT RAWAL JUDGE sd/-
sab K. V. JAYAKUMAR
JUDGE
OP (CAT) NO. 154 OF 2018 and conctd. Case 6
2025:KER:13115
APPENDIX OF OP (CAT) 242/2017
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER F.NO.11/1/2015-AGRI
(KVK)/104 DATED 4.3.2016 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE MESSAGE F.NO.1/3/2014- AGRI (KVK) 104 DATED 3.8.2015/293 FROM THE 2ND RESPONDENT.
ANNEXURE A3 TRUE COY OF THE REPRESENTATION DATED 12.3.2015 SUBMITTED BY THE APPLICANT.
ANNEXURE A4 TRUE COPY OF THE LETTER F.NO.2-325/ZPD/2012-13/9933-34 DATED 1.9.2015 FROM ICAR.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 24.10.2015 SUBMITTED BEFORE THE IST RESPONDENT.
ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 20.1.2016 SUBMITTED BY THE APPLICANT.
ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED 11.3.2016 SUBMITTED BEFORE THE IST RESPONDENT.
ANNEXURE R1(A) TRUE COY OF THE F.NO.1/1/2005-KVK DATED 8.9.2009.
ANNEXURE R1(B) TRUE COPY OF THE ORDER F.NO.5/5/99 AGRI/538 DATED 5.12.2012.
ANNEXURE R1(C) TRUE COPY OF THE ORDER F.NO.11/1/2015-AGRI (KVK) DATED 22.4.2016.
ANNEXURE R1(D) TRUE COPY OF THE LETTER F.NO.3/35 (5)/2016 ADT.2 DATED 28.7.2016.
ANNEXURE R4(A) TRUE EXTRACT OF MEMORANDUM OF UNDERSTANDING DATED 10.8.1998 SIGNED BETWEEN THE 3RD RESPONDENT AND THE IST RESPONDENT.
OP (CAT) NO. 154 OF 2018 and conctd. Case 72025:KER:13115 ANNEXURE R4(B) TRUE COPY OF THE CIRCULAR F.NO.A.EXTN., 1/2/2015-AE-I DATED 7.6.2015 OF THE 3RD RESPONDENT.
ANNEXURE R4(C) TRUE COPY OF THE ORDER F.NO.11/1/2015- AGRI. (KVK)/216 DATED 22.4.2016 OF THE SECRETARY, AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
ANNEXURE R4(D) TRUE COPY OF THE ORDER NO.11/1/2015-AGRI.
(KVK)/104 DATED 4.3.2016 OF THE DIRECTOR OF AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
ANNEXURE R4(E) TRUE COPY OF THE REEQUEST DATED 12.3.2015 BY THE APPLICANT ADDRESSED TO SECRETARY, AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
ANNEXURE R4(F) TRUE COPY OF THE ORDER NO.5/5/99-AGRI.
DATED 5TH DECEMBER, 2012, FROM DIRECTOR OF AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
ANNEXURE A8 TRUE COPY OF ORDER F.NO.37/4/98-AGRI.
(KVK) DATED 17.7.1998 ISSUED BY THE ADMINISTRATOR.
ANNEXURE A9 TRUE COPY OF THE CIRCULAR NO.1/1/2005/KVK DATED 21.11.2006.
ANNEXURE A10 TRUE COPY OF ORDER NO.1/1/2005/KVK DATED 21.11.2006.
ANNEXURE A11 TRUE COPY OF THE APPLICATION DATED 20.12.2006 SUBMITTED BY THE APPLICANT.
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING ENTERED INTO BETWEEN THE INDIAN COUNCIL OF AGRICULTURAL RESEARCH(ICAR)AND THE UNION TERRITORY OF LAKSHADWEEP FOR SCIENTIFIC AND TECHNICAL COOPERATION UNDER THE IMPLEMENTATION OF THE SCHEME OF KVK ON 10.8.1998 OP (CAT) NO. 154 OF 2018 and conctd. Case 8 2025:KER:13115 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 17.7.1998 ISSUED BY THE ADMINISTRATOR OF THE UNION TERRITORY OF LAKSHADWEEP.
EXHIBIT P3 TRUE COPY OF THE OA FILED BY THE 1ST RESPONDENT WITH ANNEXURES EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER WITH ANNEXURES EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED BY THE ADDITIONAL 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE REJOINDER FILED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE STATEMENT FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE CAT IN O.A.NO.270/2016 DATED 5.1.2017.
OP (CAT) NO. 154 OF 2018 and conctd. Case 92025:KER:13115 APPENDIX OF OP (CAT) 154/2018 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE SAID ORDER F.NO.11/1/2015- AGRI(KVK)/104 DATED 04.03.2016 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A2 THE TRUE COPY OF THE MESSAGE F.NO.1/3/2014- AGRI(KVK) DATED 03.08.2015/293 FROM THE 2ND RESPONDENT.
ANNEXURE A3 THE TRUE COPY OF THE REPRESENTATION DATED 12.03.2015 SUBMITTED BY THE APPLICANT.
ANNEXURE A4 THE TRUE COPY OF THE LETTER F.NO.2-325/ZPD/2012- 13/9933-34 DATED 01.09.2015 FROM ICAR.
ANNEXURE A5 THE TRUE COPY OF THE REPRESENTATION DATED 24.10.2015 SUBMITTED BEFORE THE 1ST RESPONDENT.
ANNEXURE A6 THE TRUE COPY OF THE REPRESENTATION DATED 20.01.2016 SUBMITTED BY THE APPLICANT.
ANNEXURE A7 THE TRUE COPY OF THE REPRESENTATION DATED 11.03.2016 SUBMITTED BEFORE THE 1ST RESPONDENT.
ANNEXURE R1(A) THE TRUE COPY OF THE F.NO.1/1/2005-KVK DATED 08.09.2009.
ANNEXURE R1(B) TRUE COPY OF THE ORDER F.NO.5/5/99 AGRI/538 DATED 05.12.2012.
ANNEXURE R1(C) TRUE COPY OF THE ORDER F.NO.11/01/2015-AGRI (KVK) DATED 22.04.2016.
ANNEXURE R1(D) TRUE COPY OF THE LETTER F.NO.3/35(5) 2016 ADT.2 DATED 28.07.2016.
ANNEXURE R4(A) TRUE EXTRACT OF MEMORANDUM OF UNDERSTANDING DATED 10.08.1998 SIGNED BETWEEN THE 3RD RESPONDENT AND THE 1ST RESPONDENT.
ANNEXURE R4(B) TRUE COPY OF THE CIRCULAR F.NO.A.EXTN., 1/2/2015- AE-I DATED 07.06.2015 OF THE 3RD RESPONDENT.
ANNEXURE R4(C) TRUE COPY OF THE ORDER F.NO.11/1/2015-AGRI.(KVK)/216 DATED 22.04.2016 OF THE SECRETARY, AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
ANNEXURE R4(D) TRUE COPY OF THE ORDER NO.11/1/2015-AGRI.(KVK)/104 DATED 04.03.2016 OF THE DIRECTOR OF AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
OP (CAT) NO. 154 OF 2018 and conctd. Case 102025:KER:13115 ANNEXURE R4(E) TRUE COPY OF THE REQUEST DATED 12.03.2015 BY THE APPLICANT ADDRESSED TO SECRETARY, AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP .
ANNEXURE R4(F) TRUE COPY OF THE ORDER NO.5/5/99-AGRI. DATED 5TH DECEMBER , 2012 FROM DIRECTOR OF AGRICULTURE, UNION TERRITORY OF LAKSHADWEEP.
ANNEXURE A8 TRUE COPY OF ORDER F.NO.37/4/98-AGRI.(KVK) DATED 17.07.1988 ISSUED BY THE ADMINISTRATOR.
ANNEXURE A9 TRUE COPY OF THE CIRCULAR NO.1/1/2005/KVK DATED 21.11.2006.
ANNEXURE A10 TRUE COPY OF ORDER NO.1/1/2005/KVK DATED 21.11.2006.
ANNEXURE A11 TRUE COPY OF THE APPLICATION DATED 20.12.2006.
EXHIBIT P1 A TRUE COPY OF THE ORIGINAL APPLICATION FILLED BY THE PETITIONER EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FIELD BY THE RESPONDENT 1 AND 2 EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE STATEMENT FILED BY THE COUNSEL FOR THE RESPONDENTS 1 AND 2 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE CAT IN OA NO. 270/2016 DATED 05.01.2017 EXHIBIT P7 A TRUE COPY OF THE LAST PAY CERTIFICATE DATED 08.10.2018 ISSUED BY THE BLOCK DEVELOPMENT OFFICER, KILTAN ISLAND ALONG WITH ITS TRANSCRIBED COPY.
RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE PETITIONER BY F.NO.11/5/2016-AGRI (KVK) DATED 23.9.2016.
EXHIBIT R2(B) TRUE COPY OF THE LETTER F.NO.10/9/2018-DP (AGRI) DATED 05.09.2018 RECEIVED FROM THE DISTRICT AGRICULTURAL OFFICER, LAKSHADWEEP DISTRICT PANCHAYAT, KAVARATTI.
EXHIBIT R2(C) TRUE COPY OF THE LETTER F.NO.1/58/2017-DP-AGRI (AND)/280 DATED 22.9.2018 ISSUED BY THE AGRICULTURE OFFICER (DP), ANDROTT.
OP (CAT) NO. 154 OF 2018 and conctd. Case 112025:KER:13115 EXHIBIT R2(D) TRUE COPY OF THE LETTER F.NO.3/4/2016-DP/1011 DATED 16.11.2017 ISSUED BY THE DISTRICT AGRICULTURE OFFICER (DP), KAVARATTI.
EXHIBIT R2(E) TRUE COPY OF THE LETTER F.NO.33/06/2018-AGRI(20/609 DATED 06.09.2018 ISSUED BY THE DIRECTOR (AGRICULTURE).
EXHIBIT R2(F) TRUE COPY OF THE LETTER F.NO.33/6/2018- (AGRI) 1/623 DATED 10.09.2018.
EXHIBIT R2(G) TRUE COPY OF THE SHOW CAUSE NOTICE F.NO.1/10/2017 DATED 09.11.2017 ISSUED BY THE CEO, DP.
EXHIBIT R2(H) TRUE COPY OF THE ORDER DATED 7.3.12 ISSUED BY THE ADMINISTRATION.