Kerala High Court
Dr. Jayanta Sarkar vs Rubber Board on 9 June, 2025
2025:KER:41981
WP(C) NO. 19087 OF 2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 19087 OF 2017
PETITIONERS:
1 DR. JAYANTA SARKAR
AGED 38 YEARS
SCIENTIST B (CROP PHYSIOLOGY)RUBBER RESEARCH
INSTITUTE OF INDIA,KOTTAYAM-686 009.
2 THOMAS K.U.
SCIENTIST B (MOLECULAR BIOLOGY)RUBBER RESEARCH
INSTITUTE OF INDIA,KOTTAYAM-686 009.
3 DR.MANOJ KURIAN
SCIENTIST B (RUBBER TECHNOLOGY)RUBBER RESEARCH
INSTITUTE OF INDIA,KOTTAYAM-686 009.
4 DR.K.V.SUMESH
SCIENTIST B (CROP PHYSIOLOGY)RUBBER RESEARCH
INSTITUTE OF INDIA,KOTTAYAM-686 009.
5 DR.SOBHA S.
SCIENTIST B (BIOTECHNOLOGY)RUBBER RESEARCH
INSTITUTE OF INDIA,KOTTAYAM-686 009.
6 AMBILI K.K.
SCIENTIST B (AGRICULTURAL CHEMISTRY)RUBBER
RESEARCH INSTITUTE OF INDIA,KOTTAYAM-686 009.
7 DR.DEEPTHY ANTONY P.
SCIENTIST B (BOTANY/PLANT BREEDING)HEVEA
BREEDING SUB STATION,RUBBER RESEARCH INSTITUTE
OF INDIA,KADABA, KARNATAKA-574 221.
8 BHASKAR DATTA
SCIENTIST B (AGRONOMY), REGIONAL RESEARCH
STATION,RUBBER RESEARCH INSTITUTE OF
2025:KER:41981
WP(C) NO. 19087 OF 2017
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INDIA,AGARTHALA-799 001.
9 DR.DEBABRATA RAY
SCIENTIST B (CROP PHYSIOLOGY),REGIONAL RESEARCH
STATION,RUBBER RESEARCH INSTITUTE OF
INDIA,AGARTHALA-799 001.
0 RAVICHANDRAN S.
SCIENTIST B (AGRONOMY), REGIONAL RESEARCH
STATION,RUBBER RESEARCH INSTITUTE OF
INDIA,DAPCHARI, MAHARASHTRA-401 610
11 DR.SURYAKUMAR M.
SCIENTIST B (BOTONY/PLANT BREEDING), HEVEA
BREEDING SUB STATION,RUBBER RESEARCH STATION,
PARLIAR, KANYAKUMARI,TAMIL NADU-670 703.
BY ADVS.
SHRI.ASOK M.CHERIAN
SRI.K.JANARDHANA SHENOY
SHRI.V.N.RAJAPPAN
RESPONDENTS:
1 RUBBER BOARD
REPRESENTED BY ITS SECRETARY,KOTTAYAM-686 002.
2 CHAIRMANEXECUTIVE DIRECTOR
RUBBER BOARD, KOTTAYAM-686 002.
3 DIRECTOR RESEARCH
RUBBER RESEARCH INSTITUTE OF INDIA,KOTTAYAM-686
009.
4 UNION OF INDIA
REPRESENTED BY THE SECRETARY,MINISTRY OF
COMMERCE AND INDUSTRY,GOVERNMENT OF INDIA,
UDYOGA BHAVAN,NEW DELHI-110 017.
5 THE SECRETARY
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES &
PENSION,DEPARTMENT OF PERSONNEL &
TRAINING,GOVERNMENT OF INDIA, NORTH BLOCK,NEW
DELHI-110 017.
2025:KER:41981
WP(C) NO. 19087 OF 2017
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BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.V.ABRAHAM MARKOS
SHRI.ABRAHAM JOSEPH MARKOS
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SMT.RACHEL ABRAHAM
SHRI.C.DINESH, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 19087 OF 2017
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JUDGMENT
The dispute in this writ petition is essentially with reference to the implementation of the Flexible Complementing Scheme (FCS) for the scientists working in the respondent Rubber Board on the basis of the 6th central pay commission.
2. I have heard Sri.Rakhukumar, the learned counsel for the petitioner, Sri.C.Dinesh, the learned senior panel counsel for the respondents 4 and 5, as well as Sri.Isaac Thomas, the learned Standing Counsel for the respondents 1 to 3.
3. This Court notices that the submission made by the petitioners is essentially to the effect that, going by the benefits available under Ext.P1, insofar as the petitioners have admittedly put in three years' service, they were entitled for the benefit of the FCS and though Exts. P5 and P6 were submitted in tune with the directions contained therein, the petitioners are not being extended benefits under the scheme.
4. This Court, however, notices the submission made by Sri.Isaac Thomas on behalf of the Rubber Board that, even going by the scheme at Ext.P1, the benefits have to be extended after carrying out necessary amendments to the 2025:KER:41981 WP(C) NO. 19087 OF 2017 5 Recruitment Rules of the Rubber Board, for which appropriate action has been taken by the Board, and it is only on account of the non-approval of the amendments proposed, at the hands of the Union, that the Rubber Board is not in a position to implement the directions as per Ext.P1. This Court also takes note of Ext.R1(g), as per which the petitioners have already been extended certain other MACP benefits, on account of which the benefits that are available under Ext.P1 are more or less extended to the petitioners. At the same time, this Court notices that if the benefits of the FCS scheme were extended, the petitioners would have received the said benefit much earlier than the benefits now granted as per the MACP Scheme.
5. In such circumstances, this Court holds that it is for the Union of India to take into consideration the stand taken by the Rubber Board that they have already taken steps for amending the Recruitment Rules by making appropriate representations to the union and it is for the centre to accept the afore recommendations at the earliest.
6. Therefore, this writ petition would stand disposed of, directing the 4th respondent to take note of the 2025:KER:41981 WP(C) NO. 19087 OF 2017 6 recommendations made by the Rubber Board for amending the Recruitment Rules and pass appropriate orders as expeditiously as possible, and at any rate within a period of six months from the date of receipt of the copy of this judgment.
The Rubber Board to extend whatever benefits that are available to the petitioners on the basis of the orders to be issued by the 4th respondent herein, as above, while implementing the benefits extended through Ext.P1 thereafter. Needless to say that the Rubber Board would be entitled to evaluate the entitlement of the individual petitioners in tune with Ext.P1, as seen from Exts.P5 and P6 submitted by the petitioners, while considering the eligibility of the respective petitioners.
Sd/-
HARISANKAR V. MENON JUDGE GBG 2025:KER:41981 WP(C) NO. 19087 OF 2017 7 APPENDIX OF WP(C) 19087/2017 PETITIONER ANNEXURES Annexure 1 A Photostat copy of the order No. K-
39011/5/2024 - PLANT B dated 10-10-2024 issued by the 4th respondent, received by this counsel from the petitioners RESPONDENT EXHIBITS Exhibit R1(h) True copy of the Office Memorandum No. 3/2(1)/2021/CPS dated 16.08.2021 issued by the Rubber Board granting MACP benefits to the Petitioners Exhibit R1(i) True copy of the Office Memorandum No. 3/2(1)/2024/CPS dated 02.01.2024 issued by the Rubber Board granting MACP benefits to the Petitioners Exhibit R1(g) True copy of the communication dated 24.10.2024 issued by the Executive Director, Rubber Board to the Director (Plantations), the Department of Commerce, Ministry of Commerce and Industry PETITIONER EXHIBITS EXHIBIT P5 : A TRUE COPY OF THE OFFICE NOTE DATED 15- 09-2015 OF THE 1ST RESPONDENT DIRECTING THE PETITIONERS TO PROVIDE NECESSARY DOCUMENTS FOR ASSESSMENT.
EXHIBIT P1 : A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 10-09-2010 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P7 : A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 30-08-2016. EXHIBIT P6 : A TRUE COPY OF THE NOTE DATED 21-09-2015 OF THE DIRECTOR OF RESEARCH OF RUBBER RESEARCH INSTITUTE OF INDIA.
EXHIBIT P2 : A TRUE COPY OF THE OFFICE ORDER NO.985 DATED 2-4-2014 OF THE 1ST RESPONDENT.
EXHIBIT P3 : A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 17-7-2002 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P4 : A TRUE COPY OF THE LETTER NO.G4/2341/TC/A
TRUE COPY OF THE OFFICE MEMORANDUM DATED 21-9-2012 OF THE 5TH RESPONDENT.