Kerala High Court
Harikrishnan N vs State Of Kerala on 23 March, 2020
Author: P.V.Asha
Bench: P.V.Asha
WP(C).25634/2018&WP(C).25762/2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942
WP(C).No.25634 OF 2018(D)
PETITIONER/S:
1 HARIKRISHNAN N
JOINT MANAGER/REGIONAL MANAGER,KERALA STATE
WAREHOUSING CORPORATION ,REGIONAL OFFICE,KANNUR.
2 REENA.V.H
JOINT MANAGER(ZONAL MANGER IN CHARGE),KERALA STATE
WAREHOUSING CORPORATION,ZONAL OFFICE,CENTRAL
ZONE,ERNAKULAM.
3 SAJI GEORE
JOINT MANAGER/REGIONAL MANAGER,KERALA STATE
WAREHOUSING CORPORATION,REGIONAL OFFICE,KOTTAYAM.
4 ASHRAF ALI.S
JOINT MANAGER/REGIONAL MANAGER,KERALA STATE
WAREHOUSING CORPORATION,REGIONAL OFFICE,CENTRAL
ZONE,ERNAKULAM.
BY ADVS.
SRI.K.JAJU BABU (SR.)
KUM.NEETU VINOD
SMT.M.U.VIJAYALAKSHMI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,AGRICULTURAL DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 KERALA STATE WAREHOUSING CORPORATION
HEAD OFFICE,ERNAKULAM-682016,REPRESENTED BY ITS
MANAGING DIRECTOR.
3 THE MANAGING DIRECTOR.
KERALA STATE WAREHOUSING CORPORATION,HEAD
OFFICE,ERNAKULAM.- 682016
WP(C).25634/2018&WP(C).25762/2018
2
BY SRI.MAJNU KOMATH, SC, K.S.W.C.
OTHER PRESENT:
ADDL.AG.SRI.RANJITH THAMPAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.02.2020, ALONG WITH WP(C).25762/2018(U), THE COURT ON
23.03.2020 DELIVERED THE FOLLOWING:
WP(C).25634/2018&WP(C).25762/2018
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942
WP(C).No.25762 OF 2018
PETITIONER/S:
1 PETER P.P
AGED 51 YEARS, S/O PAUL, ZONAL MANAGER IN CHARGE,
(JOINT MANAGER), NORTH ZONE, KERALA STATE
WAREHOUSING CORPORATION, THALAI, THALASSERY-670102,
RESIDING AT PAYYAPPILLY, ASHOKAPURAM, ALUVA-683101.
2 RENJU V NATH
AGED 46 YEARS, W/O N SREENATH, REGIONAL
MANAGER(JOINT MANAGER), KERALA STATE WAREHOUSING
COPORATION, WADAKKANCHERRY, THRISSUR-680623,
RESIDING AT APARTMENT NO.2A, ASSET URBAN CREST,
MAMANGALAM, EDAPALLY, KOCHI-682024.
3 VINOD T VARGHESE
AGED 43 YEARS, S/O T.C VARGHESE, MARKETING MANAGER
IN CHARGE (JOINT MANAGER), KERALA STATE WAREHOUSING
CORPORATION,HEAD OFFICE, ERNAKULAM, KOCHI-682016,
RESIDING AT THERAKATH,VELLOOR PO, KOTTYAM-686501.
4 BOBY GEORGE
AGED 44 YEARS, S/O M.C GEORGE, JOINT MANAGER GRADE-
II,KERALA STATE WAREHOUSING CORPORATION, HEAD
OFFICE, ERNAKULAM, KOCHI-682016, RESIDING AT
MANIANGATTU MANALUNKAL PO, KOTTAYAM-686503.
BY ADVS.
SRI.P.NANDAKUMAR
SRI.S.ANEESH
SMT.AMRUTHA SANJEEV
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT,AGRICULTURE (PU) DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
WP(C).25634/2018&WP(C).25762/2018
4
2 KERALA STATE WAREHOUSING CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, HEAD
OFFICE,ERNAKULAM, KOCHI-682016.
3 THE MANAGING DIRECTOR
KERALA STATE WAREHOUSING CORPORATION, HEAD
OFFICE,ERNAKULAM, KOCHI-682016.
BY ADV. SRI.MAJNU KOMATH, SC, K.S.W.C.
ADDL.AG.SRI.RANJITH THAMPAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.02.2020, ALONG WITH WP(C).25634/2018(D), THE COURT ON
23.03.2020 DELIVERED THE FOLLOWING:
JUDGMENT
[ WP(C).25634/2018, WP(C).25762/2018 ] Dated this the 23rd day of March 2020 Both these cases relate to the cancellation of promotion granted to the petitioners as Joint Managers Gr.II and thereafter as Joint Managers in the Kerala State Warehousing Corporation (hereinafter referred to as `Corporation' for short).
2. The parties and documents referred to in these Writ Petitions are as described in W.P(C).No.25634/2018 unless specified otherwise.
3. The petitioners were appointed as Assistant Managers in the Corporation in the year 2005. It is stated that they were absorbed into the regular cadre in the year 2006. They were promoted as Senior Assistant Managers in the year 2011. Appointment to the post of Deputy Manager is made by promotion of a Graduate Senior Assistant Manager with 5 years of service based on seniority and appointment as Joint Manager is by promotion of a Deputy Manager with 5 W.P.(C) No.25634/2018-D and 25762 of 2018-U :6: years of service in that post based on seniority. Since there were no qualified hands in the feeder categories, the Corporation issued a notification in the year 2012 inviting application for direct recruitment to 2 posts of Deputy Manager and 5 posts of Joint Manager. Some of the petitioners challenged the same filing W.P(c).No.23454 of 2012. In Ext.P6 counter affidavit filed in that Writ Petition on 7.11.2012 it was stated that there were 10 vacancies of Joint Manager and 5 vacancies of Deputy Manager as on 1.10.2012. As per order dated 9.10.2012 the proceedings for direct recruitment were stayed by this Court and as per Ext.P13 judgment dated 27.11.2017, the Writ Petition was disposed of recording the submission made by the learned Standing Counsel that the proposal for direct recruitment was already cancelled. In the meanwhile, on the basis of decision of the Board of Directors to relax the experience the Executive Committee redesignated the post of Deputy Managers and Joint Managers as Joint Manager Gr.II and based on that the Managing Director granted promotion to the petitioners and several other Senior Assistant Managers as Joint Manager Gr.II as per Ext.P9 order dated 20.02.015 and similar orders. Whileso, the Board of Directors as per Ext.P10 resolution W.P.(C) No.25634/2018-D and 25762 of 2018-U :7: decided to make promotions to the vacant posts of Joint Managers after conducting interview of those who completed one year in the post of Joint Manager Gr.II. Thereafter, the Managing Director promoted the petitioners as Joint Managers as per order dated 06.05.016, which was modified as per Ext.P11 order dated 23.06.2016, making it subject to the result of W.P(c).No.10051 of 2015. It is stated that the Kerala State Warehousing Corporation Employees Association had filed W.P(c).No.10051 of 2015 challenging the recruitment made to various posts which were pending at that time, where the respondents filed Ext.P12 counter affidavit justifying the promotions.
4. Whileso, they received Ext.P14 show cause notice dated 19.04.2018 proposing cancellation of their appointments. Referring to the rules for promotion to the post of Deputy Managers and Joint Managers, for which 5 years' service each is required in the feeder categories, it was stated that the Board of Directors found that Government sanction was required for any modification against the staff pattern Rules sanctioned by the Government. It was stated that in the meeting held on 15.09.2003 the Board of Directors had resolved to follow W.P.(C) No.25634/2018-D and 25762 of 2018-U :8: the rules approved by the Government taking note of the fact that the staff pattern rules were approved by the Government. It was also noticed that the Government had already ordered that prior sanction from the Government would be required for any deviation from the existing staff pattern rules i.e, for creation or re-designation of a post in the Corporation. It was stated that while according sanction for revision of pay of the employees as per G.O. (Ms).No.29/09/AD dt.05.02.2009, Government, had directed that no new post would be created or upgraded without prior approval of the Government. In clause (vi) of that order it was stipulated that the Corporation shall not change the terms and conditions of service of its employees including promotions and leave rules without prior approval of the Government. The Board found that the Board of Directors had in its 272nd meeting held on 23.07.2014 constituted a sub committee to study and report on the feasibility of amending promotion rules by relaxing the experience so as to fill up senior positions. It was stated that the report of the sub committee dated 08.10.2014 would show that no study was made for amending the promotion rules and the committee merely recommended for clubbing of posts of Deputy Manager and Joint Manager into one post. As per W.P.(C) No.25634/2018-D and 25762 of 2018-U :9: resolution no.3079 the Board of Directors in its meeting held on 27.12.2014 approved the report of the sub-committee and resolved that persons having three years service as Senior Assistant Manager will be considered for promotion. On the basis of that decision interview was conducted and the Executive Committee in its meeting held on 13.02.2015 promoted Senior Managers like the petitioners as Joint Manager Grade II. The Board found that the new dispensation by combining the posts of Deputy Manager and Joint Manager and treating the post as Joint Manager Gr.II and promoting 16 Senior Assistant Managers as Joint Manger Gr.II and re- designating the post of Deputy Manager as Joint Manager Gr.II was in violation of the Government orders and the staff pattern rules of the Corporation. As per the decision of the 279th Board of Directors meeting held on 22.12.2015 an interview was conducted for 18 posts of Joint Manager Gr.II and promoted 12 out of them as Joint Manager which is a non existing post. It was stated that the Board of Directors in its 283rd meeting held on 19.05.2017 discussed the matter and found that the promotion and re-designation were made without prior approval of the Government and that serious lapse was committed in making such promotions/re- designation. It was resolved to point out the W.P.(C) No.25634/2018-D and 25762 of 2018-U :10: irregularities to the incumbents concerned and authorised the Managing Director to address the Government in the matter. It was stated that the Government had as per its letter dated 18.01.2018 directed the Corporation to consider the matter in detail and to cancel the unauthorised promotions adhering to the rules and regulations of the Corporation. It was further stated that the 290th meeting of the Board of Directors discussed the Government letter and came to prima facie opinion that there were irregularities and illegalities in the promotion; the Board resolved to point out the same to the incumbents concerned and to call upon them to show cause as to why their promotions should not be cancelled or reviewed. As authorised by the Board of Directors the Managing Director issued the show cause notice.
5. The petitioners submitted their explanation Ext.P21 before the Managing Director stating that there was no violation of rules or regulations in their promotions and that promotions were ordered after Corporation took a conscious decision to grant relaxation of experience by filling up the vacant posts. Referring to the provisions contained in Section 42(1) of the Warehousing Corporations Act, 1962 ('the Act' for short), the Kerala State W.P.(C) No.25634/2018-D and 25762 of 2018-U :11: Warehousing Corporations Staff Regulations, 1963 ('the Regulations' for short) framed under it and Clause 5 of the Regulations, petitioners pointed out that, it is for the Board of Directors to determine the strength of the staff; the method of appointment, qualification, experience, etc. required for each post as notified as per circular dated 30.03.1991(Ext.P2 in W.P.(C)No.25762/2018); petitioners were promoted on the basis of Ext.P7 resolution dated 27.12.2014 of the Board of Directors, which was a conscious decision to relax the qualifying service for promotion, due to shortage of qualified hands, after re-designating the posts of Deputy Manager to Joint Manager Gr.II; their promotion as Joint Manager was also based on the decision of the Board of Directors. It was pointed out that the resolution Ext.P19 dated 15.09.2003 relied on by the Board of Directors towards the sanction from the Government, was cancelled by Ext.P20 resolution dated 17.01.2008 in its 247th meeting held on 17.01.2008 and therefore no sanction was required from the Government; they stated that their promotions were not unauthorised; the promotion was granted after conducting an interview by a committee; pointing out that the respondents had filed a counter affidavit in W.P(C).No.10051/2015 justifying the promotions made on the W.P.(C) No.25634/2018-D and 25762 of 2018-U :12: basis of Ext.P7 resolution, they stated that the Corporation cannot change its stand thereafter. They requested to drop the proposed action.
6. In the representations produced as Exts.P12 to P15 in W.P.(C) No.25762 of 2018, the petitioners therein had also pointed out that the power of the Government to issue any direction is confined to questions of policy and that too on business principles as provided in Section 20(4) of the Act. They had pointed out that the conditions of service and remuneration of the staff of the Corporation are to be fixed by the Board of Directors, as per Section 23(2) and that the Regulations framed under Section 42(1) do not require any sanction from the Government for modification of staff rules and sanction accorded by the Government for the staff pattern rules cannot be a factor to insist sanction from the Government when the Regulation does not provide for the same.
7. However, by Exts.P22 to P25 orders dated 26.07.2018 the Managing Director decided to cancel the promotions granted to the petitioners. The 2nd petitioner was accordingly reverted to the post of Senior Assistant Manager. It was further stated that as she had by that time completed 5 years of service in the post of Senior W.P.(C) No.25634/2018-D and 25762 of 2018-U :13: Assistant Manager on 07.02.2016 and became eligible for promotion to the post of Deputy Manager and since the vacancy of Deputy Manager arose on 18.12.2017 she was promoted as Deputy Manager wef 18.12.2017. The Board had issued Ext.P23 order dated 26.07.2018 cancelling the promotion of the 1st petitioner also. Since it was seen that the petitioner had completed 5 years of service as Assistant Manager on 07.02.2016 and a vacancy arose on 01.05.2018, he was promoted to the post of Deputy Manager w.e.f 01.05.2018. Similar orders were passed in the case of other petitioners also as per Exts.P24 and P25. In the orders cancelling their promotions, the respondents stated that the promotions were made to the redesignated posts contrary to the directions in Ext.R2(g) Government order dated 05.02.2009 according to which there cannot be any creation, reduction or upgradation of posts or modification to conditions of service without prior approval of the Government. Pointing out the irregularity they found in promotion, it was stated that their reply to show cause notice was considered by the Board with reference to the legal opinion and connected documents including the Government letter dated 18.01.2018, and the Board affirmed its proposal and resolved to revert them, cancelling the W.P.(C) No.25634/2018-D and 25762 of 2018-U :14: promotions granted to them as per orders dated 20.02.2015. Based on the decision of the Board, Exts.P22 to P25 orders dated 26.07.2018 were issued cancelling the promotions granted to the petitioners. The 2nd petitioner was accordingly reverted to the post of Senior Assistant Manager. It is stated that as she had by that time completed 5 years of service in the post of Senior Assistant Manager on 07.02.2016 and became eligible for promotion to the post of Deputy Manager and since the vacancy of Deputy Manager arose on 18.12.2017, she was promoted as Deputy Manager w.e.f 18.12.2017. Similarly, the 1st petitioner was found eligible for promotion and he was promoted to the post of Deputy Manager w.e.f 01.05.2018. Similar orders were issued in the case of other petitioners also as per Exts.P24 and P25. The petitioners have approached this Court at this stage challenging the cancellation of their promotion.
8. The contention of the petitioners in WP(C). No.25762/2018 is that promotion is to be made by the Corporation and Government sanction is not necessary for promotion or for re-designation. It is stated that as per Section 20(4), the role of the Government is to guide the Board of Directors in business principles on policy W.P.(C) No.25634/2018-D and 25762 of 2018-U :15: matters. Corporation is to make appointments of its employees, fix the staff strength, pay, etc. Staff Strength and staff pattern is approved in G.O.(Ms).No.111/91/AD dated 19.03.1991 (Ext.P1 therein) under which the staff pattern and staff strength of the Corporation was fixed; remuneration and conditions of service of those employed by the Corporation were determined by regulations made by the Corporation under Section 23(2) of the Act. Staff Rules are issued as per circular dated 30.03.1991 (Ext.P2 therein). Therefore, sanction from the Government was not necessary for relaxation of experience or for re-designation. According to the petitioners, the Board of Directors took a decision to relax the qualifying service for promotion as Joint Manager Gr.II in the absence of qualified hands.
9. The respondents have filed a counter affidavit. It is stated that as per Section 20(1) of the Act, the general superintendence and management of the affairs of a State Warehousing Corporation vests in the Board of Directors. It is stated that as per G.O.(Ms) No.111/91/AD dated 19.03.1991 (Ext.P1 in W.P.(C).No.25762/2018) the Government granted approval for the staff strength fixed by the Corporation and staff pattern of the Corporation stipulating certain conditions; based on the staff pattern, W.P.(C) No.25634/2018-D and 25762 of 2018-U :16: the Corporation issued a circular dated 30.03.1991 (Ext.P2 in W.P.(C) No.25762/2018) notifying the rules for promotion and direct recruitment of staff in the Corporation. It is stated that the staff Regulations are made with the prior sanction of State Government, invoking Section 42(1) of the Act; as per Regulation 6 appointment to various posts shall be made by promotion or by direct recruitment or by deputation in accordance with such terms and conditions as the Board of Directors may lay down from time to time. It is stated that as per staff rules for promotion as Deputy Manager, 5 years experience in the post of Senior Assistant Managers is required; the qualification, appointment and promotions are as prescribed in those rules. The petitioners were promoted as Senior Assistant Managers only as per order dated 07.02.2011 and they would have become eligible for promotion as Deputy Manager only after 5 years in that post. It is stated that in order to accommodate the petitioner and others in the senior posts, the Board of Directors convened a meeting on 23.07.2014 and as per Ext.R2(a) minutes constituted a committee to study and report the feasibility of amending promotion rules in order to fill up senior position; that committee, without conducting any study, submitted W.P.(C) No.25634/2018-D and 25762 of 2018-U :17: Ext.R2(c) report on 8.10.2014 with 3 recommendations - for clubbing of the post of Deputy Manager and Joint Manager/Regional Manager; to initiate proper selection process for promoting Senior Assistant Managers with three years in the post after conducting interview, as a one time process. Thereafter, the Board of Directors in its meeting held on 27.12.2014,as per Ext.R2(c)/Ext.P7 minutes decided to accept the recommendation and to re-designate the post of Deputy Manager as Joint Manager Grade II and to promote them after completion of one year as Joint Manager after conducting interview. It is stated that though the decision of the Board was only to re-designate the post of Deputy Manager as Joint Manager Grade II, there was no decision to re-designate Joint Managers as Joint Manager Grade II. Pointing out the staff position as on 01.02.2015 referring to Ext.R2(d) it is stated that there were only 5 vacancies in the category of Deputy Manager and 14 vacancies of Joint Manager/Regional Manager. It is stated that as per Ext.R2(e) Minutes dated 13.02.2015 the Executive Committee under the guise of the Board Decision accepted the rank list prepared by the interview committee and approved the same for promotion and decided to combine the vacancy of Joint Manager/Regional Manager and Deputy Manger as Joint W.P.(C) No.25634/2018-D and 25762 of 2018-U :18: Manager Gr.II in the scale of pay of Deputy Manager (12250- 19800) as a one time arrangement and authorized the Managing Director to promote the persons as per the fresh seniority list based on interview and decided to make promotions. According to the respondents, the executive committee does not have any authority to convert the vacant posts of Joint Manager as Joint Manager Gr.II and to make promotions accordingly. Thereafter, the Board of Directors in its meeting held on 22.12.2015 decided to grant promotion to Joint Manager Gr.II to the post of Joint Manager/Regional Manager, after completion of one year based on interview. The respondents have stated that such a decision was taken at a time when there was no vacancy of Joint Manager because 14 out of the 15 posts of Joint Manager/Regional Manager were already re-designated by the executive committee as Joint Manager Gr.II. It is stated that from Ext.R2(f) staff position as on 01.05.2016, there was only one post of Joint Manager/Regional Manager and as against 21 posts of Joint Manager Gr.II, 18 persons were working and 3 posts were vacant. It is stated that the petitioners were granted promotion as Joint Manager/Regional Manager in the absence of posts. The respondents rely on Ext.R2(g) Government order dated W.P.(C) No.25634/2018-D and 25762 of 2018-U :19: 05.02.2009 whereby the Government had, while according sanction for pay revision, ordered that posts shall not be created or upgraded in the Corporation without prior approval of the Government and that the Corporation shall not change the terms and conditions of service of its employees without prior approval of the Government. It is stated that as per Ext.R2(h) letter dated 04.12.2009 the Government had directed the Corporation to stop the practice of taking decision without prior approval from the Government and then seeking ratification from the Government. The Corporation in its letter dated 07.07.2017 addressed the Government pointing out the anomalies in promotion. It is stated that the Government as per Ext. R2(i) letter dated 18.01.2018 directed the Managing Director to examine the promotions, creation of posts, re- designation, etc. in the light of the staff regulations and the Government orders issued on 19.03.1991 and 05.02.2009 and to cancel illegal promotions. It is stated that Ext.P14 show cause notice was issued thereafter to all the beneficiaries of illegal promotions. On receipt of the reply from the petitioners the Board of Directors considered the same and the Corporation found that the promotion granted to 16 Senior Assistant Managers as Joint W.P.(C) No.25634/2018-D and 25762 of 2018-U :20: Manager Gr.II and re-designation of two Deputy Managers as Joint Manager Gr.II and further promotion of 13 Joint Manager Gr.II as Joint Manager is illegal and irregular. Therefore, Board decided to revert the promotees and provide sanction for promotion of the officers, who are eligible for promotion in accordance with the rules of the Corporation. Relying on the judgments in W.A.Nos.1918/2007 and 1320/2010 it is stated that the executive committee does not have any power to create post.
10. The petitioners relied on the counter affidavits filed by the respondents when Writ Petitions were filed challenging their promotions. It is pointed out that in the counter affidavit filed in W.P(C).No.23454/2012 (Ext.P6 in W.P(c).No.25634/2018) dated 7.11.2012, the Managing Director of the Corporation had in para.6 stated the vacancy position of various posts as on 1.10.2012, according to which there were 10 vacancies of Joint Manager and 5 vacancies of Deputy Manager. It is further pointed out that in W.P(c).No.10051/2015 filed by the Warehousing Corporation Employees' Association, the Managing Director had filed a counter affidavit (Ext.P12 in W.P(c).No.25634/2018) where they had explained the decision taken as per Ext.R2(c) minutes. The petitioner stated that W.P.(C) No.25634/2018-D and 25762 of 2018-U :21: the Board had found that it was competent to re-designate the post or relax the rules in exigency of service and that the Government does not have any role in the matter of appointments under the 2nd respondent. According to the petitioners, there was no addition or creation of post and there was only re-designation which was permissible.
11. The petitioners have got another contention that the Board of Directors and the Government have already taken a decision to cancel the promotion. Therefore, the show cause notice was an empty formality as they were given only a post decisional opportunity. The petitioners have also got a contention that even though a show cause notice was issued they were not given an opportunity of hearing. Learned counsel for the petitioners relying on the judgment of this Court in Kerala Financial Corporation Officers Association and another vs. Kerala Financial Corporation and another : 2007 (2) KHC 730 argued that prior sanction of the Government was not necessary for promotion. The judgment of the Apex Court in Rakesh Ranjan Verma and others Vs. State of Bihar and others :
1992 suppl 2 SCC 343, H.L.Trehan and others v. Union of India and others : (1989) 1 SCC 764 were relied on in support of the contention that post decisional hearing W.P.(C) No.25634/2018-D and 25762 of 2018-U :22: violated the principles of natural justice.
12. On the other hand, according to the respondents, the decision of the board itself to relax the recruitment rules was without authority. The petitioners were placed in a higher post with higher scale of pay, while re- designating the post of Deputy Managers at a time when they had only 3 years of service; whereas the requisite period of service required for appointment is 5 years. Apart from re-designating the post of Deputy Manager as Joint Manager Gr.II, promotions were also made from the re-designated post of Joint Manager Gr.II as Joint Manager even in the absence of posts. According to the respondents, that would amount to creation of posts for which Government's approval is necessary. More over, it is pointed out that the executive committee promoted the petitioners to the post of Joint Manager Gr.II in the absence of any decision of the Board to redesignate the vacant posts of Joint Managers as Joint Managers Gr.II and thereafter as Joint Manager at a time when they were not eligible and when there were no posts of Joint Manager. The learned Additional Advocate General argued that promotion was not possible from the post of Joint Manager Gr.II as Joint Manager especially when the rules do not provide for the same and also when W.P.(C) No.25634/2018-D and 25762 of 2018-U :23: there were no such posts. The orders promoting the petitioners show that they are given the benefit of promotion to the posts which are not covered by the regulations or the provisions contained in the Act. It was argued that in the absence of any post like that of Joint Manager Gr.II, the promotion of the petitioners can only be said to be to new posts for which there is no sanction from the Government. When the Director Board met and accepted the recommendation of the sub committee it was decided to fill up the vacancies on a one time measure. The learned counsel for the respondents pointed out that on redesignation as Joint Manager Gr.II combining even the posts of Joint Managers along with Deputy Managers, no posts existed for promotion as Joint Managers. It is pointed out that the posts as well as corresponding scale of pay are provided in the regulations. Therefore, when irregularities were noticed it was upto the Board of Directors to correct the same. Moreover, it is pointed out that the executive committee had exceeded its powers. The learned counsel for the respondents relied on the judgment in WP(C) No.2032/2017 which was upheld in W.A.No.1665/2018.
13. Heard Sri. Jaju Babu, the learned Senior Counsel and Sri. P.Nandakumar, the learned Counsel for the W.P.(C) No.25634/2018-D and 25762 of 2018-U :24: petitioners, Sri. Ranjith Thampan, learned Additional Advocate General and Sri. Majnu Komath, learned Standing Counsel for the respondents. In the show cause notice, the irregularity found in the promotions of the petitioners was that prior sanction of the Government as required in Ext. P19 resolution of the Board as well as in Ext.R2(g) order was not obtained. In the reply to the show cause notice the petitioners had pointed out that Ext.P19 decision dated 15.09.2003 in the 233rd meeting of the Board of Directors, relied on by the respondents was cancelled as per Ext.P20 decision in the 247th meeting of the Board of Directors. However, in the orders cancelling the promotion the respondents have not referred to Ext P19 resolution.
14. However, they relied on various orders/letters issued by the Government like Ext.R2(g) order dated 05.02.2009 passed by the Government while according sanction for pay revision directing that no new posts shall be created or upgraded without prior approval of the Government and that the Corporation shall not change its terms and conditions of service of its employees without its prior approval. It would appear that the Board of Directors have also not taken up the matter with the Government pointing out their resolution Ext.P20. It is W.P.(C) No.25634/2018-D and 25762 of 2018-U :25: therefore necessary to examine whether prior sanction from the Government is necessary for re-designation or clubbing or creation or abolition of post in the Warehousing Corporation. In this context, it is necessary to have a look at the relevant provisions in the Warehousing Corporation Act, 1962 ('the Act' for short), the staff regulations, the staff pattern rules and thereafter the decisions taken by the Board of Directors. Relevant portion of Sections 20, 23 and 42 of the Act read as follows:
"20. Management of a State Warehousing Corporation.--(1) The general superintendence and management of the affairs of a State Warehousing Corporation shall vest in a board of directors which shall consist of the following, namely:
xx (4) The board of directors shall act on business principles having regard to public interest and shall be guided by such instructions on questions of policy as may be given to them by the State Government or the Central Warehousing Corporation.
(5) If any doubt arises as to whether a question is or is not a question of policy, or, if the State Government and the Central Warehousing Corporation give conflicting instructions, the matter shall be referred to the Central Government whose decision thereon shall be final.
Xxxxxxxxxxxxx
23.(1) A State Warehousing Corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its function.
(2) Every person employed by a State Warehousing Corporation under this Act shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations made by the Corporation under this Act.
W.P.(C) No.25634/2018-D and 25762 of 2018-U :26: Xxxxxxxxxxxxx
42. (1) A Warehousing Corporation may with the previous sanction of the appropriate Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In Particular, and without prejudice to the generality of the foregoing power, such regulation may provide for:-
(a) the conditions of service of, and the remuneration payable to, the officers and other employees of a Warehousing Corporation;
xxx xxx xxx""
Thus as per Section 20, the Board of Directors have to act on the guidance of State Government on questions of policy.
Section 23 empowers the Corporation to make appointment of officers and employees and provides that their conditions of service as well as remuneration would be in accordance with the regulations to be made under the Act. Under Section 42, the regulations are to be made with the previous sanction of the appropriate Government, by notification in the official gazette. Appropriate Government would be State Government in respect of a State Warehousing Corporation. The Corporation has in exercise of its powers conferred under Section 42(1) of the Act, framed the Kerala State Warehousing Corporation Regulations 1963, with the previous sanction of the Government of Kerala. As per Clause 3(k) of the Regulations, executive committee is the appointing authority in respect of Class W.P.(C) No.25634/2018-D and 25762 of 2018-U :27: I, II and III employees of the Corporation. Clause 4 classifies the employees into class I, II, III and IV based on scale of pay. Under clause 5 of Chapter II, the Board of Directors shall determine the strength of the staff, both temporary and permanent, from time to time. Clause 6 provides as follows:
"6. Manner of appointment and promotion: (1) Appointment to various posts shall be made by promotion or by direct recruitment or by borrowing personnel from the State or Central Government or a Government institution in accordance with such terms and conditions as the Board of Directors may lay down from time to time. The Board of Directors may also appoint person on contract and the period, pay, etc. may be according to the terms of the contract.
Provided that the appointments to posts in class IV shall be made by the Managing Director, appointments to posts in Class I, Class II and Class III shall be made by executive committee.
(2) The appointing authority may appoint a sub committee or selection committee for drawing up a panel of names for the posts concerned for consideration of the appointing authority."
Chapter IV of the Regulations deals with pay and allowances. Clause 14 in that provides for the scale of pay for 13 posts and other 5 posts of construction staff. Sl. no.9 is Senior Assistant Manager; sl.no.10 is Deputy Manager/Deputy Manager(Accounts); Sl.no.11 is Joint Manager/Regional Manager/Laison Officer; sl.no.12 Manager/Finance Manager and sl.no.13 is Manager. Clause 14 further provides that the qualifications for different W.P.(C) No.25634/2018-D and 25762 of 2018-U :28: posts mentioned therein and that may be created from time to time shall be as laid down by the Board of Directors. Eventhough the Learned Additional Advocate General argued that under Section 42(2)(a) conditions of service of the staff under the respondents are to be prescribed by way of Regulations and that framing of regulations require previous sanction from the Government, the show cause notice or the final orders do not reflect such a contention for the respondents. The only reasons they stated are violation of (1) the resolution Ext.P19 which is already cancelled and (2) the direction of the Government while according sanction for implementation of pay revision. Eventhough in the show cause notice it was stated that modification of staff pattern rules requires sanction from the Government, in the final order of cancellation it was stated that because of the orders in Ext.R2(g) order, sanction was required from the Government to modify staff pattern rules. The petitioners in W.P.©.No.25634 of 2018 have in the representation stated that sanction from the Government is not required for modifying the staff rules. The respondents have no case in the show cause notice or the final order that modification of staff rules requires sanction from the Government on account of any provision in W.P.(C) No.25634/2018-D and 25762 of 2018-U :29: the Act or Regulations. For that reason, I am of the considered opinion that I need not go into the requirement if any, as per the provisions in the Act or Regulations.
15. From Ext.R2(a) minutes of the meeting held on 23.07.2014, it is seen that on account of the non- availability of qualified hands for promotion, the Board of Directors resolved to appoint a committee comprising of Chairman, Managing Director and a Director to study and report the feasibility of amending promotion rules in order to fill up the senior positions. The committee thereafter as per Ext.R2(b) proceedings dated 08.10.2014, stating that it discussed the matter regarding vacancies in higher posts, recommended as follows:
"(1) the post of Deputy Manager and Joint Manager/Regional Manager should be coupled as one post.
(2) proper selection process will be initiated for promoting Senior Assistant Managers after conducting an interview by assessing their capacity, nature of work done and appraisal report.
(3) those who have completed three years as Senior Managers will be considered for promotion.
This will be given only as a one time process. Probation for the promoted post will be a period of one year."
16. The Board of Directors in its meeting held on 27.12.2014, discussed the recommendation of that subcommittee and as per Ext.R2(c)/Ext.P7 minutes Board decided as follows;
W.P.(C) No.25634/2018-D and 25762 of 2018-U :30: "After detailed discussion Board decided to grant one time exemption from qualifying service for promotion to fill up vacant posts of Deputy Manager and Joint Manager from among Senior Assistant Managers having 3 years of service after assessing their suitability by conducting an interview. Deputy Manager post would be redesignated as Joint Manager Gr.II in the same scale of Deputy Manager. Persons promoted as Joint Manager will be given the scale of pay of Deputy Manager and after completion of one year they will be interviewed and suitable persons will be promoted as Joint Managers in the scale. No post is abolished and no post is created". An interview committee was also constituted and thereafter the executive committee met on 13.02.2015. In Ext.R2(e) minutes it is stated as follows:
"Executive committee discussed the promotion of Senior Assistant Managers to Joint Manager Gr II as per the 274th Board decision. Executive Committee accepted the rank list and approved for promotion to the candidates. As per Board decision and recommendation of the committee, it is decided to combine the vacancies of Joint Manager/Regional Manager and Deputy Manager to Joint Manager Gr II in the present scale of Deputy Manager (12250-340-1310- 380-16650-450-19800) as a one time arrangement and authorised Managing Director to promote the person as per the fresh seniority list based on interview. Executive Committee decided to issue individual promotion orders.xxx"
17. In Ext.R2(c)/Ext.P7, no decision is seen taken by the Board of Directors to combine the posts of Deputy Managers, Joint Managers and Regional Managers as Joint Manager Gr II. It is seen that decision was to re-designate the post of Deputy Managers as Joint Managers Gr.II. There was no decision to redesignate the post of Joint Managers W.P.(C) No.25634/2018-D and 25762 of 2018-U :31: as Joint Manager Gr.II. It was also decided to consider those who were promoted, for promotion as Joint Managers after one year. On the other hand, it is the Executive Committee in Ext.R2(e) decision which decided to combine the vacancies of Joint Manager/Regional Manager and Deputy Manager as Joint Manager Gr.II, referring to Board decision and recommendation of the committee.
18. However, the contention in the counter affidavit and arguments advanced on behalf of the respondents that the executive committee clubbed the posts and granted them promotions even in the absence of a decision of the Board and without authority is not seen stated in the show cause notice or the cancellation order.
19. However, in the show cause notice as well as in the cancellation order it is stated that promotion of 16 Senior Assistant Managers as Joint Managers Grade II based on the decision dated 13.02.2015 of the Executive Committee and the promotion of 13 such Joint Managers Gr.II after one year to the post of Joint Manager was to non-existent posts. It is relevant to note that as per the staff position stated by the respondents, as on 01.02.2015 there were 14 vacancies as against 15 posts of Joint Manager/Regional Manager and 5 vacancies of Deputy Managers W.P.(C) No.25634/2018-D and 25762 of 2018-U :32: as against 7 posts. The Executive Committee clubbed all the vacant posts in the two categories and re-designated it as Joint Manager Gr.II and filled up all those vacancies. If at all such promotions could be made to the combined and re-designated post of Joint Manager Gr.II, there will not be any vacancy for promotion as Joint Manager after one year, because the 14 out of the 15 posts of Joint Managers ceased to exist and there was only one post with an incumbent when clubbing/re-designation was made. Thereafter it would not be possible to make a further promotion after one year even if there was a decision by the Board. There cannot be a promotion without a post and a vacancy in the post of Joint Manager. Though the learned Counsel for the petitioners submitted that the promotion as Joint Managers was only an upgradation in pay, what was granted was promotion against vacancies. It is clear from Ext.P10 resolution of the Board in its meeting held on 22.12.2015 that the decision was to promote the Joint Manager Gr.II to the vacant posts of Joint Manager. Therefore, the said contention of the petitioners is not sustainable.
20. Though the learned Counsel for the petitioners raised the contentions that they were not heard before a decision was taken and that opportunity given to them was a W.P.(C) No.25634/2018-D and 25762 of 2018-U :33: post decisional hearing, in view of the decision to be taken in this Writ Petition it is not necessary to go into the question of denial of opportunity. At any rate, it is not necessary that in all cases a mouth to mouth hearing is required. An opportunity was already given to the petitioners.
21. In the result, the orders Exts.P22 to P25 in W.P. (C) No.25634 of 2018 and Exts.P16 and P19 in W.P.(C) No.25762 of 2018 shall stand set aside to the extent the promotion of the petitioners as Joint Manager Gr.II is cancelled. However, the promotion granted to the petitioners from the post of Joint Manager Gr.II as Joint Managers is illegal and stand cancelled.
The Writ Petitions are disposed of accordingly.
Sd/-
P.V.ASHA
Rtr/rkc JUDGE
WP(C).25634/2018&WP(C).25762/2018
34
APPENDIX OF WP(C) 25634/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE REGULATIONS OF KERALA STATE
WAREHOUSING CORPORATI0N PUBLISHED ON
18.06.1964 ALONG WITH AMENDMENTS
EXHIBIT P2 COPY OF THE ORDER
NO.KSWC/EST/EC/PROBATION/AM/2012-13 DATED
13.06.2012 OF THE 3RD RESPONDENT
EXHIBIT P3 COPY OF THE ORDER
NO.KSWC/EST/EC/PROBATION/SAM/2010-11 DATED 07.02.2011 RELATING TO PETITIONERS 1,2 AND 4 EXHIBIT P4 COPY OF THE ORDER NO.KSWC/EST/PROBATION/SAM/2011-12 DATED 21.07.2011 PROMOTING THE 3RD PETITIONER EXHIBIT P5 COPY OF THE ORDER DATED 09.10.2012 IN W.P. (C)NO.23454 OF 2012 OF THIS HON'BLE COURT EXHIBIT P6 COPY OF THE COUNTER AFFIDAVIT (WITHOUT EXHIBITS)DATED 07.11.2012 FILED BY THE CORPORATION IN W.P.(C)NO.23454/2012 EXHIBIT P7 COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE 274TH BOARD RESOLUTION HELD ON 27.12.2014 EXHIBIT P8 COPY OF THE EXTRACT OF THE MINUTES OF THE 213TH EXECUTIVE COMMITTEE MEETING HELD ON 13.02.2015 OF THE BOARD OF DIRECTORS.
EXHIBIT P9 COPY OF THE PROMOTION ORDER NO.KSWC/EST/PROBATION/JM II/PF/VHR/2014-15 DATED 20.02.2015 ISSUED IN FAVOUR OF THE 2ND PETITIONER.
EXHIBIT P10 COPY OF THE EXTRACT OF THE MINUTES OF 279TH BOARD RESOLUTION DATED 22.12.2015 EXHIBIT P11 COPY OF THE ORDER NO.KSWC/M.D.'S OFFICE/2016-17 DATED 23.06.2016 OF THE 3RD RESPONDENT EXHIBIT P12 COPY OF THE COUNTER AFFIDAVIT WITHOUT WP(C).25634/2018&WP(C).25762/2018 35 EXHIBITS DATED 13.05.2016 FILED BY THE RESPONDENTS 2 AND 3 IN W.P.(C)NO.10051/2015 EXHIBIT P13 COPY OF THE JUDGMENT DATED 27.11.2017 IN W.P(C)NO.23454/2012 OF THIS HON'BLE COURT EXHIBIT P14 COPY OF THE SHOW CAUSE NOTICE VIDE NO.NO.KSWC/ADMN/JM & JM GR.II/2018-19 DATED 19.04.2018 OF THE 3RD RESPONDENT EXHIBIT P15 COPY OF THE EXTRACT OF THE MINUTES OF 283RD BOARD MEETING HELD ON 19.O5.2O17 OF THE CORPORATION EXHIBIT P16 COPY OF THE REQUEST VIDE NO.KSWC/ADMN.3/G0VT/2017-18 DATED 07.07.2017 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P17 COPY OF THE DIRECTION VIDE NO.98/PU2/2017/AGRI.DATED 18.01.2018 OF THE 1ST RESPONDENT.
EXHIBIT P18 COPY OF THE EXTRACT OF THE MINUTES OF 290TH BOARD MEETING HELD ON 24.03.2018 OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P19 COPY OF THE EXTRACT OF THE MINUTES OF 233RD MEETING OF THE BOARD OF DIRECTORS OF CORPORATION HELD ON 15.09.2003 EXHIBIT P20 COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE RESOLUTION NO.2639 OF 247TH BOARD OF DIRECTORS MEETING ON THE CORPORATION HELD ON 17.01.2008.
EXHIBIT P21 COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT ON 07.05.2018 EXHIBIT P22 COPY OF THE ORDER VIDE NO.KSWC/ADMN/JM& JM GR.II/2018-19 DATED 26.07.2018 OF THE 3RD RESPONDENT EXHIBIT P23 COPY OFHE ORDER VIDE NO.KSWC/ADMN/JM&JM GR.II/2018-19 DATED 26.07.2018 OF THE 3RD RESPONDENT EXHIBIT P24 COPY OFHE ORDER VIDE NO.KSWC/ADMN/JM&JM GR.II/2018-19 DATED 26.07.2018 OF THE 3RD WP(C).25634/2018&WP(C).25762/2018 36 RESPONDENT EXHIBIT P25 COPY OFHE ORDER VIDE NO.KSWC/ADMN/JM&JM GR.II/2018-19 DATED 26.07.2018 OF THE 3RD RESPONDENT.
EXT.P26: COPY OF THE PAY SLIPS FOR THE 1ST PETITIONER FOR THE MONTH OF JULY AND AUGUST 2018 EXT.P27: COPY OF THE PAY SLIPS FOR THE 2ND PETITIONER FOR THE MONTH OF JULY AND AUGUST 2018 EXT.P28: COPY OF THE PAY SLIPS FOR THE 3RD PETITIONER FOR THE MONTH OF JULY AND AUGUST 2018 EXT.P29: COPY OF THE PAY SLIPS FOR THE 4TH PETITIONER FOR THE MONTH OF JULY AND AUGUST 2018.
RESPONDENTS' EXHIBITS EXT.R2A: TRUE COPY OF THE EXTRACT OF THE MINUTES OF 272TH BOARD MEETING DATED 23.7.14 EXT.R2B: TRUE COPY OF THE COMMITTEE MEETING DT.8.10.14 EXT.R2C: TRUE COPY OF THE EXTRACTS OF THE MINUTES OF THE 274TH BOARD MEETING DT.27.12.14 EXT.R2D: TRUE COPY OF THE STAFF POSITION OF THE KERALA STATE WAREHOUSING CORPORATION AS ON 1.2.15 EXT.R2E: TRUE COPY OF THE EXTRACT OF THE MINUTES OF 213 EXECUTIVE COMMITTEE MEETING HELD ON 13.2.15 EXT.R2F: TRUE COPY OF THE STAFF POSITION OF THE KERALA STATE WAREHOUSING CORPORATI0N AS ON 1.5.16 EXT.R2G: TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) NO.29/9/AD DATED 5.2.09 EXT.R2H: TRUE COPY OF THE LETTER NO.1138/PU2/09/AD DT.4.12.09 ISSUED BY THE SECRETARY TO THE GOVERNMENT TO THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATION EXT.R2I: TRUE COPY OF THE LETTER NO.98/PU2/2017/AGRI DT.18.1.18 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT TO THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATI0N EXT.R2J: TRUE COPY OF THE JUDGMENT IN WA NO.1918/2007 DT. 17.10.07 WP(C).25634/2018&WP(C).25762/2018 37 EXT.R2K: TRUE COPY OF THE JUDGMENT IN WA NO.1320/10 DT.26.8.13 WP(C).25634/2018&WP(C).25762/2018 38 APPENDIX OF WP(C) 25762/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF G.O(MS) NO.111/91/AD DATED 19.03.1991 ALONG WITH APPENDICES ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF CIRCULAR DATED 30.03.1991 ALONG WITH RULES FOR PROMOTION ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 233RD MEETING OF THE BOARD OF DIRECTORS HELD ON 15.09.2003.
EXHIBIT P4 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 247TH MEETING OF THE BOARD OF DIRECTORS HELD ON 17.01.2008.
EXHIBIT P5 TRUE COPY OF G.O(MS) NO.29/09/AD DATED 05.02.2009 ISSUED BY TEH 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 274TH MEETING OF THE BOARD OF DIRECTORS HELD ON 27.12.2014.
EXHIBIT P7 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 213TH MEETING OF THE EXECUTIVE COMMITTEE HELD ON 13.2.15 EXHIBIT P8 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 283RD MEETING OF THE BOARD OF DIRECTORS HELD ON 19.05.2017.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 07.07.2017 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 18.01.2018 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19.04.2018 ISSUED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT WP(C).25634/2018&WP(C).25762/2018 39 DATED 02.05.2018 EXHIBIT P13 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED 08.05.2018 EXHIBIT P14 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 3RD PETITIONER TO THE 3RD RESPONDENT DATED 07.05.2018.
EXHIBIT P15 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 4TH PETITIONER TO THE 3RD RESPONDENT DATED NIL.
EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.07.2018 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.07.2018 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.07.2018 ISSUED TO THE 3RD PETITIONER.
EXHIBIT P19 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.07.2018 ISSUED TO THE 4TH RESPONDENT.
EXT.P20: TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 272ND BOARD MEETING HELD ON 23.7.14 EXT.P21: TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 279TH BOARD MEETING HELD ON 22.12.15 RESPONDENTS' EXHIBITS EXT.R2A: TRUE COPY OF THE EXTRACT OF THE MINUTES OF 272TH BOARD MEETING DATED 23.7.14 EXT.R2B: TRUE COPY OF THE COMMITTEE MEETING DT.8.10.14 EXT.R2C: TRUE COPY OF THE EXTRACTS OF THE MINUTES OF THE 274TH BOARD MEETING DT.27.12.14 EXT.R2D: TRUE COPY OF THE STAFF POSITION OF THE KERALA STATE WAREHOUSING CORPORATION AS ON 1.2.15 EXT.R2E: TRUE COPY OF THE EXTRACT OF THE MINUTES OF 213 WP(C).25634/2018&WP(C).25762/2018 40 EXECUTIVE COMMITTEE MEETING HELD ON 13.2.15 EXT.R2F: TRUE COPY OF THE STAFF POSITION OF THE KERALA STATE WAREHOUSING CORPORATI0N AS ON 1.5.16 EXT.R2G: TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) NO.29/9/AD DATED 5.2.09 EXT.R2H: TRUE COPY OF THE LETTER NO.1138/PU2/09/AD DT.4.12.09 ISSUED BY THE SECRETARY TO THE GOVERNMENT TO THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATION EXT.R2I: TRUE COPY OF THE LETTER NO.98/PU2/2017/AGRI DT.18.1.18 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT TO THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATI0N EXT.R2J: TRUE COPY OF THE JUDGMENT IN WA NO.1918/2007 DT. 17.10.07 EXT.R2K: TRUE COPY OF THE JUDGMENT IN WA NO.1320/10 DT.26.8.13