Kerala High Court
Kishore A.W vs The Kerala Agricultural University on 7 October, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 11811 OF 2015
PETITIONER:
KISHORE A.W, AGED 49 YEARS, S/O.VASU,
SECTION OFFICER,KERALA AGRICULTURAL UNIVERSITY,
FINANCE WING,KERALA AGRICULTURAL UNIVERSITY PO,
VELLANIKKARA,THRISSUR DISTRICT,PIN 680 656
BY ADVS.
SRI.N.HARIDAS
SRI.ANTONY MATHEW
RESPONDENTS:
1 THE KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR,KERALA AGRICULTURAL
UNIVERSITY PO, VELLANIKKARA,THRISSUR DISTRICT,
PIN 680 656
2 THE STATE OF KERALA, REPRESENTED BY ITS CHIEF
SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 680 001
3 SMT.THANKAMMA.T.K, SECTION OFFICER,REGIONAL
AGRICULTURAL RESEARCH STATION, KUMRAKAM PO,
KOTTAYAM ,PIN 686 563
4 SMT.SHEELA.A.ATTOKARAN, SECTION OFFICER,KERALA
AGRICULTURAL UNIVERSITY,KERALA AGRICULTURAL
UNIVERSITY PO, VELLANIKKARA,THRISSUR DISTRICT,
PIN 680 656
5 ANNAMMA SCARIAH.P, PERUMBAYIL HOUSE, VETTIKKAL,
CANAL ROAD,MANNUTHY,THRISSUR DISTRICT,PIN 680 651.
6 SRI.M.A.MANI, SECTION OFFICER,EXAMINATION WING, KERALA
AGRICULTURAL UNIVERSITY,KERALA AGRICULTURAL UNIVERSITY
PO, VELLANIKKARA,THRISSUR DISTRICT,PIN 680 656
7 SRI.GOPI.C, SECTION OFFICER,KELAPAJI COLLEGE OF
AGRICULTURAL ENGINEERING AND TECHNOLOGY,THAVANOOR,
MALAPPURAM DISTRICT,PIN 679 573.
WPC 11811/15
2
8 SRI.P.A.GEORGE, PALLATHUSSERI HOUSE, EDAVANAKKAD
PO, ERNAKULAM DISTRICT,PIN 682 502.
9 SRI.SHAJIKUMAR.A.K, SECTION OFFICDER,INTERNAL
AUDIT CIRCLE,(SR),KERALA AGRICULTURAL
UNIVERSITY ,COLLEGE OF AGRICULTURE
VELLAYANI,THIRUVANANTHAPURAM,PIN 695 522.
10 SRI.HARINATH.K, SECTIONOFFICER(RETD.),KOTTAYIL
HOUSE, WEST NADA ,IRINJALAKKUDA,THRISSUR
DISTRICT,PIN 680 121.
11 SMT.P.A.SARASWATHY, PARANNUR HOUSE, PARANNUR PO,
CHOONDAL,THRISSUR,PIN 680 502.
12 SMT.LATHA.T.C, SUBHADA,L-88,LIC ROAD LANEC,
PATTOM,THIRUVANANTHPAURAM,PIN 695 004.
13 SRI.RAPHI.C.P, SECTION OFFICER,CENTRAL TRAINING
INSTITUTE,KERALA GRICULTURAL UNIVERSITY,MANNUTHY
PO, THRISSUR DISTRICT,PIN 680 651.
14 SMT.RAJESWARI.A, SECTION OFFICER,CENTRAL LIBRARY,
KERALA AGRICULTURAL UNIVERSITY PO, VELLANIKARA,
THRISSUR DISTRICT,PIN 680 656
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
SRI.M.V.ANANDAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 11811/15
3
JUDGMENT
The petitioner, who has now superannuated from the services of the Kerala Agricultural University, impugns the action of the said University in having promoted respondents 3 to 14, before he was given the said benefit; and asserts that this is illegal and unlawful because he was senior to them in the Feeder Category.
2. Sri.Antony Mathew - learned counsel for the petitioner, pointed out that Ext.P19 notification of the Government makes it clear that an out of turn promotion, as per the provisions of the Kerala State and Subordinate Service Rules ('KS & SSR' for short), could have been effected by the University only on satisfying three conditions, namely:
a) not involving change of duties;
b) against vacancies remaining unfilled; and
c) for want of test-qualified persons
He submitted that, as on the date when respondents 3 to 14 were promoted - namely 13.08.1990, his client had already been WPC 11811/15 4 Test-qualified with effect from 26.06.1990; and therefore, that the action in having superseded him for promotion was illegal and unlawful. He thus prayed that, either this Court set aside the promotions of respondents 3 to 14 above his client's position in the seniority list; or that he be directed to be granted the benefit of notional promotion with effect from the date on which they were given the said benefit.
3. Sri.M.V.Anandan - learned Standing Counsel for the University, submitted that the afore claim of the petitioner is untenable because the promotions of respondents 3 to 14 were effected on 13.08.1990; while the petitioner became Test-qualified only on 31.08.1990, when the results of the same were published. He submitted that, therefore, the petitioner cannot get the benefit of the afore provisions of the KS & SSR, when it is without doubt that he was not test-qualified on 13.08.1990. He thus prayed that this Writ Petition be dismissed.
4. Sri.Peter Jose Christo - learned counsel appearing for the party respondents, adopted the afore submissions of Sri.M.V.Anandan, saying that since the petitioner has no case that WPC 11811/15 5 his Test results were published earlier than 31.08.1990 - being much later than 13.08.1990, when the promotions to his clients were effected, he cannot claim the reliefs, as has been sought for in this Writ Petition. He also thus prayed that this Writ Petition be dismissed.
5. When I consider and evaluate the afore submissions, it is evident that the petitioner's claim is edificed on the assertion that he became Test-qualified on 26.06.1990, because he wrote the examination on 25.06.1990. He, however, admits that the results of the test were published only on 31.08.1990; but his argument, as I have already seen above, is that he should be deemed to have qualified the Test with effect from 26.06.1990, being the date after he wrote the examination.
6. I notice from the pleadings on record that the petitioner's contentions were never placed before the University, nor answered by them, at any point of time. It is also relevant that the petitioner has approached this Court in the year 2015, though the impugned promotions were as early as on 13.08.1990.
7. Be that as it may, the fact remains that it would not WPC 11811/15 6 be proper or prudent for this Court to answer the claim of the petitioner on its merits at its first instance, and it certainly should be done by the University, after hearing him.
8. I am persuaded to the afore view also because the petitioner and most of the party respondents appear to have retired from service; and, at the best, the relief that the former can now obtain is that he be given notional promotion with effect from 13.08.1990, being the date on which said respondents were offered the same. In other words, there cannot be any question, at this point of time, of disturbing the party respondents in any manner, particularly when most of them have superannuated.
In the afore circumstances, I direct the competent Authority of the University to hear the petitioner and decide upon his claim to the post of Assistant Grade I with effect from 13.08.1990, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Needless to say, if the University is to find that the petitioner was entitled to be promoted as Assistant Grade I with effect from 13.08.1990, then all necessary consequences shall WPC 11811/15 7 follow treating such promotion to be notional for the purpose of service and pensionary benefits, but without disturbing the party respondents consequent thereto.
This Writ Petition is thus ordered.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 11811/15
8
APPENDIX OF WP(C) 11811/2015
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE ORDER NO.GA/A2/2265/88 DATED 2/5/19898 OF THE IST RESPONDENT EXHIBIT P2 COPY OF THE ORDER NO.GA/A222936/91 DATED 26/10/1991 ISSUED BY THE IST RESPONDENT EXHIBIT P3 COPY OF THE CIRCULAR NO.G/A248735/91 DATED 29/2/2000 OF THE RESPONDENT EXHIBIT P4 COPY OF THE ORDER OF THE HON'BLE HIGH COURT IN WA NO.672/2001 DATED 18/11/2002 EXHIBIT P5 COPY OF THE NOTICE NO.GA/2/1939/2003 DATED 1/4/2003 ISSUED BY THE IST RESPONDENT EXHIBIT P6 COPY OF THE OBJECTON DATED 5/4/2003 FILED BEFORE THE IST RESPONDENT BY THE PETITIONER EXHIBIT P7 COPY OF THE REVISED SENIORITY LIST OF ASSISTANT PUBLISHED BY THE IST RESPONDENT ON 5/7/2003 EXHIBIT P8 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 31/10/203 EXHIBIT P9 COPY OF THE MODIFIED PROVISIONAL SENIORITY LIST OF ASSISTNTS PUBLISHED BY THE IST RESPONDENT AS PER ORDER NO.GA/A2/1939/2003 DATED 31/1/2004 EXHIBIT P10 COPY OF THE FINAL SENIORITRY OF ASSISTANTS AS ON 1/1/1986 PUBLISHED AS PER ORDER NO.GA/A2/1939/2003 DATED 17/6/2006 EXHIBIT P11 COPY OF ORDER NO.GA/A2/1939/2003 DATED 1/9/2006 REVIEWING THE PROMOTION OF ASSISTANTS EXHIBIT P12 COPY OF THE REPRESENTATION DATED 28/9/2006 SUBMITTED TO THE IST RESPONDENT BY THE PETITIONER EXHIBIT P13 COPY OF THE REPRESENTATION DATED 14/5/2008 SUBMITTED TO THE IST RESPONDENT BY THE PETITONER EXHIBIT P14 COPY OF THE ORDER DATED 11/6/2010 OF THE HON'BLE HIGH COURT IN WPC NO.30442/2003 EXHIBIT P15 COPY OF THE REPRESENTATION DATED 9/10/2010 SUBMITTED TO THE IST RESPONDENT BY THE PETITIONER EXHIBIT P16 COPY OF THE REPRESENTATION DATED 12/10/2012 SUBMITTED TO THE IST RESPONDENT BY THE PETITIONER EXHIBIT P17 COPY OF THE REPRESENTATION DATED 12/3/2010 SUBMITTED TRO THE IST RESPONDENT BY THE WPC 11811/15 9 PETITIONER EXHIBIT P18 COPY OF TE CIRCULAR MEMORANDUM NO.7850/RULES-1/88/P& ARD DATED 30/8/1989 ENDORSED AS PER GA/A2/42139/89 DATED 6/11/1989 OF THE IST RESPONDENT EXHIBIT P19 COPY OF THE TIME TABLE OF THE DEPARTMENTAL TEST CONDUCTED BY THE PUBLIC SERVICE COMMISSION PUBLISHED IN PART-1 B KERALA GAZETTE DTED 8/5/1990 EXHIBIT P20 COPY OF CIRCULAR MEMORANDUM NO.324/R1/2014/P & ARD DATED 10/3/2014 ISSUED BY THE PERSONNEL AND ADMINISTRATIVE REEFORMS DEPARTMENT OF THE 2ND RESPONDENT EXHIBIT P24 TRUE COPY OF THE SRO NO.542/93 DATED 3.3.1993 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P25 TRUE COPY OF THE SRO NO.543/93 DATED 3.3.1993 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P26 TRUE COPY OF THE NOTE NO.GA/A2/1939/03 DATED 6.2.2006 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P27 TRUE COPY OF THE NOTE FOR EXECUTIVE COMMITTEE VIDE ITEM NO.83/88 EXHIBIT P28 TRUE COPY OF HTE MINUTES OF THE 202ND MEETING OF THE EXECUTIVE COMMITTEE OF THE 1ST RESPONDENT.
EXHIBIT P29 TRUE COPY OF THE ORDER BEARING NO.GA/A2/1272/2017 DATED 20.2.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P30 TRUE COPY OF THE ORDER BEARING NO.GA/A1/16481/16 DATED 8.12.2016 ISSUED BY THE 1ST RESPONDENT RESPONDENTS' EXTS:
EXT.R1(A) TRUE COPY OF THE GOVERNMENT CIRCULAR NO.524/R1/2014/P&ARD DATED 10.3.2014.