Kerala High Court
K.N.Shini vs The National Institute Of Fisheries ... on 2 March, 2020
Bench: K.Vinod Chandran, P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
OP (CAT).No.125 OF 2015(Z)
AGAINST THE ORDER IN OA 977/2013 DATED 23-06-2015 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
K.N.SHINI
AGED 33 YEARS
W/O. SUJITH KUMAR K.S., KALATHIPARAMBIL HOUSE,
NJARAKKAL P.O., VALAKKADAVU, ERNAKULAM DISTRICT-
682505.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
RESPONDENTS:
1 THE NATIONAL INSTITUTE OF FISHERIES POST HARVEST
TECHNOLOGY & TRAINING REPRESENTED BY ITS DIRECTOR,
FORE SHORE ROAD, KOCHI-682016.
2 THE EMPLOYMENT EXCHANGE
NORTH PARAVUR-683513, REPRESENTED BY THE EMPLOYMENT
OFFICER.
3 SOVIMON V.
S/O. VIJAYAPPAN PILLAI, VEMBANEZHATHU HOUSE,
POILASSERY BHAGOM, VAIKOM POST, KOTTAYAM-686141.
4 VIPIN K.S.
S/O. SHANMUGHAN, KAROLIL HOUSE, P.O.VEMBALLOOR,
S.N.PURAM, KODUNGALLUR, THRISSUR DISTRICT.
5 SEENA O.S.
D/O. LATE SIVARAMAN, ODASSERIL HOUSE, MALINKARA P.O.,
ERNAKULAM-683516.
O.P.(CAT) No. 125 of 2015 2
6 RAJESH P.K.
S/O. V.KUTTAPPAN, PUNNAKKATTU PARAMBIL HOUSE,
PALLILAMKARA, KALAMASSERY P.O., ERNAKULAM-683503.
7 DR. M.K.VENU
MADATHEDATHU HOUSE, NERAVATHU ROAD, KUNDANOOR,
MARADU, KOCHI-682304, WORKING AS CONSULTANT, THE
NATIONAL INSTITUTE OF FISHERIES POST HARVEST
TECHNOLOGY AND TRAINING.
R1 BY ASSISTANT SOLICITOR GENERAL
R1 BY SRI.T.V.VINU, CGC
R3 BY ADV. DR.K.P.SATHEESAN (SR.)
R3 BY ADV. SRI.ANOOP.V.NAIR
R3 BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
R3 BY ADV. SRI.S.VIBHEESHANAN
R3 BY ADV. SRI.R.SREEHARI
R3 BY ADV. SRI.SACHIN VYAS
R4, R7 BY ADV. SRI.M.A.SHAFIK
R5 BY ADV. SRI.E.NARAYANAN
R6 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
OTHER PRESENT:
SR.GP SRI.P.N.SANTHOSH
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 02.03.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CAT) No. 125 of 2015 3
JUDGMENT
Vinod Chandran, J.
The petitioner is aggrieved with the selection conducted to the post of Fish Processing Workers Grade-III which was notified as per Annexure A5. Admittedly, the first respondent Organization had sought for requisition from the Employment Exchange for appointment to that particular post. The Employment Exchange responded saying that they have no qualified hands. The first respondent hence published Annexure A5 notification. There was also relaxation granted of five years in so far as the eligible age, for SC/ST candidates and three years for O.B.C. candidates. The petitioner admittedly is an O.B.C. candidate.
2. The petitioner before the Tribunal contended that one of the six posts had to be reserved for O.B.C. The first respondent contended therein that as per the post wise reservation, all the six posts were unreserved posts. The Tribunal hence refused to consider the claim. The Tribunal also found that the petitioner having applied under an unreserved vacancy was not eligible for the relaxation of an O.B.C. We hold that the said finding cannot be upheld especially looking at the notification which permitted three O.P.(CAT) No. 125 of 2015 4 years relaxation for O.B.C. candidates even though the selection was to unreserved vacancies.
3. The petitioner then submits that the third respondent did not have a valid qualification. To substantiate the above contention, the learned counsel for the petitioner points to Annexure R3(e) certificate produced by the third respondent and Annexure A12 produced by the petitioner by way of reply. It is the submission that in the very same period, the third respondent is said to have been working in two different posts. On a reading of Annexure R3(e), the Society had certified that the third respondent was working on contract basis as Fish Processing Worker while in Annexure A12 he is said to have been working on contract basis as Processing/Marketing cum Quality Assurance Supervisor.
4. Annexure-A5 notification specifically prescribed experience in freezing and canning plant. Annexure R3(e) certificate is with respect to the specific work experience the third respondent had and Annexure A12 with respect to the designation of the third respondent. We do not find any anomaly in the certificates to set aside the appointment granted to the third respondent.
5. One another contention raised is of the seventh O.P.(CAT) No. 125 of 2015 5 respondent who is the consultant of the first respondent having counter signed and attested Annexure R3(e). The learned Central Government Standing Counsel appearing for the first respondent submits that in fact the first respondent sources people from the Societies for the purpose of casual labour and these Societies are registered under the Apex body 'the Matsyafed'. In fact, the payments made to the contract workers of the society was by the first respondent and hence the 7th respondent had counter signed the certificate, is the submission. We do not find any reason to interfere with the selection carried out and in such circumstance though we do not agree with the findings of the Tribunal that the petitioner was not qualified to apply, we do not think that the Original Application can be entertained. Hence, the Original Petition is dismissed and so is the Original Application. No order as to costs.
Sd/-
K.VINOD CHANDRAN, JUDGE Sd/-
pkk P.V. KUNHIKRISHNAN, JUDGE
O.P.(CAT) No. 125 of 2015 6
APPENDIX
PETITIONER'S EXHIBITS & ANNEXURES:
EXHIBIT P1 EXHIBIT P1- TRUE COPY OF THE ORIGINAL APPLICATION NO. 977 OF 2013.
EXHIBIT P2 EXHIBIT P2- TRUE COPY OF REPLY STATMENT FILED BY 1ST RESPONDENT.
EXHIBIT P3 EXHIBIT P3- TRUE COPY OF REPLY STATEMENT FILED BY 2ND RESPONDENT.
EXHIBIT P4 EXHIBIT P4- TRUE COPY OF REPLY STATEMENT FILED BY RESPONDENTS 3 TO 6.
EXHIBIT P5 EXHIBIT P5- TRUE COPY OF REPLY STATEMENT FILED BY 4TH RESPONDENT.
EXHIBIT P6 EXHIBIT P6- TRUE COPY OF ADDITIONAL REPLY STATMENT FILED BY THE 1ST RESPONDENT.
EXHIBIT P7 EXHIBIT P7- TRUE COPY OF REJOINDER FILED BY THE PETITIONERS TO THE REPLY STATEMENT FILED BY RESPONDENTS 3 TO 6.
EXHIBIT P8 EXHIBIT P8- TRUE COPY OF APPLICATION FOR ACCEPT THE DOCUMENTS SUBMITTED BEFORE THE TRIBUNAL OBTAINED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P9 TRUE COPY OF APPLICATION FOR ACCEPT THE DOCUMENTS SUBMITTED BEFORE THE TRIBUNAL OBTAINED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P10 CERTIFIED COPY OF ORDER DATED 23.06.2015 IN OA NO. 977 OF 2013.
ANNEXURE A1 TRUE COPY OF THE REQUISITION DATED 04.02.2012 SENT BY THE IST RESPONDENT TO THE 2ND RESPONDENT.
ANNEXURE A2 A TRUE COPY OF THE NOTIFICATION DATED 29.94.2012 PUBLISHED BY THE 2ND RESPONDENT IN MATHRUBHUMI DATED 29.04.2012 ALONG WITH ITS TRUE ENGLISH TRANSLATION.O.P.(CAT) No. 125 of 2015 7
ANNEXURE A3 A TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE APPLICANT.
ANNEXURE A4 A TRUE COPY OF THE EXPERIENCE CERTIFICATE EVIDENCING THAT THE APPLIANT HAS 5 YEARS EXPERIENCE AS FISH AND PAWN PROCESSOR FROM 15.01.2007 TO 30.04.2012.
ANNEXURE A5 A TRUE COPY OF THE NOTIFICATION DATED 16.11.2012, ISSUED BY THE IST RESPONDENT PUBLISHED IN MATHRUBHUMI DAILY DATED 28.11.2012.
ANNEXURE A6 A TRUE COPY OF THE ENQUIRY DATED 25.07.2013 SUBMITTED ON BEHALF OF THE APPLICANT ALONG WITH ITS TRUE ENGLISH TRANSLATION AND ITS REPLY DATED 23.08.2013 RECEIVED UNDER THE RTI ACT.
ANNEXURE A7 A TRUE COPY OF THE REPRESENTATION DATED 28.05.2013 SUBMITTED BY THE APPLICANT BEFORE THE IST RESPONDENT.
ANNEXURE R1 TRUE COPY OF LETTER NO.C1-12/177 DATED 02.06.2012.
ANNEXURE R2 TRUE COPY OF RECOMMENDATIONS OF THE COMMITTEE.
ANNEXURE R3. TRUE COPY OF ORDER NO.A1/2-17/2010 DATED 15.6.2013.
ANNEXURE R2(A) TRUE COPY OF X16 FORM, (THE FORM USED TO CIRCULATE VACANCIES AMONG EMPLOYMENT EXCHANGES) ANNEXURE R2(B) TRUE COPY OF OFFICE LETTER EEM NO.1/96/2/11.72 BY THE DIRECTORATE OF GENERAL EMPLOYMENT AND TRAINING NEW DELHI DATED 21.08.1986.
ANNEXURE R2(C). TRUE COPY OF COMMUNICATION LETTER NO.
EEM 1/2000.
ANNEXURE R3(A) TRUE COPY OF THE ORDER NO.A1/2- 2011/3676 DATED 10.10.2013 ISSUED BY THE IST RESPONDENT.
ANNEXURE R3(B) TRUE COPY OF THE ORDER NO.A1/2- 20/2011/3702 DATED 17.10.2013 ISSUED BY THE IST RESPONDENT.
O.P.(CAT) No. 125 of 2015 8ANNEXURER3(c) TRUE COPY OF THE ORDER NO.A1/2- 20/2011/3704 DATED 17.10.2013 ISSUED BY THE IST RESPONDENT.
ANNEXURE R3(d) TRUE COPY OF THE ORDER NO.A1/2- 20-/2011/3703 DATED 17.10.2013 ISSUED BY THE IST RESPONDENT.
ANNEXURE R3(e) TRUE COPY OF THE CERTIFICATE DATED 8.11.2012 ISSUED BY THE SECRETARY, MANASSERY FISHERMEN DEVELOPMENT AND WELFARE CORPORATION SOCIETY LTD, NO.DF(E)96/92, MUNDAMVELI TO THE 3RD RESPONDENT.
ANNEXURE R3(F) TRUE COPY OF THE CERTIFICATE DATED 29- 10-2007 ISSUED BY THE INTEGRATED FISHERIES PROJECT, KOCHI TO THE 4TH RESPONDENT.
ANNEXURE R3(G) TRUE COPY OF THE CERTIFICATE DATED 15.4.2009 ISSUED BY THE SECRETARY, MANASSERY FISHERMEN DEVELOPMENT AND WELFARE CORPORATION SOCIETY LTD NO.DF(E) 96/92, MUNDAMVELI TO THE 4TH RESPONDENT.
ANNEXURE R3(h) TRUE COPY OF THE CERTIFICATE DATED 14.12.2012 ISSUED BY THE SECRETARY, MANASSERY FISHERMEN DEVELOPMENT AND WELFARE CORPORATION SOCIETY LTD NO. DF(E)96/92, MUNDAMVELI TO THE 4TH RESPONDENT.
ANNEXURE R3(i) TRUE COPY OF THE CERTIFICATE DATED 31.3.2008 ISSUED BY THE RABIA SEA FOOD, PALLURUTHY TO THE 5TH RESPONDENT.
ANNEXURE R3(j) TRUE COPY OF THE CERTIFICATE DATED 30.11.2012 ISSUED BY ABAD FISHERIES PVT. LTD. TO THE 5TH RESPONDENT.
ANNEXURE R3(k) TRUE COPY OF THE CERTIFICATE DATED 5.12.2012 ISSUED BY THE SECRETARY, MANASSERY FISHERMEN DEVELOPMENT AND WELFARE CORPORATION SOCIETY LTD NO. DF (E) 96/92, MUNDAMVELI TO THE 6TH RESPONDENT.
ANNEXURE R4(a) TRUE COPY OF THE CERTIFICATE DATED O.P.(CAT) No. 125 of 2015 9 29.10.2007 ISSUED BY THE IST RESPONDENT.
ANNEXURE R4(b) TRUE COPY OF THE LETTER NO.F.36-14/96- TS IV DATED 6.5.1997 OF THE DEPARTMENT OF EDUCATION, MINISTRY OF HRD, GOVERNMENT OF INDIA.
ANNEXURE R4(c) TRUE COPY OF THE CERTIFICATE DATED 15.4.2009 ISSUED BY THE MANASSERY FISHERMEN DEVELOPMENT WELFARE CO- OPERATIVE SOCIETY ISSUED BY THE 2ND RESPONDENT.
ANNEXURE R4(d) TRUE COPY OF THE LETTER NO.NAIP/CMFRI/RECRUITMENT DATED 8.6.2009 ISSUED BY THE IST RESPONDENT.
ANNEXURE R4(e) TRUE COPY OF THE RELEVANT EXTRACT OF THE ANNUAL REPORT OF THE IST RESPONDENT INSTITUTE.
ANNEXURE R4(f) TRUE COPY OF THE CERTIFICATE DATED 19.10.2013 ISSUED BY THE MANASSERY FISHERMEN DEVELOPMENT WELFARE CO- OPERATIVE SOCIETY.
ANNEXURE R4(g) TRUE COPY OF THE OFFICE ORDER NO.A1/2- 20/2011/3702 DATED 17.10.2013 ISSUED BY THE IST RESPONDENT.
ANNEXURE R4(h) TRUE COPY OF THE QUERY UNDER RTI DATED 29.3.2014 MADE BY THE FATHER OF THE APPLICANT.
ANNEXURE R4(i) TRUE COPY OF THE REPLY DATED 2.4.2014 ISSUED BY THE MANASSERY FISHERMAN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY.
ANNEXURE A8 TRUE COPY OF THE QUERY PUT UNDER THE RIGHT TO INFORMATION ACT REGARDING THE WORKERS IN NAIP ALONG WITH ITS ENGLISH TRANSLATION AND ITS REPLY.
ANNEXURE A9 SOME OF THE CERTIFICATES PRODUCED FOR GETTING APPOINTMENT IN NIFAT BY THE CANDIDATES, BY WHICH THEY WERE GIVEN APPOINTMENT IN NIFAT.
ANNEXURE A10 A TRUE COPY OF THE ENQUIRY DATED 27.12.2013 SUBMITTED ON BEHALF OF THE O.P.(CAT) No. 125 of 2015 10 APPLICANT AND ITS REPLY DATED 18.1.2014 ALONG WITH ITS TRUE ENGLISH TRANSLATION.
ANNEXURE A 11. A TRUE COPY OF THE ENQUIRY DATED 28.1.2014 SUBMITTED ON BEHALF OF THE APPLICANT AND ITS REPLY DATED 19.2.2014 ALONG WITH ITS TRUE ENGLISH TRANSLATION.
ANNEXURE A 12 A TRUE COPY OF THE CERTIFICATE DATED 13.2.2012 ISSUED BY THE 7TH RESPONDENT SOCIETY CERTIFYING THAT, THE 3RD RESPONDENT IS HAVING EXPERIENCE AS PROCESSING/MARKETING-CUM-QUALITY ASSURANCE SUPERVISOR.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF NON-AVAILIABLITY CERTIFICATE ISSUED BY NATIONAL EMPLOYMENT SERVICE (KERALA) DATED 02.06.2012.
EXHIBIT R1(B) TRUE COPY OF LETTER OF RECOMMENDATIONS OF THE COMMITTEE.
EXHIBIT R1(C) TRUE COPY OF THE ORDER DATED 04.07.2013.