Kerala High Court
S.Sajeev vs The Kerala Khadi And Village Industries ... on 19 May, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 19TH DAY OF MAY 2020 / 29TH VAISAKHA, 1942
WP(C).No.3535 OF 2016(N)
PETITIONER:
S.SAJEEV
AGED 48 YEARS
S/O. SIVADAS, BEE KEEPING FIELD MAN,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
DOWN HILL, MALAPPURAM, NOW RESIDING AT THACHAPARAMBIL
HOUSE, VADAKKUMPURAM P.O., VALANCHERRY VIA,
MALAPPURAM DISTRICT.
BY ADV. SRI.K.P.HARISH
RESPONDENTS:
1 THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD
VANCHIYOOR P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY - 695 024.
2 THE SECRETARY
KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 024.
BY SRI.M.SHARAFUDHEEN, SC
BY ADV.SRI.N.RAJAGOPALAN NAIR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3535 OF 2016(N)
2
J U D G M E N T
The petitioner, who has has been working as Bee Keeping Field Man in the Kerala Khadi and Village Industries Board, is aggrieved by the denial of promotion as Oil Inspector.
2. Petitioner commenced his service under the 1st respondent as Bee Keeping Field Man on 14.02.1996. He claims that on the basis of circular issued in the year 1999 calling for willingness from among Bee Keeping Field Man for undergoing training in Village Oil Industry, he had submitted his willingness as evident from Exts.P3 and P4 proceedings. Thereafter he was deputed for training in the year 2004, along with one Karunakaran, in Village Oil Industry conducted by Dr.B.R.Ambedkar Institution of Rural Technology and Management, Khadi and Village Industries Commission during June to August 2004. Petitioner claims that after successful completion of training, as evident from Ext.P6 certificate, he had WP(C).No.3535 OF 2016(N) 3 submitted Ext.P7 representation on 07.12.2004 before the Khadi Board requesting for promotion as Oil Inspector.
3. Whileso the Recruitment Rules were amended taking away the post of Bee Keeping Field Man from the feeder category for appointment as Oil Inspector. The petitioner thereafter approached this Court in W.P.(C).No.5967 of 2007 pointing out inaction on his request and this Court by Ext.P9 judgment dated 29.01.2010 disposed of the writ petition with a direction to the first respondent to consider his grievance. Thereafter the Khadi Board as per Ext.P10 order dated 25.06.2010 informed the petitioner that he was not eligible for appointment to the post of Oil Inspector in accordance with the Special Rules issued in 2006. A subsequent representation Ext.P13 was also rejected in similar lines as per Ext.P14 order. Petitioner challenges Ext.P14 order and claims promotion in accordance with CCR 1985. Petitioner claims that as per the staff pattern approved as per WP(C).No.3535 OF 2016(N) 4 Ext.P11 proceedings dated 23.06.2007 there are 7 posts of Village Oil Inspectors and therefore he was entitled to be appointed to one of such posts in accordance with the rules existed when he became qualified after successfully undergoing the training in 2004. Petitioner has also pointed out that Shri V.V.Karunakaran, who was deputed along with him for training, was already appointed as Oil Inspector even before the amendment was effected to CCR. According to petitioner he was deputed for training only because there was a vacancy of Oil Inspector. Further grievance of the petitioner is that he has been working in the very same post of Bee Keeping Fieldman eversince his appointment in the year 1996, without any promotion. He claims that he is entitled to be promoted as Oil Inspector in accordance with the regulations which existed at the time when he got qualified on completion of the training.
4. Respondents have filed a counter affidavit stating that the appointment to the post of Oil WP(C).No.3535 OF 2016(N) 5 Inspector was governed by the Kerala Khadi and Village Industries Board (Classification and Conditions of the Recruitment of Staff) Regulations (CCR for short), 1985 and it was superseded by CCR 2006. It is stated that as per 1985 CCR the method appointment to the post of Oil Inspector was by promotion from the category of Charge Man Village Oil Industry and Mechanic Village Oil Industry and in the absence of qualified hands for promotion, by appointment by transfer from the categories of Bee Keeping Field Man. The further qualification required for appointment by transfer for Bee Keeping Field Man was pass in SSLC or equivalent examination and successful completion of Training in Village Oil Industry in an institution recognized by the Khadi and Village Industries Commission for conducting such training and pass in General Test on Khadi and Village Industries conducted by the Kerala Khadi and Village Industries Board and pass in General Test on Co-operation conducted by the Khadi and Village WP(C).No.3535 OF 2016(N) 6 Industries Board. However when the recruitment rules were modified and CCR 2006 came into force the method of appointment to the post of Village Oil Inspector is by promotion from the category of Mechanic (Village Oil Industry) and Charge Man (Village Oil Industry) and in their absence by direct recruitment through Kerala Public Service Commission. There is no avenue for promotion/appointment from among Bee Keeping Field Man. It is further stated that there is a proposal for amendment of the rules and the same is under active consideration. As at present petitioner is not eligible for appointment.
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
6. The qualification, method of appointment, etc., to various posts in the first respondent Board were governed by the Kerala Khadi and Village Industries Board (Classification and Conditions of the Recruitment of Staff) Regulations, ('CCR') 1967. WP(C).No.3535 OF 2016(N) 7 As per those CCR, as amended in 1985 one of the methods of appointment to the post of Oil Inspector was by appointment by transfer of Bee Keeping Fieldman, in the absence of qualified hands for promotion. Promotion was being made from the category of Charge Man (Village Oil Industry) and Mechanic (Village Oil Industry). The qualification and method of appointment to the post of Oil Inspector which is categorised at Sl.No.56 in Ext.P2 CCR, 1985 was the following:
Oil 1 Promotion from the category 1 Pass in S.S.L.C or Inspectors of chargemen Village Oil equivalent examination Industry and Mechanic 2 Successful completion of Village Oil Industry Training in Village Oil Industry in an institution recognized by the Khadi and Village Industries Commission for conducting such training. (Minimum 3 years service in Feeder category) 3 Pass in General Test on Khadi and Village Industries conducted by the Kerala Khadi & Village Industries Board.
4 Pass in General Test on co-operation conducted by the Khadi & Village Industries Board.
In the absence of qualified 1 Pass in S.S.L.C or WP(C).No.3535 OF 2016(N) 8 hands for promotion, equivalent examination appointment by transfer from 2 Successful completion of the categories of bee-
Training in Village Oil
keeping fieldman
Industry from an
institution recognized
by the Khadi and Village
Industries Commission
for conducting such
tranining
3 A pass in General Test
on Khadi and Village
Industries conducted by
the Kerala Khadi &
Village Industries
Board.
4 Pass in General Test on
co-operation conducted
by the Kerala Khadi &
Village Industries
Board.
2 In the absence of qualified 1 Pass in S.S.L.C or
hands for equivalent examination
promotion/appointment by
transfer, direct recruitment by the Kerala Public Service Commission 2 Successful completion of Training in Village Oil Industry from an institution recognized by the Khadi and Village Industries Commission for conducting such training. (Minimum 3 years service in feeder category).
Candidates appointed by direct recruitment shall pass the following tests during the period of probation
(i) General Test on Khadi and Village Industries conducted by the Kerala Khadi & Village Industries Board.
(ii)General Test on co-
WP(C).No.3535 OF 2016(N) 9 operation conducted by the Khadi & Village Industries Board.
7. When CCR 2006 (Ext.P8) were issued, the nomenclature of the post is changed as Village Oil Inspector, at Sl. No.55 and the qualification and method of appointment to the post are the following:
Village Oil a Promotion from the For Inspector category of Mechanic (a) (Village Oil Industry) 1 A Pass in S.S.L.C or and Charge Man equivalent examination (Village Oil Industry) recognized by the Government of Kerala 2 Certificate showing successful completion of Supervisory Training in Village Oil Industries recognised by Khadi & Village Industires Commission b In the absence of (a) For direct recruitment by (b) the Kerala Public 1 Degree in any science Service Commission subject of a recognized University 2 Cerificate showing successful completion of Supervisory Training in Village Oil Industry recognized by the Khadi and Village Industries Commission
8. Thus the post of Bee Keeping Field Man is WP(C).No.3535 OF 2016(N) 10 not included in the feeder category for appointment as Village Oil Inspector. It is seen that on the basis of willingness called for from among Bee Keeping Field Man in the year 1999, the petitioner and one Karunakaran, who is admittedly senior to him was sent for training in village Oil Industry for a period of two months in the year 2004 and thus Shri V.V.Karunakaran as well as the petitioner became fully qualified for appointment as Oil Inspector. It is seen that Shri V.V.Karunakaran who underwent training along with petitioner, was appointed as Oil Inspector in accordance with the rules which existed prior to the issuance of CCR in 2006. There is no dispute in respect of the eligibility of petitioner for appointment as Oil Inspector after he completed the training in August 2004, under 1985 CCR.
9. There is no material to show that further vacancies of Oil Inspector were available when Shri V.V.Karunakaran was appointed or that there was any requirement to fill up such vacancy. At any rate WP(C).No.3535 OF 2016(N) 11 neither the petitioner nor the respondents have a case that any such vacancy was filled up after petitioner acquired qualification before 2006 CCR was issued. Though petitioner has stated that he submitted Ext.P7 representation requesting for appointment in 2004 itself, he does not have a case that he was overlooked or that any of juniors or unqualified hands were appointed. Admittedly under Ext.P8 Regulation 2006, Bee Keeping Field Man ceased to be in the feeder category. In the absence of any statutory requirement to fill up the vacancy of Oil Inspector under the 1967 CCR as amended in 1985, petitioner cannot have any right to insist or claim appointment on the basis of the rules existed prior to the amendment. Even though petitioner has stated that there were 7 posts of Oil Inspectors as per the Staff pattern, there is no material to show that there were vacancies which the respondents were liable to keep filled. Hence I find that petitioner cannot have any right to insist that he is entitled WP(C).No.3535 OF 2016(N) 12 to be considered for appointment as Oil Inspector in accordance with the CCR in force prior to 2006, if at all there was any vacancy in existence . In case the employer did not want to fill up any vacancy, this Court would not, under Article 226, direct the respondent to fill up the vacancies. It cannot also be directed that such vacancies should be filled up in accordance with rules which existed when the petitioner acquired the qualification, in the light of the judgments of the Apex Court in Deepthi Agarwal v Union of India [(2011) 6 SCC 725], D.Raghu &others V R.Basaveswarudu & others [2020(2) Supreme Today 347], etc. Therefore I am of the view that Ext.P14 communication does not warrant interference.
10. However it is unfortunate that no promotional avenue is provided to the Bee Keeping Fieldmen like petitioner and that the available upward avenue in their service career is taken away by way of the 2006 CCR, on account of which petitioner is compelled to continue in the very same WP(C).No.3535 OF 2016(N) 13 post since he joined the respondents in the year 1996. As held by the Apex Court in the judgments in Food Corporation of India v. Parashotam Das Bansal [(2008) 5 SCC 100], O.Z. Hussain (Dr) (Ms) v. Union of India [AIR 1990 SC 311], Council of Scientific and Industrial Research v. K.G.S. Bhatt [(1989) 4 SCC 635],etc., absence of sufficient avenues of promotion and stagnation in a post will give rise to discontentment and inefficiency among the employees. Therefore in order to extract the maximum output from the employees, their morale has to be boosted by providing them avenues of promotion which will result in improvement in the quality and standard of service. The respondents have to consider these aspects seriously.
11. The respondents have stated that amendment of rules is under active consideration. In case the petitioner is eligible for promotion in accordance with rules on such amendment, the case of the petitioner shall be considered in accordance with WP(C).No.3535 OF 2016(N) 14 such rules.
The writ petition is dismissed with the above observations.
Sd/-
P.V.ASHA, JUDGE AS WP(C).No.3535 OF 2016(N) 15 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS NO.
KB/10918/90/E1 DT. 06.2.1996 OF THE 1ST RESPONDENT BOARD.
EXHIBIT P2 THE TRUE COPY OF THE RELEVANT EXTRACT OF THE ERSTWHILE STAFF REGULATION KNOWN AS KERALA KHADI AND VILLAGE INDUSTRIES BOARD (CLASSIFICATION AND CONDITION OF RECRUITMENT OF STAFFS) REGULATION 1967 AS AMENDED ON 29.6.1985.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION NO.
KB 10628/90/E1 DT. 13.4.1999.
EXHIBIT P4 A TRUE COPY OF THE RECOMMENDATION LETTER NO. B/320/98/EST. DT.
02.1.1999 SENT BY THE PROJECT OFFICER TO THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD.
EXHIBIT P5 A TRUE COPY OF THE ORDER NO. KB 2863/04/E1(B) DT 02.6.2004 DEPUTING THE PETITIONER FOR TOW MONTHS TRAINING IN VILLAGE OIL INDUSTRY CONDUCTED BY DR.B.R.AMBEDKAR INSTITUTE OF RURAL TECHNOLOGY AND MANAGEMENT, KHADI AND VILLAGE INDUSTRIES COMMISSION.
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY KHADI AND VILLAGE INDUSTRIES COMMISSION.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DT.
07.12.2004.
EXHIBIT P8 A TRUE COPY OF THE RELEVANT EXTRACTS OF THE NEW REGULATION (C.C.R 2006). EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DT.
29.1.2010 IN WPC NO. 5967/2007 OF THIS HON'BLE COURT.
WP(C).No.3535 OF 2016(N) 16 EXHIBIT P10 A TRUE COPY OF THE MEMO DT. 25.6.2010 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P11 THE TRUE COPY OF THE THEN EXISTING STAFF PATTERN APPROVED BY THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD IN ITS MEETING HELD ON 30.5.2007 (RESOLUTION NO.012) AS APPROVED BY THE BOARD IN PROCEEDINGS NO.
KB6412/07/E1(B) DT. 23.6.2007.
EXHIBIT P12 A TRUE COPY OF THE APPLICATION DT.
18.5.2009 FILED BY THE PETITIONER THROUGH HIS FRIEND UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION NO. KB 322/2009/E8/RTI DT. 15.7.2009 OF THE PUBLIC INFORMATION OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES BOARD. EXHIBIT P13 A TRUE COPY OF THE REPRESENTATION DT.
25.3.2015 SUBMITTED BEFORE THE 2ND RESPONDENT SECRETARY.
EXHIBIT P14 TRUE COPY OF THE MEMO KB NO.
5640/2015 E1(A) DT. 04.9.2015 OF THE 2ND RESPONDENT SECRETARY.