IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 24551 OF 2018
PETITIONER:
SATHEESH KUMAR.K.S
AGED 46 YEARS, S/O.KRISHNANKUTTY,
SATHI VIHAR, AVANAKUZHI, THANNIMOODU PO,
THIRUVANANTHAPURAM DISTRICT - 695 123.
BY ADVS.
SRI.V.PHILIP MATHEWS
SMT.V.ASWATHY ALEXANDER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY
DEPARTMENT OF POWER,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 AGENCY FOR NON -CONVENTIONAL ENERGY AND RURAL
TECHNOLOGY (ANERT),
ANERT HEAD QUARTERS, PMG LAW COLLEGE ROAD,
VIKAS BHAVAN, PO, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS DIRECTOR
W.P.(C)No.24551 of 2018
2
4 R.HARIKUMAR,
DIRECTOR, AGENCY FOR NON- CONVENTIONAL
ENERGY AND RURAL TECHNOLOGY (ANERT),
ANERT HEAD QUARTERS, PMG-LAW COLLEGE ROAD,
VIKAS BHAVAN, PO, THIRUVANANTHAPURAM - 695 033,
REPRESENTED BY ITS DIRECTOR.
BY ADVS.
SRI.V.TEKCHAND, SR. G.P.
SRI.T.R.HARIKUMAR
SRI.ANOOP.V.NAIR
SRI.ARJUN RAGHAVAN
ADDL.ADVOCATE GENERAL
SRI.M.S.SANDEEP SUDHAKARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.24551 of 2018
3
JUDGMENT
Dated this the 23rd day of June, 2022 S.Manikumar, C.J.
Instant public interest litigation is filed for the following reliefs:
"i. Issue a writ of mandamus or other appropriate writ or order directing respondents 1 and 2 to appoint a permanent Director of Agency for Non-Conventional Energy and Rural Technology (ANERT), Thiruvananthapuram based on Exhibit P1 Government order.
ii. Issue appropriate writ or order declaring that the 4 th respondent is not eligible to continue as the Director of Agency for Non-Conventional Energy and Rural Technology (ANERT), Thiruvananthapuram. iii. Issue a writ of certiorari or other appropriate writ or Order quashing the originals of Exhibits P3 and P4. iv. Issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to consider and pass orders on Exhibit P14 representation submitted by the petitioner within a time limit to be specified by this Honble Court."
2. Short facts leading to the filing of the writ petition are as hereunder:
W.P.(C)No.24551 of 2018 4 This writ petition is filed seeking for a direction to the State of Kerala represented by the Chief Secretary and the Secretary, Department of Power, respondents 1 and 2, to appoint a permanent Director for the 3rd respondent -
Agency for Non-Conventional Energy and Rural Technology (ANERT) as per Exhibit P1 order, which prescribes the qualifications required for being appointed as Director, i.e., B-Tech in Engineering with Ph.D in Renewable Energy or Masters Degree in Physical Natural Science with PhD in Renewable Energy. Though the fourth respondent has not acquired the above qualifications, he was appointed as Director of ANERT on deputation basis on 12.08.2016 without any transparent selection process. The petitioner has submitted Exhibit P14 representation dated 04.07.2018 before the Secretary, Department of Power, 2 nd respondent, requesting to appoint a permanent Director for ANERT. But till date, the Government has not taken any steps to appoint a permanent Director for the 3 rd respondent as per Exhibit P1 order. W.P.(C)No.24551 of 2018 5
3. Exhibit P1 Government Order dated 28.02.2014 reads thus:
"GOVERNMENT OF KERALA ABSTRACT Power Department -ANERT- Revised qualification for the post of Director and Finance Manager - approved orders issued.
----------------------------------------------------------------------------------------------------
POWER (PS) DEPARTMENT G.O.(Ms)No: 5/2014/PD Dated, Thiruvananthapuram, 28.02.2014
---------------------------------------------------------------------------------------------------- READ: (1) GO(P) 9/2009/PD dated 18.09.2009.
(2) G.O.(Rt) 117/2010/PD dated 25.05.2010. (3) GO(MS) 37/2011/PD dated 28.09.2011. (4) GO(Rt) 1/2013/PD dated 02.01.2013.
ORDER Government as per order read as 3rd paper above had appointed Dr. Ravi as Special Officer to evaluate the functions of ANERT and to submit a Report on Revitalization and Scientific Re-structuting of ANERT Dr. Ravi in his report among other things has pointed out that the main cause of deterioration of the Institution is lack of a permanent Director. At present, the Directors are posted on deputation or on temporary basis and frequent change of Directors definitely diminished the functions of the Institution. Therefore the Special Officer has recommended to appoint a permanent Director after revising the existing qualification for the post. The Special Officer has also recommended to revise the qualification of the post of Finance Manager. Government as per order read as 4th paper above have constituted an Official Committee to suggest qualification for the above posts on the basis of the recommendation of the Special Officer.
2. Government, after detailed examination of the suggestion of the Special Officer and the Official Committee, are pleased to revise the qualification, experience, scale of pay, age, method of appointment of the posts of Director and Finance Manager as follows:
W.P.(C)No.24551 of 2018 6 Director Qualification B.Tech in Engineering with Ph.D in Renewable Energy or Masters Degree in Physical/Natural Science with Ph.D in Renewable Energy.
Experience: 20 years minimum Age: Between 50 and 58 years.
Scale of pay: As applicable to Scientist G, in CSIR scale of pay (The retirement age upto 65 years depending on performance of incumbent.) Method of Appointment: Direct Recruitment after interview by a Committee consisting of Chief Secretary, Additional Chief Secretary (Power) and Chairman & Managing Director (KSEB, Ltd.).
Finance Manager Qualification M.Com with CA or ICWA Experience: 10 years minimum Age: Between 45 and 50 years.
Scale of pay: Rs. 36140-49740/- Method of appointment:
(i) Promotion from qualified personnel in ANERT service.
(ii) In the absence of (i) above Direct Recruitment after interview by an Official Committee consisting of Chief Secretary, Additional Chief Secretary (Power) and Chairman & Managing Director, KSEB Ltd.
The Government Orders read 1st and 2nd papers above will stand modified to the above extent.
By Order of the Governor Dr. NIVEDITA P. HARAN Additional Chief Secretary." W.P.(C)No.24551 of 2018 7
4. On this day, when the matter came up for hearing, Mr.V.Tekchand, learned Senior Government Pleader submitted that Dr.R.Harikumar was temporarily appointed as Director of ANERT and as per order dated 24.12.2018, he has been relieved from the said post.
5. He further submitted that the Government have issued orders in G.O.(Ms)No.12/2021/POWER dated 19.03.2021, restructuring the post in ANERT with the new designation equivalent to the post of Director, as Chief Executive Officer. The said Government Order reads thus:
"GOVERNMENT OF KERALA Abstract Power Department - ANERT - Re-designation of Staff Structure - Sanction accorded - Orders issued.
------------------------------------------------------------------------------------------
POWER (PS) DEPARTMENT G.O.(Ms)No.12/2021/POWER Dated, Thiruvananthapuram, 19/03/2021
------------------------------------------------------------------------------------------ Read: 1. Minutes of the review meeting held on 19.11.2020 in the chamber of Secretary, Power.
2. G.O(Ms)No. 5/2021/Power dated 25/02/2021.
3. Letter No. ANERT-ADM/13/2021-JM(HRM) DATED 10.3.2021 from the Director, ANERT.
ORDER As per the minutes read as 1 st paper above, it was decided to re-draft the proposed staff structure and W.P.(C)No.24551 of 2018 8 modernizing the staff pattern, so that it will be in-line with other professional agencies.
As per the G.O. read as 2nd paper above, the report regarding the Re-structuring of ANERT has been approved based on the study report submitted by Centre for Management Development (CMD), through the Director ANERT. As per the letter read as 3 rd paper above, Director, ANERT has forwarded the proposed positions based on the restructuring of ANERT.
Government have examined the proposal in detail and are pleased to accord sanction for the re-designation of the Director, ANERT and the following Positions in ANERT, as shown below:
Sl. No. Present Designation New Designation 1 Director Chief Executive Officer (CEO) 2 Chief Engineer Chief Technical Manager 3 Deputy Chief Engineer Additional Chief Technical Manager 4 General Manager / Registrar General Manager 5 Finance Manager Chief Finance Officer 6 Executive Engineer Joint Chief Technical Manager 7 Assistant Executive District Technical Manager Engineer 8 Assistant Engineer Assistant District Technical Manager 9 Sub Engineer Senior Technical Assistant 10 Technical Assistant / Field Technical Assistant Assistant (By order of the Governor) SAURABH JAIN IAS SECRETARY"
W.P.(C)No.24551 of 2018 9
6. Based on G.O.(Rt)No.2681/2021/GAD dated 20.07.2021, further submission has been made that on permanent basis, one Mr.Narendra Nath Veluri IFS has been appointed as the Director, ANERT. Government Order dated 20.07.2021 is extracted hereunder:
"GOVERNMENT OF KERALA Abstract IFS - Shri. Narendra Nath Veluri IFS(KL:2011)-State Deputation for appointment as the Director, ANERT, Thiruvananthapuram - Orders issued.
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GENERAL ADMINISTRATION (AIS-C) DEPARTMENT G.O.(Rt)No.2681/2021/GAD Dated, Thiruvananthapuram, 20/07/2021
------------------------------------------------------------------------------------------ Read: G.O.(P) No. 546/1980/GAD dated 01.12.1980 ORDER The service of Shri. Narendra Nath Veluri IFS (KL:2011), Deputy Conservator of Forests & Wildlife Warden, Silent Valley is placed at the disposal of Power Department for being appointed as Director, ANERT, Thiruvananthapuram on State Deputation basis. Further the post of Director, ANERT is declared equivalent in status and responsibility to the cadre post of Deputy Conservator of Forests (Administration) in the Level 12 of Pay Matrix Table (Pay Range Rs.78,800 - 2,09,200) as per IFS (Pay) Rules 2016. The deputation will be governed by the terms and conditions prescribed in the Government Order referred to above.
(By order of the Governor) Rajesh Kumar M.
Additional Secretary"
W.P.(C)No.24551 of 2018 10 In view of the above, nothing further survives in this writ petition for further adjudication. Writ petition is, therefore, dismissed.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice Sd/-
Shaji P.Chaly Judge vpv W.P.(C)No.24551 of 2018 11 APPENDIX OF WP(C) 24551/2018 PETITIONER'S EXHIBITS EXHIBIT P1 COPY OF GO (MS) NO. 5/2014/PD.
EXHIBIT P2 COPY OF NOTES OF THE POWER DEPARTMENT WITH REGARD TO POSTING OF DIRECTOR IN ANERT.
EXHIBIT P3 COPY OF GO (RT) NO. 172/2016/POWER DATED 01.09.2016 EXHIBIT P4 COPY OF THE GO DATED 25.08.2017 EXHIBIT P4(A) ENGLISH TRANSLATION OF EXHIBIT P4, WHICH IS IN MALAYALAM EXHIBIT P5 COPY OF BIO-DATA SUBMITTED BY 4TH RESPONDENT EXHIBIT P6 COPY OF GO (RT)NO. 133/2017/PD DATED 08.06.2007 EXHIBIT P7 COPY OF RELEVANT PAGES OF THE AUDIT REPORT ALONG WITH ENGLISH TRANSLATIONS EXHIBIT P8 COPY OF COMMUNICATION DATED 24.05.2016 EXHIBIT P9 COPY OF LETTER DATED 05.08.2016 EXHIBIT P10 COPY OF LETTER DATED 19.08.2016 EXHIBIT P11 COPY OF COMMUNICATION DATED 26.08.2016 EXHIBIT P12 COPY OF REPRESENTATION DATED 31.03.2018 IN MALAYALAM SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P12(A) TRANSLATED VERSION OF EXHIBIT P12 EXHIBIT P13 COPY OF JUDGMENT DATED 02.07.2018 PASSED BY THIS HON'BLE COURT IN WPC.NO. 21846/18 W.P.(C)No.24551 of 2018 12 EXHIBIT P14 COPY OF REPRESENTATION DATED 04.07.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P15 COPY OF ORDER DATED 22.9.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P15(A) ENGLISH TRANSLATION OF EXHIBIT P15.
EXHIBIT P16 COPY OF ORDER DATED 26.9.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P16(A) ENGLISH TRANSLATION OF EXHIBIT P16.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) A TRUE COPY OF THE RELEVANT PAGE OF CONSOLIDATED NOTE OF THE POWER DEPARTMENT OF GOVERNMENT OF KERALA.
EXHIBIT R4(B) A TRUE COPY OF THE GO(RT)NO.117/2010/PD DATED 25.5.2010.
EXHIBIT R4(C) A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF ANERT.
EXHIBIT R4(D) THE RELEVANT PAGE OF EXHIBIT P7, WHICH HAS BEEN NOT PRODUCED BY THE PETITIONER, WHICH IS A PART OF THE CONSOLIDATED AUDIT REPORT ENGLISH TRANSLATION.
EXHIBIT R4(E) A TRUE COPY OF THE ORDER DATED 9.11.2017 OF POWER (PS) DEPARTMENT, GOVERNMENT OF KERALA ANNEXURE-1 TRUE COPY OF G.O.(P)NO.1/2016/PD DATED 5TH FEBRUARY, 2016.
TRUE COPY P.A. TO JUDGE