IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(C) NO. 30688 OF 2019
PETITIONER/S:
1 DR. U.M.CHANDRASHEKARA
AGED 59 YEARS
S/O. MANJUNATHA,(SENIOR PRINCIPAL SCIENTIST,KERALA
FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680
653), RESIDING AT UCHANGI P.O., -573 137,HASSAN
DISTRICT,KARNATAKA
2 DR.E.M.MURALIDHARAN,
AGED 58 YEARS
S/O. MADHAVAN NAMBIAR, SENIOR PRINCIPAL
SCIENTIST,BIOTECHNOLOGY DEPARTMENT,KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653)
RESIDING AT ABHILASH, MELUR, PALAYAD P.O.,
THALASSERY-670 661
3 DR. SUJATHA.M.P.,
AGED 58 YEARS
D/O., M.V.NAMBOODRIPAD, SENIOR PRINCIPAL SCIENTIST
AND HEAD SOIL SCIENCE DEPARTMENT ,KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653)
RESIDING AT A3,MRG SREEVALSAM APARTMENT,
THIRUVAMPADI, THRISSUR-680 022
4 RAVEENDRAN.V.P.,
AGED 58 YEARS
S/O ANANDAN.E., (SENIOR SCIENTIST, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653)
RESIDING AT III/13 KFRI QUARTERS,KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653)
5 DR.K.V.MOHAMMED KUNHI,
AGED 55 YEARS
S/O. K.V.ABOOBACKER HAJI, ( PRINCIPAL SCIENTIST AND
PROGRAMME COORDINATOR,EXTENSION AND TRAINING
DIVISION,KERALA FOREST RESEARCH INSTITUTE, PEECHI,
THRISSUR-680 653) RESIDING AT FAHMAS, KRISHNI BHAVAN
ROAD, KOZHIKODE-673 633
6 GRACE ANDREWS,
AGED 57 YEARS
D/O. LATE C.P.ADREWS, (PA TO DIRECTOR, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653)
RESIDING AT A G 50,ANUGRAHA, ALUKKAS GARDEN,
NELLIKKUNNU,THRISSUR-5
7 P.A.JOSE,
AGED 55 YEARS
S/O. P.V.ANTONY,(PRINCIPAL SCIENTIST,KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653),
W.P.(C) No.30688 of 2019 & Con.cases.
-2-
RESIDING AT PANIKULANGARA HOUSE, THACHAMPILLY ROAD,
P.O.VELUTHUR, THRISSUR-690 012
8 DR.K.F GEORGE,
AGED 55 YEARS
S/O. FRANCIS K.P., (SENIOR SCIENTIST LIBRARY AND
INFORMATION,KERALA FOREST RESEARCH INSTITUTE,
PEECHI, THRISSUR-680 653), RESIDING AT KAKKANATT
HOUSE, MADAKKATHARA P.O., WEST
VELLANIKKARA,THRISSUR-680 651
9 DR.V.ANITHA,
AGED 50 YEARS
D/O. M.V.NAIR, ( PRINCIPAL SCIENTIST FOREST
ECONOMICS DEPARTMENT, FORESTRY AND HUMAN DIMENSIONS
PROGRAMME DIVISION, KERALA FOREST RESEARCH
INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT
AASHIRWAD,POST NO.110, PRIYADARSHINI NAGAR,
PARAVATTANI, EAST FORT P.O., THRISSUR-680 005
10 DR.T.V.SAJEEV,
AGED 50 YEARS
S/O. T.N.VELAYUDHAN, ( PRINCIPAL SCIENTIST AND
RESEARCH COORDINATOR, HEAD DEPARTMENT OF
ENTOMOLGY,KERALA FOREST RESEARCH INSTITUTE, PEECHI,
THRISSUR-680 653), RESIDING AT THAVALATHADATHIL ,
VADAVUCOE P.O., ERNAKULAM-682 310
11 DR.SUMA ARUN DEV,
AGED 48 YEARS
D/O. T.V.BHASKARAN, (SENIOR SCIENTIST,FOREST
GENETICS AND BIOTECHNOLOGY DIVISION,KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653),
RESIDING AT FLAT NO.9 C ASHIYAANA-DEVDATHAM, PALIYAM
ROAD, THRISSUR-680 001
12 DR.P.SUJANAPAL
AGED 44 YEARS
S/O. T.V.NARAYANA, (SCIENTIST,KERALA FOREST RESEARCH
INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT
PUTHIYAPURAYIL HOUSE, THADIKKADAVU P.O., KANNUR-670
581
13 DR.JAYARAJ.R.,
AGED 42 YEARS
S/O. P.K.RAVINDRAN,(SCIENTIST, FE AND BC
DIVISION,KERALA FOREST RESEARCH INSTITUTE, PEECHI,
THRISSUR-680 653), RESIDNG AT JAYABHAVAN, THURUTHY
P.O., CHANGANACHERRY, KOTTAYAM-686 535
BY ADVS.
THAMPAN THOMAS
SRI.B.V.JOY SANKER
SMT.R.RAJASREE (CHUTTIMATTATHIL)
W.P.(C) No.30688 of 2019 & Con.cases.
-3-
SMT.NINCY MATHEW
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND
ENVIRONMENT
REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA
BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHRA BHAVAN, PATTOM, P.O.,
THIRUVANANTHAURAM-695 004
3 KERALA FOREST RESEARCH INSTITUTE,
PEECHI, THRISSUR,PIN-680 653, REPRESENTED BY ITS
DIRECTOR
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT,
THIRUVANANTHPAURAM-695 001
BY ADV P.C.SASIDHARAN, SC, KSCSTE
OTHER PRESENT:
ADV.IMAM GRIGORIOS KARAT FOR KFRI; SR. GP.PREMCHAND
R. NAIR AND VENUGOAPL V;ADV.ANOOP P.V. FOR CWRDM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ADMISSION ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND
CONNECTED CASES, THE COURT ON 15.03.2022 DELIVERED THE
FOLLOWING:
W.P.(C) No.30688 of 2019 & Con.cases.
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(C) NO. 13364 OF 2021
PETITIONER/S:
DR.RAGHUNADHAN C
AGED 60 YEARS
S/O. LATE M.K PANICKER, (RETIRED DEPUTY REGISTRAR
GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673
571) RESIDING AT LAVANYAM, CHEVARAMBALAM P.O,
KOZHIKODE 673 017
BY ADVS.
THAMPAN THOMAS
B.V.JOY SANKAR
R.RAJASREE (CHUTTIMATTATHIL)
NINCY MATHEW
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY &
ENVIRONMENT
REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHA
BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHA BHAVAN, PATTOM P.O,
THIRUVANANTHAPURAM 695 004
3 CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT - CWRDM
KUNNAMANGALAM, KOZHIKODE 673 571 REPRESENTED BY ITS
EXECUTIVE DIRECTOR
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT,
THIRUVANANTHAPURAM 695 001
W.P.(C) No.30688 of 2019 & Con.cases.
-5-
BY ADV P.V.ANOOP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ADMISSION ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND
CONNECTED CASES, THE COURT ON 15.03.2022 DELIVERED THE
FOLLOWING:
W.P.(C) No.30688 of 2019 & Con.cases.
-6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(C) NO. 29452 OF 2019
PETITIONER/S:
1 DR. DINESAN V.P.,
AGED 60 YEARS
S/O.LATE.V.P.BALAN,(RETIRED SENIOR PRINCIPAL
SCIENTIST AND HEAD -GEOMATICS DIVISION, CENTRE FOR
WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM),
KUNNAMANGALAM .P.O, KOZHIKODE 673571) RESIDING AT
AMBADI HOUSE, CHALILPURAYIL PARAMBA, NEAR CWRDM
CAMPUS, KOTTAMPARAMBA.P.O, KOZHIKODE 673008
2 DR.MADHAVAN K
AGED 59 YEARS
S/O.KANARAN K(SCIENTIST, WATER QUALITY DIVISION,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-
673571) RESIDING AT SNEHAM, JAWAHAR HOUSING COLONY,
CHERINCHAL, KARANTHUR .P.O, KUNNAMANGALAM,
KOZHIKODE-673571
3 JAYAKUMAR P
AGED 58 YEARS
S/O.LATE R.PUSHKARAN, (SENIOR PRINCIPAL SCIENTIST
AND HEAD- ENVIRONMENT AND CLIMATE CHANGE STUDIES
DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT 9CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE
-673571) RESIDIN GAT SAIKRIPA, NTMC ROAD, (LANE II)
KAVOOR, KOZHIKODE 673017
4 P.K.ABDULLA
AGED 59 YEARS
S/O.LATE P.K.HUSSAIN(SENIOR PRINCIPAL SCIENTIST,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT(CWRDM) KUNNAMANGALAM.P.O, KOZHIKODE-
673571) RESIDING AT LAIL, PARAPPAMMAL ROAD,
KARANTHOOR.P.O, KUNNAMANGALAM, KOZHIKODE 673671
5 C.DINIL SONY
AGED 55 YEARS
S/O.LATE CHATHAN, (SENIOR PRINCIPAL SCIENTIST AND
HEAD-SURFACE WATER DIVISION, CENTRE FOR WATER
W.P.(C) No.30688 of 2019 & Con.cases.
-7-
RESOURCES DEVELOPMENT AND MANAGEMNET CWRDM),
KUNNAMANGALAM.P.O, KOZHIKODE-673571) RESIDING AT
LINUS, KALPETTA NORTH, WAYANAD-673122
6 DR.CELIN GEORGE,
AGED 55 YEARS
D/O.C.J.GEORGE, (PRINCIPAL SCIENTIST AND HEAD,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT SUB CENTRE (CWRDM), MANIMALAKUNNU,
OLIYAPPURAM.P.O, KOOTHATTUKULAM 686662) RESIDING AT
PULICKAL HOUSE, NEAR POLICE QUARTERS,
KOOTHATTUKULAM.P.O, ERNAKULAM-686662
7 DR.MADHAVAN CHANDRAN K
AGED 59 YEARS
S/O.LATE DR.N.MOHANDAS,(SENIOR PRINCIPAL SCIENTIST
AND HEAD-WATER MANAGEMENT (AGRICULTURE) DIVISION,
WATER QUALITY DIVISION,CENTRE FOR WATER RESOURCES
DEVELOPMENT AND MANAGEMENT(CWRDM),
KUNNAMANGALAM.P.O, KOZHIKODE-673571) RESIDING AT
ANUGRAH, NEAR KOLLANKOTTE SRI AYYAPPA TEMPLE, KAVU,
CHEVAYUR, KOZHIKODE-673017
8 BABU MATHEW,
AGED 58 YEARS
S/O.LATE MATHAI, (SENIOR PRINCIPAL SCIENTIST, CENTRE
FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT
(CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE 673571)
RESIDING AT 32/482 A, AILAPURATH, BHARATHAN BAZAR,
CHELAVOOR.P.O, KOZHIKODE 673571
9 DR.GEORGE ABE
AGED 58 YEARS
S/O.P.V.ABRAHAM, (CHIEF SCIENTIST AND HEAD, CENTRE
FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB
CENTRE9CWRDM), KOTTAYAM 686001) RESIDING AT
PUTHENPURACKAL, KUMMANAM, KOTTAYAM-686001
10 SUSHANTH C.M
AGED 58 YEARS
S/O.LATE C.M.INDRAN, (SENIOR PRINCIPAL SCIENTIST,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O,M KOZHIIKODE
673571) RESIDING AT 7D, BRIDGE TOWER APARTMENT,S
NADAKAVU.P.O, KOZHIKODE-673011
11 VIJAYAKUMAR.M.P
AGED 60 YEARS
S/O.LATE DHAMODHARAN NAIR, (ASSISTANT REGISTRAR,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-
673571) RESIDING AT VISHAKH, KOTTAMPARAMBA.P.O,
KOZHIKODE-673008
W.P.(C) No.30688 of 2019 & Con.cases.
-8-
BY ADVS.
THAMPAN THOMAS
SRI.B.V.JOY SANKER
SMT.R.RAJASREE (CHUTTIMATTATHIL)
SMT.NINCY MATHEW
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOOGY AND
ENVIRONMENT,
REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHA
BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM-695004
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHA BHAVAN, PATTOM.P.O,
THIRUVANANTHAPURAM-695004
3 CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT
KUNNAMANGALAM, KOZHIKODE-673571, REPRESENTED BY ITS
EXECUTIVE DIRECTOR
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY, FINANCE DEVELOPMENT,
THIRUVANANTHAPURAM-695001
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ADMISSION ON 07.03.2022, ALONG WITH WP(C). 30688/2019 AND
CONNECTED CASES, THE COURT ON 15.03.2022 DELIVERED THE
FOLLOWING:
W.P.(C) No.30688 of 2019 & Con.cases.
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(C) NO. 30643 OF 2019
PETITIONER/S:
1 DR. KAMALAKSHAN KOKKAL
AGED 59 YEARS
S/O.LATE KUNHAMBU K., (CHIEF SCIENTIST AND HEAD
(CED), KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY
AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT NIRA-
100, NARAYANEEYAM, NIRMALA GARDENS, NALANCHIRA P.O.,
THIRUVANANTHAPURAM-695013.
2 DR.AJITH PRABHU V.,
AGED 55 YEARS
S/O.A.V.PRABHU, (CHIEF SCIENTIST AND HEAD (TDPMD),
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT 6-J,
SREE DHANYA PLANET-X, BLOCK-B, ELAMKULAM,
PONGUMMOODU, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695011.
3 DR.HARINARAYANAN P.,
AGED 46 YEARS
S/O.MELOTH NARAYANAN NAMBIAR, (PRINCIPAL SCIENTIST,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT
MADHAVIPURAM, KANATHUR P.O., MULIYAR VIA, KASARAGOD-
671542.
4 DR.K.R.LEKHA,
AGED 55 YEARS
D/O.LATE K.KRITHIVASAN UNNITHAN, (SENIOR PRINCIPAL
SCIENTIST AND HEAD, WOMEN SCIENTIST DIVISION, KERALA
STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT SRA
170-A, DWARAKA, ANCHUMUKKU, MUTTADA P.O.,
THIRUVANANTHAPURAM-695025.
5 DR.ANILKUMAR E.S.,
W.P.(C) No.30688 of 2019 & Con.cases.
-10-
AGED 56 YEARS
S/O.P.SUKUMARAN UNNITHAN, (SCIENTIST, KERALA STATE
COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT
(KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-
695004), RESIDING AT TC 6/517 (2), KRISHNAKRIPA,
MNRA-45 C, MITHRA NAGAR, ARAPPURA ROAD, VATTIYOORKAV
P.O., THIRUVANANTHAPURAM-13.
6 DR.VIJAYAKUMAR K.,
AGED 54 YEARS
S/O.G.KUNJURAMAN PILLAI, (SENIOR SCIENTIST, KERALA
STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT
T.C.22/745 (1), ATTUKAL, MANACAUD P.O.,
THIRUVANANTHAPURAM-695009.
7 DR.ANILKUMAR C.,
AGED 53 YEARS
S/O.CHELLAPPAN PILLAI K., (SENIOR PRINCIPAL
SCIENTIST, HEAD, KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN,
PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT HOUSE
NO.21, MONI ENCLAVE, KACHANI SCHOOL JUNCTION,
KARAKULAM P.O., THIRUVANANTHAPURAM-695564.
8 BINUJA THOMAS,
AGED 43 YEARS
D/O.K.L.THOMAS, (PRINCIPAL SCIENTIST, KERALA STATE
COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT
(KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-
695004), RESIDING AT FLAT NO. 7 CE, SOWPARNIKA
SHIRDI TOWERS, MUKKOLA, MANNATHALA,
THIRUVANANTHAPURAM-695043.
9 DR.SARIKA A.R.,
AGED 38 YEARS
D/O.K.RAJENDRAN, (SCIENTIST, KERALA STATE COUNCIL
FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE),
SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004),
RESIDING AT AYILLIAM, VENGANOOR P.O.,
THIRUVANANTHAPURAM-695523.
BY ADVS.
THAMPAN THOMAS
SRI.B.V.JOY SANKER
SMT.R.RAJASREE (CHUTTIMATTATHIL)
SMT.NINCY MATHEW
W.P.(C) No.30688 of 2019 & Con.cases.
-11-
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND
ENVIRONMENT
REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA
BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM-695004.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT,
THIRUVANANTHAPURAM-695001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ADMISSION ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND
CONNECTED CASES, THE COURT ON 15.03.2022 DELIVERED THE
FOLLOWING:
W.P.(C) No.30688 of 2019 & Con.cases.
-12-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944
WP(C) NO. 32107 OF 2019
PETITIONER/S:
1 DR. B.G. SREEDEVI ,
AGED 56 YEARS
D/O. K. BHASKARAN PILLAI, (CHIEF SCIENTIST, NATIONAL
TRANSPORTATION PLANNING AND RESEARCH CENTRE,
(NATPAC) K. KARUNAKARAN TRANSPARK, THURUVIKKAL P.O,
AKKULAM, THIRUVANANTHAPURAM 695 031) RESIDING AT TC
6/314(2), SREENARAYANEEYAM, PRA 07, PULLIKULAM LANE,
ULLOOR-AKKULAM ROAD, THURUVIKKAL P.O,
THIRUVANANTHAPURAM 695 031.
2 K.M SYED MOHAMMED,
AGED 59 YEARS
S/O. K.S MUSTHAFA, (PRINCIPAL TECHNICAL OFFICER,
NATIONAL TRANSPORTATION PLANNING AND RESEARCH
CENTRE, (NATPAC) K. KARUNAKARAN TRANSPARK,
THURUVIKKAL P.O, AKKULAM, THIRUVANANTHAPURAM 695
031) RESIDING AT SHAFEEQ MANZIL, TC 48/144, UPS
LANE, AMBALATHARA, POONTHURA P.O, THIRUVANANTHAPURAM
695 026.
BY ADVS.
THAMPAN THOMAS
B.V.JOY SANKER
SMT.R.RAJASREE (CHUTTIMATTATHIL)
SMT.NINCY MATHEW
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND
ENVIRONMENT,
REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA
BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004.
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O,
THIRUVANANTHAPURAM 695 004.
W.P.(C) No.30688 of 2019 & Con.cases.
-13-
3 NATIONAL TRANSPORTATION AND RESEARCH CENTRE (NATPAC)
, K. KARUNAKARAN TRANSPARK,
THURUVIKKAL P.O,AKKULAM, THIRUVANANTHAPURAM 695 031,
REPRESENTED BY ITS DIRECTOR.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT,
THIRUVANANTHAPURAM 695 001
BY ADVS.
P.C.SASIDHARAN, SC, KSCSTE
SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ADMISSION
ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND CONNECTED
CASES, THE COURT ON 15.03.2022 DELIVERED THE FOLLOWING:
W.P.(C) No.30688 of 2019 & Con.cases.
-14-
JUDGMENT
Dated this the 13th day of May, 2022 The common challenge in these writ petitions is against the order dated 16.08.2019 of the Kerala State Council for Science and Technology (Council (M) Order No.98/2019/KSCSTE dated 16.08.2019), amending Clause 14 of Section II Part 1 of the KSCSTE Service Rules and Regulations. The amendment is effected by inserting Note (v) to Clause 14, which reads as under;
"The ceiling amount under the payment of gratuity shall be as per the amount proclaimed by the Government of Kerala from time to time".
2. The facts, leading up to the issuance of the impugned order and amendment, are as under;
The Kerala State Council for Science and Technology (KSCSTE) was constituted by the W.P.(C) No.30688 of 2019 & Con.cases. -15- Government as an autonomous body, bringing within its fold various research institutions, like the Kerala Forest Research Institute, the Centre for Earth Science Studies, the Jawaharlal Nehru Tropical Botanic Garden and Research Institute, the Centre for Water Resources Development and Management, the National Transportation, Planning and Research Centre and the Kerala School of Mathematics. After coming into existence on 21.06.2002 as a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955, the KSCSTE framed separate rules for regulating conditions of service and other matters of the employees in the institutions under it. After framing of the rules, the employees appointed to the service of the institutions are governed by the KSCSTE Service Rules and Regulations ('Rules and Regulations' for short). Clause 14 of Part I W.P.(C) No.30688 of 2019 & Con.cases. -16- Section II of the Rules and Regulations deals with payment of gratuity to employees retiring from the institutions. As per Clause 14, gratuity is to be paid at the rate of half month's emoluments, which the employee drew last, for each completed year of service.
3. As matters stood thus, a ceiling limit of Rs.10,00,000/- on gratuity payable to Central Government employees was brought in through the Central Government's pay revision order. This gave rise to a doubt whether such ceiling limit would be applicable to the employees of the institutions under the KSCSTE. Ultimately, the Member Secretary passed order dated 20.09.2011, directing that the gratuity amount payable to the employees shall be limited to Rs.10 lakhs, till a decision is taken in the matter. That order was challenged in a batch of writ petitions by the Scientists and employees in the Kerala Forest W.P.(C) No.30688 of 2019 & Con.cases. -17- Research Institute and the Centre for Earth Science Studies. The writ petitions were allowed by a learned Single Judge, holding that the employees of the institutions under the Council are governed by the Rules and Regulations framed by the Council and that, as per Clause 14, the retiring scientists and employees are entitled to receive gratuity at the rate of half months emoluments which they drew last. It was also held that Clause 14 being a better condition of service, its benefit is bound to be extended to the employees by virtue of Section 4(5) of the Payment of Gratuity Act, 1972. The learned Single Judge noted that the Council could have amended its Rules and Regulations and such course having not been adopted, the petitioners are entitled to receive gratuity as stipulated in Clause 14.
4. Even though the judgment was challenged in appeal by the institutions, the
W.P.(C) No.30688 of 2019 & Con.cases. -18- Division Bench affirmed the findings of the learned Single Judge and went on to hold that the Rules and Regulations of the Council cover the entire field of service conditions and does not contemplate any direction by the State Government. The Division Bench also observed that till the relevant rule, ie, Clause 14, is amended in accordance with the prescribed procedure, no ceiling limit on gratuity can be imposed by the State Government. The legal position having thus attained finality, the petitioners in those writ petitions were paid gratuity as per Clause 14 of the Rules and Regulations.
5. Taking cue from the observations in the judgments of the Single Judge and the Division Bench, the Council issued the impugned Order (Council (M) Order No.98/2019/KSCSTE dated 16.08.2019), inserting Note (v) to Clause 14. The petitioners are assailing the order on the W.P.(C) No.30688 of 2019 & Con.cases. -19- ground of procedural irregularity and violation of their right to receive gratuity without limit, in accordance with the service conditions prevailing at the time of their appointment.
6. Heard Adv.Thampan Thomas, learned Counsel for the petitioners, Adv.P.C.Sasidharan for the KSCSTE, and Advs. P. V. Anoop, Imam Gregarious Karat, B.S.Symanthak for the Institutes and Senior Government V.Venugopal for the State.
7. Learned Counsel for the petitioners assailed the impugned order, alleging that the order is issued as per the directive of the Government, in spite of the clear finding in the earlier round of litigation that the Council having framed Rules and Regulations governing the conditions of service of its employees, the Government cannot issue any order with regard to such service conditions. The other ground of W.P.(C) No.30688 of 2019 & Con.cases. -20- challenge is based on the procedural irregularity, particularly with reference to Rule 19, which prescribes the procedure for amendment of the Council's Memorandum of Association and the Rules and Regulations. It is contended that as per Rule 19.2, whenever the Executive Committee of the State Council deems it appropriate to amend the Rules and Regulations, the Committee has to submit a proposal before the special general body convened for the purpose after giving every member of the Council 21 days prior notice. In the meeting thus convened, the resolution proposing the amendment should be passed by not less than three times the number of votes cast against the resolution. According to the petitioners, no such procedure was followed before amending Clause 14.
8. Yet another argument is that the ceiling limit of gratuity has been raised from Rs.10 W.P.(C) No.30688 of 2019 & Con.cases. -21- lakhs to Rs.20 lakhs by the Payment of Gratuity (Amendment) Act, 2018 brought into force on 29.03.2018. By amending Clause 14, the ceiling limit of gratuity payable to the petitioners got reduced to an amount below Rs.20 lakhs and is therefore contradictory to the provisions of the Payment of Gratuity Act.
9. Learned Counsel for the respondents and the Government Pleader raised the following common contentions;
10. In the judgment in W.A.No.1 of 2015 and connected cases, the Division Bench had made it abundantly clear that the Council is empowered to stipulate the ceiling limit for gratuity payable to its employees by bringing about suitable amendment to Clause 14. Accordingly, the Council had amended the Clause, taking into account the huge financial liability incurred by payment of gratuity without limit. The Council therefore W.P.(C) No.30688 of 2019 & Con.cases. -22- resolved to incorporate suitable provisions making the gratuity amount payable to its employees at par with that of the State Government employees. As per Clause 8 of the Bye- laws, the Executive Committee of the Council is empowered to fix the remuneration and define the duties and conditions of service of its employees. Clause 19 empowers the Council to amend its Rules and Regulations. The order amending Clause 14 was passed in strict compliance of the procedure prescribed in Clause 19 and contentions to the contrary are baseless.
11. In the nature of the contentions advanced, I deem it appropriate to extract the following paragraphs from the judgment in W.A.No.1 of 2015;
"56. One more issue need to be considered is as to whether the State Government had jurisdiction to direct the Council not to pay gratuity to employees retiring, in excess to Rs.10 lakhs which is provided under Section W.P.(C) No.30688 of 2019 & Con.cases.-23-
4(3).
57. As noted above, the Council was constituted as a registered Society under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 which society came into existence on 21.11.2002. The Society is an autonomous body composition of which is provided in Rule 3.1 of the Rules. Rule 3.1 of the Rules has already been extracted above.
58. A perusal of Rule 3.1. indicates that the State Council consists of Chief Minister as President, 7 Ministers of different Departments as Vice President and various high officers of the Government including the Vice Chancellor of Cochin University of Science and Technology and Kerala Agricultural University are members. The Society has been constituted to manage six Research Institutes which are engaged in scientific research and development. Copies of the Rules have been placed before us by the counsel for the appellants. The Rules framed by the Council are comprehensive which govern all aspects of the service conditions recruitment, promotion, disciplinary action, conduct apart from Rules and Regulations to regulate the constitution of Council, meetings of the Council, functioning of the Council etc.
59. Rule 19.1 provides for amendment of W.P.(C) No.30688 of 2019 & Con.cases. -24-
rules and regulations. Rules, 19 and 19.1 read as under:
"19. Amendment of Memorandum of Association and Rules and Regulations.
19.1 Whenever it shall appear to the Executive Committee of the State Council that it is advisable to alter, extend or abridge the Memorandum of Association for such purposes as are mentioned in the Memorandum of Association, the Executive Committee may submit the proposal to the member of the State Council in a written or printed report, and may convene a special general meeting for the consideration thereof according to the rules and regulations. No such proposal shall be deemed to have been approved unless such reports have been delivered by the hand or sent by registered by post to every member of the State Council 21 days previous to the date of the special general meeting convened at the instance of the Executive Committee for the consideration thereof, and unless proposal shall have been agreed to by the votes cast in favour of the proposal by the members entitled to do so, and such votes are not less than three times the number of votes if any, cast against the resolution by the members so entitled and voting and attended by not less than half the number of members of the State Council.
W.P.(C) No.30688 of 2019 & Con.cases. -25-
60. We have gone through the Rules placed before us. We do not find any express Rule empowering the State Government to give any direction to the Council on service matters of any employee or Officer under the Council and Institutes. The learned Single Judge has rightly held that there is no express rule empowering the State Government to issue any direction to the Council. When the rules cover the entire field of service conditions etc., whether the State by any direction can alter the implementation of rules, the answer is officially no. The Rules which govern the autonomous body do not contemplate any such direction by the State Government. When the Rules itself did not contemplate any such direction, it was not open for the State to direct the Council not to pay the gratuity in excess of Rs.10 lakhs when no such ceiling limit is provided in the Rules governing the payment of gratuity. The learned Single Judge has rightly observed that till the relevant Rule i.e., Rule 14 is not amended in accordance with the procedure prescribed in the Rules, no such restriction can be imposed by the State Government in payment of gratuity to the retiring employees of the Council." Obviously, taking cue from the above W.P.(C) No.30688 of 2019 & Con.cases. -26- observations, the Council amended Clause 14 and made the gratuity payable to its employees at par with the gratuity payable by the State Government to its employees. Even though learned Counsel for the petitioner contended that the amendment was not affected following the procedure prescribed in Rule 19, I am unable to accede to the contention in the absence of any supporting material, more so when the impugned order reveals that the decision of the Council was preceded by the decision of the Executive Committee of the KSCSTE dated 07.06.2019. The contention that the amendment was brought about at the direction of the Government cannot also be countenanced, since the impugned order does not refer to any such direction.
12. The next aspect to be considered is the impact of the Payment of Gratuity (Amendment) Act, 2018 on the amendment brought about to W.P.(C) No.30688 of 2019 & Con.cases. -27- Clause 14. In this regard, it is pertinent to note that the Payment of Gratuity (Amendment) Act, 2018 was brought into effect vide Gazette Notification dated 29.03.2018. By the Amendment Act, Section 4(3) of the Principal Act was amended by substituting the words 'ten lakhs' with the words 'such amount as may be notified by the Central Government from time to time'. Thereafter, by notification dated 30.03.2018, the maximum limit of gratuity was fixed at Rs.20 lakhs. Thereafter, by amending Clause 14, vide order dated 16.08.2019, the Council fixed the ceiling limit for gratuity payable to its employees to be at par with the amount proclaimed by the Government of Kerala from time to time. Indisputably, the amount proclaimed by the State Government is less than Rs.20 lakhs. The question therefore is whether the amendment to Clause 14, which is contrary to the ceiling limit fixed in W.P.(C) No.30688 of 2019 & Con.cases. -28- Section 4(2) of the Payment of Gratuity (Amendment) Act, can be sustained. To answer this question, reference has to be made to Section 14 of the Payment of Gratuity Act, 1972, which reads as under;
"14. Act to override other enactments, etc.
- The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act."
13. The policy behind the introduction of the Payment of Gratuity Act, 1972 and provisions like Sections 10, 12 and 14 of the Act was explained by Justice V.R.Krishna Iyer in his inimitable style in Som Prakash Rekhi v. Union of India, [(1981) 1 SCC 449]. Relevant portion of the judgment is extracted here under for easy reference;
"We live in a welfare State, in a "socialist" republic, under a Constitution with W.P.(C) No.30688 of 2019 & Con.cases. -29-
profound concern for the weaker classes including workers (Part IV). Welfare benefits such as pensions, payment of provident fund and gratuity are in fulfilment of the directive principles. The payment of gratuity or provident fund should not occasion any deduction from the pension as a "set-off". Otherwise, the solemn statutory provisions ensuring provident fund and gratuity become illusory. Pensions are paid out of regard for past meritorious services. The root of gratuity and the foundation of provident funds are different. Each one is a salutary benefaction statutorily guaranteed independently of the other. Even assuming that by private treaty parties had otherwise agreed to deductions before the coming into force of these beneficial enactments they cannot now be deprivatory. It is precisely to guard against such mischief that the non obstante and overriding provisions are engrafted on these statutes."
Later, in Y.K.Singla v. Punjab National Bank [2013(3) SCC 472], the supremacy of Section 14 over service regulations governing the employees of an establishment was conclusively decided. Being relevant, paragraph 22 of the judgment is W.P.(C) No.30688 of 2019 & Con.cases. -30- extracted hereunder;
"In order to determine which of the two provisions (the Gratuity Act or the 1995 Regulations) would be applicable for determining the claim of the appellant, it is also essential to refer to Section 14 of the Gratuity Act, which is being extracted hereunder;
xxxxxx(omitted to avoid repetition) A perusal of Section 14 leaves no room for any doubt that a superior status has been vested in the provisions of the Gratuity Act vis-à-vis any other enactment (including any other instrument or contract) inconsistent therewith. Therefore, insofar as the entitlement of an employee to gratuity is concerned, it is apparent that in cases where gratuity of an employee is not regulated under the provisions of the Gratuity Act, the legislature having vested superiority to the provisions of the Gratuity Act over all other provisions/enactments (including any instrument or contract having the force of law), the provisions of the Gratuity Act cannot be ignored. The term "instrument" and the phrase "instrument or contract having the force of law" shall most definitely be deemed to include the 1995 Regulations, which regulate the payment of gratuity to the appellant."
W.P.(C) No.30688 of 2019 & Con.cases. -31- It is pertinent to note that the definition of 'employee' at Section 2(e) of the Payment of Gratuity Act specifically excludes persons holding posts under the Central or State Governments. Therefore, the State Government is at liberty to fix the gratuity payable to its employees de hors the limit prescribed in the Payment of Gratuity Act. On the other hand, the employees in the institutions under the KSCSTE fall within the definition of Section 2(e) and the provisions of the Payment of Gratuity Act will apply with all force.
14. The legal position being as above, the impugned amendment having the effect of limiting the gratuity payable to the petitioners to an amount less than their entitlement under Section 4(3) of the Payment of Gratuity Act, is illegal and unsustainable.
In the result, the writ petitions are W.P.(C) No.30688 of 2019 & Con.cases. -32- allowed. The impugned order (Council (M) Order No.98/2019/KSCSTE dated 16.08.2019) is quashed, without prejudice to the KSCSTE's right to amend Clause 14 of Section II Part 1 of the KSCSTE Service Rules and Regulations in tandem with the provisions of the Payment of Gratuity Act.
Sd/-
V.G.ARUN JUDGE Scl/ W.P.(C) No.30688 of 2019 & Con.cases. -33-
APPENDIX OF WP(C) 30688/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE RULE OF THE KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEE'S RULES EXHIBIT P2 TRUE COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010 EXHIBIT P3 TRUE COPY OF THE LETTER NO.3070/C5/2011/KSCSTE DATED 20.09.2011 EXHIBIT P4 TRUE COPY OF THE ORDER NO.98/2019/KSCSTE DATED 16.08.2019 EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO.12 OF 2018 IN THIS REGARD DATED 29.03.2018 EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 03/03/2018 W.P.(C) No.30688 of 2019 & Con.cases. -34-
APPENDIX OF WP(C) 13364/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXTRACT OF RULE OF KEERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEE'S RULES Exhibit P2 TRUE COPY OF THE ORDER NO.
64/2010/KSCSTE DATED 21-05-2010 AND ITS TYPED COPY Exhibit P3 TRUE COPY OF THE LETTER NO.
3070/CS/2011/KSCSTE DATED 20-09-2011 Exhibit P4 TRUE COPY OF THE ORDER NO.
98/2019/KSCSTE DATED 16-08-2019 Exhibit P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO. 12 OF 2018 IN THIS REGARD DATED 29-03-2018 Exhibit P6 TRUE COPY OF NOTIFICATION PUBLISHED BY MINISTRY OF LABOUR AND EMPLOYMENT ON 30-03-2018) Exhibit P7 TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE REGISTRAR IN CHARGE DATED 06-05-2021 Exhibit P8 TRUE COPY OF THE REPLY FROM THE REGISTRAR IN CHARGE VIDE LETTER NO. CWRDM/2084-E1 DATED 31-05-2021 Exhibit P9 TRUE COPY OF THE ORDER NO.
CWRDM/36/2020-E1 DATED 31-05-2021 Exhibit P10 TRUE COPY OF THE ORDER CWRDM/2084/2018-E1 DATED 31-05-2021 FIXING THE GRATUITY OF THE PETITIONER AS RS. 14,00,000/-
W.P.(C) No.30688 of 2019 & Con.cases. -35-
APPENDIX OF WP(C) 29452/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE EXTRACT OF RULE OF KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), EMPLOYEES RULES, EXHIBIT P2 TRUE COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010 EXHIBIT P3 TRUE COPY OF THE LETTER NO.3070/C5/2011/KSCSTE DATED 20.09.2011 EXHIBIT P4 TRUE COPY OF THE ORDER NO.98/201/KSCSTE DATED 16.08.2019 EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO.12 OF 2018 IN THIS REGARD DATED 29.03.2018 EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 30.03.2018 EXHIBIT P7 TRUE COPY OF THE RECORDS SHOWING THE ELIGIBILITY AND PAYMENT OF THE 1ST PETITIONER DATED 01.10.2019 W.P.(C) No.30688 of 2019 & Con.cases. -36-
APPENDIX OF WP(C) 30643/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE RULE OF THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEES' RULES.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010. EXHIBIT P3 TRUE COPY OF THE LETTER NO.3070/C5/2011/KSCSTE DATED 20.09.2011.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.98/2019/KSCSTE DATED 16.08.2019. EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO.12 OF 2018 IN THIS REGARD DATED 29.03.2018.
EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 30.03.2018.
W.P.(C) No.30688 of 2019 & Con.cases. -37-
APPENDIX OF WP(C) 32107/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE RULE OF THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEES RULES. EXHIBIT P2 TRUE COPY OF THE ORDER NO.
64/2010/KSCSTE DATED 21-05-2010. EXHIBIT P3 TRUE COPY OF THE LETTER NO.
3070/CS/2011/KSCSTE DATED 20-09-2011. EXHIBIT P4 TRUE COPY OF THE ORDER NO.
98/2019/KSCSTE DATED 16-08-2011. EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO. 12 OF 2018 IN THIS REGARD DATED 29-03-2018.
EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 30-03-2018.
W.P.(C) No.30688 of 2019 & Con.cases. -38-