Sheeba K.V. vs The Director
2021 Latest Caselaw 6241 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.1240 OF 2021(D)


PETITIONER:

               SHEEBA K.V., OFFICE ATTENDANT, KERALA MEDIA ACADEMY,
               KAKKANAD P.O., KOCHI-682 030.

               SRI.G.BHAGAVAT SINGH
               SRI.SUNDARESAN N.K.
               SRI.KELU BHAGAVAT

RESPONDENTS:

      1        THE DIRECTOR,
               INFORMATION AND PUBLIC RELATIONS DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        THE SECRETARY,
               KERALA MEDIA ACADEMY, KAKKANAD, KOCHI-682 030.

      3        STATE OF KERALA,
               REP BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF
               INFORMATION AND PUBLIC RELATIONS, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

               GP-SRI.SUNIL KUMAR KURIAKOSE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1240 OF 2021(D)

                                            2


                                   JUDGMENT

Dated this the 22nd day of February 2021

The petitioner, who is an Office Attendant working in the

"Kerala Media Academy", has approached this Court

impugning the Government Order dated 10.12.2019, which

has been produced on record as Ext.P19, as per which, her

request for being appointed as a Lower Division Typist (LD

Typist) has been rejected, saying that the earlier decision

taken by it cannot be reviewed.

2. The petitioner says that she is eligible and fully

qualified to be appointed as LD Typist and that

recommendations had been made by the Kerala Media

Academy to appoint her to one available vacancy, as is evident

from Exts.P9 and P15 requests made by them to the

Government. The petitioner says that as is luculent from

Ext.P15, the Kerala Media Academy has informed the

Government that, out of two posts of LD Typists, one has been

filled up by a person sponsored by the Employment Exchange,

while the other was being manned by persons either on daily

wages or on contract basis, until 07.05.2018. The petitioner

says that the Kerala Media Academy has, therefore, through WP(C).No.1240 OF 2021(D)

the said requests, recommended to the Government that she

be appointed to the said vacancy, particularly because she

had been making requests for such appointment right from

the year 2017.

3. The petitioner alleges that, however, without

considering any of these aspects, the Government has now

rejected her request merely saying that their earlier decision

cannot be reviewed and she asserts that there has been no

such "earlier decision" taken by the Government, except

Ext.P16, which is dated 27.07.2019, wherein, the only reason

stated is that, on account of the Government Order bearing

G.O.(P)No.1208/2001/Fin. dated 22.10.2001, all vacancies

that are kept vacant for over a year should be abolished.

4. The petitioner says that this Government Order is not

applicable in her case, since she had been making consistent

requests - which had been also recommended by the Kerala

Media Academy - for being appointed to the post of LD Typist

as early as from 2017; and as already seen above, the Kerala

Media Academy has reported to the Government that ever

since 07.05.2018, the said post has been kept vacant only

because the Government did not agree to her appointment WP(C).No.1240 OF 2021(D)

being considered. The petitioner, therefore, prays that the

impugned orders be set aside and the Government be

directed to reconsider her case for being appointed as an LD

Typist.

5. In response to the afore submissions made on behalf

of the petitioner by her learned counsel Sri.G.Bhagavat Singh,

Sri.Sunil Kumar Kuriakose, the learned Government Pleader,

submitted that it was a policy decision taken by the

Government as early as in the year 2001, to abolish all posts

which are kept vacant for over a year. He submitted that, as

is unmistakable from Ext.P15, the Kerala Media Academy

themselves have admitted that the post in question has been

kept vacant from 07.05.2018 and therefore, that the

petitioner cannot be appointed to the same, since it stood

abolished within a period of one year thereafter. He

submitted that, it is in such circumstances, that the

Government issued Ext.P16 and P19 orders rejecting the

petitioner's claim.

6. Even when I hear the learned Government Pleader on

the afore lines, the fact remains that, as per the Government

Order dated 22.10.2001, only posts which are kept vacant for WP(C).No.1240 OF 2021(D)

over one year requires to be abolished. However, in the case

at hand, when the petitioner made a request for being

appointed to the post of LD Typist in the year 2017, the post

was not vacant and it was being manned by either daily wage

employees or contract employees. Pertinently, the Kerala

Media Academy has informed the Government, through

Ext.P15 dated 05.02.2019, that the vacancy in question has

been kept unfilled from 07.05.2018, along with their

recommendation that the petitioner be allowed to be

appointed to the said post. At the time when Ext.P15 was

issued, obviously, one year period had not elapsed; and

indubitably, therefore, the Government could not have

rejected it through Ext.P16 on 27.07.2019, nearly 5 months

later on the ground that the post would be deemed to have

been abolished. Therefore, I cannot find favour with Ext.P16

and it is axiomatic that Ext.P19 order can also not find favour

in law.

7. This is more so because, as I have said above, since

the Kerala Media Academy had approached the Government

through Ext.P15 even within the period of one year which is

stipulated in the Government Order dated 22.10.2011, the WP(C).No.1240 OF 2021(D)

Government ought to have considered that request based on

the petitioner's application which was, concededly, made as

early as in the year 2017, but could not have rejected it solely

saying that the post stood abolished. This certainly is

inequitable and contrary to law. There can be no doubt about

this because, admittedly, Ext.P9 recommendation of the

Kerala Media Academy was made on 13.03.2017, much before

the post became vacant but this has also not been taken into

account by the Government.

8. In the afore circumstances, I am left with no doubt

that the orders rejecting the petitioner's request, namely

Exts.P16 and P19, issued by the Government cannot be

approved and that the said Authority must reconsider the

same, taking note of the recommendations of Kerala Media

Academy, including Ext.P15, as per law without any further

delay.

9. Resultantly, I order this writ petition and set aside

Exts.P16 and P19; with a consequential direction to the

Government to reconsider the petitioner's claim, taking note

of Exts.P9 and P15 recommendations of the Kerala Media

Academy, as expeditiously as is possible, but not later than WP(C).No.1240 OF 2021(D)

two months from the date of receipt of a copy of this

judgment.

I make it clear that if, for any reason, the Government

requires any fresh recommendation to be made by the Kerala

Media Academy, they are at liberty to seek so; in which event,

the said Academy will furnish such proposal without any

avoidable delay, so that the entire exercise can be completed

within the time frame fixed above.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.1240 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE GO(MS) NO 1/2012 & PRD DATED 21.1.2012 GIVING PERMANENT POSTING

EXHIBIT P2 COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AS O.A.

EXHIBIT P3 COPY OF THE DIPLOMA IN OFFICE AUTOMATION OF THE PETITIONER

EXHIBIT P4 COPY OF THE CERTIFICATE OF KGT EXAMINATION OF THE PETITIONER PASSING THE SAME IN 2ND CLASS.

EXHIBIT P5 COPY OF THE MARK SHEET OF THE KGT EXAMINATION OF THE PETITIONER

EXHIBIT P6 COPY OF THE LETTER SEEKING PERMISSION TO APPOINT THE PETITIONER IN THE EXISTING VACANT POST DATE 6.6.2016 SENT BY THE 2ND RESPONDENT

EXHIBIT P7 COPY OF THE LETTER SEEKING REPORT REGARDING THE NATURE OF THE APPOINTMENT OF THE PETITIONER

EXHIBIT P8 COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO 1ST RESPONDENT DATED 27.7.2016

EXHIBIT P9 COPY OF THE LETTER DATED 13.3.2017 ISSUED BY THE 2ND RESPONDENT TO THE DIRECTOR

EXHIBIT P10 COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 28.11.17

EXHIBIT P11 COPY OF THE LETTER DATED 6.1.2019 BY 2ND RESPONDENT TO THE 1ST RESPONDENT

EXHIBIT P12 COPY OF THE LETTER DATED 13.8.2018 ISSUED BY THE DIRECTOR TO THE 2ND RESPONDENT

EXHIBIT P13 COPY OF THE LETTER DATED 12.9.2018 OF THE SECRETARY TO THE 1ST RESPONDENT WP(C).No.1240 OF 2021(D)

EXHIBIT P14 COPY OF THE LETTER ISSUED BY THE DIRECTOR TO THE 2ND RESPONDENT DATED 1.2.2019

EXHIBIT P15 COPY OF THE LETTER OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 5.2.2019

EXHIBIT P16 COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 27.7.2019

EXHIBIT P17 COPY OF THE LETTER DATED 2.11.2019 ISSUED BY THE DIRECTOR TO THE 2ND RESPONDENT

EXHIBIT P18 COPY OF THE LETTER OF 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 19.11.2019

EXHIBIT P19 COPY OF THE LETTER OF THE DIRECTOR TO THE 2ND RESPONDENT DATED 10.12.2019

EXHIBIT P20 COPY OF THE APPLICATION OF THE PETITIONER DATED 27.12.2019 WITHOUT ENCLOSURES SUBMITTED THROUGH PROPER CHANNEL TO 3RD RESPONDENT

EXHIBIT P21 COPY OF THE GO(P) NO 1208/2001/FIN DATED 22.10.2001

EXHIBIT P22 COPY OF THE LETTER DATED 3.6.2020 ISSUED BY 2ND RESPONDENT TO THE DIRECTOR

EXHIBIT P23 COPY OF THE LETTER DATED 4.8.2020 ISSUED BY DIRECTOR OBTAINED UNDER RTI ACT

EXHIBIT P24 COPY OF THE LETTER DATED 5.9.2019 SENT BY THE 2ND RESPONDENT TO THE DIRECTOR

EXHIBIT P25 COPY OF THE LETTER DATED 19.10.2020 SENT BY THE 2ND RESPONDENT TO THE DIRECTOR

EXHIBIT P26 COPY OF THE REPRESENTATION DATED 21.10.2020 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL

EXHIBIT P27 COPY OF THE LETTER OF THE DIRECTOR TO THE 2ND RESPONDENT DATED 20.11.2020

EXHIBIT P28 COPY OF THE LETTER DATED 14.12.2020 ISSUED BY THE DIRECTOR TO THE 2ND RESPONDENT

EXHIBIT P29 COPY OF THE OBSERVATIONS IN THE AUDIT REPORT DATED 6.1.2021