Kerala High Court
Saji P.K. vs State Of Kerala on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.9481 OF 2019(I)
PETITIONERS:
1 SAJI P.K., OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
IDUKKI, THODUPUZHA-685 584.
2 BINU P, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
ALAPPUZHA-688 001.
3 RAJESH S, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
ALAPPUZHA-688 001.
4 SAJIMON T.K, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES
OFFICE,IDUKKI,THODUPUZHA-685584
5 GEORGE KURIAKOSE, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
PALACE ROAD,THRISSUR-20
6 SHAJIMON P.S, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
PALACE ROAD, THRISSUR-20
7 MOHANDAS N.P, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES
OFFICE,CHEROOTTY ROAD, KOZHIKODE
P.O.KOZHIKODE, KOZHIKODE-673 032.
8 SUKUMARAN T, OFFICE ATTENDANT,
DISTRICT KHADI AND VILLAGE INDUSTRIES
OFFICE,CHEROOTTY ROAD, KOZHIKODE
P.O.KOZHIKODE, KOZHIKODE-673 032.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.RIYA RAYMOL IYPE
WPC 9481/19
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SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF INDUSTRIES, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
REPRESENTED BY THE CHAIRMAN, KERALA KHADI AND
VILLAGE INDUSTRIES BOARD, GRAMA SOUBHAGYA,
VANCHIYOOR, THIRUVANANTHAPURAM-695 035
3 THE SECRETARY,
KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
GRAMA SOUBHAGYA, VANCHIYOOR,
THIRUVANANTHAPURAM-695 035
R2-3 BY ADV. N.RAJAGOPALAN NAIR, SC, KERALA KHADI
AND VILLAGE INDUSTRIES BOARD
SRI. SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 9481/19
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JUDGMENT
The petitioners have approached this Court
impugning Ext.P10 order issued by the 2nd
respondent-Kerala Khadi and Village Industries
Board, wherein, they have been notified that
the Government Orders - produced as Exts.P1 and
P2 - are not applicable to them; and that,
therefore, the request for promoting them to
the post of Lower Division Clerk is not
tenable.
2. The petitioners say that Exts.P1 and
P2 Orders are applicable to the 2 nd respondent-
Board also and therefore, pray that respondents
1 to 3 be directed to promote them to the post
of LD Clerk with effect from 18.09.2018; or in
the alternative, to direct the 1st respondent-
State of Kerala to grant concurrence to extend
the benefits of Exts.P1 and P2 to the employees
of the Board with effect from 03.01.2014.
3. In response, the learned Government
WPC 9481/19
Pleader - Sri.Sunil Kumar Kuriakose, submitted
that it may not be necessary for this Court to
consider the merits of the contentions in this
Writ Petition any further because, through an
order dated 29.05.2020 - a copy of which has
been produced along with memo dated 20.11.2020
- the Government has granted concurrence for
grant of benefits under Exts.P1 and P2 Orders
to the 2nd respondent-Board also. He,
therefore, prayed that this Writ Petition be
closed on such terms.
4. Sri.N.Rajagopalan Nair - learned
Standing Counsel appearing for the 2nd
respondent-Board, submitted that since the
Government has given concurrence with effect
from 29.05.2020, his client may be allowed to
complete the process of promotion, after
verifying the credentials of all the employees
in its service, including the petitioners. He
submitted that the said process can be
WPC 9481/19
completed without any avoidable delay
hereinafter.
5. When I consider the afore submissions,
it is without doubt that until the Government
Order dated 29.05.2020 had been issued, Exts.P1
and P2 Orders cannot be construed to be
applicable to the 2nd respondent-Board.
Indubitably therefore, the petitioners cannot
seek that they be promoted with effect from
18.09.2018 or that Exts.P1 and P2 orders be
made applicable with effect from 03.01.2014,
merely because it was recommended by the 2 nd
respondent to the Government for such purpose.
6. I am, therefore, of the firm view that
in view of the concurrence granted by the
Government, the 2nd respondent should take
immediate steps to fill-up the vacancies in
terms of Exts.P1 and P2 as expeditiously as is
possible. It is so ordered.
After I dictated this judgment, Sri.Varun
WPC 9481/19
C. Vijay - learned counsel for the petitioners,
prayed that liberty be allowed to his clients
to approach the Government to have Exts.P1 and
P2 orders applied to the 2nd respondent from
the year 2014. He submitted that he is seeking
this liberty because, it is not clarified in
the latest Government Order dated 29.05.2020
whether it applies from an anterior date or
only prospectively.
Even though from a plain reading of the
order dated 29.05.2020, I cannot find any
ambiguity, I leave open the afore requested
liberty to the petitioners to approach the
Government, if they are desirous of seeking any
clarification in this issue.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 9481/19
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF GO(P) NO 1/2014/P & ARD
DATED 3.1.2014
EXHIBIT P2 TRUE COPY OF GO(P) NO 21/2014/P &
ARD DATED 19.7.2004
EXHIBIT P3 TRUE COPY OF THE ORDER NO
KI/425/2018 DATED 4.8.2018
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF
THE KERALA KHADI AND VILLAGE
INDUSTRIES BOARD (CLASSIFICATION AND
CONDITIONS OF RECRUITMENT OF STAFF)
REGULATIONS 2006
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF
THE AGENDA OF THE MEETING DATED
3.2.2014
EXHIBIT P6 TRUE COPY OF GO(RT) NO
857/2014/LABOUR DATED 27.6.2014
EXHIBIT P7 TRUE COPY OF THE RTI APPLICATION
DATED 31.10.2018
EXHIBIT P8 TRUE COPY OF THE RTI REPLY DATED
14.11.2018
EXHIBIT P9 TRUE COPY OF THE ORDER DATED
16.9.2014 ISSUED BY THE SECRETARY ,
KERALA KHADI BOARD.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED
3.8.2015
