B.Suresh Kumar vs State Of Kerala
2021 Latest Caselaw 15456 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                    WP(C) NO. 34191 OF 2017
PETITIONERS:

    1     B.SURESH KUMAR
          SENIOR MANAGER (PROJECTS),DISTRICT TOURISM PROMOTION
          COUNCIL,VELLAYAMBALAM, THIRUVANANTHAPURAM.

    2     KRISHNAN S.R.
          SENIOR MANAGER (ACCOUNTS),DISTRICT TOURISM PROMOTION
          COUNCIL,VELLAYAMBALAM,THIRUVANANTHAPURAM.

    3     B. VIJAYAN NAIR
          DRIVER CUM PEON,DISTRICT TOURISM PROMOTION
          COUNCIL,VELLAYAMBALAM,THIRUVANANTHAPURAM.

          BY ADVS.
          SRI.PIRAPPANCODE V.S.SUDHIR
          SRI.JELSON J.EDAMPADAM
          SMT.R.RANJANA



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
          ADMINISTRATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     THE SECRETARY
          THE DISTRICT TOURISM PROMOTION COUNCIL,PARK VIEW,
          THIRUVANANTHAPURAM - 695 033.

    3     THE DISTRICT COLLECTOR CHAIRMAN
          THE DISTRICT TOURISM PROMOTION COUNCIL,PARK VIEW,
          THIRUVANANTHAPURAM - 695 033.

    4     THE DIRECTOR,
          DEPARTMENT OF TOURISM, PARK VIEW , VIKAS BHAVAN
          P.O., THIRUVANANTHAPURAM- 695033.
          (Addl.R4 impleaded as per order dated 12.10.2018 in
          I.A.No.5/2018 in W.P(C)No.34191 of 2017.)

          BY ADV GOVERNMENT PLEADER
 WP(C) NO. 34191 OF 2017
                                  2




           SRI. SUNIL KUMAR KURIAKOSE - GP, SRI. ALEXY
           AUGUSTINE - SC




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 34191 OF 2017
                                   3

                            JUDGMENT

This matter has been pending before this Court

for the last more than four years and I notice that

various interim orders have also been issued.

2. However, the learned counsel for the

petitioners - Shri.Pirappancode V.S.Sudheer,

submitted that his client is now only pressing the

plea that Ext.P16 order of the District Tourism

Promotion Council (DTPC for short), be directed to

be implemented within a time frame. He submitted

that if this is ordered to be done, then his client

would not require any further relief.

3. The learned Government Pleader, Shri.Sunil

Kumar Kuriakose, however, on the other hand,

submitted that Ext.P16 appears to be improperly

issued by the DTPC - because, as is evident from

Ext.P9, the petitioners' posts were redesignated

without following due procedure, thus giving them

undue advantage. He also pointed out that when this

matter was considered by this Court on 13.01.2021, a WP(C) NO. 34191 OF 2017

learned Judge of this Court noticed these

contentions and directed the petitioners to place on

record their educational qualifications for being

appointed/redesignated as Senior Manager (Projects)

and Senior Manager (Accounts). He, therefore, prayed

that Ext.P16 be not directed to be implemented.

4. Whatever be the contentions impelled by the

learned Government Pleader, the fact remains that,

as long as Ext.P16 remains in force, it will have to

be implemented by the Authorities as per law. If the

respondents have a case that Ext.P16 is improper or

that redesignation of the posts of the petitioners

was done without following due procedure, then they

ought to have taken necessary action to either

withdraw or modify it in such manner, as is legally

permissible. Without doing either of these actions,

I am certain in my mind that it will be

impermissible for the respondents to delay

implementation of Ext.P16 merely saying that it is

illegal.

WP(C) NO. 34191 OF 2017

5. Presumably discerning my mind as afore, the

learned Government Pleader prayed that this Court

leave liberty to the respondents to review the

entire action taken by the DTPC, until the time when

Ext.P16 has been issued and that Government may be

permitted to look into these aspects as per law.

6. I do not think that it requires any specific

direction from this Court for the Authorities to act

as per the mandate of the applicable Rules and

Regulations and am certain that it will be up to

them to take any apposite decision, however, without

delaying it indefinitely.

Resultantly, I order this writ petition to the

limited extent of directing the respondents to

implement Ext.P16 within a period of six months from

the date of receipt of a copy of this judgment; and

I make it clear that competent respondents will be

at full liberty to review the entire action taken by

the DTPC until the issuance of the said order,

however, only after following due procedure and WP(C) NO. 34191 OF 2017

notifying the petitioners and hearing them as per

law.

Sd/-

DEVAN RAMACHANDRAN JUDGE

MC/26.7 WP(C) NO. 34191 OF 2017

APPENDIX OF WP(C) 34191/2017

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE G.O(P).NO.254/88/GAD DATED 28.7.2988.

EXHIBIT P2. TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING OF THE DISTRICT TOURISM PROMOTION COUNCIL, THIRUVANANTHAPURAM, HELD ON 5.6.1993.

EXHIBIT P3. TRUE COPY OF THE ORDER NO.DTPC/499/93 DATED 7.6.1993 OF THE 3RD RESPONDENT.

EXHIBIT P4. TRUE COPY OF THE NOTE DATED 22.2.1994 PUT UP BY THE 2ND RESPONDENT REQUESTING THE 3RD RESPONDENT TO SANCTION THE REVISED SCALE OF PAY, TO THE PETITIONERS.

EXHIBIT P5. TRUE COPY OF THE NOTE DATED 24.9.1999 SUBMITTED BY THE 2ND RESPONDENT, REQUESTING THE 3RD RESPONDENT TO ACCORD SANCTION FOR THE REVISED PAY SCALE OF 3050-5230, TO THE 3RD PETITIONER.

EXHIBIT P6. TRUE COPY OF THE ORDER NO.DTPC/ESST./28/99 DATED 1.3.1999N REVISING THE PAY AND ALLOWANCES OF THE 3RD PETITIONER.

EXHIBIT P7. TRUE COPY OF THE ORDER NO.DTPC/P&E-

5/2004/072 DATED 12.4.2006 OF THE 2ND RESPONDENT.

EXHIBIT P8. TRUE COPY OF THE ORDER NO.DTPC/P&E-

5/2004/98 DATED 30.5.2011 OF THE 2ND RESPONDENT.

EXHIBIT P9. TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING HELD ON 6.4.2002.

EXHIBIT P10. TRUE COPY OF THE G.O.

(RT).NO.1408/2004/WRD DATED 6.12.2004. WP(C) NO. 34191 OF 2017

EXHIBIT P11. TRUE COPY OF THE G.O.(RT).NO.745/2009/WRD DATED 10.7.2009.

EXHIBIT P12. TRUE COPY OF THE ORDER NO.DTPC/P&E-

59/2010 DATED 7.3.2011 OF THE 3RD RESPONDENT.

EXHIBIT P13. TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 26.5.2015.

EXHIBIT P14. TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 17.12.2016.

EXHIBIT P15. TRUE COPY OF THE ORDER NO.DTPC/GB & EC/5/2016 DATED 24.12.2016 OF THE 3RD RESPONDENT.

EXHIBIT P16. TRUE COPY OF THE ORDER NO.DTPC/ P&E-

5/2013 (VOL.3) DATED 31.1.2017 OF THE 2ND RESPONDENT.

EXHIBIT P17. TRUE COPY OF THE STATEMENT OF INCOME AND EXPENDITURE ACCOUNT, OF THE DISTRICT TOURISM PROMOTION COUNCIL, THIRUVANANTHAPURAM FOR THE PERIOD ENDED 31.1.2017.

EXHIBIT P18. TRUE COPY OF THE REPRESENTATION DATED 21.6.2017, SUBMITTED BY THE PETITIONERS, BEFORE THE 3RD RESPONDENT.

Exhibit P19 TRUE COPY OF THE GO(RT) NO. 333/2016/TSM DATED 15/10/2016 ALONG WITH THE LIST APPENDED TO IT.

Exhibit P20 TRUE COPY OF THE LETTER DATED 06/06/2018 F ONE SRI. B. SATHEESH KUMAR ADDRESSED TO THE PUBLIC INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCILS, WAYANAD.

Exhibit P20(A) TRUE COPY OF THE REPLY LETTER NO. D2-

91/2018/DTPC DATED 05/06/2018 OF THE PUBLIC INFORMATION OFFICER, DTPC, KALPETTA NORTH.

Exhibit P21 TRUE COPY OF THE LETTER DATED 06/06/2018 WP(C) NO. 34191 OF 2017

OF ONE SRI. B SATHEESH KUMAR ADDRESSED TO THE PUBLIC INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCILS, KOCHI.

Exhibit P21(A) TRUE COPY OF THE REPLY LETTERS NO.

227/2018/DTPC/EKM DATED 19/06/2018 OF THE PUBLIC INFORMATION OFFICER, DTPC, ERNAKULAM.

Exhibit P22 TRUE COPY OF THE LETTER DATED 06/06/2018 OF ONE SRI. B SATHEESH KUMAR ADDRESSED TO THE PUBLIC INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCILS, KOLLAM..

Exhibit P22(A) TRUE COPY OF THE REPLY LETTER NO. DTPC K/03/2018 DATED 05/07/2018 OF THE PUBLIC INFORMATION OFFICER, DTPC, KOLLAM.

Exhibit P23 TRUE COPY OF THE LETTER DATED 06/06/2018 OF ONE SRI. B SATHEESH KUMAR ADDRESSED TO THE PUBLIC INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCILS, KOZHIKODE.

Exhibit P23(A) TRUE COPY OF THE REPLY LETTER NO.

141/DTPC/KKD/18 DATED 18/06/2018 OF THE PUBLIC INFORMATION OFFICER, DTPC, KOZHIKODE.

Exhibit P24 TRUE COPY OF THE LETTER DATED 06/06/2018 OF ONE SRI. B SATHEESH KUMAR ADDRESSED TO THE PUBLIC INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCILS, THRISSUR.

Exhibit P24(A) TRUE COPY OF THE REPLY LETTER NO. DTPC 252/2018 DATED 05/07/2018 OF THE PUBLIC INFORMATION OFFICER, DTPC, THRISSUR.

Exhibit P25 TRUE COPY OF THE LETTER DATED 06/06/2018 OF ONE SRI. B SATHEESH KUMAR ADDRESSED TO THE PUBLIC INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCILS, PATHANAMTHITTA.

WP(C) NO. 34191 OF 2017

Exhibit P25(A) TRUE COPY OF THE REPLY LETTER NO.

DTPC/376/RTI-A/06 DATED 02/07/2018 OF THE PUBLIC INFORMATION OFFICER, DTPC, PATHANAMTHITTA.

Exhibit P26 TRUE COPY OF THE APPOINTMENT ORDER NO. T DTPC/C/499/93 DATED 09/06/1993, ISSUED TO THE 1ST PETITIONER.

Exhibit P27 TRUE COPY OF THE APPOINTMENT ORDER NO. T.

DTPC/CT/499/93 DATED 09/06/1993 ISSUED TO THE 2ND PETITIONER.

Exhibit P28 TRUE COPY OF THE ORDER NO. T.

DTPC/D/499/93 DATED 09/06/1993 ISSUED TO THE 3RD PETITIONER.

Exhibit P29 TRUE COPY OF THE NO. DTPC/499/93 DATED 07/06/1993 OF THE CHAIRPERSON, DISTRICT PROMOTION COUNCIL.

Exhibit P30 TRUE COPY OF THE GO(RT) NO.

10107/95/G.EDN. DATED 24/11/1995.

Exhibit P31 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO. DTPC/ESTT. 264/96 DATED 18/11/1996 OF THE DISTRICT COLLECTOR.

Exhibit P32 TRUE COPY OF THE GO(RT) NO.9216/1999/GAD DATED 14/12/1999.

Exhibit P33 TRUE COPY OF THE ORDER NO. DTPC/P&E-

45/2008/284 DATED 21/10/2008 OF THE SECRETARY, DTPC.

Exhibit P35 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND RULES OF REGULATION OF THIRUVANANTHAPURAM DISTRICT TOURISM PROMOTION COUNCIL.

Exhibit P36 TRUE COPY OF THE ORDER NO.DTPC/A&A-

36/2017 DATED 06/07/2018 OF THE 2ND RESPONDENT.

Exhibit P37 TRUE COPY OF THE MINUTE OF MEETING CONVENED ON ON 13/06/2018 IN THE CHAMBER WP(C) NO. 34191 OF 2017

OF THE CHAIRPERSON DTPC.

Exhibit P38 TRUE COPY OF THE LETTER DATED 27/06/2018 ISSUED BY THE CHARTERED ACCOUNTANT TO THE 2ND RESPONDENT.

Exhibit P38(A) TRUE COPY OF THE INCOME AND EXPENDITURE ACCOUNT FOR THE PERIOD ENDED 31/03/2018.

Exhibit P39 TRUE COPY OF THE APPLICATION DATED 12/12/2018 SUBMITTED BY THE WIFE OF THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT TO THE STATE PUBLIC INFORMATION OFFICER, DEPARTMENT OF TOURISM, PARK VIEW, VIKAS BHAVAN.

Exhibit P40 TRUE COPY OF THE REPLY LETTER NO. PIO-

1605/2018 DATED 15/12/2018 OF THE STATE PUBLIC INFORMATION OFFICER, DEPARTMENT OF TOURISM, IN RESPONSE TO EXT. P39 LETTER.

Exhibit P41 TRUE COPY OF THE REPLY DATED 20/12/2018 RECEIVED BY THE WIFE OF THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, DTPC, PALAKKAD.

Exhibit P42 TRUE COPY OF THE REPLY DATED 21/12/2018 RECEIVED BY THE WIFE OF THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, DTPC, KOLLAM.

Exhibit P43 TRUE COPY OF THE REPLY DATED 22/12/2018 RECEIVED BY THE WIFE OF THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, DTPC, ERNAKULAM.

Exhibit P44 TRUE COPY OF THE REPLY DATED 01/01/2019 RECEIVED BY THE WIFE OF THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, DTPC, THIRUVANANTHAPURAM.

Exhibit P45 TRUE COPY OF THE REPLY DATED 04/01/2019 RECEIVED BY THE WIFE OF THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, DTPC, MALAPPURAM.

WP(C) NO. 34191 OF 2017

Exhibit P46 TRUE COPY OF THE REPLY DATED 04/01/2019 RECEIVED BY THE WIFE OF THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER, DTPC, KANNUR.

Exhibit P47 TRUE COPY OF THE LETTER NO. PIO-

16015/2018 DATED 20/12/2018 OF THE STATE PUBLIC INFORMATION OFFICER, DEPARTMENT OF TOURISM ISSUED TO THE WIFE OF THE 1ST PETITIONER.

Exhibit P48 TRUE COPY OF THE PAGES 1 AND 6 OF THE SSLC BOOK OF THE 1ST APPLICANT.

Exhibit P49 TRUE COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY OF KERALA, CERTIFYING THAT THE 1ST APPLICANT HAD APPEARED FOR THE PRE- DEGREE EXAMINATION HELD IN APRIL 1990.

Exhibit P50 TRUE COPY OF THE MARK LIST CERTIFYING THAT THE 1ST APPLICANT HAD APPEARED FOR THE PRE-DEGREE EXAMINATION HELD IN APRIL 1991 AND HAD COMPLETED THE SAME.

Exhibit P51 TRUE COPY OF THE TRANSFER CERTIFICATE DATED 19/11/1999 ISSUED BY THE PRINCIPAL, UNIVERSITY EVENING COLLEGE, THIRUVANANTHAPURAM ISSUED TO THE 1ST APPLICANT.

Exhibit P52 TRUE COPY OF THE PAGES 1 AND 6 OF THE SSLC BOOK OF THE 2ND APPLICANT.

Exhibit P53 TRUE COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY OF KERALA, CERTIFYING THAT THE 2ND APPLICANT HAD APPEARED FOR THE PRE- DEGREE EXAMINATION HELD IN MARCH 1985 AND PASSED.

Exhibit P54 TRUE COPY OF THE CERTIFICATE DATED 30/01/1986, EVIDENCING THAT THE 2ND APPLICANT HAD PASSED THE TYPEWRITING ENGLISH HIGHER GRADE EXAMINATION CONDUCTED BY THE BOARD OF TECHNICAL EXAMINATIONS IN AUGUST, 1985.

Exhibit P55 TRUE COPY OF THE CERTIFICATE NO. SI WP(C) NO. 34191 OF 2017

028/2010/00665 DATED 30/08/2010, ISSUED ON BEHALF OF THE DIRECTOR OF STUDIES, THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, CERTIFYING THAT THE 2ND APPLICANT HAS COMPLETED THE INFORMATION TECHNOLOGY TRAINING COURSE.

Exhibit P56 TRUE COPY OF THE CERTIFICATE DATED 09/02/2012 ISSUED BY THE ADDITIONAL SECRETARY, EXAMINATIONS, CERTIFYING THAT THE 2ND APPLICANT HAS PASSED THE INTEGRATED PROFESSIONAL COMPETENCE EXAMINATION HELD BY THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA IN NOVEMBER 2011.

Exhibit P57 TRUE COPY OF THE APPLICATION DATED 20/03/2021 SUBMITTED BY THE WIFE OF THE 1ST PETITIONER TO THE STATE INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCIL, ERNAKULAM.

Exhibit P58 TRUE COPY OF THE APPLICATION DATED 20/03/2021 SUBMITTED BY THE 2IFE OF THE 1ST PETITIONER TO THE STATE INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCIL, WAYANAD.

Exhibit P59 TRUE COPY OF THE APPLICATION DATED 20/03/2021 SUBMITTED BY THE WIFE OF THE 1ST PETITIONER TO THE STATE INFORMATION OFFICER, DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD.

Exhibit P60 TRUE COPY OF THE LETTER NO.575/20/DTPC/ERNAKULAM DATED 30/03/2021 TO THE PUBLIC INFORMATION OFFICER, DTPC, ERNAKULAM.

Exhibit P61 TRUE COPY OF THE ORDER NO.934/DTPC/ERNAKULAM DATED 03/06/2017 OF THE CHAIRMAN, DISTRICT TOURISM PROMOTION COUNCIL, ERNAKULAM.

Exhibit P62 TRUE COPY OF THE LETTER NO.D2/91/2018/DTPC DATED 17/04/2021 OF THE PUBLIC INFORMATION OFFICER, DTPC WP(C) NO. 34191 OF 2017

KALPETTA NORTH.

Exhibit P63 TRUE COPY OF THE ORDER NO. T2-

87/2016/DTPC DATED 07/07/2017 OF THE CHAIRMAN, DISTRICT TOURISM PROMOTION COUNCIL AND DISTRICT COLLECTOR, WAYANAD.

Exhibit P64 TRUE COPY OF THE LETTER NO.

DTPC/PKD/RTI/1/2021 DATED 08/04/2021 OF THE PUBLIC INFORMATION OFFICER, DTPC, PALAKKAD.

Exhibit P65 TRUE COPY OF THE MINUTES OF THE MEETING OF THE EXECUTIVE COMMITTEE HELD ON 23/06/2018.

Exhibit P66 TRUE COPY OF THE ORDER NO.

DTPC/PKD/42/2017 DATED 03/07/2018 OF THE SECRETARY, DISTRICT TOURISM PROMOTION COUNCIL, PALAKKAD.

RESPONDENT EXHIBITS

EXHIBIT R2(A) A TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(MS) 498/99/GAD DATED 2.8.1999

EXHIBIT R2(B) A TRUE COPY OF THE AGENDA NOTE.

Exhibit R2(C) TRUE COPY OF THE LETTER DATED 13/07/2018.

Exhibit R2(D) TRUE COPY OF THE ORDER GO(MS) NO.

05/05/GAD DATED 03/01/2005.

Exhibit R2(E) TRUE COPY OF THE LETTER NO. T2-

1118/2015/DTPC DATED 30/03/2017.

Exhibit R2(F) TRUE COPY OF THE CIRCULAR NO. C2/18698/99 DATED 21/12/1999.

Exhibit R2(G) TRUE COPY OF THE LETTER NO. E4-123/2014 DATED 05/07/2014.

Exhibit R2(H) TRUE COPY OF THE LETTER NO. DTPC/E-

1/2014/798 DATED 24/02/2014. WP(C) NO. 34191 OF 2017

Exhibit R2(I) TRUE COPY OF THE ORDER NO. GO(RT) NO.8810/2013/TSM DATED 31/10/2013.

Exhibit R2(J) TRUE COPY OF THE CIRCULAR NO.E4-123/14 DATED 07/01/2014.

Exhibit R2(K) TRUE COPY OF THE LETTER NO.A6/107559/17 DATED 22/01/18.

Exhibit R2(L) TRUE COPY OF THE LETTER NO. A6/107559/17 DATED 22/01/18.

Exhibit R2(M) TRUE COPY OF THE LETTER NO. P6-4649/11 DATED 07/05/2017.

Exhibit R2(N TRUE COPY OF THE LETTER NO. DTPC/G-

184/2009/1452 DATED 15/11/2016.

Exhibit R2(O) TRUE COPY OF THE THE NO. DTPC/G-

184/200/1384 DATED 12/08/2016.

Exhibit R2(P) TRUE COPY OF THE LETTER NO. DTPC/A&A-

27/2017/79 DATED 17/02/2017.

Exhibit R3(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER.

Exhibit R3(B) TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER.

Exhibit R3(C) TRUE COPY OF APPOINTMENT ORDER OF THE 3RD PETITIONER.

Exhibit R3(D) TRUE COPY OF OFFICE ORDER NO. DTPC/P&E 98/2013 DATED 04/04/2013.

Exhibit R3(E) TRUE COPY OF THE ORDER NO. DTPC/P&E-

100/2013 DATED 23/01/2017.

Exhibit R3(F) TRUE COPY OF OFFICE ORDER NO. DTPC/P&E-

100/2013 DATED 18/11/2014.