Dr.P.K.Thulasidas vs State Of Kerala
2022 Latest Caselaw 11164 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                        WP(C) NO. 17759 OF 2021
PETITIONERS:

    1     DR.P.K.THULASIDAS
          AGED 62 YEARS
          S/O. P.E.KUMARAN, RESIDING AT PUTHENPURAYIL, XXI/389-A,
          DREAM NAGAR, KAMPANIPADY, KANNARA, THRISSUR-680 652.
    2     DR. P.K. CHANDRASEKHARA PILLAI
          AGED 62 YEARS
          S/O. LATE KUTTAN PILLAI, RESIDING AT VISHNU BHAVAN,
          MANNUTHY P.O., THRISSUR-680 651.
          BY ADVS.
          T.C.SURESH MENON
          B.DEEPAK


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND
          ENVIRONMENT (KSCSTE)
          REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT, SASTHRA
          BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004.
    3     KERALA FOREST RESEARCH INSTITUTE (KFRI)
          PEECHI P.O., THRISSUR-680 653, REPRESENTED BY ITS
          DIRECTOR.
    4     THE MANAGING COMMITTEE
          KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
          ENVIRONMENT, KERALA FOREST RESEARCH INSTITUTE,
          REPRESENTED BY ITS DIRECTOR, PEECHI P.O, THRISSUR-680
          653.
    5     THE REGISTRAR
          KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
          ENVIRONMENT - KERALA FOREST RESEARCH INSTITUTE, PEECHI
          P.O., THRISSUR-680 653.
          BY ADVS.
          P.C.SASIDHARAN, SC, KSCSTE
          C.K.PRASAD, SC, KERALA FOREST RESEARCH INSTITUTE
          BY SRI.M.RAJEEV-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.17759 OF 2021

                                          2




                                   JUDGMENT

Dated this the 2nd day of December, 2022

This writ petition is filed seeking the following

reliefs:

(i) call for the records leading to the passing of Ext.P2 order by the 5th respondent and quash the same in so far as the same relates to the keeping in abeyance of ratification of promotion of the petitioners;

(ii) issue a writ in the nature of mandamus directing the 2nd respondent to extend similar relief as that extended to Sri.V.P.Raveendran, in Ext.P13 order;

(iii) issue a writ in the nature of mandamus directing respondents 1 and 2 to take a final decision on the ratification of the promotion of the petitioners expeditiously;

(iv) issue a writ in the nature of mandamus directing respondents 2 and 3 to reconsider the case of the petitioners in the light of Ext.P12 judgment and the principles laid down therein."

2. Heard the learned counsel for the

petitioners and the learned Government Pleader, W.P.(C)No.17759 OF 2021

learned counsel appearing for respondents 2, 4 and

5 as well as the learned counsel for the 3 rd

respondent.

3. It is submitted by the learned counsel for

the petitioners that the petitioners have retired

from the service as Senior Scientists in the 3 rd

respondent. The 1st petitioner retired on

31.05.2019 and the 2nd petitioner retired on

31.10.2018. It is submitted that the performance

assessment interview was conducted in respect of

the petitioners on 02.03.2020 and the 3 rd

respondent decided to grant promotions to the

petitioners along with 2 other persons to the post of

Principal Scientist with retrospective effect from

01.03.2017 and 1.03.2018 respectively as

evidenced by Exhibit P1. Exhibit P2 office order was

issued on 16.07.2020, stating that ratification of the

assessment promotion of the petitioners along with W.P.(C)No.17759 OF 2021

one Sri.V.P.Raveendran was kept pending, since

there were observations in an inspection report of

the Finance Department, which is pending decision

of the Government and the Kerala State Council for

Science, Technology and Environment (KSCSTE).

Learned counsel for the petitioners submits that the

cases of the petitioners and Sri.V.P.Raveendran

were identical in nature.

4. It is submitted that Sri.V.P.Raveendran had

approached this Court against the refusal to grant

assessment promotion to him and Exhibit P12

judgment had been rendered. It was found that the

audit objections and the irregularity, if any, in grant

of promotion to the post of Scientist-B to the said

person, in the year 2002, had never been put to his

notice and that the error, if any, in the promotion

was never notified. In the above view of this

matter, this Court has set aside Exhibit P7 therein W.P.(C)No.17759 OF 2021

which is Exhibit P2 produced by the petitioners

herein and had directed the consideration of his

claim for promotion as Principal Scientist with

retrospective effect as was ordered in Exhibit P1. It

is submitted that pursuant to Exhibit P12, Exhibit

P13 order had been passed by the KSCSTE on

13.05.2021, granting the benefits to the said

Sri.V.P.Raveendran. However, it is stated in Exhibit

P13 order that the benefit is being granted as a

special case subject to the condition that it will not

be treated as a precedent to ratify any erroneous

promotions.

5. The learned counsel for the petitioners

submits that though the petitioners are identically

situated as Sri.V.P.Raveendran, only due to the fact

that the order states that it will not be treated as a

precedent, the petitioners are denied the

promotion. Learned counsel for the petitioners W.P.(C)No.17759 OF 2021

submits that the differential treatment meted out

to identically situated persons amounts to

discrimination and that the petitioners are also

entitled to the identical relief.

6. In the counter affidavit filed by

respondents 2 and 5, it is specifically stated that

the Financial Inspection Wing of the Finance

Department of the Government had submitted an

Inspection Report on 19.10.2018 wherein, it was

found that the promotion given to Sri.K.H.Hussain,

Dr.P.K.Thulasidas, Dr.P.K.Chandrasekhara Pillai,

Sri.K.K.Unni, Sri.V.P.Raveendran and Dr.K.F.George,

who were holding the post of Non-Scientific

(Technical) to Scientist post was not in order and

recommended to revert them to the original post.

It is further submitted that the case of the

petitioners is not similar to the case of

Sri.V.P.Raveendran, since there was no objection W.P.(C)No.17759 OF 2021

raised by the Inspection Wing in the case of

Sri.V.P.Raveendran.

7. A reply affidavit has also been placed on

record by the petitioners producing documents to

show that the case of the petitioners and that of

Sri.V.P.Raveendran was identical.

8. Having considered the contentions

advanced, I notice that Exhibit P1 is a proceedings

by which the petitioners herein, ie.

Dr.N.Sarojam, Dr.P.K.Thulasidas as well as

Sri.V.P.Raveendran and Dr.P.K.Chandrasekhara Pillai

had been found fit for promotion from the post of

Senior Scientist to Principal Scientist. The proposal

for promotion was sent for ratification by the

Management Committee. Thereafter, Exhibit P2

order specifically states that ratification of

assessment promotions of the following 3

Scientists against whom observation of Finance W.P.(C)No.17759 OF 2021

Department is pending decision of the

Government/KSCSTE is kept in abeyance. The 3

Scientists mentioned are specifically the petitioners

herein and Sri.V.P.Raveendran. It is therefore,

futile, to now contend that the petitioners and

Sri.V.P.Raveendran are not identically situated in the

matter of promotion as well as in the matter of their

earlier promotions being found to be erroneous by

the Financial Inspection Wing. Exhibit P12

judgment proceeded to consider the contention of

the respondents that the initial promotion granted

to the petitioner therein as Scientist-B was

erroneous. It was found that the petitioner therein

was never put on notice of the fact that there was

any error in his promotion as Scientist B. It was

also found that there were several further

promotions granted to the petitioner thereafter.

9. In the above view of the matter, Exhibit P7 W.P.(C)No.17759 OF 2021

therein which is Exhibit P2 in this writ petition was

set side and the claim of the petitioner for

promotion to the post of Principal Scientist as

directed in Exhibit P1 was directed to be

reconsidered. It was on the basis of the said

directions that Exhibit P13 order has been passed

on 13.05.2021. Though Exhibit P13 specifically

states that it shall not be treated as a precedent to

ratify any other erroneous promotions, in view of

the specific contention raised by the petitioners that

the petitioners and the beneficiary of Exhibit P13

order were identically situated, I am of the opinion

that the respondents cannot refuse to consider the

claim of the petitioners also for promotion as

Principal Scientists and for an equal treatment as

has been granted to the petitioner in Exhibit P12

judgment.

In the above view of the matter, Exhibit P2 W.P.(C)No.17759 OF 2021

in so far as it affects the petitioners in this writ

petition, shall stand set aside. There will be a

direction to the 2nd respondent to take up the claim

of the petitioners for promotion to the post of

Principal Scientists as ordered in Exhibit P1 and

pass appropriate orders on the same, taking note of

Exhibit P12 judgment and Exhibit P13 order.

Appropriate steps shall be taken within a period of

two months from the date of receipt of a copy of

this judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/02/12 W.P.(C)No.17759 OF 2021

APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.G34/KFRI/ESTT/85 PASSED BY THE 3RD RESPONDENT, DATED 6.3.2020. Exhibit P2 TRUE COPY OF THE OFFICE ORDER NO.G10/KSCSTE/KFRI/ESTT/80 PASSED BY THE 3RD RESPONDENT, DATED 16.7.2020.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.G.49/KFRI/ESTT/93 ISSUED BY THE 3RD RESPONDENT, DATED 27.2.2002. Exhibit P4 TRUE COPY OF THE INTERIM ORDER I.A.NO.15534/2008 IN WPC NO.9399/2006 ON THE FILE OF THIS HONOURABLE COURT, DATED 17.12.2008.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO.G49/KFRI/ESTT/93 ISSUED BY THE 3RD RESPONDENT, DATED 19.9.2009. Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE 7TH ANNUAL GENERAL MEETING HELD ON 19.8.2009.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO.G34/KFRI/ESTT/85 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE IST PETITIONER, DATED 26.2.2011.

Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO.GE34/KFRI/ESTT/85 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE 2ND PETITIONER, DATED 26.2.2011.

Exhibit P9 TRUE COPY OF THE PROCEEDINGS NO.G34/KFRI/ESTT/85 ISSUED BY HE 3RD RESPONDENT PROMOTING THE PETITIONERS AS SCIENTIST-EI, DATED 5.5.2018.

Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT, 22.7.2020. Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT, 23.7.2020. Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC 15177/2020-V ON THE FILE OF THIS HONOURABLE COURT, DATED 9.4.2021. Exhibit P13 TRUE COPY OF COUNCIL (M) ORDER NO.38/2021/KSCSTE ISSUED BY THE 2ND RESPONDENT, DATED 13.5.2021. Exhibit P14 TRUE COPY OF THE REQEUST MADE BY THE PETITIONERS TO THE 2ND RESPONDENT, DATED 17.5.2021. Exhibit P15 TRUE COPY OF THE COMMUNICATION NO.KSCSTE/1024/2020-C2 ISSUED BY THE MEMBER SECRETARY OF KSCSTE, DATED 28.7.2021.

Exhibit P16 TRUE COPY OF THE COMMUNICATION NO.G.34/KSCSTE/KFRI/ESTT/86 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS, DATED 5.8.2021. EXHIBIT P17 TRUE COPY OF THE DIRECTOR NOTE NO.DR20/ KSCSTE/KFRI/2020, DATED 25.2.2020. EXHIBIT P18 TRUE COPY OF THE CLARIFICATION NO.G118/ KFRI/ESTT/03/FIN., DATED 27.5.2019. EXHIBIT P19 TRUE COPY OF THE LETTER OF CLARIFICATION NO.G113/ KFRI/ESTT/03/FIN, DATED 1.7.2020 ISSUED BY THE 3RD RESPONDENT.

 SSK                       //TRUE COPY//          PA TO JUDGE