P.M.Harikumar vs Greater Cochin Department ...
2022 Latest Caselaw 1530 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
         TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                         WP(C) NO. 23833 OF 2019
PETITIONER/S:

              P.M.HARIKUMAR
              AGED 47 YEARS
              SLR (UNSKILLED WORKER) GREATER COCHIN DEPARTMENT
              AUTHORITY, KADAVANTHARA, KOCHI.
              BY ADV SRI.P.U.SHAILAJAN


RESPONDENT/S:

     1        GREATER COCHIN DEPARTMENT AUTHORITY
              REPRESENTED BY ITS SECRETARY, KOCHI - 682020
     2        THE CHAIRMAN,
              GREATER COCHIN DEVELOPMENT AUTHORITY, GCDA COMPLEX
              KADAVANTHARA, KOCHI-682020.
     3        PRINCIPAL SECRETARY TO GOVERNMENT
              LOCAL SELF GOVERNMENT (I.A) DEPARTMENT, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM - 695001.
              BY ADVS.
              SMT.MINI.V.A.
              SRI.VIPIN P.VARGHESE, SC, GCDA


OTHER PRESENT:

              GP VENUGOPAL V.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23833 OF 2019
                                  2

                         JUDGMENT

Dated this the 15th day of February, 2022 The petitioner was appointed as temporary worker

(CLR) in the Quality Control Lab of the respondent on

01.01.1997. His appointment was as helper to the Skilled

Assistant in the lab. After retirement of the then incumbent

Skilled Assistant, the said post was lying vacant. While so,

the post of Skilled Assistant was abolished by Ext.P2 order

dated 05.02.2001. The petitioner's service was later

regularised as SLR worker in the Cement Testing Laboratory

vide Ext.P4 order dated 25.08.2006. From that date

onwards, the petitioner has been discharging the duty of

Skilled Assistant in the Cement Testing Laboratory.

2. It is submitted that, abolition of the post of Skilled

Assistant in the GCDA was unwarranted, as there was

requirement of a Skilled Assistants for the GCDA. On

account of such need, the GCDA Executive Committed vide

its decision dated 28.02.2011 decided to request the WP(C) NO. 23833 OF 2019

Government to reconstitute the post of Skilled Assistant.

Accordingly, the Executive Committee, vide letter dated,

02.04.2011, requested the Government to reconstitute the

post. The Government sent reply pointing out that a decision

had been taken to make the Municipal Common Service

applicable to appointments made in the GCDA after

04.07.2006. On receipt of the reply, the GCDA furnished its

proposal to implement Special Rule, exclusively for the

GCDA. The proposal was forwarded to the Government

under letter dated 28.03.2014. As there was no positive

response from the Government, the GCDA once again

requested reconstitution of the post of Skilled Assistant.

Ultimately, the Government issued Ext.P27 communication

requesting the Secretary, GCDA, to place the matter before

the General Counsil/Executive Committee and furnish its

proposal along with relevant extract of the decision. As

contrary to the Government's request, the Chairman GCDA WP(C) NO. 23833 OF 2019

opined that the proposal need not be placed before the

Executive Committee. The writ petition is filed, aggrieved by

the refusal to consider the proposal for reconstituting the

post of Skilled Assistant.

3. Learned Standing Counsel for GCDA submits, on

instructions, that pending this writ petition, decision was

taken to place the proposal before the Executive Committee,

after the new Chairman assumes charge. It is also submitted

that the new Chairman has taken charge and the proposal

can now be placed before the Executive Committee. Hence,

the Writ Petition is closed, recording the submission that the

proposal for reconstituting the post of Skilled Assistant will

be placed in the next Executive Committee meeting of the

GCDA.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 23833 OF 2019

WP(C) NO. 23833 OF 2019

APPENDIX OF WP(C) 23833/2019

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION DATED 02.02.2019 ISSUED BY THE ADMINISTRATIVE OFFICER GCDA.

EXHIBIT P2 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 05.02.2001.

EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY GCDA TO THE SECRETARY TO THE GOVERNMENT DATED 15.12.2005.

EXHIBIT P4 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15.12.2006.

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 22.11.2010.

EXHIBIT P6 THE TRUE COPY OF THE NOTE FORWARDED BYT HE SECRETARY OF THE RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE GCDA DATED 02.04.2011. EXHIBIT P8 THE TRUE COPY OF THE DECISION OF THE EXECUTIVE COMMITTEE OF THE GCDA DATED 28.2.2011.

EXHIBIT P9 THE TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT DATED 07.07.2011. EXHIBIT P10 THE TRUE COPY OF THE LETTER DATED 10.10.2011.

EXHIBIT P11 THE TRUE COPY OF THE LETTER DATED 16.11.2011 ISSUED BY THE GOVERNMENT SECRETARY.

EXHIBIT P12 THE TRUE COPY OF THE LETTER DATED 09.12.2011 ALONG WITH THE APPENDED DRAFT SPECIAL RULES.

EXHIBIT P13 THE TRUE COPY OF THE LETTER DATED 26.05.2012 ISSUED BY THE GOVERNMENT EXHIBIT P14 THE TRUE COPY OF THE LETTER DATED 25.07.2012.

WP(C) NO. 23833 OF 2019

EXHIBIT P15 THE TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY GCDA DATED 09.10.2012. EXHIBIT P16 THE TRUE COPY OF THE KETTER DATED 22.12.2012 ISSUED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT.

EXHIBIT P17 THE TRUE COPY OF THE LETTER DATED 11.02.2013 ISSUED BY THE SECRETARY GCDA EXHIBIT P18 THE TRUE COPY OF THE THE TRUE COPY OF THE LETTER DATED 15.05.2013 ISSUED BY THE SECRETARY TO THE GOVERNMENT LSGD. EXHIBIT P19 THE TRUE COPY OF THE LETTER DATED 08.07.2013 ISSUED BY THE SECRETARY OF THE GCDA.

EXHIBIT P20 THE TRUE COPY OF THE LETTER DATED 13.03.2014 ISSUED BY THE SECRETARY TO THE GOVERNMENT.

EXHIBIT P21 THE TRUE COPY OF THE LETTER DATED 28.03.2014 ISSUED BY THE SECRETARY GCDA. EXHIBIT P22 THE TRUE COPY OF THE LETTER DATED 31.12.2014 ISSUED BY THE SECRETARY GCDA. EXHIBIT P23 THE TRUE COPY OF THE LETTER DATED 04.05.2015.

EXHIBIT P24 THE TRUE COPY OF THE LETTER DATED 21.08.2015 ISSUED BY THE SECRETARY GCDA TO TEH GOVERNMENT.

EXHIBIT P25 THE TRUE COPY OF THE LETTER DAETD 19.11.2015 ISSUED BY THE SECRETARY TO GOVERNMENT LSGD.

EXHIBIT P26 THE TRUE COPY OF THE LETTER DATED 11.12.2015 ISSUED BY THE SECRETARY GCDA. EXHIBIT P27 THE TRUE COPY OF THE LETTER DATED 09.02.2017 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT.

EXHIBIT P28 THE TRUE COPY OF THE REPRESENTATION DATED 04.08.2017.

EXHIBIT P29 THE TRUE COPY OF THE REPORT SUBMITTED BY WP(C) NO. 23833 OF 2019

THE SECRETARY GCDA BEFORE THE EXECUTIVE COMMITTEE/GENERAL COUNSIL.

EXHIBIT P30 THE TRUE COPY OF THE REPRESENTATION DATED 11.10.2018 FILED BEFORE THE 1ST RESPONDENT GCDA.

EXHIBIT P31 TRUE COPY OF THE NOTES OF THE LSG DEPARTMENT REGARDING THE RE-CONSTITUTION OF THE POST OF SKILLED ASSISTANT EXHIBIT P32 TRUE COPY OF THE NOTICE AFFIXED IN THE BOARD OF THE OFFICE OF THE 1ST RESPONDENT STATING ABOUT THE VARIOUS CHARGES FOR THE TESTING IN THE LABORATORY EXHIBIT P33 TRUE COPY OF THE GOVERNMENT ORDER DATED 23.07.2010.

Exhibit P34 TRUE COPY OF THE APPLICATION DATED 11.10.2021 SUBMITTED UNDER RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER, GCDA, KOCHI.

Exhibit P35 TRUE COPY OF THE REPLY GIVEN BY THE INFORMATION OFFICER OF THE RESPONDENT NO.1 DATED 18.11.2021.