Kerala High Court
K.Sivaprasad vs State Of Kerala on 10 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
OP NO. 7708 OF 2003
PETITIONER:
K.SIVAPRASAD, MANAGING DIRECTOR,
PLANTATION CORPORATION OF KERALA LTD.,
KOTTAYAM.
BY ADVS.
SRI.G.P.SHINOD
SHRI.AJIT G ANJARLEKAR
SRI.GOVIND PADMANAABHAN
SRI.RAM MOHAN.G.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM.
2 ADDL.R2: MATSYAFED (KERALA STATE CORPORATE FEDERATION
FOR FISHERIES DEVELOPMENT) REPRESENTED BY ITS MANAGING
DIRECTOR, MATSYAFED HEAD OFFICE, KAMALESWARAM, MANACAUD
P.O., THIRUVANANTHAPURAM - 695009
3 ADDL. R3: THE STATE FARMING CORPORATION OF KERALA LTD.,
(A GOVERNMENT OF KERALA UNDERTAKING), HAVING ITS
REGISTERED OFFICE AT FARM HOUSE, P.B.NO.13, VETTITHITTA
POST (VIA) ALIMUKKU, PUNALUR, KOLLAM, KERALA,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.T.P.PRADEEP, SC, MATSYAFED
SRI.DENIZEN KOMATH, SC, STATE FARMING CORPORATION OF
KERALA LIMITED
THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON
10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP NO. 7708 OF 2003
2
P.V.KUNHIKRISHNAN, J.
------------------------------
O.P.No. 7708 of 2003
----------------------------------------------
Dated this the 10th day of November, 2022
JUDGMENT
The above Original Petition is filed with the
following prayers:
"(a) call for the records leading to Ext.P5 and
issue a writ of certiorari or any other writ order or
direction quashing Ext.P5.
(b) to stay all further proceedings pursuant to
Ext.P5 pending disposal of the Original Petition.
(c) to declare that the petitioner is entitled to
retain his lein as Managing Director State Farming
Corporation of Kerala Ltd. as borne out by Ext.P2.
(d) to grant such other reliefs as this Hon'ble
Court deems fit and necessary in the interest of
justice and allow this O.P. "[SIC]
2. The Original petition is filed mainly challenging
Ext.P5 order. The brief facts are like this:
In 1987, the petitioner underwent a selection
OP NO. 7708 OF 2003
process conducted by Public Enterprises Selection Board,
Government of Kerala and in the year 1988 he was
appointed as Managing Director of State Farming
Corporation of Kerala (for short SFCK). He was
appointed on deputation basis from Matsyafed initially
for a period of 5 years which was later extended for a
further period of 2 years. The period of 7 years expired
on 16.6.1995. On 16.6.1995, the Government extended
the deputation of the petitioner until further orders. The
Matsyafed objected to the extension of deputation for
such a long period and the Government directly
addressed a letter to the Managing Director, Matsyafed
informing that steps are being taken to shift the lien of
the petitioner from Matsyafed to SFCK. Exhibit P1 is the
letter. Subsequently, as per order dated 16.8.1995, the
lien of the petitioner was shifted on a permanent basis
as Managing Director, State Farming Corporation of
Kerala Ltd., as per Exhibit P2 order on the basis of the
OP NO. 7708 OF 2003
decision of the cabinet. When the lien of the petitioner
was shifted as Managing Director of SFCK, there was no
scale of pay attached to the post of Managing Director,
SFCK. Hence the matter was taken up with the
Government and the Government after examining the
issue, fixed the scale of pay of Managing Director of
SFCK as per Ext.P3. From the above, it is clear that the
lien of the petitioner was shifted from 'Matsyafed' to
SFCK as the Managing Director and further the scale of
pay was fixed in Schedule B. As per order dated
31.12.1996, the petitioner was posted as the Managing
Director of Horticultural Products Development
Corporation on deputation. Subsequently the
Government as per order dated 24.9.1998, appointed
the petitioner as Managing Director of Kerala State Film
Development Corporation which was also on deputation.
After completing 3 years, the petitioner is posted as the
Managing Director of Plantation Corporation of Kerala
OP NO. 7708 OF 2003
Ltd. In all these deputation postings, he was drawing
the salary of the post of Managing Director of SFCK.
Subsequently, the petitioner submitted a representation
for revision of pay scale as evident by Ext.P4. In the
representation the petitioner submitted that since his
scale of pay was not revised every five years, he was
drawing a lower scale than his subordinate officers and
requested to rectify the anomaly. In the said
representation, the petitioner received a reply dated
14.2.2003 as evident by Exhibit P5. As per Ext.P5, the
lien of the petitioner was shifted to the post of General
Manager in SFCK in the scale of 10,000 - 15,150.
According to the petitioner, this is arbitrary and illegal.
It is submitted that, this order has been passed by the
Government for which nobody had a claim or dispute.
It is submitted that the issue raised in Ext.P4 is different
and Ext.P5 order has no nexus with the claim made in
Ext.P4. It is submitted that, there was no consent from
OP NO. 7708 OF 2003
the petitioner also before shifting the lien. It is also
submitted that the shifting of the lien to the post of
General Manager, SFCK is without the consent and
concurrence of the petitioner. It is specifically contented
in the writ petition that the lien to a post can not be
shifted at the whims and fancy of the Government. The
scale of pay of the post of General Manager as shown in
Ext.P5 is 10,000 - 15,150. It is the case of the
petitioner that, had the petitioner continued in
Matsyafed in 1997, the petitioner would have drawn the
scale of 14,300 - 400 - 18300. A comparative table of
the scale of pay drawn by the petitioner is extracted in
the Original Petition which is also extracted hereunder:
year Matsyafed Secretariat SFCK
Executive Addl. Secretary G.M.
(Prodn & Processing)
1984 3350-125-4100 2250-3350 (Sp.pay 200) 1950-2950
1987 3675-140-5115 2825-4095 (Sp.pay 300) 2470-3675
1992 No Revision 4200-5300 (Sp.pay 300) 3000-100-5000
1997 14300-400-18300 14000-18000 (Sp.pay 300) 10000-15150
OP NO. 7708 OF 2003
Based on the above contention, the petitioner
challenged Ext.P5 order.
3. Heard counsel appearing for the petitioner and
the counsel appearing for the additional 2nd respondent.
I also heard the learned Government Pleader who
appeared for the 1st respondent.
4. This Court perused Ext.P5 order. The
contention raised by the petitioner in this Original
petition regarding the anomaly in fixing the scale of pay
is not properly considered in Ext.P5 order. According to
me, the Government should reconsider the matter in the
light of the contentions raised by the petitioner in this
Original petition. To facilitate the Government to
reconsider the matter, Ext.P5 can be set aside.
Therefore, this Original Petition is allowed in the
following manner:
i) Ext.P5 is set aside.
ii) The 1st respondent is directed to reconsider the
OP NO. 7708 OF 2003
matter, after giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any rate,
within a period of three months from the date of
receipt of a copy of this judgment.
iii) All the contentions raised by the petitioner
in this Original petition are left open.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
OP NO. 7708 OF 2003
APPENDIX OF OP 7708/2003
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DT.30.6.1995 SENT
BY THE SECRETARY TO GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE GOVT.ORDER
NO.GO(MS)271/95/AD DT.16.8.1995
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER
NO.GO(MS)271/96/AD 16.5.1996.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DT.
11.8.2000 SENT BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER
NO.GO(MS)NO.32/2003/AD DT.14.2.2003.
EXHIBIT P6 TRUE COPY OF THE GOVT.ORDER
NO.GO(MS)175/95/ID DT.2.11.95.
EXHIBIT P7 TRUE COPY OF THE GOVT.ORDER
NO.GO.MS.22/98/PIG DATED 9.7.98.
RESPONDENT EXHIBITS
EXHIBIT R3(1) TRUE PHOTOCOPY OF GO (MS)
NO.190/88/AD DATED 03.06.1988.
EXHIBIT R3(2) TRUE PHOTOCOPY OF GO(MS) NO.390/88/AD
DATED 06.12.1988.
EXHIBIT R3(3) TRUE PHOTOCOPY OF GO(RT)
NO.1038/93/AD DATED 11.08.1993.
EXHIBIT R3(4) TRUE PHOTOCOPY OF GO(MS) NO.271/95/AD
DATED 16.08.1995.
EXHIBIT R3(5) TRUE PHOTOCOPY OF GO(MS) NO.271/96/AD
DATED 16.05.1996.
EXHIBITR3(6) TRUE PHOTOCOPY OF THE RELEVANT
OP NO. 7708 OF 2003
EXTRACT OF THE PETITIONER'S SERVICE
BOOK WITH THE ENTRY OF PAY FIXATION
STATEMENT.
EXHIBIT R3(7) TRUE PHOTOCOPY OF GO(MS)
NO.1802/96/AD DATED 31.12.1996.
EXHIBIT R3(8) TRUE PHOTOCOPY OF GO(MS) NO.22/98/PLG
DATED 09.07.1998.
EXHIBIT R3(9) TRUE PHOTOCOPY OF GO(MS) NO.47/98/CAD
DATED 24.09.1998.
EXHIBIT R3(10) TRUE PHOTOCOPY OF GO(MS)
NO.32/2003/AD DATED 14.02.2003.
EXHIBIT R3(11) TRUE PHOTOCOPY OF THE ARTICLES OF
ASSOCIATION OF THE 3RD RESPONDENT.
EXHIBIT R3(12) TRUE PHOTOCOPY OF GO(RT)
NO.230/2004/ID DATED 26.06.2004.
EXHIBIT R3(13) TRUE PHOTOCOPY OF OFFICE ORDER
NO.SFCK/PER/KSP/2952 DATED 09.10.07.
EXHIBIT R1(a) TRUE COPY OF THE OFFICE ORDER DATED
09.10.2007.
//TRUE COPY// PA TO JUDGE
