Kerala High Court
Ardher.S vs Nikhil Promod on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Monday, the 7th day of August 2023 / 16th Sravana, 1945
WA NO. 1407 OF 2023
AGAINST THE JUDGMENT DATED 26.07.2023 IN WP(C) 8712/2023 OF THIS COURT
APPELLANT/NOT A PARTY IN THE WRIT PETITION:
ARDHER.S., AGED 34 YEARS, S/O.T.T.K.SASI, REGIONAL OFFICER
(TEMPORARY), KERALA ARTISANS DEVELOPMENT CORPORATION, REGIONAL
OFFICE, KOZHIKODE, RESIDING AT AZAD HOUSE, CHOKLI.P.O. THALASSERY,
KANNUR DISTRICT, PIN - 670672
BY ADVS. M/S.M.SASINDRAN & S.SHYAM KUMAR
RESPONDENTS/PETITIONERS & RESPONDENT:
1. NIKHIL PROMOD, S/O. P.N.PROMOD, AVITTAM, NH BYE PASS, LORDS HOSPITAL
JUNCTION, ANAYARA.P.O.,THIRUVANANTHAPURAM, PIN - 695029
2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY,INDUSTRIES
DEPARTMENT,GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
3. THE KERALA ARTISANS DEVELOPMENT CORPORATION, REPRESENTED BY ITS
MANAGING DIRECTOR, PATTOM.P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM,
PIN - 695004
4. THE MANAGING DIRECTOR, KERALA ARTISANS DEVELOPMENT CORPORATION,
PATTOM.P.O., KESAVADASAPURAM, THIRUVANANTHAPURAM, PIN-695004
5. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
BY ADV.SRI.ASHOK KUMAR FOR R1.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the judgment dated 26-07-2023
in W.P.(C)No. 8712 of 2023, pending disposal of the above Writ Appeal.
This Writ Appeal coming on for orders on 07.08.2023, upon perusing
the appeal memorandum, the court on the same day passed the following:
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
==========================================
W.A. No.1412 of 2023
[arising out of the impugned judgment dated 26.07.2023 in W.P.(C) No.30515/2022]
&
W.A. No.1407 of 2023
[arising out of the impugned judgment dated 26.07.2023 in W.P.(C) No.8712/2023]
========================================
Dated this the 07th day of August, 2023
ORDER
W.A. No.1412 of 2023:
Notice for admission in W.A. No.1412 of 2023 for R1-State has
been taken by the learned Senior Government Pleader, for R2 & R3
have been taken by Sri.K.S. Arun Kumar, learned Advocate, and for
R4-PSC has been taken by Sri.P.C. Sasidharan, learned Standing
Counsel for the Kerala Public Service Commission.
2. Sri.M.Sasindran, learned counsel, instructed by Sri.S. Shyam
Kumar, learned counsel appearing for the appellant, would submit that,
the main finding made by the learned Single Judge, as per the
impugned judgment rendered on 26.07.2023 in W.P.(C)
No.30515/2022, as if the amendment of the qualifications and
experience would be applicable not only to the method of appointment
of promotion but would also be applicable to direct recruitment, is
clearly wrong. This, the learned counsel would so submit, on the basis
of Anx.A1 G.O.(MS) No.131/ID dated 19.11.2013, issued by the
W.A. Nos.1412 & 1407 of 2023
competent authority of the State Government in the Industries
department. The appellant has invited this Court's attention to para
No.3 of the said Anx.A1 G.O.
3. From a comparison of Ext.P3 Rules of Recruitment of the 2 nd
respondent with Anx.A1, it appears that, there is force in the submission
of the appellant that, the amendment of the qualifications and the
experience parameters for the post of Regional Officer, may be only in
relation to the method of appointment of direct recruitment and may
not be to promotion. The relevant portion of Ext.P3 Rules, to the that
extent that it deals with the method of appointment and qualifications
for the post of Regional Officer, are as follows (see page No.47 of the paper
book of this appeal):-
"Sl.No. Category Methods of appointment Qualification
3 Regional 1. By Promoton from category 1. Degree/Diploma in
Officer 6 Mechanical/ Electrical/
Electronics/ Industrial/
Engineering.
2. By direct recruitment in the 1. Degree in Mechanical/
absence of suitable persons Electrical/ Electronics/
for appointment by method Industrial Engineering.
1 above
2. A minimum of 5 years
experience in the operation
and maintenance of
industrial machinery and
production techniques.
Age Limit Age limit should be specified
as 'must have completed 18
years and must not have
completed 40 years on the
W.A. Nos.1412 & 1407 of 2023
1st day of January of the
year of Notification with
usual relation to SC/ST and
OBC candidates as per rule'."
4. Paras 1, 2 & 3 of Anx.A1 G.O. (MS) No.131/ID dated
19.11.2013 reads as follows (Sl. No.2 in para No.3 thereof, which is in relation
to Project Manager may not be relevant for the present case) :-
"As per the G.O. read above, the Service Rules of Kerala Artisans' Development
Corporation Ltd. was approved.
2. As per the letter read as 2nd paper above, the Managing Director, Kerala
Artisans' Development Corporation Ltd., has requested to amend the
qualification for the post of Regional Officer as resolved by its Board meeting
held on 17.12.2008.
3. Government have examined the matter in detail in consultation with
Kerala Public Service Commission and are pleased to amend the recruitment
rules of KADCO for the post of Regional Officer and Project Manager in
KADCO, by direct recruitment as follows:-
Sl. Category Qualification
No.
1. Regional Officer 1. Degree/Diploma in Mechanical/
Electrical/ Electronics/ Industrial/
Engineering from a recognized
University.
2. MBA from a recognised University.
3. Minimum of 5 years experience in the
operation and maintenance of Industrial
machinery and production techniques.
4. Age limit should be specified as "'must
have completed 18 years and must not
have completed 40 years on the 1st day
of January of the year of Notification
with usual relation to SC/ST and OBC
candidates as per rule.'"
5. After comparison of Category No.3 (Regional Officer) of
Ext.P3 Rules with Anx.A1 amended provision, it appears that the
W.A. Nos.1412 & 1407 of 2023
amendment of the qualifications and experience may be only in relation
to direct recruitment, as far as the post of Regional Officer is concerned.
Hence, there is strong prima facie case made out by the appellant that
the contra finding made by the learned Single Judge, may not be correct.
6. Accordingly, it is ordered that the operation and
enforcement of the impugned judgment, rendered by the learned Single
Judge on 26.07.2023 in W.P.(C) No.30515/2022, will stand stayed.
7. Notice before admission in W.A. No.1407 of 2023 (writ
petitioner in W.P.(C) No.8712/2023) for R1 has been taken by
Sri.M. P. Ashok Kumar, learned Advocate, for R2-State has been taken
by the learned Senior Government Pleader, for R3 & R4 have been taken
by Sri.K.S. Arun Kumar, learned Advocate, and for R5-PSC has been
taken by Sri.P.C. Sasidharan, learned Standing Counsel for the Kerala
Public Service Commission. Service complete.
8. Sri.M. P. Ashok Kumar, learned counsel appearing for R1 in
W.A. No.1407/2023 (writ petitioner in W.P.(C) No.8712/2023), would
submit that his party has already joined duty, in pursuance of the advice
memo and appointment order issued to him, in the direct recruitment
selection conducted by the PSC.
9. Accordingly, it is ordered that the selection, advice and
appointment of R1 in W.A. No.1407/2023 (writ petitioner in W.P.(C)
W.A. Nos.1412 & 1407 of 2023
No.8712/2023), will be subject to further orders of this Court in these
appeals and will be subject to the final outcome of these appeals. The
said appellant will produce copies of the advice memo and the
appointment order given to him along with an application.
10. R1 in W.A. No.1407/2023 (writ petitioner in W.P.(C)
No.8712/2023), will be at liberty to file counter affidavit in the writ
appeal as well as the respondent PSC, the respondent Artisans
Corporation and the respondent State Government may file their
affidavits of statements in the matter.
List these appeals on 13.09.2023.
Hand over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C. JAYACHANDRAN,
JUDGE
Skk//08082023
