Kerala High Court
S.Hari vs Kerala Small Industries ... on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 16732 OF 2021
PETITIONER:
S.HARI, MANAGER (MARKETING),
KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
LIMITED, SIDCO SALES EMPORIUM, KOTTAYAM.
BY ADVS.AYSHA YOUSEFF
MOLLY JACOB
JOBY.A.THAMPI(K/1167/2001)
M.KABANI DINESH
RABIA BEEGAM T.K.
C.M.EBRAHIM
SHOUKATH HUSAIN
RESPONDENTS:
1 KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED
(SIDCO), REPRESENTED BY THE MANAGING DIRECTOR,
HEAD OFFICE, P.B.NO.50, HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM-695001.
2 THE MANAGING DIRECTOR,
KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
LIMITED, HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
3 THE ADMINISTRATIVE OFFICER, KERALA SMALL INDUSTRIES
DEVELOPMENT CORPORATION LIMITED, P.B.NO.50,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
4 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADV BIJU G., SC, SIDCO
SMT.K.G.SAROJINI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16732 OF 2021
-2-
JUDGMENT
The petitioner applied for being appointed
as Manager (Marketing) in the services of the 1st
respondent - Kerala Small Industries Development
Corporation Limited ('SIDCO', for short), and
was included as No.1 in the Rank List, as
evident from Ext.P5. He says that he was
thereupon appointed substantively through Ext.P6
as early as on 25.09.2014; but that his
probation has been refused to be declared for
nearly nine years now, without assigning any
reason.
2. The petitioner thus prays that competent
Authority of the 1st respondent be directed to
declare his probation and to give him all
consequential benefits, from the date on which
he was eligible for it, without any further
delay.
3. Sri.G.Biju - learned Standing Counsel
WP(C) NO. 16732 OF 2021
for the 1st respondent, however, submitted that
the claim of the petitioner has already been
considered by the competent Authority of the 1 st
respondent, as luculent from their proceedings
dated 04.07.2023, produced on record along with
memo dated 10.07.2023. He submitted that this
was done in terms of the interim order issued by
this Court in this writ petition; and that the
Managing Director of SIDCO has found that the
petitioner's claim for regularization in the
post in question is not capable of being acceded
to, because there is a Vigilance Inquiry
pending against the entire selection process. He
argued that, therefore, the request of the
petitioner for declaration of probation at this
point of time is not merely untenable but
impermissible.
4. I have examined the proceedings of the
SIDCO, dated 04.07.2023, issued by its Managing
WP(C) NO. 16732 OF 2021
Director, purportedly issued in terms of the
interim order of this Court dated 12.04.2023.
5. As rightly argued by Sri.G.Biju, the
aforesaid proceedings has rejected the
petitioner's claim solely on the ground that
there is a Vigilance Inquiry pending against the
selection process. It is also adscititiously
stated therein that there is no vacancy
sanctioned by the Government in the services of
the 'SIDCO', for the petitioner to be
accommodated.
6. I am afraid that the afore two reasons
in the order in question cannot appeal to this
Court at all, because: for one, it is conceded
unreservedly before this Court by the learned
Standing Counsel for the 'SIDCO' - and as is
also evident from the said order itself - there
is at least one post that has been sanctioned by
the Government, and the petitioner is No.1 in
WP(C) NO. 16732 OF 2021
Ext.P5 Rank List. Why his appointment has,
therefore, not been ratified is a matter that
can only be left to surmise.
7. For the second, the mere factum of a
Vigilance Inquiry pending against the selection
process, without any conclusion having been
arrived at therein, would not be a ground to
deny the legitimate rights of persons like the
petitioner.
8. I am, therefore, of the firm view that
the order now issued by the Managing Director on
04.07.2023 cannot obtain the imprimatur of this
Court.
9. On sensing the mind of this Court as
afore, Sri.G.Biju - learned Standing Counsel for
the 'SIDCO', submitted that, if this Court is
not inclined to accept the afore order, then
liberty may be reserved to the Managing Director
of the 'SIDCO' to reconsider the petitioner's
WP(C) NO. 16732 OF 2021
claim, adverting to the afore observations.
In the afore circumstances, I order this
writ petition and direct the Managing Director,
or such other competent Authority of the 1 st
respondent, to reconsider the claim of the
petitioner, adverting to the fact that there is
at least one post of Manager which has been
sanctioned by the Government and that the
petitioner is included as No.1 in Ext.P5 Rank
List, dehors the factum of the Vigilance Inquiry
now pending.
The afore exercise shall be completed, after
hearing the petitioner, as also any other person
who may be deserving of being heard; thus
culminating in an appropriate order and
necessary action thereon, as expeditiously as is
possible, but not later than one month from the
date of receipt of a copy of this judgment.
Needless to say, if, through the afore
WP(C) NO. 16732 OF 2021
exercise, the petitioner is found eligible to be
granted the benefits of declaration of
probation, it shall be done from the date on
which it was found entitled to him; and all
consequential benefits shall also be made
available to him without any avoidable delay,
but not later than two months thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 16732 OF 2021
APPENDIX OF WP(C) 16732/2021
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE NOTIFICATION
KNO.PER(1)/ 1238/2010 DATED 25-5-2012
PUBLISHED IN THE MATHRUBHUMI DAILY
INVITING APPLICATIONS FOR VARIOUS
POSTS IN THE MANGERIAL CADRE IN SIDCO
EXHIBIT P2 PHOTOCOPY OF THE LETTER DATED 17-10-
2013 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER TO PRODUCE THE
CERTIFICATES.
EXHIBIT P3 PHOTOCOPY OF THE LETTER DATED
05.04.2014 ISSUED BY THE 2ND
RESPONDENT INVITING THE PETITIONER FOR
A GROUP DISCUSSION ON 26-04-2014.
EXHIBIT P4 PHOTO COPY OF THE CALL LETTER DTD.
2.6.2014 ISSUED BY THE 4TH RESPONDENT
TO PETITIONER FOR AN INTERVIEW NO
20.06.2014.
EXHIBIT P5 PHOTO COPY OF THE RELEVANT PORTION OF
THE RANK LIST OF
MANAGER(MARKETING)PREPARED BASED ON
MERIT OF THE CANDIDATES.
EXHIBIT P6 PHOTOCOPY OF THE APPOINTMENT ORDER
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 25.9.2014 APPOINTING
THE PETITIONER AS MANAGER(MARKETING).
EXHIBIT P7 RELEVANT EXTRACT OF KERALA SMALL
INDUSTRIES DEVELOPMENT CORPORATION
STAFF REGULATIONS WITH REGARD TO
CONFIRMATION AND INCREMENT.
EXHIBIT P8 PHOTOCOPY OF THE STATEMENT GRANTING
THE ANNUAL INCREMENT TO THE PETITIONER
WP(C) NO. 16732 OF 2021
ON 27-09-2015.
EXHIBIT P9 PHOTO COPY OF THE STATEMENT GRANTING
ANNUAL INCREMENT TO THE PETITIONER ON
01.09.2016.
EXHIBIT P10 PHOTO COPY OF THE LEAVE SANCTION
ORDERS DATED 15-2-2016 AND 04/10/2016.
EXHIBIT P11 PHOTO COPY OF PROCEEDINGS
NO.PER(2)/9982/2016 DATED 01-11-2016
OF 3RD RESPONDENT SANCTIONING OF
EARNED LEAVE SALARY FOR 30 DAYS.
EXHIBIT P12 PHOTO COPY OF PROCEEDINGS
NO.PER(2)/9982/2016 DATED 01-11-2016
OF 3RD RESPONDENT CANCELLING
SANCTIONING OF THE LEAVE SURRENDER
SALARY AS PER EXT.P 11.
EXHIBIT P13 PHOTO COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT ON 10-11-2016 REQUESTING
FOR REVOCATION OF EXT.P12.
EXHIBIT P14 PHOTO COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
CHAIRMAN OF 1ST RESPONDENT ON 24-03-
EXHIBIT P15 PHOTO COPY OF ANOTHER REPRESENTATION
DATED 28.09.2017 SUBMITTED BY
PETITIONER BEFORE THE CHAIRMAN OF 1ST
RESPONDENT FOR DECLARATION OF
PROBATION AND SANCTIONING OF ANNUAL
INCREMENTS AND LEAVE BENEFITS.
EXHIBIT P16 PHOTO COPY OF THE REPRESENTATION DATED
29-06-2020 SUBMITTED TO THE 1ST
RESPONDENT REQUESTING DECLARATION OF
PROBATION AND GRANTING OF ANNUAL
INCREMENTS DUE ON 2017, 2018 AND 2019.
WP(C) NO. 16732 OF 2021
EXHIBIT P17 PHOTO COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C)NO.9326 OF 2021
DIRECTING THE SECOND RESPONDENT TO
TAKE APPROPRIATE DECISION ON EXHIBIT
P16 AND TO HEAR THE PETITIONER.
EXHIBIT P18 PHOTOCOPY OF THE LETTER FROM 3RD
RESPONDENT TO THE PETITIONER INFORMING
NOT TO REGULARISE THE SERVICE THE
SERVICE OF EMPLOYEES AS PER GOVERNMENT
LETTER AND AS SUCH SIDCO CANNOT
DECLARE THE PROBATION
EXHIBIT P19 PHOTO COPY OF THE GOVERNMENT LETTER
STATED IN EXHIBIT P18.
EXHIBIT P20 PHOTOCOPY OF THE GOVERNMENT ORDER
DATED 24-5-2010 ISSUED BY THE 4TH
RESPONDENT APPROVAL FOR THE
RECRUITMENT OF PERSONNEL INCLUDING THE
POST HELD BY THE PETITIONER.
EXHIBIT P21 PHOTOCOPY OF THE GOVERNMENT ORDER 8-1-
2015 ISSUED BY THE 4TH RESPONDENT
FIXING THE STAFF STRENGTH OF THE
CORPORATION ALONG WITH RE-DESIGNATION
OF POSTS.
EXHIBIT P22 PHOTO COPY OF THE PROCEEDINGS OF THE
THIRD RESPONDENT DATED 12.2.2021
DECLARING THE PROBATION OF ONE BABEESH
E.P. WHO JOINED AS CNC OPERATOR ON 10-
10-2012.
EXHIBIT P23 TRUE COPY OF THE LETTER OF THE
PETITIONER ADDRESSED TO THE STATE
PUBLIC INFORMATION OFFICER VIGILANCE
AND ANTI-CORRUPTION BUREAU
EXHIBIT P23(a) THE LETTER DATED 29-12-2021 ISSUED BY
THE DEPUTY POLICE SUPERINTENDENT (HQ)
VIGILANCE AND ANTI-CORRUPTION BUREAU
WP(C) NO. 16732 OF 2021
EXHIBIT P24 PHOTOCOPY OF THE G.O.(MS) 2/2015/ID
DATED 8/1/2015
RESPONDENTS EXHIBITS
ANNEXURE R1(a) TRUE COPY OF THE GOVERNMENT ORDER
G.O(MS) NO.73/2015/ID DATED 23.05.2015
SANCTIONING PROSECUTION SANCTION TO
PROSECUTE THE FORMER MANAGING DIRECTOR
OF SIDCO.
