Arunghosh K vs Kerala Agricultural University ...
2023 Latest Caselaw 704 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                    WP(C) NO. 36127 OF 2022
PETITIONERS:

    1     ARUNGHOSH K
          AGED 48 YEARS
          RESIDING AT MADHUMANGALAM, KOVOOR,
          ARINALLOOR P.O 690538
          PRESENTLY WORKING AS LDV DRIVER SENIOR GRADE
          (FORMERLY LDV DRIVER SELECTION GRADE),
          KRISHI VIJYAN KENDRA KOTTARAKKARA.
    2     PRASAD K.D
          AGED 51 YEARS
          RESIDING AT KANNAMPARAMBIL HOUSE, VALIYA
          PALLAMTHURUTHU, CHENDAMANGALAM, ERNAKULAM 683512,
          PRESENTLY WORKING AS LDV DRIVER SENIOR GRADE
          (FORMERLY LDV DRIVER SELECTION GRADE) AGRICULTURAL
          RESEARCH STATION, MANNUTHY.
    3     NAZEER T.M
          AGED 46 YEARS
          RESIDING AT THAZATHUPARAMBIL HOUSE, CHATTAMKULAM,
          PATTIKKAD THRISSUR - 680652
          WORKING AS LDV DRIVER GRADE 1
          (FORMERLY LDV DRIVER SENIOR GRADE)
          DIRECTORATE OF EXTENSION,
          KERALA AGRICULTURAL UNIVERSITY, MANNUTHY - 680652
    4     NANDAKUMAR K.R
          AGED 51 YEARS
          RESIDING AT KALLATA HOUSE, KOZHUKULLY P.O
          MOORKKANIKKARA, 680752
          WORKING AS LDV DRIVER GRADE 1 (FORMERLY LDV DRIVER
          SENIOR GRADE), CASHEW RESEARCH CENTRE,
          MADAKKATHRA, PIN - 680752
    5     SUNNY N.I
          AGED 47 YEARS
          RESIDING AT NEDIAMATTATHIL HOUSE, PATTIKKAD P.O,
          THRISSUR, WORKING AS LDV DRIVER GRADE 1
          (FORMERLY LDV DRIVER SENIOR GRADE)
          HEAD QUARTERS, KERALA AGRICULTURAL UNIVERSITY,
          VELLANIKKARA, PIN - 680652
    6     NOSHEER A.T
          AGED 48 YEARS
          RESIDING AT ARAKKAL HOUSE, GOTHURUTHU P.O, 683516
          WORKING AS LDV DRIVER GRADE 1
          (FORMERLY LDV DRIVER SENIOR GRADE)
          AGRICULTURAL RESEARCH STATION,
 WP(C) NO. 36127 OF 2022               2

             KERALA AGRICULTURAL UNIVERSITY, CHALAKUDY, PIN -
             683516
     7       RASALAM
             AGED 43 YEARS,
             RESIDING AT KADALEEVANAM, PALLIKKAL P.O
             KILIMANOOR 695604
             WORKING AS LDV DRIVER GRADE 1
             (FORMERLY LDV DRIVER SENIOR GRADE)
             AGRICULTURAL COLLEGE, VELLAYANI, PIN - 695604
     8       RATHEESH S
             AGED 42 YEARS
             RESIDING AT URUMBIL HOUSE, KOOVAPPALLY- KUDAYATHUR,
             IDUKKI, KERALA 685590
             WORKING AS LDV DRIVER GRADE 1
             (FORMERLY LDV DRIVER SENIOR GRADE)
             CARDAMOM RESEARCH STATION,
             KERALA AGRICULTURAL UNIVERSITY,
             PAMPADUMPARA, PIN - 685590
             BY ADV LEGITH T.KOTTAKKAL


RESPONDENTS:

     1     KERALA AGRICULTURAL UNIVERSITY (KAU)
           VELLAYINIKKARA, TRISSUR, KAU PO, PIN 680 656,
           REPRESENTED BY ITS REGISTRAR.
     2     VICE CHANCELLOR
           KERALA AGRICULTURAL UNIVERSITY, VELLAYINIKKARA,
           KAU PO,PIN - 680656
     3     STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           DEPARTMENT OF FINANCE GOVERNMENT OF KERALA,
           PIN - 695001.
           BY ADVS.
           SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
           (KAU)
           M.V.ANANDAN

          SMT.PARVATHY.K-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 36127 OF 2022               3

                            JUDGMENT

The petitioners impugn Ext.P6, through which, they have been

reverted to a lower post and they say that this has been done without

any notice to them and without any enquiry being conducted. They

assert that they have never been proceeded against disciplinarily in

any manner, so as to warrant any form of punishment against them;

but that Ext.P6 proceeds on a mechanical fashion, as if their earlier

promotions were irregular and illegal, when they were not so. They

thus pray that Ext.P6 be set aside.

2. In response to the afore submissions of Sri.Legith

T.Kottakkal - learned counsel for the petitioners, Sri.M.V.Anandan -

learned Standing Counsel for the 1st respondent - University,

submitted that Ext.P6 was necessitated because certain earlier

promotions given to the petitioners were found to be in error. He,

however, conceded, to a pointed question from this Court, that said

order has been issued without affording any opportunity of being

heard to the petitioners and without conduct of any enquiry.

3. In the afore circumstances and since it is now well

established, through a catena of judgments of this Court and that of

the Hon'ble Supreme Court, that no order detriment to the interests

of the petitioners, akin to Ext.P6, could have been issued without

notice to them, I am certain that it cannot find my favour.

Resultantly, I allow this writ petition and set aside Ext.P6; with

a consequential liberty being reserved to the competent respondent

to take necessary action against the petitioners if so required;

however, only after following due procedure and after notifying them

appropriately and giving them necessary opportunities of showing

cause.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/12.1

APPENDIX OF WP(C) 36127/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.

BG/A2/1911/2011 DATED 17-02-2014 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER GA/J1/4562/2014 DATED 19-12-2016 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.GA/B3/1865/2017 DATED 29-03-2017 ISSUED BY 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO GA/J1/11030/2017 DATED 10-10-2017 ISSUED BY 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO.

GA/J1/1130/2017 DATED 01-02-2020 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER GA/B3/1865/2017 DATED 23-09-2022 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER GA/J1/11020/2017 DATED 26-08-2020 ISSUED BY 1ST RESPONDENT RESPONDENTS EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE DECISION OF 514TH EXECUTIVE COMMITTEE METING HELD ON 12.02.2014.

EXHIBIT R1(B) TRUE COPYOF THE GOVERNMENT ODER G.O(MS)NO.267/2013/(162)/FIN DATED 03.06.2013.

EXHIBIT R1(C) TRUE COPY OF THE UNIVERITY ORDER NO.GA/J1/11030/2017 DATED 26.08.2020. EXHIBIT R1(D) TRUE COPY OF THE UNIVERSITY ORDER NO.GA/B3/1865/2017 DATED 23.09.2022. EXHIBIT R1(E) TRUE COPY OF THE RELEVANT PORTION OF THE 'DELIGATION OF POWER' OF THE UNIVERSITY. EXHIBIT R1(F) TRUE COPY OF THE UNIVERSITY ORDER NO.GA/J1/22871/11 DATED 01.02.2017.