Ani S. Das vs State Of Kerala
2023 Latest Caselaw 2712 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                  &
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                    WP(C) NO. 29393 OF 2014
PETITIONER/S:

            ANI S. DAS
            AGED 49 YEARS
            ASSOCIATE PROFESSOR, COMMUNICATION CENTRE, KERALA
            AGRICULTURE UNIVERSITY, MANNUTHY, THRISSUR.
            RESIDING AT THEKKEMADOM, KADAKKAL P.O, KOLLAM
            DISTRICT.
            BY ADVS.
            SMT.SUMATHY DANDAPANI (SR.)
            SRI.MILLU DANDAPANI
            SRI.PREMCHAND R.NAIR


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE CHEIF SECRETARY, GOVERNMENT OF
            KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.
    2       THE PRINCIPAL SECRETARY
            ANIMAL HUSBANDARY DEPARTMENT, GOVERNMENT OF
            KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
    3       REJANISH B
            REJANISH BHAVANAM, VADAYANOORKONAM, AYIROOR,
            PERUMKADAVILLA P.O, THIRUVANANTHAPURAM 695 124.
            BY ADV. SRI. V. TEKCHAND, SR. GP.



     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   01.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 29393 of 2014
                                  -2-




                              JUDGMENT

S. Manikumar, C. J.

Being aggrieved by the interim order passed by the Kerala Lok

Ayukta in complaint No. 1314 of 2014 dated 29.10.2014, instant writ

petition is filed.

2. Short facts leading to the filing of the writ petition are as

under:-

2.1. According to the petitioner, he is a regular and permanent

employee of the Kerala Agricultural University. Petitioner is

continuing on deputation for more than 12 years. Lok Ayukta, by order

dated 29.10.2014 in complaint No. 1314 of 2014, has directed that

further extension of deputation, or any fresh appointment to be given

to the petitioner, will be subject to the outcome of the complaint, and

further orders to be passed by the Lok Ayukta in the complaint.

2.2. Petitioner has submitted that the above order, passed ex-

parte, though may look innocuous, the consequence of such a

stipulation has its own serious and far reaching adverse impact on the W. P. (C) No. 29393 of 2014

career of the petitioner, inasmuch as it acts as a retarding factor in the

petitioner's fresh appointment.

3. Record of proceedings shows that while entertaining the writ

petition, on 07.11.2014, a learned Single Judge has passed the

following order:-

"Government Pleader will get instruction. Urgent notice on admission to R3 by speed post returnable within 10 days.

In the meanwhile, it is clarified that pending disposal of the above writ petition the respondents 1 and 2 shall not restrain the petitioner in any manner from applying for any fresh appointments in any post in the Government, other than by way of deputation in the Kerala Agricultural University, on the basis of Ext. P23 order. It is further clarified that Ext. P23 order will not stand in the way of considering the petitioner for appointment in any fresh post in the Government."

4. On this day, when the matter came up for hearing, by inviting

the attention of this Court to the final order passed in the complaint,

Ms. Sumathi Dandapani, learned Senior Counsel appearing for the

petitioner, submitted that in view of the closure of the complaint,

nothing survives in this writ petition filed against the interim order.

5. Final order passed by the Lok Ayukta in complaint No. 1314

of 2014 dated 15.06.2015, reads thus:- W. P. (C) No. 29393 of 2014

"Mr. Kharim has made available for our perusal a copy of the order passed by the Hon'ble High Court in WP (C) No.29393 of 2014, a writ petition filed by the 4 th respondent wherein the Hon'ble High Court has observed that it is open to the 4 th respondent to seek appointment in any fresh post in the Government other than continuance of the deputation which is opposed by the complainant. Advocate Sanjay Mohan on behalf of the complainant's counsel Mr. Deepak submits that the complainant's grievance has now been redressed as the 4th respondent has been repatriated to his parent department. Under the above circumstances we close this complaint."

6. Order of the Lok Ayukta in complaint No. 1314 of 2014 dated

15.06.2015, shall be treated as part of record.

In view of the above order, nothing survives to be adjudicated in

the writ petition.

Accordingly, the writ petition is dismissed.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

MURALI PURUSHOTHAMAN JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 29393 of 2014

APPENDIX OF WP(C) 29393/2014

PETITIONER EXHIBITS EXHIBIT P1 COPY OF ORDER G.O(RT)NO.329/11/AD DATED 22.2.11 OF THE 2ND RESPONDENT ISSUED TO THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY AND OTHERS. EXHIBIT P2 COPY OF ORDER G.O(RT)NO.992/12/AD DATED 26.4.12 OF THE 2ND RESPONDENT ISSUED TO THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY AND OTHERS. EXHIBIT P3 COPY OF CHART SHOWING DETAILS OF PRODUCTION OF MEAT FOR THE YEARS 2010- 11, 2011-12, 2012-13 AND 2013-14. EXHIBIT P4 COPY OF CHART SHOWING DETAILS OF SALES OF MEAT FOR THE YEARS 2010-11, 2011-12, 2012-13 AND 2013-14.

EXHIBIT P5 COPY OF CHART SHOWING DETAILS OF PRODUCTION OF MEAT FOR THE YEARS 2010- 11, 2011-12, 2012-13 AND 2013-14 IN KERALA FEEDS LIMITED.

EXHIBIT P6 COPY OF CHART SHOWING DETAILS OF SALES OF MEAT FOR THE YEARS 2010-11, 2011-12, 2012-13 AND 2013-14 IN KERALA FEEDS LIMITED.

EXHIBIT P7 COPY OF CHART SHOWING DETAILS OF SALES OF ANIAL FEEDS FOR 6 MONTHS FOR THE YEARS 2013-14 (SEPTEMBER) AND 2014-15 (SEPTEMBER) IN KERALA FEEDS LIMITED. EXHIBIT P8 COPY OF CHART SHOWING DETAILS OF SALES OF ANIMAL FEEDS DURING 2010-11, 2011-12, 2012-13 AND 2013-14 AND 2014-15 (TILL SEPTEMBER) IN KERALA FEEDS LIMITED. EXHIBIT P9 COPY OF NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 1.11.14. EXHIBIT P10 COPY OF NEWS REPORT PUBLISHED IN MADHYAMAM DAILY DATED 21.8.14.

EXHIBIT P11 COPY OF NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 21.8.14. EXHIBIT P12 COPY OF NEWS REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 21.8.14. EXHIBIT P13 COPY OF NEWS REPORT PUBLISHED IN MADYAMAM DAILY DATED 21.9.14.

EXHIBIT P14 COPY OF NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 21.9.14. W. P. (C) No. 29393 of 2014

EXHIBIT P15 COPY OF NEWS REPORT PUBLISHED IN KERALA KAUMUDI DAILY DATED 3.10.14.

EXHIBIT P16 COPY OF THE LETTER DATED 2.11.12 OF BIRGIT RISCH TO THE PETITIONER.

EXHIBIT P17 COPY OF LETTER DATED 18.10.12 OF MARTINA WUTKE, FEDERAL MINISTRY OF FOOD, AGRICULTURE, BERLIN.

EXHIBIT P18 COPY OF ORDER G.O(RT)NO.2298/12/AD DATED 28.11.12 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER AND OTHERS.

EXHIBIT P19 COPY OF ORDER G.O(RT)NO.5866/2013/GAD DATED 17.7.13 OF THE IST RESPONDENT ISSUED TO THE RESIDENT COMMISSIONER, AND OTHERS.

EXHIBIT P20 COPY OF ORDER G.O(RT)NO.1401/2013/AD DATED 24.7.13 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER.

EXHIBIT P21 COPY OF ORDER G.O(RT)NO.1949/13/AD DATED 7.11.13 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER.

EXHIBIT P22 COPY OF COMPLAINT NO.1314MOF 2014 D DATED 28.10.14 PREFERRED BY THE PETITIONER BEFORE LOK AYUKTA.

EXHIBIT P23 OPY OF ORDER RENDERED BY LOK AYUKTA IN 000 COMPLAINT NO.1314MOF 2014 D ON 29.10.14.

EXHIBIT P24 COPY OF ORDER KFL/2072/12/4331/14 DATED 1.11.14 OF KERALA FEEDS LTD.

EXHIBIT P25 COPY OF ORDER GS/C1/10891/2008 DATED 1.11.14 OF THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY TO THE PETITIONER.

EXHIBIT P26 COPY OF LETTER NO.8744/A4/13/IMG DATED 4.11.14 OF TINKU BISWAL TO THE PETITIONER.

EXHIBIT P27 COPY OF CERTIFICATE DATED 19.11.11 ISSUED TO THE PETITIONER.