Kerala High Court

Shaji. M.K vs State Of Kerala on 2 May, 2023

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                 WP(C) NO. 5169 OF 2021
PETITIONER:

         SHAIJU B.
         VEHICLE HELPER, KALLALA ESTATE,
         PLANTATION CORPORATION OF KERALA LIMITED,
         ERNAKULAM DISTRICT, RESIDING AT ETTUNGAPPADY
         HOUSE, AYYAMPUZHA P.O., ERNAKULAM-683581.

         BY ADVS.
         C.ANIL KUMAR
         SMT.A.K.PREETHA


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         DEPARTMENT OF AGRICULTURE, SECRETARIAT,
         THIRUVANANTHAPURAM-695001.
    2    PLANTATION CORPORATION OF KERALA LIMITED,
         REGISTERED OFFICE, KOTTAYAM-686004,
         REPRESENTED BY ITS MANAGING DIRECTOR.
    3    SHYJU C.S.,
         CHITTINAPPILLY HOUSE, AYYAMPUZHA P.O.,
         ERNAKULAM-683581.
    4    SHIBU K.N.,
         VEHICLE HELPER, ATHIRAPILLY ESTATE,
         PLANTATION CORPORATION OF KERALA,
         ERNAKULAM-680724.

         BY ADVS.
         SRI.N.RAJESH
         SRI.M.R.RAJESH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.05.2023, ALONG WITH WP(C).5781/2021,
25336/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.5169, 5781 & 25336 of 2021
                                  :2:




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                     WP(C) NO. 5781 OF 2021
PETITIONER:

           SANJAYAN K.S.
           AGED 39 YEARS
           S/O.SUGATHAN, RESIDING AT ARUMURIPARAMBU,
           ANDHAKARANAZHI P.O., CHERTHALA,
           ALAPPUZHA-688 531

           BY ADVS.
           P.G.JAYASHANKAR
           KUM.P.K.RESHMA (KALARICKAL)
           SMT.REVATHY P. MANOHARAN
           SHRI.S.RAJEEV


RESPONDENTS:

     1     PLANTATION CORPORATION OF KERALA LTD.
           MUTTAMBALAM P.O., KOTTAYAM, KERALA-688 004,
           REP.BY ITS MANAGING DIRECTOR
     2     MANAGING DIRECTOR
           PLANTATION CORPORATION OF KERALA LTD.,
           MUTTAMBALAM P.O., KOTTAYAM, KERALA-688 004

           BY ADV SRI.RAJESH N., SC, PLANTATION
           CORPORATION OF KERALA LTD.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.05.2023, ALONG WITH WP(C).5169/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.5169, 5781 & 25336 of 2021
                                  :3:




          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                    WP(C) NO. 25336 OF 2021
PETITIONER:

           SHAJI. M.K,
           AGED 43 YEARS
           S/O. KANARAN, MAZHUTHAN KUNNUMEL HOUSE,
           ERAVATTUR P.O, PERAMBRA, KOZHIKODE, DRIVER,
           PLANTATION CORPORATION KERALA LIMITED,
           MULLIYAR P.O, KASARAGOD DISTRICT.

           BY ADV BIJU.P.N.


RESPONDENTS:

     1     STATE OF KERALA,
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           DEPARTMENT OF AGRICULTURE, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001
     2     MANAGING DIRECTOR,
           THE PLANTATION CORPORATION KERALA LIMITED,
           (GOVERNMENT OF KERALA UNDERTAKING),
           REGISTERD OFFICE, KOTTAYAM,
           REPRESENTED BY ITS MANAGING DIRECTOR,
           THE PLANTATION CORPORATION OF KERALA-686 004

           BY ADV SRI.RAJESH N., SC, PLANTATION
           CORPORATION OF KERALA LTD.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.05.2023, ALONG WITH WP(C).5169/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) Nos.5169, 5781 & 25336 of 2021
                                  :4:




                            N. NAGARESH, J.

           `````````````````````````````````````````````````````````````
           W.P.(C) Nos.5169, 5781 and 25336 of 2021

           `````````````````````````````````````````````````````````````
                  Dated this the 2nd day of May, 2023


                             JUDGMENT

~~~~~~~~~

The petitioners in W.P.(C) Nos.5169 and 5781 of

2021 are aggrieved by the orders passed by the Plantation

Corporation of Kerala Limited reverting them from the post of

Vehicle Helper to the post of Estate Workers. The petitioner

in W.P.(C) No.25336 of 2021 seeks to reappoint him as

Vehicle Helper and to sanction pay and allowances attached

to the post for the period 2015 to 2021. The exhibits are

referred to as they are marked in W.P.(C) No.5169 of 2021,

for convenience.

2. While the petitioners were working as Estate

Workers under the Plantation Corporation of Kerala Limited,

the Corporation on 27.06.2013 invited applications from W.P.(C) Nos.5169, 5781 & 25336 of 2021

eligible permanent workers for appointment to the post of

Vehicle Helper. The petitioners state that they satisfied the

qualifications and eligibility conditions for appointment and

hence submitted applications for appointment as Vehicle

Helper.

3. A written test was conducted and a rank list was

drawn on 15.12.2014. In the final marks awarded, an

element of "written test weightage" was added. The

petitioners state that grant of such weightage had no rational

basis. The petitioner in W.P.(C) No.5169 of 2021 and certain

others therefore filed W.P.(C) No.22083 of 2015. This Court

heard the matter along with W.P.(C) No.10965 of 2015 and

connected cases and quashed the rank list and directed the

Company to redraw the same, as per Ext.P1 judgment dated

05.06.2018.

4. Aggrieved employees filed W.A. No.1626 of 2018

and connected cases. The Writ Appeals filed against Ext.P1

judgment were dismissed on 25.10.2018 as per Ext.P2

judgment. Thereafter, Ext.P3 rank list was drawn on W.P.(C) Nos.5169, 5781 & 25336 of 2021

22.01.2019 based on the directions contained in Ext.P1

judgment. The petitioners would contend that while

redrawing the rank list, the number of posts of Vehicle

Helpers was reduced from 22 to 12. The petitioner in W.P.

rank list. The petitioners were thereafter appointed as

Vehicle Helpers in the year 2019 as per Ext.P6, reverting ten

other Vehicle Helpers.

5. One Biju K.P. and another filed W.P.(C) No.26722

of 2019 challenging the reversions and appointments made

as per Ext.P6. This Court found that the petitioners in W.P.

appointment as Vehicle Helpers. This Court set aside Ext.P6

order. The Company was directed to rework the

appointments following communal reservation, as per Ext.P7

judgment.

6. According to the petitioners, the Company revised

the select list purportedly pursuant to Ext.P7 judgment, but

without rectifying the anomaly pointed out by the petitioners. W.P.(C) Nos.5169, 5781 & 25336 of 2021

As a bolt from the blue, the petitioners were served with

orders reverting them to the feeder category of Estate

Worker. Aggrieved by the said reversion, the petitioners are

before this Court.

7. The counsel for the petitioners argued that they

were not parties to Ext.P7 judgment and therefore before

reverting the petitioners from the post of Vehicle Helper they

should have been granted an opportunity of hearing. If the

inter se seniority between certain candidates was adjusted,

the petitioners would have got appointment as Vehicle

Helper.

8. When the petitioners were appointed as Vehicle

Helpers, they were working as Drivers. The order of

reversion does not result in change in duty. Therefore, there

is no justification for reversion condemning the petitioners to

draw a lesser pay. The petitioners therefore prayed that the

orders of reversion be set aside, proper seniority position

may be assigned to the candidates and to sanction and

disburse pay and allowance attached to the post of Vehicle W.P.(C) Nos.5169, 5781 & 25336 of 2021

Helper for the period from 2015 to 2021.

9. The Plantation Corporation of Kerala Limited filed

counter affidavit in the writ petitions. It is submitted that

pursuant to the employment notification dated 27.06.2013,

the Corporation received 92 applications from permanent

employees. 86 persons qualified for the interview. 84

persons appeared in the interview. The candidates were

awarded weightage marks. This Court quashed the rank list

and directed to redraw the same as per Ext.P1 judgment.

Writ Appeals preferred against the judgments were

dismissed, as per Ext.P2.

10. Thereafter, the rank list was redrawn and

appointments to the post of Vehicle Helpers were made. The

said appointments were again challenged in writ petitions.

This Court gave further directions. The Corporation therefore

revised the rank list. Certain employees challenged the

revised rank list filing W.P.(C) No.2660/2019. Certain other

candidates filed W.P.(C) No.3509/2019 seeking to fill up 23

vacancies of Vehicle Helpers. W.P.(C) No.3509/2019 was W.P.(C) Nos.5169, 5781 & 25336 of 2021

dismissed. The orders of reversion made by the Corporation

were strictly in accordance with the directions given by this

Court, contended the Standing Counsel for the Corporation.

11. I have heard the learned counsel for the

petitioners and the learned Standing Counsel representing

the Corporation.

12. The Corporation initiated proceedings for filling up

the vacancies of Vehicle Helpers in the year 2013 and a rank

list was drawn on 15.12.2014. The said rank list was

challenged by certain employees in W.P.(C) No.10965 of

2015 and connected cases. A learned Single Judge of this

Court found that "the written test weightage" awarded to the

candidates in the rank list by the Corporation is illegal and

unsustainable. By Ext.P1 judgment dated 05.06.2018 in

W.P.(C) No.10965 of 2015 and connected cases, this Court

quashed the rank list and directed the Corporation to take

emergent steps to redraw the rank list in accordance with the

Rules on the basis of the marks in the written test, in the

interview, the attendance and seniority, in tune with the W.P.(C) Nos.5169, 5781 & 25336 of 2021

Notification. Ext.P1 judgment was challenged in Writ Appeal.

W.A. No.1626 of 2018 and connected cases were dismissed

by this Court as per Ext.P2 judgment dated 25.10.2018. The

Corporation thereafter redrew the rank list and a revised rank

list was published.

13. The revised rank list and consequential reversion

orders were challenged by certain candidates filing W.P.(C)

No.26722 of 2019. This Court found that the revised rank list

was erroneous. This Court found that the said rank list is

prepared not in accordance with the provisions of Rules 14 to

17 of Part II KS&SSR relating to communal reservation. This

Court as per Ext.P7 judgment set aside the reversion order

and directed to rework the appointments retaining the rank

list and following Rules 14 to 17 of the KS&SSR. It is based

on the judgments of this Court that the Corporation has

reworked the appointments.

14. I find that the reversion orders imposed on the

petitioners are inevitable consequence of the implementation

of Ext.P7 judgment of this Court. The process of selection W.P.(C) Nos.5169, 5781 & 25336 of 2021

started in the year 2013. A number of litigations were

pending before this Court at every stage of selection. Finally,

this Court directed the Corporation to rework the

appointments maintaining the rank list. The impugned

reversion orders are natural consequences of

implementation of the directions of this Court.

15. The petitioners have a case that they were not

issued with any show-cause notice before reversion and a

reasonable opportunity to defend reversion orders was

denied to them and the impugned orders are therefore

passed in violation of the principles of natural justice and

hence liable to be set aside. I find that the Corporation has

only followed the directions given by this Court in Ext.P7

judgment.

16. Apart from alleging that the reversion is illegal, the

petitioners have not succeeded in establishing that the

respondents have violated any norms of appointment or

directions of this Court. Though the petitioners allege that if

the rank list was drawn properly, their reversions could have W.P.(C) Nos.5169, 5781 & 25336 of 2021

been averted. However, there is material on record to come

to such conclusion. In the facts and circumstances of the

case, grant of opportunity of hearing to the petitioners would

be an empty formality.

17. If the petitioners were aggrieved by the judgment

or directions given by this Court in W.P.(C) No.26722 of

2019, the remedy available to the petitioners is to seek

review of those judgments. The petitioners cannot

collaterally challenge the directions given by this Court in

W.P.(C) No.26722 of 2019 by filing fresh writ petitions.

The writ petitions are therefore found to be without

any merit and they are accordingly dismissed.

Sd/-

N. NAGARESH, JUDGE aks/20.04.2023 W.P.(C) Nos.5169, 5781 & 25336 of 2021

APPENDIX OF WP(C) 5169/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 05.06.2018 IN WP(C)NO.22083 OF 2015. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 25.10.2018 IN W.A.NO.1684/2018 AND CONNECTED CASES.

EXHIBIT P3 TRUE COPY OF THE RANK LIST PREPARED BY THE 2ND RESPONDENT FOR VEHICLE HELPERS APPOINTMENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 06.03.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P5            TRUE COPY OF THE REPRESENTATION DATED
                      23.09.2019    SUBMITTED   BY   THE   4TH
                      RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P6            TRUE COPY OF THE ORDER NO.MD/F-

302/2723 DATED 03.10.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 13.01.2021 IN W.P.(C)NO.26722 OF 2019.

EXHIBIT P8            TRUE     COPY      OF     THE     LETTER
                      NO.RTI/10/20/2043     DATED   02.08.2019

ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.P AND A/F/3930 DATED 18.02.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 24.02.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS

EXHIBIT R2(A) TRUE COPY OF NOTICE BEARING NO.P&A/F/121/1948 DATED 27.06.2013 INVITING APPLICATIONS TO THE POST OF VEHICLE HELPERS W.P.(C) Nos.5169, 5781 & 25336 of 2021

EXHIBIT R2(B) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 26.9.2019 IN WPC NO.3509/2019 EXHIBIT R2(C) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 12.3.2020 IN WRIT APPEAL NO.32/2020 EXHIBIT R2(D) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 31.3.2021 IN WRIT APPEAL NO.454/2021 W.P.(C) Nos.5169, 5781 & 25336 of 2021

APPENDIX OF WP(C) 5781/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION BEARING NO.P AND A/F/121/1948 DATED 27.6.2013 ISSUED BY THE 2ND RESPONDENT INVITING APPLICATIONS TO THE POST OF VEHICLE HELPER EXHIBIT P2 TRUE COPY OF THE LETTER BEARING NO.P AND A/F/7368 DATED 26.3.2015, APPOINTING THE PETITIONER AS THE VEHICLE HELPER IN KODUMON ESTATE.

EXHIBIT P3            TRUE COPY OF THE NOTIFICATION BEARING
                      NO.MD/F-302/2722 DATED 3.10.2019
EXHIBIT P4            TRUE COPY OF THE LETTER BEARING NO.P
                      AND     A/F/3929   DATED     18.2.2021,
                      REVERTING THE PETITIONER TO FEEDER

CATEGORY AS ESTATE WORKER AT KODUMON ESTATE.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 13.1.2021 IN W.P.C NO.26722/2019 OF THE HON'BLE COURT OF KERALA.

W.P.(C) Nos.5169, 5781 & 25336 of 2021

APPENDIX OF WP(C) 25336/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER A DATED 28.11.2008.

Exhibit P2 TRUE COPY OF THE NOTIFICATION NO.

P&A/F/221/948 DATED 27.6.2013.

Exhibit P3 TRUE COPY OF THE ORDER NO. P&A/F/7370 DATED 26.3.2015.

Exhibit P4 TRUE COPY OF THE ORDER NO. P&A/F/3928 DATED 18.2.2021 AND TYPED COPY.

Exhibit P5 TRUE COPY OF THE ORDER IN W.A. NO.

454/2021 DATED 31.3.2021.