The Khadi And Village Industries Board vs Geroge John
2024 Latest Caselaw 15818 Ker

Kerala High Court

The Khadi And Village Industries Board vs Geroge John on 6 June, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                                  &

                 THE HONOURABLE MR. JUSTICE P.M.MANOJ

     THURSDAY, THE 6TH DAY OF JUNE    2024 / 16TH JYAISHTA, 1946

                         WA NO. 713 OF 2024

AGAINST THE JUDGMENT DATED 05.02.2024 IN WP(C) NO.12401 OF 2022 OF
                       HIGH COURT OF KERALA

APPELLANT/1ST RESPONDENT IN WPC NO.12401 OF 2022:

           THE KHADI AND VILLAGE INDUSTRIES BOARD
           REPRESENTED BY ITS SECRETARY, KHADI BHAVAN,
           VANCHIYOOR, THIRUVANANTHAPURAM-695 035, PIN - 695035

           BY ADV N.RAJAGOPALAN NAIR, SC, KERALA KHADI AND
           VILLAGE INDUSTRIES BOARD

RESPONDENT/PETITIONER:

           GEROGE JOHN
           AGED 45 YEARS
           WORKING AS UPPER DIVISION TYPIST, DISTRICT KHADI AND
           VILLAGE INDUSTRIES OFFICE, PATHANAMTHITTA - 686 643,
           RESIDING AT AMBALAMVILA VEEDU, NEAR GURUMANDIRAM,
           JUNDARA P.O., ERAMALLOOR, KOLLAM., PIN - 691501


OTHER PRESENT:

           SRI.R RAJASEKHARAN PILLAI

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.06.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.713 of 2024                      2




                                     JUDGMENT

This writ appeal is preferred being aggrieved by the judgment dated

05.02.2024 in W.P.(C) No.12401 of 2022 passed by a learned Single Judge of

this Court. By the judgment impugned, the learned Single Judge has declared

that the respondent herein was entitled to be promoted to Lower Division

Typist with effect from 03.01.2014 in implementation of Exts.P1, P2 and

Ext.R1F. It was also ordered that the respondent herein shall be promoted

with effect from 03.01.2014 as LD Typist and shall be given successive

promotions, if he is qualified for the same.

2. Sri.N.Rajagopalan Nair, the learned counsel appearing for the

appellant submitted that though the Board has resolved to implement Exts.P1

and P2 to its employees as the Board survives from the fund allotted by the

Government under the non plan fund, the permission of the Government was

necessary. According to the learned counsel, the Board had requested the

Government for permission to implement Exts.P1 and P2. However, no

concurrence was granted by the Government. He would further contend that

the learned Single Judge has erred in holding that Ext.R1F, which is actually

passed on 29.05.2020, would have retrospective effect. The learned counsel

would also rely on the observations made by a learned Single Judge of this

Court in Ext.R1G judgment and according to the learned counsel, the

aforesaid judgment would clearly point to the fact that Exts.P1 and P2 would

come into force only on 29.05.2020.

3. The submissions of the learned counsel appearing for the appellant is

refuted by Sri.Rajasekharan Pillai, the learned counsel appearing for the party

respondent. The learned counsel referred to Ext.P1 and submitted that 5%

vacancies reserved for the post for LD Typist/LD Clerks/Typist Clerk and

copyist cadres have been increased to 10%. He also referred to Ext.P2

Government Order dated 19.07.2014, specifically to paragraph 4 and pointed

out that it has been specifically ordered by the Government that the order

would have the effect from 03.01.2014. The learned counsel would then refer

to Ext.P4 circular as well as Ext.P5 proceedings dated 26.09.2014 issued by

the Board and it is submitted that Exts.P1 and P2 orders have been

implemented by the Khadi Board and in that view of the matter, the learned

Single Judge was well justified in passing the impugned judgment.

4. We have considered the submissions advanced.

5. We find from Exts.P1 and P2 that the promotion to the post of LD

Typist from the Lower Grade Employees has been enhanced to 10%. As

rightly noted by the learned Single Judge, Ext.P2 clearly reveals that the order

shall have the effect from the date of Ext.P1 i.e on 03.01.2014. Exts.P4 and

P5 would disclose that the board had acted upon the same. Furthermore, R1F

discloses that the Government had accepted Exts.P1 and P2 without imposing

any condition. In that view of the matter, the learned Single Judge was well

justified in declaring that the respondent herein was entitled to be promoted

to Lower Division Typist with effect from 03.01.2014 in implementation of the

orders.

We find no reason to interfere with the judgment rendered by the learned

Single Judge.

This appeal is dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE rp