Kerala High Court
C.Muthukumar vs The Cochin Port Trust on 25 October, 2024
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WP(C) No.32611 of 2014 2024:KER:79545
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 32611 OF 2014
PETITIONER:
C.MUTHUKUMAR, AGED 47 YEARS,
STAFF NO.13155, LASCAR, HARBOUR MASTER'S DIVISION,
MARINE DEPARTMENT, COCHIN PORT TRUST,
ERNAKULAM DISTRICT.
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ(K/000814/2015)
APARNA NARAYAN MENON(K/385/2021)
CHINNU MARIA ANTONY(K/3363/2022)
RESPONDENTS:
1 THE COCHIN PORT TRUST,
REPRESENTED BY ITS SECRETARY, WILLINGDON ISLAND,
KOCHI - 682 009.
2 THE CHAIRMAN, COCHIN PORT TRUST,
WILLINGDON ISLAND, KOCHI - 682 009.
3 THE DEPUTY CONSERVATOR,
COCHIN PORT TRUST, WILLINGDON ISLAND,
KOCHI - 682 009.
4 THE HARBOUR MASTER, COCHIN PORT TRUST,
WILLINGDON ISLAND, KOCHI - 682 009.
5 THE MARINE ENGINEERING SUPERINTENDENT,
COCHIN PORT TRUST, WILLINGDON ISLAND,
KOCHI - 682 009.
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WP(C) No.32611 of 2014 2024:KER:79545
BY ADVS.
SRI.K.ANAND (SR.)
SMT.LATHA KRISHNAN
SRI.S.VISHNU FOR RESPONDENTS 1 AND 2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.32611 of 2014 2024:KER:79545
JUDGMENT
The petitioner, while working as Lascar with the 1 st respondent
herein, sought for appointment by promotion through the selection
process, to the post of Chargeman Gr. II. The afore application was
based on Exts.P1 and P3, which prescribed the qualifications. It is
pointed out that in 2014, Ext.P2 was issued prescribing an additional
condition as a required qualification, which was not finding a place in
Exts.P1 and P3. It is pointing out the above that the petitioner has
filed the captioned writ petition challenging Ext.P3 and also seeking
a direction to the respondents to fill up the vacancy to the post of
Chargeman Gr. II, following Ext.P3 recruitment rules.
2. In the counter affidavit filed by the 1st respondent herein
dated 10.07.2015, it is pointed out that Ext.P2 was subsequently
withdrawn by the 1st respondent. Later, the petitioner produced a
fresh circular at Ext.P9, again seeking to make appointments based
on a fresh set of qualifications required for being appointed to the
post of Chargeman Gr.II. Though Ext.P9 was sought to be stayed by
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this Court, this Court permitted the respondents to proceed based on
Ext.P9, further directing that if any appointments are made, such
appointments would be subject to the result of the writ petition.
2. I have heard Kum.Thulasi K. Raj, the learned counsel for the
petitioner, and Sri.S.Vishnu, the learned counsel for respondents 1
and 2.
3. The short issue arising for consideration in this writ petition
is as to whether the petitioner is entitled to an appointment based
on Ext.P3 as claimed by him.
4. The fact that Ext.P2 is withdrawn is borne out of the counter
affidavit filed by the 1st respondent. Subsequently, Ext.P9 has been
issued and it is pointed out by the learned counsel for the respondent
that the appointments have also been carried out to the post of
Chargeman Gr.II, in paragraph 13 of the additional counter affidavit
dated 15.09.2018. In the light of the averments contained in
paragraph 13 of the additional counter affidavit dated 15.09.2018, it
is seen that, as of now, others have been appointed, and they are
WP(C) No.32611 of 2014 2024:KER:79545
holding the post to which they have been appointed. Unless and until,
they are also brought on record, this Court may not be justified in
considering the contentions raised by the learned counsel of the
petitioner that even on the face of Ext.P9, the petitioner is entitled
to be considered based on the qualifications which were prescribed
at the time of the vacancy arising in 2014.
5. However, this Court notices the contention raised by the
learned counsel for the petitioner that even after the appointments,
as stated in Ext.P13 of the aforesaid additional affidavit, there are
certain unfilled vacancies for the post of Chargeman Gr.II.
6. In such circumstances, this writ petition would stand
disposed of finding as under:
i. The prayers made in the writ petition based on
Ext.P3 cannot be considered without impleading the
persons who have already been appointed, as pointed
out in the additional affidavit.
ii. The petitioner is to be considered for appointment to
WP(C) No.32611 of 2014 2024:KER:79545
the post of Chargeman Gr.II, if there is any post which
is lying unoccupied as on date.
iii. The petitioner to make an appropriate representation
in that regard before the 1st respondent, and if such
an application is filed, the 1st respondent to consider
the claim of the petitioner and to make appointments,
if there are any such vacancies in accordance with law
and if the 1st respondent intends to fill up any such
vacancy as pointed out by the learned counsel for the
petitioner.
Sd/-
HARISANKAR V. MENON
JUDGE
ln
WP(C) No.32611 of 2014 2024:KER:79545
APPENDIX OF WP(C) 32611/2014
PETITIONER'S EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE CIRCULAR DATED 12.07.2007.
EXHIBIT P2. TRUE COPY OF THE CIRCULAR DATED 11.09.2014.
EXHIBIT P3. TRUE COPY OF THE RECRUITMENT RULE FOR THE POST
OF CHARGEMAN GR.II.
EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED
26.09.2014.
EXHIBIT P5. TRUE COPY OF THE LETTER OF APPRECIATION ISSUED
TO THE PETITIONER BY THE CHAIRMAN OF THE PORT
ON 17.11.2005.
EXHIBIT P6. TRUE COPY OF THE CERTIFICATE OF COMMENDATION
ISSUED TO THE PETITIONER ON THE PORT DAY 2014.
EXHIBIT P7. TRUE COPY OF THE AWARD IN I.D.NO.39/08.
EXHIBIT P8. TRUE COPY OF THE JUDGMENT DATED 29.08.2014 IN
W.P.(C)NO.23334/2011.
EXHIBIT P9 TRUE COPY OF THE CIRCULAR ISSUED BY THE DEPUTY
CONSERVATOR ON 03.03.2017.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 05.10.2018
ALONG WITH THE ENCLOSED RELEVANT EXTRACT OF
MINUTES.
RESPONDENTS'EXHIBITS:
EXHIBIT R3(B) TRUE COPY OF THE RESOLUTIONS NO.26 DATED
29.05.2013 FOR THE BOARD ALONG WITH RELEVANT
AGENDA NOTES.
EXHIBIT R3(C) TRUE COPY OF THE RESOLUTIONS NO.66 DATED
14.08.2013 OF THE BOARD ALONG WITH RELEVANT
AGENDA NOTE.
