High Court Kerala High Court

Sudheer P. Peon vs State Of Kerala Represented By The on 19 November, 2008

Kerala High Court
Sudheer P. Peon vs State Of Kerala Represented By The on 19 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2233 of 2008()


1. SUDHEER P. PEON, SOIL CONSERVATION
                      ...  Petitioner
2. P.K. MATHEW, LASCAR, SOIL CONSERVATION
3. SREENIVASAN K, LASCAR SOIL
4. JOHNY M.F., PEON, ASSISTANT DIRECTOR OF
5. H.MANZOOR KHAN, PEON, SOIL CONSERVTION
6. S.ANILKUMAR, LASCAR , ASSISTANT
7. SURESHKUMAR K.P. LASCAR SOIL

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF AGRICULTURE VIKAS

3. THE KERALA PUBLIC SERVICE COMMISSION,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :19/11/2008

 O R D E R
                 J.B.KOSHY & THOMAS P. JOSEPH, JJ.
                        --------------------------------------
                          W.A.No.2233 of 2008
                        -------------------------------------
                       Dated 19th November, 2008

                                 JUDGMENT

Koshy,J.

Appellants/petitioners while working as Last Grade Servants

in the Soil Conservation Unit of the Agriculture Department, the Public

Service Commission invited applications for the post of Agricultural

Assistant Grade II in the Agriculture Department by Ext.P1 notification

dated 18.11.2003,. 5% of the total vacancies are made available for the

Last Grade Servants in the Agriculture Department for appointment by

transfer. Appellants, contending that the Soil Conservation Unit will

come under the Agriculture Department, applied for the above post and

appeared for the written examination. However, even though they were

short-listed, they were informed by the Public Service Commission that

Soil Conservation Unit is not part of the Agriculture Department, it is an

independent department and they are not eligible to be considered for

appointment in the post of Agricultural Assistant Grade II in the

Agriculture Department. The whole question is whether appellants who

are working in the Soil Conservation Unit as Last Grade Servants are

eligible to be appointed as Agricultural Assistant Grade II in the

Agriculture Department in terms of Ext.P1 notification. Government has

W.A.2233/2008 2

created a separate Department for Soil Conservation. Ext.R1 (a) is

the order issued by the Government on 7.12.1963. It is true that the

above department is also working jointly under the Agriculture

Department, but, it is a separate department. Annexure I produced

by the appellants along with the appeal shows that for Soil

Conservation Unit itself separate promotion avenues are available.

For example, for a similar post of Field Assistant the method of

recruitment mentioned is as follows:

“a) By appointment by promotion/transfer of
persons holding Lower Grade posts in the
Soil Conservation Department possessing
required qualification.

b) In their absence, by transfer from persons
holding Last Grade posts in other
Departments.

c) In the absence of suitable hands for
promotion and transfer under items (a) and

(b) above, by direct recruitment.”

It shows that Soil Conservation Unit is treated as a separate

department and avenues of promotion are different. The employees

of that department have got other promotional opportunities. It is an

independent unit of the Agriculture Department and appellants cannot

apply to this post as published in Ananexure I. Even though this unit

is under generic term of the Agriculture Department, it is a separate

W.A.2233/2008 3

unit. In Soil Conservation Unit separate service conditions are

governed by separate special rules and those employees are not inter-

transferable with the employees of Agriculture Department. The

learned single Judge has considered each and every contentions of the

appellants and found that the appellants working under the Soil

Conservation Unit are not entitled to be appointed and they cannot

claim for the vacancies advised as per Ext.P1. We fully agree with the

learned single Judge.

The appeal is dismissed.

J.B.KOSHY
JUDGE

THOMAS P. JOSEPH
JUDGE

tks