In the High Court of Judicature at Madras
Dated: 14.8.2008
Coram:
The Honourable Mr.Justice S.J.Mukhopadhaya
and
The Honourable Mr.Justice V.Dhanapalan
Writ Petition No.12935 of 1998
1. M.Rajendiran
2. C.Jagannathan .. Petitioners
vs.
1. Perunthalaivar Kamarajar Krishi Vigyan Kendra,
rep. by the Principal, Ayyankuttipalayam,
Pondicherry.
2. Chairman-cum-Development Commissioner,
Perunthalaivar Kamarajar Krishi Vigyan Kendra,
Chief Secretariat, Pondicherry. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, as stated therein.
For petitioners : Mr.V.Ajayakumar
For respondents: No appearance
Order
(The Order of the Court was made by S.J.Mukhopadhaya,J)
The prayer in the Writ Petition is for issuance of a Writ of Mandamus to direct the respondents to make the post of Farm Manager as the promotional post of the petitioners and consequently direct the respondents to consider the petitioners for promotion to the post of Farm Manager with effect from 1994 when the post was created, with all consequential benefits.
2. The petitioners were the Demonstration Assistants working under the respondents/Perunthalaivar Kamarajar Krishi Vigyan Kendra.
3. Learned counsel appearing for the petitioners referred to the Government of Pondicherry Scheme/Recruitment Rules for the post of Farm Manager, Fieldman, Demonstration Assistant and Mazdoor, as circulated vide proceedings in No.Ve.Aa.Ni./Thagaval Urimai Sattam/06, issued by “Perunthalaivar Kamarajar Velanmai Ariviyal Nilayam, Kurumbaappattu, Puduvai-605 009”, wherein, provisions have been made for appointment to the abovesaid posts. Appointment to the post of Farm Manager as indicated in the said Recruitment Rules, is quoted hereunder:
“Name of the post : Farm Manager
No. of posts : 2 (Two)
Classification : C (Tech)
Scale of Pay : Rs.5500-175-9000
Whether Selection or non-selection post : Not applicable
Whether benefit of added years of service
admissible under Rule 30 of the CCS (Pension Rules, 1972) : Nil
Age Limit for direct recruits : Not exceeding 30 years
1. Relaxable for Govt. Servants upto 5 years in accordance with the instructions or orders issued by the Central Government.
2. The crucial date for determining the age shall be the closing date for receipt of applications from candidates in India (and not the closing date prescribed for those in Assam, Meghalaya, Arunachala Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of JK State, Lahaul and spiti District and Pangi Sub-division of Chamba District of Himachal Pradesh, Andaman & Nicobar Islands and Lakshadweep). In respect of posts, appointments to which are made through Employment Exchange, the crucial date for determining the age limits in all, in each case, be the last date up to which the Employment Exchanges are asked to submit the names.
Educational and other qualification required for direct recruits :
Essential Qualification :
Bachelor’s Degree from a recognised University in Agriculture
Desirable qualification :
1. Master’s Degree in the subject concerned
2. Field Experience in the relevant subject
(Relaxable to Diploma holders in Agriculture and allied fields for
candidates of long experience)
Whether age and educational qualifications prescribed for
direct recruits will apply in the case of promotees: Does not arise
Period of probation, if any : 2 years
Method of Recruitment, whether by direct recruitment or
by promotion or by deputation/transfer & percentage of the vacancies to be
filled by various methods :
By promotion failing which by transfer on deputation failing both by direct recruitment
In case of recruitment by promotion/deputation/transfer to be made:
Transfer on deputation officers of Agricultural Department:
Pondicherry/Other KVKs/ICAR/Govt. of India institutions etc.
1. holding analogous posts.
Period of deputation including the period of deputation in another ex-cadre post held immediately preceeding the appointment in the same Dept./Institutions shall not exceed 3 years.
The persons who are presently serving in KVK on deputation will be considered by the Staff Selection Committee and if they possess the qualifications prescribed as per the educational and other qualification required for direct recruits (stated above) and if they are found suitable they may be appointed as Training Associate on permanent absorption basis.
If a DPC exists what is its composition :
1. Chairman of the Society : Chairman 2. Director of Agriculture : Member 3. Under Secretary to Govt (Agri): Member 4. One Member of the Board (Governing Body to be nominated by the Chairman): Member 5. Principal KVT Pondicherry : Member Secretary Circumstances in which U.P.S.C. is to be consulted in making recruitment: Does not arise"
4. Learned counsel appearing for the petitioners submitted that the post of Fieldman is the next below cadre post of Farm Manager, but in the “method of recruitment, whether by direct recruitment or by promotion or by deputation/transfer and percentage of the vacancies to be filled by various methods”, the designation of next below post has not been shown for promotion to the post of Farm manager and the respondents are always filling up the post either by way of transfer on deputation or by direct recruitment without resorting to promotion from the post of Farm Manager.
5. In the counter affidavit filed by the respondents, the respondents have taken a plea that the draft Recruitment Rules have been framed for the post of Farm Manager in the respondents-Perunthalaivar Kamaraj Krishi Vigyan Kendra and still the approval from the Governing body has not been accorded with.
It is the further averment of the respondents in the counter affidavit that the Krishi Vigyan Kendra is a centrally sponsored scheme of ICAR, New Delhi, started during March 1974 and was controlled by the Tamil Nadu Agricultural University up to 31.3.1992. The administrative control of the Krishi Vigyan Kendra has been transferred to the Government of Pondicherry from 1.4.1992 and subsequently, the Krishi Vigyan Kendra has been converted into a Society from 30.5.1994.
The further stand of the respondents in the counter affidavit is that the petitioners are holding the post of Demonstration Assistant in the scale of pay of Rs.775-1150 and the post of Demonstration Assistant is the feeder category post for being considered. The promotional post of Fieldman in the Department of Agriculture in the Government of Pondicherry is made as per the Recruitment Rules governing the post of Fieldman and hence, the post of Fieldman being promotional post from the post of Demonstration Assistant, the post of Fieldman was carrying the scale of pay of Rs.1200-2040. The post of Compost Development Inspector was carrying the scale of Rs.1350-2200 and the post of Farm Manager was a promotional post from the post of Compost Development Inspector carrying the scale of pay of Rs.1400-2900. The above said scales of pay are pre-revised. On account of the revised scale of pay, the following scales of pay have been provided to the posts aforesaid:
1. Demonstration Assistant : Rs.2610-60-3150-65-3540 2. Fieldman : Rs.4000-100-6000 3. Compost Development Inspector : Rs.4500-125-7000 4. Farm Manager : Rs.5500-175-9000
6. In the additional counter affidavit filed by the respondents, the respondents have taken a stand that under the Government Rules, the post of Agriculture Officer is a designation given to the post of Farm Manager, which is available in the rules framed by the respondents-Kendra. The post of Fieldman carries the scale of pay of Rs.4000-100-6000, which is a promotional post from the post of Demonstration Assistant, which is next below scale of Rs.2600-60-3150-65-3540. There are ten posts of Fieldman in the scale of Rs.4000-100-6000 which were created on 8.4.1999 and six more posts were created on 12.1.2000. Consequently, all the Demonstration Assistants were promoted to 16 posts of Fieldman, including the petitioners and therefore, the Demonstration Assistants have not been designated as Fieldman. As per the General Body Resolution of the respondents-Kendra, dated 10.7.1995, “Bye-Laws of KVK may be approved by the General Body after examination in detail. Till then, the Government Rules shall be applicable to KVK in General and mutatis mutandis.”
7. We have heard the learned counsel appearing for the petitioners and noticed the stand taken by the respondents in their counter/additional counter affidavits. Nobody appeared on behalf of the respondents.
8. The question as to which post(s) will be the “feeder category post” for promotion to one or other higher post, can be determined only by the competent authority. Such decision can be taken considering the nature of work, scale of pay, duties and responsibilities, etc. Generally, expert opinion is obtained before framing such Rules or Guidelines. This Court, under Article 226 of the Constitution of India, cannot give a finding in regard to one or other post(s) as the feeder post(s) for promotion to one or other higher post(s). In this background, we are not inclined to issue any Writ of Mandamus, in the nature as sought for by the petitioners in this Writ Petition.
9. However, taking into consideration the stand taken by the respondents in their counter affidavit that the Draft Recruitment Rules as was framed for the post of Farm Manager and as the approval of the Governing Body has not yet been accorded, we remit the case to the competent authority of the respondents-Krishi Vigyan Kendra, with a direction to decide as to whether the above said Draft Recruitment Rules have to be approved, and if so, which are the feeder post(s) from which the promotion can be granted to the higher post of Farm Manager, Fieldman, Demonstration Assistant, Mazdoors, etc. The decision in this regard shall be taken preferably, within three months from the date of receipt/production of a copy of this order.
If such Recruitment Rules have already been approved, without showing the feeder post(s) from which the promotion can be granted to the higher post of Farm Manager, Fieldman, Demonstration Assistant, Mazdoors, etc., then the petitioners are at liberty to bring the same to the notice of the competent authority of the respondents-Krishi Vigyan Kendra, who may decide the same in accordance with law.
10. With the above observations/directions, the Writ Petition is disposed of. No costs.
cs
To
1. Perunthalaivar Kamarajar Krishi Vigyan Kendra,
rep. by the Principal, Ayyankuttipalayam,
Pondicherry.
2. Chairman-cum-Development Commissioner,
Perunthalaivar Kamarajar Krishi Vigyan Kendra,
Chief Secretariat,
Pondicherry