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.
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W.A.No.2233 of 2008
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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