{"id":29425,"date":"2009-01-02T00:00:00","date_gmt":"2009-01-01T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-kerala-vs-villagemen-staff-asociation-on-2-january-2009"},"modified":"2018-06-29T05:58:50","modified_gmt":"2018-06-29T00:28:50","slug":"state-of-kerala-vs-villagemen-staff-asociation-on-2-january-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-kerala-vs-villagemen-staff-asociation-on-2-january-2009","title":{"rendered":"State Of Kerala vs Villagemen Staff Asociation … on 2 January, 2009"},"content":{"rendered":"
Kerala High Court<\/div>\n
State Of Kerala vs Villagemen Staff Asociation … on 2 January, 2009<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nWA.No. 640 of 2008()\n\n\n1. STATE OF KERALA, REPRESENTED BY\n                      ...  Petitioner\n2. PRINCIPAL SECRETARY (FINANCE)\n3. THE DISTRICT COLLECTOR, THRISSUR.\n\n                        Vs\n\n\n\n1. VILLAGEMEN STAFF ASOCIATION REG.NO.\n                       ...       Respondent\n\n                For Petitioner  :GOVERNMENT PLEADER\n\n                For Respondent  :SRI.VAKKOM N.VIJAYAN\n\nThe Hon'ble the Acting Chief Justice MR.J.B.KOSHY\nThe Hon'ble MR. Justice P.N.RAVINDRAN\n\n Dated :02\/01\/2009\n\n O R D E R\n                             J.B. Koshy, Ag. C.J.\n                                    &\n                             P.N.Ravindran, J.\n                         =====================\n                       W.A.Nos.640 & 708 of 2008\n                   ============================\n\n                Dated this the 2nd day of January, 2009.\n\n                               JUDGMENT\n<\/pre>\n
Ravindran,J.\n<\/p>\n
      Common questions arise in these Writ Appeals.           They were<\/p>\n
therefore heard together and are being disposed of by this common<\/p>\n
judgment.\n<\/p>\n
      2. W.A.No.640 of 2008 arises from W.P.(C) No.9590 of 2004 and<\/p>\n
W.A.No.708 of 20087 arises from W.P.(C) No.31791 of 2003. The said<\/p>\n
Writ Petitions were disposed of by the learned Single Judge by a common<\/p>\n
judgment delivered on 19.12.2006. The appellants are the respondents<\/p>\n
in the Writ Petitions. The brief facts necessary for the disposal of these<\/p>\n
Writ Appeals are as follows:\n<\/p>\n
      3. The respondent in W.A.No.640 of 2008 is the Villagemen Staff<\/p>\n
Association represented by its Secretary and the respondents in<\/p>\n
W.A.No.708 of 2008 are Villagemen. The grievance voiced by them is<\/p>\n
                                    -: 2 :-<\/span><\/p>\n
that Villagemen have not been given promotion to 15% of the vacancies<\/p>\n
in the category of Village Assistant arising every year, which they claim<\/p>\n
was reserved to them by G.O.(MS) No.876\/72\/RD dated 4.9.1972. By<\/p>\n
judgment delivered on 19.2.2006, which is impugned in these Writ<\/p>\n
Appeals, the learned Single Judge directed the appellants in these Writ<\/p>\n
Appeals to ensure that steps are taken to give retrospective promotion<\/p>\n
to Villagemen against the 15% quota in the respective vacancies of each<\/p>\n
year in the category of Village Assistant that arose after the introduction<\/p>\n
of the Special Rules. It was also declared that the promotees will be<\/p>\n
entitled to consequential monetary and other service benefits. There<\/p>\n
was also a further direction to effect ratio promotion as provided under<\/p>\n
the Special Rules with retrospective effect, with the further direction that<\/p>\n
such promotees will also be entitled to monetary and other service<\/p>\n
benefits. The appellants in these Writ Appeals moved for review of the<\/p>\n
said judgment. By a common order passed on 11.1.2008 in R.P.No.504<\/p>\n
of 2007 in W.P.(C) No.9590 of 2004 and R.P.No.611 of 2007 in W.P.(C)<\/p>\n
No.31791 of 2003, the learned Single Judge clarified that the 15% quota<\/p>\n
will be limited to the vacancies of Village Assistant arising each year after<\/p>\n
the introduction of the Special Rules.\n<\/p>\n
       4. The respondents in W.A.Nos.640 and 708 of 2008 contend that<\/p>\n
in view of G.O.(MS) No.876\/72\/RD dated 4.9.1972 [copy of which is<\/p>\n
produced and marked as Ext.P1 in W.P.(C) No.9590 of 2004], Villagemen<\/p>\n
were declared as a separate category, distinct and different from last<\/p>\n
                                   -: 3 :-<\/span><\/p>\n
grade servants and that 15% of the future vacancies in the cadre of<\/p>\n
Village Assistants were reserved to be filled up by promotion of<\/p>\n
Villagemen having five years service or more. They submit that in view of<\/p>\n
the said Government order, the Special Rules for the Kerala Last Grade<\/p>\n
Service were amended and the category of Villageman was deleted by<\/p>\n
G.O.(P) No.75\/76\/PD dated 11.3.1976 [copy of which is produced and<\/p>\n
marked as Ext.P2 in W.P.(C) No.9590 of 2004], that thereafter the Special<\/p>\n
Rules for the Kerala Revenue Ministerial Subordinate Service were<\/p>\n
amended by stipulating in Note 2 to Category 4 in Rule 3 that the ratio<\/p>\n
for appointment of Lower Division Clerks\/Village Assistants including<\/p>\n
Special Village Assistant from Villagemen\/Last Grade Servants\/ Attenders<\/p>\n
shall be 3:2 and limited to 25% of the total posts of Village Assistants as<\/p>\n
on 9.9.1984 and 25% of 35% of the posts of Lower Division Clerk\/Village<\/p>\n
Assistant thereafter.    They further state that as per letter dated<\/p>\n
29.1.1997 [copy of which is produced and marked as Ext.P3 in W.P.(C)<\/p>\n
No.9590 of 2004] it was clarified that Villagemen and Last Grade<\/p>\n
Servants need not pass the Chain Survey Test for promotion to the<\/p>\n
category of Lower Division Clerk\/Village Assistant. They contend that<\/p>\n
they are thus entitled to 15% of the future vacancies in the category of<\/p>\n
Village Assistant besides the 25% quota of the total number of posts of<\/p>\n
Village Assistants as on 9.9.1984 and 25% of 35% of the posts of Lower<\/p>\n
Division Clerks\/Village Assistants thereafter. By the judgment under<\/p>\n
challenge in the Writ Appeals, the learned Single Judge upheld their<\/p>\n
                                   -: 4 :-<\/span><\/p>\n
contentions and directed the appellants in the Writ Appeals to ensure<\/p>\n
that steps are taken to give retrospective promotion to Villagemen<\/p>\n
against 15% of the vacancies in the category of Village Assistant arising<\/p>\n
each year after the introduction of the Special Rules. It was also declared<\/p>\n
that the promotees will be entitled to consequential monetary and other<\/p>\n
service benefits.\n<\/p>\n
      5. We have considered the submissions made at the Bar by the<\/p>\n
learned counsel appearing on either side.       The Revenue and Village<\/p>\n
establishments were integrated with effect from 10.9.1984 as per G.O.<\/p>\n
(MS) No.911\/84\/RD dated 10.9.1984, pursuant to the recommendations<\/p>\n
of the Third Pay Commission. The respondents in these Writ Appeals<\/p>\n
contend that under the terms of the Government order dated 10.9.1984,<\/p>\n
Villagemen will continue to enjoy the benefit of reservation of 15% of the<\/p>\n
vacancies of Village Assistants arising every year, earmarked for being<\/p>\n
filled up by qualified Villagemen and that the integration order dated<\/p>\n
10.9.1984 also contemplated an amendment to the Special Rules to<\/p>\n
provide for reservation of 15% of the vacancies in their favour. After the<\/p>\n
Revenue and Village establishments were integrated with effect from<\/p>\n
10.9.1984, the Special Rules for the Kerala Revenue Ministerial<\/p>\n
Subordinate Service were amended by G.O.(P) No.567\/89\/RD dated<\/p>\n
12.7.1989 with retrospective effect from 10.9.1984.        The method of<\/p>\n
appointment to the post of Lower Division Clerk\/Village Assistant<\/p>\n
including Special Village Assistant, prescribed in Rule 3 thereof is as<\/p>\n
                                         -: 5 :-<\/span><\/p>\n
follows:\n<\/p>\n
 “(4) Lower Division   (i)    By direct recruitment.\n<\/p>\n
      Clerk\/Village
\n      Assistant         (ii) By transfer from among Copyists upto 26.5.1982
\n      including Special       and from Village Assistants upto 9.9.1984.
\n      Village Assistant (iii) By appointment of Lower Division Typist declared
\n                              eligible for appointment as Lower Division Clerk
\n                              as per G.O.(MS) No.301\/PD dated the 26th
\n                              September, 1968 of the Public (Services – D)
\n                              Department.\n<\/p>\n
                       (iv) By appointment from Villagemen with minimum
\n                              general educational qualification who are having
\n                              three years service and from Villagemen without
\n                              minimum educational qualification who are
\n                              having five years service.\n<\/p>\n
                        (v) By appointment from Last Grade Servants\/
\n                              Attenders in the Land Revenue and Survey
\n                              Department with minimum general educational
\n                              qualification and having five years total service.<\/p>\n
                      Note 1:- The ratio for direct recruitment, recruitment by
\n                              transfer from among Copyists and recruitment
\n                              by transfer from among Village Assistants from
\n                              25.11.1958 till 26.5.1982 shall be 9:4:7.\n<\/p>\n
                              Thereafter the ratio for direct recruitment and
\n                              recruitment by transfer from among Village
\n                              Assistants to the category of L.D. Clerks till
\n                              9.9.1984 shall be 13:7<\/p>\n
                     Note 2:- The ratio for appointment from Villageman and
\n                              Last Grade Servants\/Attenders shall be 3:2 and
\n                              limited to 25% of the total posts of Village
\n                              Assistants as on 9.9.1984 and 25% of 35% of
\n                              the post of L.D. Clerk\/Village Assistant thereafter.
\n                              In the absence of qualified Villageman and Last
\n                              Grade Servants\/Attenders the posts shall be
\n                              filled up by direct recruitment.\n<\/p>\n
                    Note 3:- Lower Division Typists who are approved
\n                              probationers or full members and having the
\n                              prescribed educational qualification for admission
\n                              to the competitive examination conducted by
\n                              the Public Service Commission for selection of
\n                              Lower Division Clerks shall be allowed to appear
\n                              for the examination and those declared eligible
\n                              as per G.O.(MS) No.301\/PD dated 26th
\n                              September, 1968 for appointment as Lower
\n                              Division Clerks shall be appointed in every sixth<\/p>\n
                                      -: 6 :-<\/span><\/p>\n
                           vacancy in the concerned unit according to
\n                           their seniority among Lower Division Typists in
\n                           the respective units on or after 26.9.1968. If
\n                           no qualified candidate is available at the time of
\n                           occurrence of the vacancy, such vacancies shall
\n                           be filled up by direct recruitment. The posts of
\n                           Village Assistants shall not be reckoned for the
\n                           determination of every sixth vacancy arising
\n                           in the constituent unit earmarked for the purpose
\n                           of appointment by transfer from among Lower
\n                           Division Typists.\n<\/p>\n
                Note 4:- The service rendered by any person as Village
\n                           Assistant prior to 1.1.1963 shall not be
\n                           reckoned for seniority in the category of L.D.\n<\/p>\n
                           Clerk\/Village Assistant\/Special Village Assistant.
\n                           If the date of appointment of a Village
\n                           Assistant\/Special Village Assistant and an L.D.
\n                           Clerk happens to be the same, the inter-se-\n<\/p>\n
                           seniority shall be fixed based on their
\n                           date of birth, the elder senior to the
\n                           younger.”\n<\/p>\n
      6. As per the Special Rules for the Kerala Revenue Ministerial<\/p>\n
Subordinate Service, as amended by G.O.(P) No.567\/89\/RD dated<\/p>\n
12.7.1989, the method of appointment to the post of Lower Division<\/p>\n
Clerk\/Village Assistant including Special Village Assistant is (i) by direct<\/p>\n
recruitment (ii) by transfer from among Copyists upto 26.5.1982 and<\/p>\n
from Village Assistants upto 9.9.1984, (iii) by appointment of Lower<\/p>\n
Division Typists eligible for appointment as Lower Division Clerks, (iv) by<\/p>\n
appointment from Villagemen with minimum general educational<\/p>\n
qualification having three years service and from Villagemen without<\/p>\n
minimum educational qualification having five years service and (v) by<\/p>\n
appointment from Last Grade Servants\/Attenders in the Land Revenue<\/p>\n
and Survey Department with minimum general educational qualification<\/p>\n
and having five years total service. Note 2 to Category No.4 in Rule 3 of<\/p>\n
                                    -: 7 :-<\/span><\/p>\n
the Special     Rules stipulates that the ratio for appointment from<\/p>\n
Villagemen and Last Grade Servants\/Attenders shall be 3:2 and limited to<\/p>\n
25% of the total posts of Village Assistants as on 9.9.1984 and 25% of<\/p>\n
35% of the posts of Lower Division Clerks\/Village Assistants thereafter.<\/p>\n
What the respondents claim is that in addition to the quota prescribed in<\/p>\n
Note 2 referred to above, they are also entitled to be promoted to 15% of<\/p>\n
the vacancies of Village Assistants arising every year in terms of the<\/p>\n
assurance held out in paragraph 8 of G.O.(P) No.911\/84\/RD dated<\/p>\n
10.9.1984.\n<\/p>\n
      7. It is not in dispute that the Special Rules for the Kerala Revenue<\/p>\n
Ministerial Subordinate Service were amended by G.O.(P) No.567\/89\/RD<\/p>\n
dated 12.7.1989 pursuant to the integration of the Revenue and Village<\/p>\n
establishments    brought    about   by G.O.(MS) No.911\/84\/RD dated<\/p>\n
10.9.1984. However, while the amendment was carried out, the State did<\/p>\n
not incorporate in the Special Rules, the stipulation in paragraph 8 of<\/p>\n
G.O.(MS) No.911\/84\/RD dated 10.9.1984. The method of appointment<\/p>\n
to the post of Lower Division Clerk\/Village Assistant including Special<\/p>\n
Village Assistant is prescribed in Rule 3 of the Special Rules for the<\/p>\n
Kerala Revenue Ministerial Subordinate Service as amended by G.O.(P)<\/p>\n
No.567\/89\/RD dated 12.7.1989. The Special Rules do not reserve 15% of<\/p>\n
the vacancies of Village Assistants arising every year as claimed by the<\/p>\n
respondents. Instead, Villagemen and Last Grade Servants\/Attenders can<\/p>\n
be appointed only to 25% of the total posts of Village Assistants as on<\/p>\n
                                     -: 8 :-<\/span><\/p>\n
9.9.1984 and to 25% of 35% of the Lower Division Clerks\/Village<\/p>\n
Assistants thereafter. Therefore the claim made by the respondents is<\/p>\n
not tenable. The learned Single Judge, in our opinion, was therefore not<\/p>\n
right in directing the appellants to retrospectively promote Villagemen to<\/p>\n
15% of the vacancies of Village Assistants arising every year, after the<\/p>\n
introduction of the Special Rules.\n<\/p>\n
      8. We notice that by G.O.(P) No.456\/07\/RD dated 31.12.2007, Rule<\/p>\n
3 of the Special Rules for the Kerala Revenue Ministerial Subordinate<\/p>\n
Service was again amended by substituting Note 2. Note 2 as amended<\/p>\n
reads as follows:\n<\/p>\n
             “Note 2:- The ratio for appointment from Villagemen<\/p>\n
       and Last Grade Servants\/Attenders shall be 3:2 and limited<\/p>\n
       to 25% of the total posts of Village Assistants as on<\/p>\n
       9.9.1984 and 25% of 35% of the total posts of L.D.<\/p>\n
       Clerks\/Village Assistants upto 5th December, 2006. From<\/p>\n
       6th December, 2006, 15% of the total posts of L.D.<\/p>\n
       Clerk\/Village Assistants shall be filled from among qualified<\/p>\n
       Villagemen and Last Grade Servants\/Attenders at the ratio<\/p>\n
       of 3:2 between them.           In the absence of qualified<\/p>\n
       Villagemen and Last Grade Servants\/Attenders, the posts<\/p>\n
       shall be filled up by direct recruitment.”<\/p><\/blockquote>\n
      9. After the amendment to the Special Rules introduced by the<\/p>\n
Government order dated 31.12.2007, Villagemen and Last Grade<\/p>\n
Servants\/Attenders are entitled only to 25% of the total posts of Village<\/p>\n
Assistants as on 9.9.1984 and 25% of 35% of the total posts of Lower<\/p>\n
                                   -: 9 :-<\/span><\/p>\n
Division Clerk\/Village Assistant upto 5.12.2006. From 6.12.2006<\/p>\n
onwards, 15% of the total posts of Lower Division Clerks\/Village<\/p>\n
Assistants have to be filled up from among qualified Villagemen and Last<\/p>\n
Grade Servants\/Attenders in the ratio of 3:2. It is also stipulated that in<\/p>\n
the absence of qualified Villagemen and Last Grade Servants\/Attenders,<\/p>\n
the posts shall be filled up by direct recruitment. We notice that the<\/p>\n
prescription in the Special Rules for the Kerala Revenue Ministerial<\/p>\n
Subordinate Service as amended by G.O.(P) No.5678\/89\/RD dated<\/p>\n
12.7.1989 and G.O.(P) No.456\/07\/RD dated 31.12.2007, has not been<\/p>\n
challenged by the respondents. In our opinion, as the respondents have<\/p>\n
not challenged the validity of the Special Rules, they are entitled only to<\/p>\n
the quota reserved for them in the Special Rules, as amended from time<\/p>\n
to time.\n<\/p>\n
      10. In the view that we have taken, the direction issued by the<\/p>\n
learned Single Judge to retrospectively promote Villagemen to 15% of the<\/p>\n
vacancies of Lower Division Clerks\/Village Assistants including Special<\/p>\n
Village Assistant, arising every year after the introduction of the Special<\/p>\n
Rules, namely, with effect from 10.9.1984, cannot be sustained. in our<\/p>\n
considered opinion, Villagemen in the Village establishment which was<\/p>\n
integrated with the Revenue establishment with effect from 10.9.1984,<\/p>\n
can claim promotion to the category of Lower Division Clerk\/Village<\/p>\n
Assistant including Special Village Assistant only in terms of the<\/p>\n
prescription in Note 2 to Category No.4 in Rule 3 of the Special Rules for<\/p>\n
                                   -: 10 :-<\/span><\/p>\n
the Kerala Revenue Ministerial Subordinate Service. They can claim<\/p>\n
promotion along with Last Grade Servants\/Attenders only to 25% of the<\/p>\n
total posts of Village Assistants as on 9.9.1984 and to 25% of 35% of the<\/p>\n
total posts of Lower Division Clerks\/Village Assistants upto 5.12.2006.<\/p>\n
From 6.12.2006 onwards, 15% of the total posts of Lower Division<\/p>\n
Clerks\/Village Assistants have to be filled up from among qualified<\/p>\n
Villagemen and Last Grade Servants\/Attenders in the ratio of 3:2. The<\/p>\n
respondents have no case that Villagemen were not given promotion in<\/p>\n
accordance with the Special Rules. What they claim is promotion to 15%<\/p>\n
of the total number of vacancies of Village Assistants arising every year<\/p>\n
in addition to the quota prescribed in the Special Rules. In the light of<\/p>\n
the stipulation in the Special Rules, we are of the considered opinion that<\/p>\n
the respondents cannot claim or be granted the reliefs sought for by<\/p>\n
them. Villagemen along with Last Grade Servants\/Attenders are entitled<\/p>\n
to 15% of the total posts of Lower Division Clerks\/Village Assistants only<\/p>\n
with effect from 6.12.2006 as stipulated in Note 2. The direction issued<\/p>\n
by the learned Single Judge cannot therefore be sustained.<\/p>\n
      11. In the result, we allow W.A.Nos.640 and 708 of 2008, set aside<\/p>\n
the judgment of the learned Single Judge and declare that the petitioners<\/p>\n
in W.P.(C) No.31791 of 2003 and W.P.(C) No.9590 of 2004 and<\/p>\n
Villagemen similarly placed can claim promotion to 15% of the total<\/p>\n
number of posts of Lower Division Clerk\/Village Assistant only with effect<\/p>\n
from 6.12.2006, subject to the stipulations in Note 2 to Category No.4 in<\/p>\n
                                   -: 11 :-<\/span><\/p>\n
Rule 3 of the Special Rules for the Kerala Revenue Ministerial Subordinate<\/p>\n
Service, as amended by G.O.(P) No.456\/07\/RD dated 31.12.2007.<\/p>\n
                                                J.B. Koshy,
\n                                                Acting Chief Justice.\n<\/p>\n
                                                P.N.Ravindran,
\n                                                Judge.\n<\/p>\n
ess 9\/12<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court State Of Kerala vs Villagemen Staff Asociation … on 2 January, 2009 IN THE HIGH COURT OF KERALA AT ERNAKULAM WA.No. 640 of 2008() 1. STATE OF KERALA, REPRESENTED BY … Petitioner 2. PRINCIPAL SECRETARY (FINANCE) 3. THE DISTRICT COLLECTOR, THRISSUR. Vs 1. VILLAGEMEN STAFF ASOCIATION REG.NO. … Respondent For Petitioner :GOVERNMENT […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-29425","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nState Of Kerala vs Villagemen Staff Asociation ... on 2 January, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/state-of-kerala-vs-villagemen-staff-asociation-on-2-january-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Kerala vs Villagemen Staff Asociation ... on 2 January, 2009 - 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