IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WA.No. 2233 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5343/2008 Dated 30/09/2008 .................... APPELLANTS/PETITIONERS:- -------------------------------------------- 1. SUDHEER P. PEON, SOIL CONSERVATION OFFICE, THALASSERY, KANNUR DISTRICT. 2. P.K. MATHEW, LASCAR SOIL CONSERVATION OFFICE, MANANTHAVADY, KELLOOR P.O., WAYANAD DT. 670 645,. 3. SREENIVASAN K, LASCAR SOIL CONSERVATION OFFICE, PERAMBRA, KOZHIKODE DT. 4. JOHNY M.F., PEON, ASSISTANT DIRECTOR OF SOIL CONSERVATION (EH), OFFICE P.B.M. BUILDINGS, MEENANGADI, WAYANAD DT. 5. H.MANZOOR KHAN, PEON, SOIL CONSERVTION OFFICE MINI CIVIL STATION, CHENGANNUR, ALAPPUZHA DISTRICT. 6. S.ANILKUMAR, LASCAR , ASSISTANT DIRECTOR, (SOIL SURVEY) OFFICE, KAICO BUILDINGS, FORT P.O., THIRUVANANTHAPURAM. 7. SURESHKUMAR K.P. , LASCAR SOIL CONSERVATION OFFICE, VITH FLOOR,REVENUE TOWER, CHANGANCHERRY, KOTTAYAM DT. BY ADV. SRI.KALEESWARAM RAJ Kss ..2/- ...2... W.A.NO.2233/2008 RESPONDENT(S): RESPONDENTS:- ------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS -R1 & R2 ADV. SRI. ALEXANDER THOMAS, SC, KPSC FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss 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