IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WA.No. 2035 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.20116/2008 DATED 28/07/2008. .................... APPELLANTS/RESPONDENTS 2 AND 3: -------------------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED, KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033. 2. MANAGING DIRECTOR KELTRON COMPONENT COMPLEX LIMITED, KELTRON NAGAR, KALLIASSERI P.O., KANNUR-670 562. BY MR.T.P.KELU NAMBIAR, SENIOR ADVOCATE, ADV. MR.M.GOPIKRISHNAN NAMBIAR. RESPONDENTS/PETITIONERS AND THE 1ST RESPONDENT: -------------------------------------------------------------------------------------- 1. JNANAPRAKASH.S., KELTRON CRYSTALS LTD., KELTRON NAGAR, KALLIASSERI P.O., KANNUR-670 562. 2. P.RAVEENDRAN, KELTRON CRYSTALS LTD., KELTRON NAGAR, KALLIASSERI P.O., KANNUR-670 562. 3. T.C.GOPALAKRISHNAN, KELTRON CRYSTALS LTD, KELTRON NAGAR, KALLIASSERI P.O., KANNUR-670 562. 4. KRISHNADAS.M., KELTRON CRYSTALS, KELTRON NAGAR, P.O.KALLIASSERI, KANNUR-67-562. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY ADV. MR. V.C. JAMES. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No.2035 OF 2008 ------------------------------ Dated this, the 15th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The respondents 2 and 3 in the Writ Petition are the appellants. The writ petitioners are the respondents 1 to 4. 2. The brief facts of the case are the following: The 1st appellant is a holding Company and the 2nd appellant is one of its subsidiaries at Kalliasseri in Kannur District. There are three other subsidiaries of the 1st appellant functioning at Kalliasseri. Because of financial difficulties, for the last few years no appointments or promotions were made in the 2nd appellant. Finally, the Board of Directors by Ext.R3(a) decision dated 25.3.2008 permitted the Managing Director of the 2nd appellant to fill up 13 vacancies mentioned therein by promotion. Soon thereafter, the Government issued Ext.P2 order dated 27.5.2008 W.A. No.2035/2008 - 2 - accepting a proposal to merge all the aforementioned four companies at Kalliasseri into one unit. Two of the conditions contained in Ext.P2, which are relevant in this case, are quoted below for convenient reference. “(b) All posts in the merged subsidiaries will be declared as supernumerary so that the vacancies resulting out of retirements and resignations will not be filled up. (c) Any post which is inevitable for operations should be filled up only with the concurrence of Government.” As per the above conditions, all the posts in the merged subsidiaries will be treated as supernumerary posts and if any one of them is vacated by retirement, death, resignation or otherwise, it shall not be filled up. If the filling up of the post is inevitable for the operation of the unit, the same can be done with the sanction of the Government. 3. Some of the employees of another subsidiary at Kalliasseri, namely, Keltron Crystals Ltd. filed Ext.P3 representation before the Government pointing out the proposal in Ext.R3(a) and also contending that the same will W.A. No.2035/2008 - 3 - run counter to Ext.P2. Thereafter, they approached this Court by filing the present Writ Petition, praying, inter alia, for a direction to dispose of Ext.P3 representation and to keep in abeyance all further proceedings for effecting promotions in the vacancies available in the 2nd appellant. The learned Single Judge disposed of the Writ Petition directing that the promotions as per Ext.R3(a) shall be done only with the previous sanction of the Government. Challenging the said direction, the Writ Appeal was preferred. 4. According to the appellant, previous sanction of the Government is necessary only to fill up posts in the subsidiaries after the merger. While admitting the Writ Appeal, the said contention was accepted and the 2nd appellant was permitted to effect the promotions without Government sanction. The 2nd appellant has infact ordered promotions also on the strength of the interim order. Now, we are told that the merger took place on 1.1.2010 and the appellants submit that hereafter the vacancies will not normally be filled up in view of Ext.P2. The filling up of any W.A. No.2035/2008 - 4 - vacancy becomes inevitable, the same shall be done only with the sanction of the Government. We think the view taken by the Division Bench while passing the interim order is the correct position and the Writ Appeal can be disposed of making that order absolute, subject to a clarification that the promotions ordered shall be treated as regular, if they are otherwise in order. We do so and the Writ Appeal is disposed of as above. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps