IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 OP.No. 29252 of 2000(G) ----------------------- PETITIONER(S): --------------- 1. M.P.A.SALAM, RECEPTION ASST. KERALA HOUSE, NEW DELHI. 2. K.RAJAGOPALAN, -DO- 3. P.VISWANATHAN, -DO- BY ADV. SRI.M.BALAGOVINDAN SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF TOURISM DEPT., TRIVANDRUM. 3. THE RESIDENT COMMISSIONER, KERALA HOUSE, NEW DELHI. GOVERNMENT PLEADER SHRI.M.R.SABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON 24/09/2008 DELIVERED THE FOLLOWING: O.P.NO.29252/00. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DTD 25.8.94. P2. COPY OF THE GOVT. ORDER DTD.17.6.94. P3. COPY OF THE GOVT. ORDER DTD.18.5.98. P4. COPY OF THE REPRESENTATION DTD.1.7.99 BEFORE R1. P5. COPY OF THE GOVT. ORDER DTD.17.2.00 TO R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.29252 of 2000 ================== Dated this the 24th day of September, 2008 J U D G M E N T The petitioners are employees of the Kerala House at New Delhi. In this original petition their claim is that they are entitled to be considered on par with other employees in the Department of Tourism of the Government of Kerala, on the ground that the Kerala House, New Delhi, forms part of the Tourism Department. They, therefore, want the respondents to draw up a common seniority list in respect of the employees of the Department of Tourism including those of the Kerala House, New Delhi also and grant all promotional avenues and other benefits available to the employees of the Tourism Department to the employees of the Kerala House, New Delhi. 2. A counter affidavit has been filed by the 1st respondent asserting that the Kerala House, New Delhi, is not an establishment under the Department of Tourism and, on the other hand, the Kerala House is an establishment coming under the direct control of the Government and is controlled by the General Administration Department of the Government. They would also assert that the petitioners were originally appointed on contract basis pursuant to the notification inviting applications 2 specifically for Kerala House and they were recruited as such. Therefore, according to the 1st respondent, the petitioners cannot now turn around and say that they are not exclusive employees of the Kerala House, New Delhi, but are employees of the Tourism Department of the Government of Kerala. 3. I have considered the rival contentions in detail. 4. The petitioners have not been able to prove with any reliable document that the Kerala House, New Delhi, is treated by the Government as a unit or part of the Department of Tourism of the Government of Kerala. They have also not chosen to controvert the contentions in the counter affidavit that the Kerala House is under the direct control of the General Administration Department of the Government and that the petitioners were recruited originally exclusively for Kerala House, New Delhi. That being so, I am unable to countenance the contentions of the petitioners to the effect that Kerala House, New Delhi, is part of the Department of Tourism of the Government of Kerala. In such circumstances, there is no merit in this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3 S.SIRI JAGAN, J. ================ O.P.No.29252 of 2000-G ================ J U D G M E N T 24th September, 2008