IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WA.No. 1741 of 2011 --------------------- AGAINST THE ORDER IN WPC.32654/2010 Dated 20/10/2011 .................... APPELLANT/ADDL.5TH RESPONDENT: ----------------------------------------- M.P.JOHN, MANJALY HOUSE, SNEHAPURAM CHURCH ROAD, U.C.COLLEGE P.O., PIN 683102, ALUVA. BY ADV. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE SRI.MANU GEORGE KURUVILLA SRI.AMAL GEORGE RESPONDENTS/RESPONDENTS: ----------------------------------- 1. P.K.CHANDRASEKARAN, GENERAL MANAGER (MATERIALS), FERTILIZERS AND CHEMICALS TRAVANCORE LTD. UDYOGAMANDAL-683501. 2. UNION OF INDIA, REPRESENTED BY CABINET SECRETARY TO GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NEW DELHI-110101. 3. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF CHEMICALS AND FERTILIZERS, SASTHRI BHAVAN, DR.RAJENDRAPRASAD ROAD, NEW DELHI-110115. 4. THE PUBLIC ENTERPRISES SELECTION BOARD, PUBLIC ENTERPRISES BHAVAN, BLOCK NO.14, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003, REPRESENTED BY ITS SECRETARY. 5. THE NATIONAL COMMISSION FOR SCHEDULED CASTES, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI 110003, REPRESENTED BY ITS SECRETARY. R1 BY ADV.SRI. K. JAJU BABU R2 & R3 BY SRI.SUSHEEL JOSEPH CYRIAC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1741 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2011 JUDGMENT Manjula Chellur, Ag. C.J. The present appeal is directed against the interim order of the learned Single Judge wherein the learned Single Judge clarified that the interim order passed by the Court on earlier occasion does not fetter the powers of the Government and the 2nd respondent in W.P.(C) No.6771 of 2011 to appoint the petitioner in W.P.(C) No.32654 of 2010 as the Director (Marketing) of Fertilizers and Chemicals of Travancore (FACT for short) Limited. 2. The main contention of the appellant seems to be that the private respondent herein has neither the experience nor qualification in the Marketing sector, therefore the order of empanelment of the private respondent as the head of Marketing by the FACT is erroneous. 3. The learned Single Judge after referring to the facts and circumstances, in both the writ petitions, made justifiable W.A. No. 1741 of 2011 -:2:- directions without creating any absolute powers in any authority. On the other hand, restrictions are put by the learned Single Judge. While making the interim order, the main concern of the Bench was to see that the important post of this nature will not be vacant which would hamper the administration. If ultimately the appellant is successful in the writ petition filed by him, automatically the appointment would be interfered with, because the interim order, directing to appoint the private respondent, is subject to the result of the writ petition filed by the present appellant. The Writ Appeal is dismissed. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb