IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 29557 of 2008(R) --------------------------------------- PETITIONER: ------------------- T.C.SASIKUMAR, SENIOR SUPERINTENDENT, STATE WATER TRANSPORT DEPARTMENT, REGIONAL OFFICE, CHANGANACHERRY. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 3. SHAJI V.NAIR, FINANCE MANAGER, PLANTATION CORPORATION OF KERALA LTD., KOTTAYAM. R1 & R2 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH, R3 BY ADVS. MR.H.B.SHENOY, MR.B.ASHOK SHENOY, MR.K.P.MEHABOOB SHERIFF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29557/2008-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SPECIAL RULES DTD. 25/06/1977. EXT.P.2: COPY OF THE ORDER DTD. 06/03/2000 OF THE R.2. EXT.P.3: COPY OF THE PETITIONER'S REPRESENTATION DTD.07/12/2005, BEFORE R.1. EXT.P.4: COPY OF THE LETTER DTD. 24/12/2005 FROM THE DIRECTOR TO R.1. EXT.P.5: COPY OF THE ORDER DTD. 30/08/2006 OF THIS HONOURABLE COURT IN C.C.(C) 953/2006-S. EXT.P.6: COPY OF THE CIRCULAR DTD. 17/01/2007. EXT.P.7: COPY OF THE G.O.(RT).NO.265/2007/TRANS. DTD. 28/07/2007. EXT.P.8: COPY OF THE CLIPPINGS SIGNED ON 19/05/2007 BY THE PRINCIPAL SECRETARY. EXT.P.9: COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DTD. 31/07/2007. EXT.P.10: COPY OF THE ORDER DTD. 31/07/2007 IN I.A. 10536/2007 IN W.P.(C).4545/2007. EXT.P.11: COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DTD. 05/10/2008. EXT.P.12: COPY OF THE ORDER DTD. 07/10/2008 IN W.P.(C).NO.29557/2008. EXT.P.13: COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DTD. 12/10/08. EXT.P.14: COPY OF THE INFORMATION DTD. 13/09/2007 OBTAINED UNDER R.T.I. ACT 2005. EXT.P.15: COPY OF THE CIRCULAR DTD. 16/10/2008 ISSUED BY THE DIRECTOR OF STATE WATER TRANSPORT DEPARTMENT. EXT.P.16: COPY OF THE APPOINTMENT ORDER OF THE R.3. AS DIRECTOR OF STATE WATER TRANSPORT DEPARTMENT – G.O.(MS).NO.39/2008/TRANS. DTD. 04/10/08. EXT.P.17: COPY OF THE I.A. 15747/2006 IN W.P.(C).NO.26745/2006. EXT.P.18: COPY OF THE NOTIFICATION ISSUED IN RESPECT OF THE SPECIAL RULES. W.P.(C). NO.29557/2008-R: EXT.P.19: COPY OF THE JUDGMENT DTD. 17/10/2007 IN W.P.(C).NO.4545/2007. EXT.P.20: COPY OF THE JUDGMENT IN W.A. NO. 140/2008 DTD. 17/01/2008. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE GOVERNMENT ORDER DTD. 30/09/06. EXT.R1.B: COPY OF THE G.O.(RT).NO.448/2007/FIN. DTD. 19/09/2007. EXT.R1.C: COPY OF THE G.O.(P).NO.36/2008/TRANS. DTD. 25/09/2008. EXT.R3.A: COPY OF THE LETTER NO. FMIL/PER-318/98 DTD. 30/11/2006 ISSUED BY MANAGING DIRECTOR, FOAM, MATTINGS (I) LTD., TO MANAGING DIRECTOR, PLANTATION CORPORATION OF KERALA LTD. EXT.R3.B: COPY OF THE CERTIFICATE NO. FMIL/PER-318/98 DTD. 30/11/2006 ISSUED BY MANAGING DIRECTOR, FOAM MATTINGS (I) LTD. EXT.R3.C: COPY OF THE PROCEEDINGS NO. PD/PA/10315 DTD. 22/01/2008 ISSUED BY GENERAL MANAGER (C&P), PLANTATION CORPORATION OF KERALA LTD., TO R.3. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. --------------------------- W.P.(C) No.29557 of 2008 --------------------------- Dated this the 9th day of October, 2009 JUDGMENT The petitioner is the Senior Superintendent in the State Water Transport Department. As per Ext.P1 Special Rules, which were then prevailing, he could have been considered for appointment as the Director, on transfer, though not on promotion. On the retirement of the earlier incumbent in the office, the petitioner aspired for appointment as a Director. But the Government, as per Ext.P7 order appointed the 3rd respondent on deputation, invoking its powers under Rule 9B of the General Rules. This was challenged by the petitioner in W.P.(C)No.4545/07. The writ petition was dismissed as per Ext.P19 judgment, holding that the Government has the power to effect appointment through deputation under Rule 9B of the Rules. Ext.P19 judgment was affirmed by the Division Bench in Ext.P20. 2. In the meanwhile, the deputation of the 3rd respondent was cancelled as per Ext.R1(b) W.P.(C)No.29557 of 2008 :: 2 :: order and thereafter amended Special Rules were brought into force by Ext.R1(c). The 3rd respondent was again appointed as the Director on deputation as per Ext.P16 order. This writ petition was filed on the premise that the amended Rules had not been brought into force. A challenge was mounted against the appointment of the 3rd respondent as the Director, on deputation. The petitioner also prays for consideration of his case for appointment as Director on regular basis. 3. Counter affidavits have been filed by the Government as also the 3rd respondent. 4. The Government's power to make appointment on deputation has been upheld by this court in Exts.P19 and P20 judgments. It is also relevant to note that the 3rd respondent is qualified for appointment under the amended Rules. Thus, I do not find any grounds to interfere with the appointment of the 3rd respondent Director on deputation. 5. Learned Government Pleader submits that the petitioner is not eligible to be considered for appointment as Director under the Special Rules. I do not propose to go into that W.P.(C)No.29557 of 2008 :: 3 :: question. Be that as it may, now that the amended Special Rules have been brought into force, the Government should think of appointment of a Director on regular basis. If the petitioner is qualified as per the amended Special Rules, he shall also be considered for regular appointment to the post of Director. Orders shall be passed by the Government within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge