IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 18395 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. TOMY PAUL, S/O.PAUL, PALATTY KOONATHAN HOUSE, THURAVOOR P.O., ANGAMALY - 683 586. 2. MOLLY JOSE, W/O.BENNY JOSEPH, ETTATHOTTU HOUSE, 19TH MILE, VAZHOOR EAST P.O., PONKUNNAM, KOTTAYAM DISTRICT. 3. SUMA K.S., W/O.SANTHOSH, PLAPPALLY HOUSE, VARANADU P.O., CHERTHALA. 4. SARITHA P.S., W/O.SATHEESAN, ARAVINDAN PARAMBIL, ANDHAKARANAZHY P.O. CHERTHALA, ALAPPUZHA DISTRICT. 5. GEETHA P.L., W/O.P.C.RADHAKRISHNAN, POLLAYIL, VATTACKAL P.O., CHERTHALA - 688 587. 6. R.K.UDAYABHANU, S/O.T.V.NARAYANAN NAMBIAR, THIYANCHERRY HOUSE, NUCHIYAD (P.O) ULIKKAL - 670 705. 7. C.M.BABURAJ, S/O.V.M.NARAYANAN (LATE) CHEPPAIKOTTUMADAM, ERONAM DESAM (P.O) PAYYANNUR (VIA), KANNUR - 670 307. 8. PREETHA L., W/O.K.BABU, VELLAKKATTU HOUSE, KADAKARAPALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT. 9. DEEPA V.O., D/O.OUSEPACHAN V.F. MURALI GARDEN, VADAKAN HOUSE, INDUSTRIAL ESTATE, PALAKKAD. 10. RAJESH.K., S/O.N.K.PILLAI, EDAYINETHU HOUSE, EREZHA SOUTH P.O., CHETTIKULANGARA, MAVELIKKARA, ALAPPUZHA DISTRICT. WPC NO.18395/2010 11. SINISH N.G., W/O.ASHIKUMAR, VELVAS HOUSE, VAYALAR EAST P.O., CHERTHALA, ALAPPUZHA DISTRICT. 12. SOBHA C.S., W/O.K.G.PRIYADARSHAN KAUSALYA SADANAM, PATTANAKKAD P.O., CHERTHALA - 688 531, ALAPPUZHA DISTRICT. 13. REMYA RAJU, D/O.RAJU, NADUVILAMURY, ANDHAKARANAZHY P.O., CHERTHALA - 688 531, ALAPPUZHA DISTRICT. 14. SEEMA A.P., D/O.A.C.SAROJINI, "SOUPARNIKA", AMBELIPADAM, VYTTILA P.O., KOCHI - 682 019. 15. JISSYMOL K.G., D/O.N.D.GOPIDAS, KUNNELPARAMBIL, THIRUMALABHAGOM P.O., CHERTHALA, ALAPPUZHA DISTRICT. 16. BINDU G.NATH, D/O.C.K.GOPINATHAN, "BINDU BHAVAN", K.S.MANGALAM, VAIKOM - 686 608. 17. PRIYA M.R., D/O.T.P.RAMACHANDRAN NAIR, MUTHAYIL HOUSE, ERAMALLIKARA P.O., VANAVATHUKARA - 689 109. 18. LEKHA CHANDRAN, D/O.K.P.RAMACHANDRAN NAIR, "SIVASAKTHI", EAST GATE, VAIKOM P.O., PIN - 686 141. 19. MANEESHA D.R., D/O.K.DEVADAS, "KEERTHANAM" ASRAMAM WARD, AVALUKKUNNU P.O., ALAPPUZHA - 688 006. 20. AJOY VARGHESE, S/O.VARGHESE, KIZHAKKEL HOUSE, KOOROPPADA P.O., KOTTAYAM - 686 002. 21. MARIAMMA THOMAS, W/O.ROY VARGHESE, "RUBY BHAVAN", PARAKKODE P.O., EZHAMUKULAM. 22. SREEKUMAR C.K., S/O.T.N.KRISHNANKUTTY NAIR, PAYIPPATTU HOUSE, PERUMPALAM P.O. CHERTHALA, ALAPPUZHA DISTRICT. 23. RESMI S., D/O.K.A.SUKUMARAN, NADAKKAL HOUSE, AROOR P.O., PIN - 688 534. WPC NO.18395/2010 24. RESMI PRAKASH, W/O.K.G.PRASAD, CHIRUYIL HOUSE, THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT PIN - 688 532. 25. SONY.V.V., D/O.THIRUNALA VASUDEVAN, VALIYAPARAMBIL HOUSE, THIRUMALABHAGAM P.O., THURAVOOR, CHERTHALA, PIN - 688 540. 26. SHIJIMON K.T., S/O.K.THANKAPPAN, KANDEKKATTUVELI, ERAMALLOOR P.O., CHERTHALA. 27. REJITHA K.V., D/O.K.P.VIDHYADHARAN KUNNEPARAMBIL, THIRUMALABHAGAM P.O., CHERTHALA, ALAPPUZHA DISTRICT. 28. SATHEESH KUMAR P., S/O.PADMANABHAN NAIR.K., DEVAKI NIVAS, EVRA A-32, VALIYAVILA, THIRUMALA POST, THIRUVANANTHAPURAM. 695 006. 29. JITHESH KUMAR.K.G., S/O.K.S.GOPALAKRISH NA PILLAI, KANDATHUPARAMBU, JITHESH NIVAS, VALAYAMANGALAM THURAVOOR P.O., PIN - 688 532, ALAPPUZHA DISTRICT. 30. MOHAMMED NIAZ P.A., S/O.P.S.ABDUL MAJEED, FATHIMA MANZIL, KODAMTHURUTH, KUTHIATHODE P.O., CHERTHALA - 688 533, ALAPPUZHA DISTRICT. 31. SHYJESH V., S/O.T.N.VIJAYAN, THARAYIL HOUSE, NARAKKAL PO. PIN - 682 505. 32. DINESH KUMAR N.K., S/O.K.KARUNAKARAN, GOWRI NIVAS, NRRA-24-A, IIIRD CROSS ROAD (NORTH), NATTAYIKODATH ROAD, PALARIVATTOM P.O. KOCHI - 682 025. 33. SEBASTIAN JOSEPH, S/O.JOSEPH MATHEW, MUTTATHIL (H), ALAPPURAM, ELANJI (P.O), ERNAKULAM DISTRICT. 34. PRIYA PRASAD, D/O.PRASAD, PRIYA BHAVAN, H.NO.19/1626 A NELSON MANDELA ROAD, PALLURUTHY, COCHIN - 682 006. 35. ANZARI S.M., S/O.K.K.MOOSAKUTTY, SATHAR MANZIL, CHANDIROOR P.O., CHERTHALA - 688 547, ALAPPUZHA DISTRICT. WPC NO.18395/2010 36. V.SHAJI, S/O.N.R.VISWANATHAN, "VISWA MANDIRAM", VELIYAM P.O. KOTTARAKKARA, KOLLAM DISTRICT. 37. DIVYA E.P., D/O.DAMODARAN NAIR, GEETHANJALI, NIRAMARATHUR P.O., TIRUR, MALAPPURAM, PIN - 676 109. 38. DINESH P.C., S/O.UNNIKRISHNAN SUDHA NIVAS, MULLANPARA P.O., MANJERI, MALAPPURAM DISTRICT. 39. MALLIKA M.T., W/O.BHASKARAN.T. VARIKKANIYIL HOUSE, EDAKKANAM, KEEZHOOR P.O., IRITTY, PIN - 670 703. 40. ARCHANA VANDICHAL, D/O.V.C.DHARMADASAN, "ARCHANA", THALAP, KANNUR - 2. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, KERALA STATE WARE HOUSING CORPORATION, KERALA STATE WARE HOUSING ROAD, ERNAKULAM, COCHIN - 682 016. 2. KERALA STATE WARE HOUSING CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA STATE WARE HOUSING ROAD, ERNAKULAM, COCHIN - 682 016. 3. THE BOARD OF DIRECTORS, KERALA STATE WARE HOUSING CORPORATION, REPRESENTED BY ITS CHAIRMAN, ERNAKULAM, COCHIN - 682 016. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1 TO 3 MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, ALONG WITH WPC NOS. 19717, 20213 & 21846 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.18395 (Y), 19717 (L), 21846 (E) & 20213 (B) of 2010 --------------------------------- Dated, this the 13th day of July, 2010 J U D G M E N T Issue raised in these writ petitions is common. Therefore, these writ petitions were heard together and are disposed of by this common judgment. 2. For convenience, WP(C) No.18395/2010 is taken as the leading case. 3. Challenge in the writ petition is against Ext.P6 order dated 10/05/2010 passed by the 1st respondent. 4. Briefly stated the facts of the case are that on 17/10/2005, a notification was issued by the 1st respondent inviting applications for filling up 50 vacancies in the category of Assistants. Written test was conducted on 30/12/2005 and interview was held during February, 2006, based on which, on 28/02/2006 ranked list was published. In the meanwhile, the Executive Committee of the 1st respondent in its meetings held on 27/01/2006 and 28/02/2006 decided to create 40 and 33 posts of Assistants in the services of the 1st respondent. From the ranked list published, 99 selected WP(C) Nos.18395, 19717, 21846 & 20213 of 2010 -2- candidates were appointed as Assistants. Ext.P2 dated 01/03/2006 is one of the appointment orders issued. 5. Accordingly, all the 99 candidates joined the post and while so, on 03/02/2007 orders were issued by the 1st respondent terminating their services. Challenging the termination of their services, writ petitions were filed before this Court. The Writ Petitions were heard and by Ext.P5 judgment rendered on 24/11/2009, the cases were disposed of directing that orders dated 03/02/2007 issued to the petitioners be treated as show cause notices, that it will be open to the petitioners to file their objections and that the petitioners will be heard and orders will be passed. In pursuance to the directions in the judgment, objections were filed by the petitioners. They were heard and finally, Ext.P6 order dated 10/05/2010 was issued rejecting the objections. It is in these circumstances, this writ petition has been filed challenging Ext.P6. 6. In the impugned order, one of the grounds on which the termination orders is sought to be sustained is that only the Board of Directors of the 1st respondent had the power to enhance the staff strength and that it was based on the decision of the Executive WP(C) Nos.18395, 19717, 21846 & 20213 of 2010 -3- Committee creating additional posts, that the petitioners were appointed. 7. Contention raised by the learned Senior counsel appearing for the petitioners is that as is evident from Ext.P6 order itself, the Board of Directors of the 1st respondent ratified the creation of posts by the Executive Committee. It is contended that once the Board of Directors ratified the decision of the Executive Committee, the decision is that of the Board of Directors, which admittedly, is competent to create additional posts. 8. However, this contention of the petitioners is sought to be resisted by the respondents. The learned Standing Counsel for the respondents produced before me judgment of the Division Bench of this Court in W.A.No.1918/2007. That litigation was in relation to the appointment of Drivers in the 1st respondent Corporation, which also was made to non-existing posts. In that case also, the action of the Executive Committee in creating posts and appointing persons concerned was ratified by the Board of Directors. Dealing with the issue of ratification, this Court held that since the Executive Committee had no power to create posts, the fact that the Board of Directors ratified the decision of the Executive WP(C) Nos.18395, 19717, 21846 & 20213 of 2010 -4- Committee will not legitimise the unauthorised action on the part of the Executive Committee. Learned Standing Counsel also points out that this judgment was confirmed by the Apex Court by dismissing SLP (Civil) No.22693/2007 by order dated 13/04/2009. 9. In my view, the principle laid down by the Division Bench in the aforesaid judgment, which was confirmed by the Apex Court, applies with all force to the facts of this case. Therefore, the contention advanced by the learned Senior counsel for the petitioners has no merit. 10. It was then contended by the learned Senior counsel that under Section 25 of the Warehousing Corporations Act, Executive Committee of the State Warehousing Corporation shall consist of, the Chairman of the Board of Directors, the Managing Director and 3 other Directors. It was argued that under Section 25(3) of the Act, subject to any general or special directions, as the Board of Directors may, from time to time give, the Executive Committee shall be competent to deal with any matter within the competence of the State Warehousing Corporation. It is stated that in view of this provision, the Executive Committee is entitled to exercise the powers of the Board of Directors. WP(C) Nos.18395, 19717, 21846 & 20213 of 2010 -5- 11. However, the operation of Section 25(3) of the Act is subject to general or special directions issued by the Board of Directors. It is seen that in exercise of the powers conferred under Section 42(1) of the Warehousing Corporations Act, the 1st respondent, with the previous sanction of the Government of Kerala, framed General and Staff Regulations, 1963. Regulation 5 provides that the Board of Directors shall, from time to time, determine the strength of the Staff, both permanent and temporary under the various categories required for carrying out its functions. Thus by Regulation 5 referred to above, the Board reserved in favour of itself, the power to determine the staff strength and therefore in view of the reservation thus made, the Executive Committee is deprived of this power and therefore, the submission made on behalf of the petitioners is only to be rejected. 12. It was then contented by the learned Senior counsel for the petitioners that after terminating the services of 99 Assistants appointed in pursuance to the notification issued on 17/10/2005, another set of employees have been appointed describing them as Class IV employees. It is contended that from this itself, requirement of personnel is evident and therefore, the respondents WP(C) Nos.18395, 19717, 21846 & 20213 of 2010 -6- ought not have terminated their services, particularly having regard to the fact that the selection process, based on which they were selected, has not been found to be vitiated for any reason. However, this contention of the learned Senior counsel is countered by the 1st respondent referring to Clause 7(ii) of the Regulations, which authorises the Corporation to make appointment to Class IV posts from among the candidates sponsored by Employment Exchange. It was asserted that all the persons appointed to Class IV category were sponsored by Employment Exchange and therefore, all the appointments have been made in terms of the Regulations. Having considered the provisions of Clause 7(ii) of the Regulations referred to above, I am inclined to agree with the learned Standing Counsel for the respondents. 13. Then the petitioners contended that 27 persons appointed on casual basis were regularised. This again is answered by the learned Standing Counsel for the respondents stating that their regularisation was ordered in 1996 and that too with the approval of the Government. Pleadings in this writ petition show that nothing is available to discard the contentions of the respondents. WP(C) Nos.18395, 19717, 21846 & 20213 of 2010 -7- 14. Therefore, I do not find any merit in the contentions raised by the petitioners. For these reasons, I am not inclined to interfere with Ext.P6. This writ petition fails and is accordingly dismissed. In view of the judgment dismissing WP(C) No.18395/2010, WP (C) Nos.19717, 21846 & 20213 of 2010 are also to be dismissed and I do so. (ANTONY DOMINIC, JUDGE) jg