IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33756 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ P.A.ALEXANDER, AGED 80 YEARS, S/O.ALEXANDER, KARIPPAKUZHIYIL, MUNDIAPPALLY PO, KUNNANTHANAM VIA, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.M.P.KRISHNAN NAIR, SMT.RAJESWARI KRISHNAN, SRI.V.B.NARAYANAN, SRI.ANIYANKUNJU VARGHESE, SRI.M.P.HARIKUMARAN PILLAI. RESPONDENT(S): ---------------------------- 1. SECRETARY, MINISTRY OF SMALL AND MEDIUM INDUSTRIES, 7TH FLOOR, A WING, NIRMAN BHAVAN, NEW DELHI - 110 001. 2. THE DIRECTOR, FOREST BASED INDUSTRIES, KHADI AND VILLAGE INDUSTRIES COMMISSION, IRLA ROAD, VILE PARLE (WEST), MUMBAI - 400 056. 3. STATE DIRECTOR, KHADI AND VILLAGE INDUSTRIES COMMISSION, STATE OFFICE, M.G. ROAD, THIRUVANANTHAPURAM - 695 001. R1 BY SRI. P.PARAMESWARAN NAIR, ASST.S.G. OF INDIA R2 & R3 BY ADV. SRI. T.RAJASEKHARAN NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33756/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDEDR DTD. 13/01/1954. P2: COPY OF THE GRADATION LIST OF THE STAFF ELIGIBLE FOR PROMOTION DURING 1956-57. P3: COPY OF THE MEMORANDUM NO.ADM/EST.III/B.K.II DTD. 11TH SEPTEMBER, 1956 ISSUED BY THE KHADI AND VILLAGE INDUSTRIES BOARD. P4: COPY OF THE REPRESENTATION DTD 22/09/1956 SUBMITTED BY THE PETITIONER. P5: COPY OF THE REPRESENTATION DTD. 15/11/1963 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P6: COPY OF THE REPRESENTATION DTD. 7/1/1964 TO THE DIRECTOR, BEE- KEEPING INDUSTRY, BOMBAY - 56. P7: COPY OF THE REPRESENTATION DTD. 16/02/1964 SUBMITTED TO THE DIRECTOR, BEE-KEEPING INDUSTRY, KHADI AND VILLAGE INDUSTRIES COMMISSION, BOMBAY. P8: COPY OF THE REPLY DTD. 17TH MARCH, 1964 ISSUED FROM THE DIRECTOR (BK), BEEKEEPING DIRECTORATE. P9: COPY OF THE REPRESENTATION DTD. 3RD DECEMBER, 1966 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P10: COPY OF THE SENIORITY LIST OF BEE KEEPING EMPLOYEES AS ON 31/12/1969. P11: COPY OF THE REPRESENTATION DTD. 28/06/1973 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P12: COPY OF THE LETTER NO.EST/BK/18/74-75/9097 DTD. 16TH DECEMBER 1974 ISSUED BY THE 2ND RESPONDENT. P13: COPY OF THE LETTER NO.EST/BK/18/74-75/10989DTD. 15TH MARCH, 1975 ISSUED BY THE 2ND RESPONDENT. P14: COPY OF THE REPRESENTATION DTD. 4/1/1979 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P15: COPY OF THE O.J.C.NO.673/80 DTGD. 21/4/80 FILED BEFORE THE HIGH COURT OF ORISSA. Kss ..2/- ......2...... WPC.NO.33756/2011 T P16: COPY OF THE COUNTER AFFIDAVIT DTD. 22TH JUNE, 1981 FILED BY THE 2ND RESPONDENT. P17: COPY OF THE REPLY AFFIDAVIT DTD. 12/08/1987 FILED BY THE PETITIONER. P18: COPY OF THE ORDER SHEET DTD. 29/07/1988 OF THE HON'BLE HIGH COURT ORISSA. P19: COPY OF THE REPRESENTATION DTD. 1ST FEBRUARY, 1989 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P20: COPY OF THE SENIORITY LIST DTD. 26/09/1988. P21: COPY OF REPRESENTATION DTD. 5/4/1989 SUBMITTED BY THE PETITIONER TO THE DIRECTOR BEE-KEEPING. P22: COPY OF THE REPRESENTATION DTD. 18/3/1991 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P23: COPY OF THE REPLY DTD. 27TH NOVEMBER, 1991 ISSUED BY ASSTT.DIRECTOR, BEE-KEEPING. P24: COPY OF REPRESENTATION DTD. 21/09/1996 SUBMITTED BY THE PETITIONER TO THE CEO. P25: COPY OF THE REPRESENTATION DTD. 11/8/98 SUBMITTED BY THE PETITIONER TO THE PRIME MINISTER. P26: COPY OF THE LETTER DTD. 1/07/1999 ISSUED BY DY.DIRECTOR. P27: COPY OF THE LETTER DTD. 11TH NOVEMBER, 2002 SENT BY SRI.RAMESH CHENNITHALA TO THE CHIEF EXECUTIVE OFFICER, KHADI & VILLAGE INDUSTRIES COMMISSION, MUMBAI - 56. P28: COPY OF THE LETTER NO.BKI/EST/18/PAA/2003-04/2963 DTD.22/12/2003 ISSUED BY THE CEO. P29: COPY OF THE REPRESENTATION DTD. 5/10/2006 SUBMITTED BY THE PETITIONER TO THE CEO. P30: COPY OF THE LETTER NO.FBI/EST/15/PAA 2008-09/1310 DTD. 25TH SEPTEMBER, 2008 ISSUED BY 2ND RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. P31: COPY OF THE LETTER NO.SOK/SUPDT/GEN/08-09/7757 DTD. 14TH OCTOBER, 2008 ISSUED BY THE 3RD RESPONDENT. Kss ..3/- ..3.... WPC.NO.33756/2011 T P32: COPY O THE REPRESENTATION DTD. 23TH JUNE, 2009 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P33: COPY OF THE REPRESENTATION DTD. 10TH AUGUST, 2009 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P34: COPY OF THE LETTER NO.FBI/EST/15/PAA/2009-2010/833 DTD. 10TH AUGUST, 2009 ISSUED BY THE 2ND RESPONDENT. P35: COPY OF THE REPRESENTATION DTD. 30TH SEPTEMBER, 2009 SENT BY REGISTERED POST TO THE 2ND RESPONDENT. P36: COPY OF THE REPRESENTATION DTD. 8TH DECEMBER, 2009 SUBMITTED BY THE PETITIONER TO THE CEO. P37: COPY OF THE REPRESENTATION DTD. 18TH JUNE, 2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P38: COPY OF THE REPRESENTATION DTD. 30TH SEPTEMBER, 2010 SUBMITTED BY THE PETITIONER BEFORE THE CEO. P39; COPY OF THE LETTER NO.SOK/SUPDT./GEN/2010-11/8784 DTD. 18TH OCTOBER, 2010 ISSUED BY THE 3RD RESPONDENT. P40: COPY OF THE LETTER NO.FBI/EST/PF/PAA/18/2010-2011/2178 DTD. 29TH NOVEMBER, 2010 ISSUED BY THE 2ND RESPONDENT. P41: COPY OF THE CIRCULAR NO.EST/BK/SENIORITY/78-79 DTD. 14TH DECEMBER, 1978 ISSUED BY THE 2ND RESPONDENT. P42: COPY OF THE LETTER NO.SOK/SUPDT./GEN./2010-11/12134 DTD. 21/12/2010 ISSUED BY THE 3RD RESPONDENT. P43: COPY OF THE LETTER NO.SOK/SUPDT/GEN/2010-11/12869 DTD. 7TH JANUARY, 2011 ISSUED BY THE 3RD RESPONDENT. P44: COPY OF THE REPRESENTATION DTD. 17/12/2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P45: COPY OF THE REPRESENTATION DTD. 12/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 33756 OF 2011 ----------------------------------------------------------- Dated this the 16th December, 2011. JUDGMENT The petitioner is a person who has retired from the Khadi and Village Industries Board. He joined service as a Junior Fieldman, Bee-keeping Sub Station on 1-1-1954. He was promoted as a Bee- keeping Inspector in 1959 and subsequently as Junior Apiarist. According to the petitioner his service from 1-1-1954 to 23-8-1960 put in before absorption into the Khadi and Village Industries Board was not reckoned for promotion and retirement benefits. According to the petitioner, the said period is also to be taken into consideration for all purposes. Though he has submitted repeated representations to the authorities seeking redressal of his grievances, no favourable orders have been passed. The said period of service has been treated only for the purposes of his pension. Therefore, the petitioner has submitted Ext.P45 representation which according to him is still pending. 2. The counsel for respondents 2 and 3, Shri. T. Rajasekharan Nair submits that the petitioner is an 80 year old man who has been agitating the very same grievances for the last many years. Though WPC 33756/2011 2 his representations have been considered and rejected on a number of occasions, he continues his exercise of submitting further representations. The allegation of the counsel for the respondents is stoutly opposed by the counsel for the petitioner who submits that the representation of the petitioner has never been rejected as alleged. 3. It is to be noted that the petitioner's claim is with respect to the service put in by him during the period from 1-1-1954 to 23-8-1960. As per Ext.P40 the second respondent has after considering his representation found that the petitioner is entitled to the benefit of the said service only for the purpose of his pension. On the above basis, his pensionary benefits have also been sanctioned and disbursed to him. The above decision has been taken on the basis of the Standing Orders wherein it has been clearly provided that service under the Board will be counted for pensionary benefits alone and will not be counted for seniority. It has been further pointed out in Ext.P40 that the tentative seniority list had been circulated among the staff with a request to send their representations if there were any discrepancies. Thereafter the seniority list was finalised after consideration of the representations also. Consequently, it has been found by the WPC 33756/2011 3 second respondent that no injustice as alleged has been meted out to the petitioner. More or less on the same lines, Exts.P42 and P43 communications have also been issued to the petitioner. 4. It is trite that settled seniority positions are not to be disturbed after a considerable lapse of time. The petitioner's attempt to upset the seniority on the basis of his claim for reckoning his service rendered from 1-1-1954 to 23-8-1960 has to fail for the reason of delay alone. Apart from the above, as noticed above, his claim has been considered by the authorities and found against. Therefore, nothing survives to be considered afresh. This writ petition is in the above circumstances dismissed. No costs. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 33756/2011 4