IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 30982 of 2008(L) -------------------------- PETITIONERS: --------------- 1. C.VARGHESE, SHOP-IN-CHARGE, KERALA STATE BEVERAGES CORPORATION, FL1/339 (06014), VELLATHOOVAL, IDUKKI DISTRICT, CHANICHIRAYIL, K.R.PURAM P.O., CHERTHALA, PIN: 688 556. 2. SAPHAL KRISHNA, SHOP ASSISTANT, KERALA STATE BEVERAGES CORPORATION, FL1/248 (04002), THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT, THEKKECHOVELICKAKATHU, K.R.PURAM P.O., CHERTHALA, PIN: 688 556. 3. M.K.UNNI, ASSISTANT GRADE II, FL/1-314 (06012), KERALA STATE BEVERAGES CORPORATION, KUNCHITHANNI, IDUKKI DISTRICT, MARIYATH HOUSE, ANAVERATTY P.O., ERUTTUKONAM, IDUKKI DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN : 695 001. 2. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN : 695 010. REPRESENTED BY ITS MANAGING DIRECTOR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN SRI.ELVIN PETER, STANDING COUNSEL FOR KSBC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. =============== W.P.(C).No.30982 of 2008 - L =============================== Dated this the 24th day of October, 2008. J U D G M E N T The petitioners are employees of the Kerala Construction Components Limited, Cherthala, a Governemnt of Kerala undertaking. They were appointed under the dying-in-harness scheme. The Kerala Construction Components Limited was closed down in the year 2003. Thereupon the petitioners were appointed in the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited, on deputation. While matters stood thus, the State Government issued Ext.P4 order dated 24.11.2005, laying down the guidelines for absorption of employees on deputation in public sector undertakings. One of the stipulations was that employees on deputation will be absorbed in the borrowing public sector undertaking only if, their deputation was based on Government approval. When the period of their deputation was about to expire, the petitioners filed W.P. (C).Nos.19173 of 2008 and 21990 of 2007 in this Court. By Ext.P6 judgment delivered on 27.6.2008, the said writ petitions were disposed of directing the petitioners to move the W.P.(C).No.30982 of 2008 - L 2 Government. Thereupon, the petitioners moved the Government and after hearing the petitioners, by Ext.P8 passed on 22.8.2008, the Secretary to Government, Industries Department, rejected their representations for absorption in the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited. Ext.P8 is under challenge in this writ petition. The petitioners contend that they are employees of a sick unit which has been closed down and are entitled to the benefit of Ext.P4 Government Order. 2. I have considered the submissions made at the Bar by Sri.S.P.Aravindakshan Pillai, the learned counsel appearing for the petitioners. The Government have in Ext.P8 noticed that all employees of Kerala Construction Components Limited, except deputationists, have already accepted the benefits under the Special Safety Net Programme and left the Kerala Construction Components Limited by receiving benefits payable under the said Programme, and that, if the demand made by the petitioners is accepted it will open the flood gates leading to insurmountable problems. It is also stated that the petitioners were sent on deputation to the Kerala State Beverages (Manufacturing and W.P.(C).No.30982 of 2008 - L 3 Marketing) Corporation without Government approval and that one of the conditions for claiming benefits under Ext.P4 is that the deputation should have been with Government approval. The petitioners have no case that they were deputed to the Kerala State Beverages (Manufacturing and Marketing) Corporation with the approval of the Government. The pleadings disclose that this Court has directed the Kerala State Beverages (Manufacturing and Marketing) Corporation to fill up all vacancies including vacancies occupied by temporary hands by regular hands appointed through the Kerala Public Service Commission and that in view of the said direction, all the available posts in the Beverages Corporation, 678 in number, occupied by temporary employees will have to be filled by direct recruitment from the open market. The Government have in Ext.P8 also stated that there will be no room for the absorption of petitioners if the said direction is complied with. In the light of the admitted fact that the petitioners' deputation to the Kerala State Beverages (Manufacturing and Marketing) Corporation was not with Government approval and W.P.(C).No.30982 of 2008 - L 4 as there is no post against which they can be absorbed, the petitioners cannot claim or be granted the reliefs prayed for by them in the writ petition. As noticed by the Government in Ext.P8, their counter parts in the Kerala Construction Components Limited, have accepted benefits payable under the Special Safety Net Programme. If the request of the petitioners is accepted, it will lead to a situation where, they alone are given special benefits, while their counter parts in the Kerala Construction Components will have to be satisfied with whatever benefit they got under the Special Safety Net Programme. In my opinion, the petitioners cannot claim any better right then their counter parts in the Kerala Construction Components Limited. The writ petition accordingly fails and is dismissed. P.N.RAVINDRAN, JUDGE. bkn/-