IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 13752 of 2004(K) -------------------------- PETITIONER(S): --------------- 1. KERALA AGRICULTURAL UNIVERSITY EMPLOYEES FEDERATION, KERALA AGRICULTURAL UNIVERSITY P.O., THRISSUR-680 656, REPRESENTED BY ITS GENERAL SECRETARY, K. CHANDRAMOHANAN. 2. K. CHANDRAMOHANAN, S/O. E. KUTTAPPAN, AGED 53, WORKING AS FINANCIAL ASSISTANT (JOINT REGISTRAR), KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O., THRISSUR-680 656. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE (FAMRS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRICULUTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR. 3. EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS CHAIRMAN, THE VICE CHANCELLOR, DO. DO. 4. SHRI. S. RAJENDRA PRASAD, OVERSEER GR.I, (CIVIL), MECHANICAL SUB DIVISION, DO. DO. ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. FOR R2&3 DR.K.P.KYLASANATHA PILLAY FOR R4 SMT.SREEDEVI KYLASANATH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PROVISIONAL SENIORITY LIST OF ENGINEERS INCLUDING EXECUTIVE ENGINEERS, ASST. EXECUTIVE ENGINEERS, OVERSEERS GRADE I AND II, IN THE CIVIL BRANCH OF ENGINEERING UNDER THE 2ND AND 3RD RESPONDENTS ON 1.1.2000. P2: TRUE COPY OF PROCEEDING DT.4.12.98 ISSUED BY THE KERALA AGRL. UNIVERSITY. P3: .DO.DT.28.12.98 ISSUED BY THE DIRECTOR OF PHYSICAL PLANT. P4: TRUE COPY OF COMMUNICATION DT.22.1.1999 SENT BY DIRECTOR OF PHYSICAL PLANT TO SRI.V.UNNIKRISHNAN. P5: TRUE COPY OF LEGAL ADVICE GIVEN BY THE STANDING COUNSEL FOR R2 DT.8.11.2002. P6: TRUE COPY OF RELEVANT PORTION OF NOTE SUBMITTED TO R3 BY R2. P7: TRUE COPY OF REPRESENTATION FILED BY 1ST PETITIONER BEFORE THE CHAIRMAN OF R3 ON 6.3.2004. P8: TRUE COPY OF MINUTES OF THE 388TH MEETING OF EXECUTIVE COMMITTEE HELD ON 17.4.2004 AT THYCAUD GUEST HOUSE, TRIVANDRUM. RESPONDENT'S EXHIBITS: R4(a): TRUE COPY OF CIRCULAR DT.21.5.2003. R4(b): TRUE COPY OF ORDER DT.17.2.2001 OF KERALA AGRL. UNIVERSITY. R4(c): TRUE COPY OF ORDER DT.19.11.2002 OF AGRICULTURAL UNIVERSITY. R4(d): TRUE COPY OF ORDER DT.30.7.2003 OF KERALA AGRICULTURAL UNIVERSITY. TRUE COPY PA TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13752 OF 2004 -------------------------------------------- Dated this the 21st day of November, 2008 JUDGMENT Petitioners have filed this Writ Petition challenging the shifting of fourth respondent as Overseer from the department of Civil to the Department of Mechanical as Overseer. Even though this Court granted interim order of status quo, the same was later vacated by order dated 25.5.2004 wherein this Court noticed that petitioners are not claimants for the post held by the fourth respondent. It is reported that W.A.No. 952 of 2004 filed by the petitioners was also dismissed. Consequently, fourth respondent was allowed to continue in service as Overseer Gr. I in the Mechanical division, and he was later promoted as Assistant Engineer in January, 2005 and is continuing in that post. Petitioners do not appear to have challenged the appointment of fourth respondent as Overseer Gr. I in the civil department. The challenge is only against change of department granted to fourth respondent. Counsel for the fourth respondent submitted that fourth respondent is qualified to work as Overseer in the Mechanical Department because WPC : 13752/2004 2 he has Diploma in that subject as well. Petitioners are not the claimants for the post to which fourth respondent was appointed. Petitioners have not made out any ground to interfere with the appointment of, or promotion given to, the fourth respondent. W.P.C. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk WPC : 13752/2004 3