IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 35488 of 2004(Y) -------------------------- PETITIONER(S): --------------- G.PRADEEPKUMAR, SECTION OFFICER IN FULL ADDITIONAL CHARGE OF ACCOUNTS OFFICER, COIR BOARD, M.G.ROAD, KOCHI-18. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): --------------- 1. COIR BOARD, REPRESENTED BY ITS SECRETARY, P.B.NO. 1752, M.G.ROAD, KOCHI-18. 2. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF SSI AND ARI, UDYOG BHAVAN, NEW DELHI. ADDL.R3: ANITA JACOB, SECTION OFFICER, COIR BOARD, M.G. ROAD, KOCHI – 682 016. ADDL.R4: V. BABU, EXTENSION SERVICE OFFICER, REGIONAL OFFICE, COIR BOARD, ALAGAPPA LAY OUT, VENKATESH COLONY, POLLACHI, TAMILNADU. ADDL.R5: V. SYAMA PRASAD, EXTENSION SERVICE OFFICER, COIR RESEARCH AND EXTENSION CENTRE, COIR BOARD, NO.XXX, MUTHARAMMAN KOVIL STREET, THENKASI. ADDL.R6: P. KAIRALI, SECTION OFFICER, COIR BOARD,M.G.ROAD, KOCHI – 682 016. (ADDL.R3 TO R6 IMPLEADED AS PER ORDER DT 4.1.2005 IN I.A.NO.17412/04). WP(C).No. 35488 of 2004 ADDL.R7: K. PREMALATHA, ASSISTANT REGIONAL OFFICER, COIR BOARD, NO.8 ANNEXE BLDG., CUNNINGHAM ROAD, BANGALORE – 560 052. (ADDL. R7 IMPLEADED AS PER ORDER DT. 4.1.05 IN I.A.124/05) ADV. SRI.P.P.JNANASEKHARAN FOR ADDL.R. SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 & 2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35488 of 2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORDER NO.CB/1983/ADM/1/12 DTD 7.11.1983 ISSUED BY R1. EXT.P2: COPY OF ORDER NO.CB/ADM/83/1/12 DTD 15.11.1985 ISSUED BY R1. EXT.P3: COPY OF THE RELEVANT EXTRACT OF SERVICE BYE LAWS, 1976 ISSUED BY R1 DTD 15.1.1977. EXT.P4: COPY OF SERVICE BYE LAWS 1983 ISSUED BY R1 DTD 21.11.1983. EXT.P5: COPY OF ORDER NO.15 DTD 7.2.1994 ISSUED BY R1. EXT.P6: COPY OF COIR BOARD SERVICES AMENDMENT BYE LAWS 1997 DATED 27.2.1997. EXT.P7: COPY OF RELEVANT EXTRACT OF AMENDMENT PROPOSAL ISSUED BY R1. EXT.P8: COPY OF ORDER NO.CB/ADM/2001/2/3 DATED 18.9.2001 ISSUED BY R1. EXT.P9: COPY OF JUDGMENT DTD 8.11.2001 IN O.P.NO.12922/01 OF THIS HON'BLE COURT. EXT.P10: COPY OF ORDER NO.41 DTD 19.11.2004 ISSUED BY R1. EXT.P11: COPY OF ORDER NO.42 DTD 19.11.2004 ISSUED BY R1. EXT.P12: COPY OF ORDER DTD 19.11.04 ISSED BY R1. EXT.P13: COPY OF ORDER NO.CB/ADM/2000/3/D DTD 29.11.2004 ISSUED BY R1. EXT.P14: COPY OF ORDER NO.72 DTD 20.8.2001 ISSUED BY R1. EXT.P15: COPY OF ORDER NO.52 DTD 28.10.98 ISSUED BY R1. EXT.P16: COPY OF ORDER NO.CB/ADM/2007/3/1 DTD 3.7.07 ISSUED BY R1. EXT.P17: COPY OF ORDER NO.CE/ADM/97/1/7 DTD 1.10.07 ISSUED BY R1. WP(C).No. 35488 of 2004 1ST RESPONDENT'S EXHIBITS EXT.R1(a): COPY OF GOVT. OF INDIA DEPT OF PERSONNEL & TRAINING O.M. NO.28036/1/2001 ESTT(D) DATED 23.07.2001. EXT.R1(b): COPY OF THE JUDGMENT DT 5.8.2005 IN W.A.NO.978/2002 OF THIS HON'BLE COURT. 3RD RESPONDENT'S EXHIBITS EXT.R3(A): COPY OF THE OFFICE ORDER REGULARISING PROMOTION TO THE POST OF SECTION OFFICER DTD 1.11.1996. EXT.R3(B): COPY OF THE OFFICE ORDER DATED 19.5.1997 NO.47, ISSUED TO R2. EXT.R3(C): COPY OF THE OFFICE ORDER NO.8 DTD 11.6.1999. EXT.R3(D): COPY OF THE JUDGMENT IN W.A. NO.117 OF2000 DTD 13.3.2000. 7TH RESPONDENT'S EXHIBITS EXT.R7(A): COPY OF ORDER OF REGULARISATION BY ORDER NO. 100 DATED 1.11.1996. EXT.R7(B): COPY OF THE REPRESENTATION DTD 17.11.2004 BEFORE R1. EXT.R7(C): COPY OF THE RERPRESENTATION DTD 20.12.2004 BEFORE R1. EXT.R7(D): COPY OF O.M.NO.28036/1/2001 ESTT(D) DTD 23.7.2001 OF THE GOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL AND TRAINING. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.35488 OF 2004 ---------------------------------------- Dated this the 16th day of October, 2008 JUDGMENT The petitioner entered service as a Co-operative Inspector in the service of the 1st respondent Coir Board on 7.11.1983. Before the amendment of the bye laws of the Board relating to service conditions of its employees, in 1983, by Ext.P4, all posts in the scale of pay of Rs.425-700 were feeder categories for promotion to the post of Section Officer. However, by Ext.P4, bye laws were amended fixing the post of Assistants and Senior Stenographers only as feeder categories for promotion to the post of Section Officer. In the meanwhile, the petitioner was promoted as Accounts Manager by Ext.P5. Although it was pursuant to a recommendation by a selection committee, the promotion was said to be ad hoc. Again, by Ext.P6 notification dated 27.2.1997, the bye laws were amended making Co- operative Inspector also feeder category to the post of Section Officer. The petitioner was, in the meanwhile, put in full W.P.(c)No.35488/04 2 additional charge of the Accounts Officer by Ext.P8 dated 18.1.2001. The amendment to the bye laws were challenged by two Assistants in O.P.No.12922/2001. By Ext.P9 judgment, a learned Single Judge of this Court, while upholding amendment of the bye laws, directed regularisation of the petitioner as Accounts Manager. However in W.A.No.4069/2001 filed by the Coir Board, the direction in Ext.P9 judgment, directing regularisation of the service of the petitioner as Accounts Manager, was vacated. Subsequently, by Exts.P10 and P11, the petitioner was first reverted as Co- operative Inspector and on the same day promoted as Section Officer. The petitioner was again given full charge of the Accounts Manager and additional charge of the Accounts Officer by Exts.P12 and P13. The petitioner, therefore, in fact continues to work as Accounts Officer. The petitioner, now seeks regularisation of his service as Accounts Manager with effect from the date of Ext.P5 namely, 7.2.1994. However, the additional 3rd respondent has produced Ext.R3(d) Division Bench decision of this Court, which would go against the case of the petitioner for regularisation with effect W.P.(c)No.35488/04 3 from the date of Ext.P5. I have gone through that decision and I am satisfied that since the issue is squarely covered by that decision, the petitioner cannot be granted the reliefs prayed for in this writ petition. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.35488/04 4