IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 31750 of 2007(D) --------------------------------------- PETITIONERS: --------------------- 1. ABHILASH M.P., MANGALATH HOUSE, KANJIRAMJIRAMCHIRA P.O., ALAPPUZHA. (WORKING AS EXECUTIVE TRAINEE, MARKETING TEA COUNTY, KTDC LTD., MUNNAR). 2. BEJOY P.V., PANATHUPARAMBIL, KALAVUR P.O., ALAPPUZHA DISTRICT, (WORKING AS EXECUTIVE TRAINEE, MARKETING, WATER SCAPES, KTDC LTD., KUMARAKOM). 3. SURAJ S., THONNIKUZHIYIL HOUSE, THENGUMKAVU P.O., MALLASSERY, PATHANAMTHITTA. (WORKING AS EXECUTIVE TRAINEE, MARKETING, CORPORATE OFFICE, KTDC LTD., TRIVANDRUM-14). 4. JINI B.G., PEZHUVILLA VEEDU, ANTHIYOOR KONAM, KALLOD P.O., THIRUVANANTHAPURAM. (WORKING AS EXECUTIVE TRAINEE, MASCOT HOTEL, TRIVANDRUM). 5. SEN G.KURIAKOSE, THEKKANATHIL HOUSE, THIRUKOTHAMANGALAM POST, KOTTAYAM DISTRICT. (WORKING AS EXECUTIVE TRAINEE, HOTEL SAMUDRA, KTDC, KOVALAM). BY ADVS. SRI.G.SHRIKUMAR, SRI.SREEJITH S.NAIR. RESPONDENTS: ------------------------ 1. KERALA TOURISM DEVELOPMENT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C). NO.31750/2007-D: *ADDL.R3 & R4 IMPLEADED: 3. G. RAMESH KUMAR, SENIOR OFFICE ASSISTANT, MARKETING DIVISION, HEAD OFFICE, KERALA TOURISM DEVELOPMENT CORPORATION LTD., THIRUVANANTHAPURAM. 4. B.R. RABITHA KURUP, HOUSE KEEPER, MARKETING DIVISION, HEAD OFFICE, KERALA TOURISM DEVELOPMENT CORPORATION LTD., THIRUVANANTHAPURAM. *ADDL. R3 AND R4 ARE IMPLEADED AS PER ORDER IN I.A. 4995/10 DATED 25/05/10. **ADDL. R5 IMPLEADED: 5. SANTHOSH KUMAR.S., RECEPTIONIST, HOLDING THE CHARGE OF MOTEL ARAAM, KERALA TOURISM DEVELOPMENT CORPORATION, KAYAMKULAM, ALAPPUZHA DISTRICT. ** ADDL.R5 IMPLEADED AS PER ORDER IN I.A. 4711/10 DATED 31/05/10. R1 BY ADV. SRI.P.A.AHAMED,S.C, K.T.D.C, R2 BY GOVT. PLEADER SRI. P. NANDAKUMAR, ADDL.R3 & R4 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE, ADVS. SRI.B.UNNIKRISHNA KAIMAL, ADDL.R5 BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND, SRI.K.A.BALAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31750/2007-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ADVERTISEMENT MADE IN THE HINDU DAILY DTD. 16/03/2005. EXT.P.2: COPY OF THE RELEVANT PAGES OF THE RECRUITMENT RULES OF THE R.1. EXT.P.3: COPY OF THE INTERVIEW CALL LETTER ISSUED TO THE P.1. EXT.P.4; COPIES OF THE APPOINTMENT ORDERS ISSUED TO THE P.1. EXT.P.5: COPIES OF THE AGREEMENT EXECUTED BY THE PETITIONERS. EXT.P.6; COPY OF THE ORDER DTD. 12/06/2006 ISSUED BY THE R.1. EXT.P.7: COPY OF THE ORDER NO:KTDC/FA3/EX.TR.MKPG/07 DTD. 08/06/2007. EXT.P.8: COPY OF THE VISION STATEMENT OF R.1. EXT.P.9: COPY OF THE REPRESENTATION DTD. 05/03/2007 OF THE PETITIONERS. EXT.P.10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P.11: COPY OF THE NOTIFICATION PUBLISHED IN THE HINDU DAILY DT. 20/05/00 BY THE R.1. IN THE YEAR 2000. EXT.P.12: COPY OF THE JUDGMENT DTD. 07/08/1997 IN O.P.NO: 13651/1997. EXT.P.13: COPY OF THE G.O.(MS).NO:506/98/GAD DTD. 29/09/1998. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE BOARD RESOLUTION NO.4999 DTD. 23/01/05. EXT.R1.B: COPY OF THE BOARD RESOLUTION NO. 5271 DTD. 06/06/2007. EXT.R1.C: COPY OF THE ORDER NO. KTDC/PA(3)/EX.TR.MKTG/08 DTD. 04/06/08. EXT.R1.D: COPY OF THE RELEVANT EXTRACT (AGE NO.17) OF THE PROPOSED RECRUITMENT, STAFF PATTERN & PROMOTION POLICY. EXT.R3.A: COPY OF THE RELEVANT PORTION OF THE ANNEXURE TO THE RECRUITMENT RULES 2007 CONCERNING THE CATEGORY OF DEPUTY MANAGER (MARKETING). //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ------------------- W.P.(C).31750/2007 -------------------- Dated this the 30th day of June, 2010 JUDGMENT Ext.R1(a) is the resolution of the Board of Directors of the 1st respondent Corporation to make appointment to seven posts of Marketing Executive Trainees, possessing the qualifications mentioned therein, on contract basis for an initial period of one year on a monthly stipend of Rs.5,000/-. Based on Ext.R1(a), the Corporation issued Ext.P1 notification dated 16.3.2005 inviting applications for the post of Executive Trainees (Marketing). It was specified that the appointment will be on contract basis for a period of one year initially. 2. Responding to Ext.P1, petitioners submitted their applications. They were selected and were appointed. Ext.P3 is the memo issued to one of the petitioners. Ext.P5 series are the contracts entered into between the petitioners and the 1st respondent. On expiry of the contract period, the period of appointment was extended twice. But, when renewal became W.P.(C).31750/07 2 due in 2007, that was refused and it was at that stage, this writ petition is filed praying for a direction to regularize them in the post of Deputy Manager (Marketing). On the strength of the interim orders passed by this Court, petitioners are still continuing. 3. Petitioners made the claim mainly relying on Ext.P2 recruitment rules, where the post of Deputy Manager is to be filled up by direct recruitment from among persons appointed as Executive Trainees (Marketing) on contract basis. 4. Learned counsel for the petitioners submitted that one vacancy in the category of Deputy Manager (Marketing) arose on 1.4.2010 and that in view of Ext.P2 recruitment rules, petitioners being eligible, should be directed to be considered against the aforesaid vacancy. 5. However learned Standing Counsel for the Corporation and also the learned counsel appearing for the additional W.P.(C).31750/07 3 respondents who got themselves impleaded, resisted the claim of the petitioners. Reliance was placed on Ext.R3(a) Recruitment Rules of the Corporation which, according to the learned Standing Counsel for the Corporation also, has been approved by the Government of Kerala with effect from 12.6.2010. It is pointed out that in terms of Ext.R3(a), which is presently in force, vacancy is to be filled up by direct recruitment or promotion. It is also argued that if the post is to be filled up by promotion, the employees in the category of Assistant Manager (Marketing) with five years experience or those qualified internal candidates are eligible to be considered for promotion. Learned Standing Counsel for the Corporation also informs that it has been decided to fill up the post by promotion. 6. As already seen, petitioners are eligible to be considered only if the post is to be filled up by direct recruitment. On the other hand, if the post is filled up by promotion, only the internal candidates can claim to be eligible to be considered. Therefore, the only direction possible in this case is to direct the W.P.(C).31750/07 4 Corporation to consider the petitioners also, if the vacancy is decided to be filled up by direct recruitment. Therefore, having regard to the fact that the petitioners are continuing in service since 2005, and as they satisfy the educational qualifications and the experience prescribed in the Rules for direct recruitment, the Corporation is directed to consider the petitioners, if the post of Deputy Manager (Marketing) is decided to be filled up by way of direct recruitment. However, this does not mean that the Corporation is in any way prevented from filling up the vacancies by way of promotion, in which event Corporation will have to fill up the vacancy from among those in the feeder category specified in Ext.R3(a) Recruitment Rules and subject to other eligibility laid down therein. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs