IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 20099 of 2006(P) -------------------------- PETITIONER: ------------ P.SELVARAJAN, RETD. DEVELOPMENT OFFICER,(NON-CONVENTIONAL ENERGY)(NCE) KHADI AND VILLAGE INDUSTRIES COMMISSION,STATE OFFICE,M.G.ROAD,TVPM.,PRESENTLY R/AT.MUTTAKKATTUVILAI VEEDU,KUZHITHURAI P.O., KANYAKUMARI DISTRICT,TAMIL NADU. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. KHADI AND VILLAGE INDUSTRIES COMMISSION, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 3 IRLA ROAD, VILE PARLE (W), MUMBAI-56. 2. THE DIRECTOR, NON-CONENTIONAL ENERGY, KHADI AND VILLAGE INDUSTRIES COMMISSION, 3 IRLA ROAD, VILE PARLE (W), MUMBAI-56. 3. THE STATE DIRECTOR, KHADI AND VILLAGE INDUSTRIES COMMISSION, M.G.ROAD, THIRUVANANTHAPURAM - 695 001. BY ADV. SRI.K.KESAVANKUTTY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. GAS/EST/P-50/PS/83-84/274 DATED 26.8.1983 OF THE KVIC EXT.P2 TRUE COPY OF THE TENTATIVE SENIORITY LIST OF DEVELOPMENT OFFICERS AS ON 30.4.98 EXT.P3 TRUE COPY OF THE LETTER NO. NCE/EST-SENIORITY/98-99/212 DATED MAY 1/6, 1998 EXT.P4 TRUE COPY OF THE STANDING ORDER NO. 1119 DATED 22.6.1976 OF THE KVIC EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 19.1.1998 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 16.3.1998 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 2.7.1998 SUBMITTED BY THE PETITIONER. EXT.P8 TRUE COPY OF THAT REPRESENTATION DATED 11.2.1999 SUBMITTED BY PETITIONER. EXT.P9 TRUE COPY OF THE RELEVANT EXTRCT OF THE NOTIFICATION DATED 26.6.1998 EXT.P10 TRUE COPY OF THE JUDGMENT DATED 20.10.2005 OF THIS HON'BLE COURT IN OP 14252/99 EXT.P11 TRUE COPY OF ORDER NO. ADM-1/IRW/CMP NO. 23033/99 DATED 10.4.2006 OF THE FIRST RESPONDENT. EXT.P12 TRUE COPY OF RELEVANT EXTRACT OF THE NOTE DATED 30.7.1997 THIRD RESPONDENT'S EXHIBITS: EXT.R3(a) TRUE COPY OF THE O.M. NO. 36012/2/96-EST (RES) DATED 2.7.1997 OF THE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION (DoPT) EXT.R3(b) TRUE COPY OF THE STANDING ORDER NO. 1554 DATED 31.7.1997 ISSUED BY THE RESPONDENT. EXT.R3(c) TRUE COPY OF THE STANDING ORDER NO. 1559 DATED 15.12.1997 ISSUED BY THE RESPONDENT. EXT.R3(d) TRUE COPY OF THE CIRCULAR DATED 15.9.1997 ISSUED BY THE RESPONDENT. EXT.R3(e) RESERVATION POSITION OF THE POST OF ASST. DIRECTOR -BIO-GAS (TECHNICAL DEVELOPMENT) EXT.R3(f) TRUE COPY OF THE REVISED MEMO DATED 16/19-03-1997 ISSUED BY THE RESPONDENT TO SRI. P.K. SHAH, DEVELOPMENT OFFICER (NCE). EXT.R3(g) TRUE COPY OF THE TENTATIVE SENIORITY LIST OF DEVELOPMENT OFFICER AS ON 30.4.1998 ISSUEDBY THE DIRECTOR (NCE). EXT.R3(h) TRUE COPY OF THE NOTIFICATION DATED 26.6.1998 ISSUED BY THE DEPARTMENT OF SMALL SCALE INDUSTRIES AND AGRO AND RURAL INDUSTRIES. 3 EXT.R3(i) TRUE COPY OF THE COMMISSION'S DECISION DATED 31.7.1997 REGARDING RECRUITMENT RULES. EXT.R3(j) TRUE COPY OF THE LETTER DATED 03/06-03-2006 OF THE DIRECTOR (ADMINISTRATION) EXT.R3(k) TRUE COPY OF THE ORDER DATED 05/10-04-2006 ISSUED BY THE CHIEF EXECUTIVE OFFICER, OFFICE OF THE COMMISSIONER FOR KHADI AND VILLAGE INDUSTRIES. EXT.R3(l) TRUE COPY OF THE INTER SECTION NOTE DATED 10.7.2002 OF THE ASST. DIRECTOR (ADMN-I/OEW) DIRECTOR OF ADMINISTRATION, KHADI AND VILLAGE INDUSTRIES COMMISSIONER IN FAVOUR OF SRI. D.D. PATEL ON HIS SUPERANNUATION. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 20099 OF 2006 -------------------------------------------- Dated this the 17th day of July, 2008 JUDGMENT Petitioner, who has passed SSLC and completed certificate course in Civil Engineering was appointed as a Fibre Instructor in the Khadi & Village Industries Commission. He became Foreman, Assistant Development Officer and then Development Officer and retired from that post on 29.6.2001. However petitioner's case is that being a second seniormost Development Officer, he was entitled to be appointed as Assistant Director, which post was wrongly denied to him. It is conceded that another person who was senior to the petitioner, and No.1 in the list of Development Officers was not appointed in the post of Asst. Director. Obviously the claim of the petitioner arose after the retirement of the person senior to him. However, standing counsel for the Khadi Commission submitted that new rules framed came into force on 26.6.1998, where under educational qualification for the post of Asst. Director is Master's degree in Physics, Chemistry, etc., or Degree in Engineering. Petitioner was not promoted because he did not have the required educational qualification for the post of Asst. Director. Petitioner's 2 case is that rules have only prospective effect and even prior to coming into force of the rules, vacancies were available, which should have been filled up by the petitioner. I do not think petitioner is entitled because none in the list below him is appointed as Asst. Director overlooking him. There is nothing to indicate that respondents are bound to fill up every vacancy of Asst. Director as and when the same arises. In fact, the person who was senior to the petitioner in the cadre of Development Officer did not even choose to make claim for promotion as Asst. Director probably for want of educational qualification. In the circumstances there is no justification for this Court to go into the question as to whether there were vacancies available prior to coming into force of the rules 10 years back and whether respondents were bound to fill those vacancies first by person senior to petitioner and then by petitioner. W.P. therefore fails and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3