Disposed

N.Suresh v. State of Kerala

Kerala HC6 Jan 2009OP/4484/2001

Case brief

AI extract

What is this about?

The Court addressed rival claims between existing letter press employees and diploma holders for posts in newly introduced offset presses. Ruling that draft Special Rules exist, the Court ordered that future appointments must strictly adhere to these draft rules, currently forwarded to the P.S.C. for concurrence, rather than continuing idle extensions.

What did the court decide?

Direction to Government to ensure all appointments to Offset Presses are made strictly in accordance with the draft Special Rules forwarded to P.S.C. for concurrence.

N.Suresh Vs State of Kerala — Service and Employment | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930

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OP.No. 4484 of 2001(H)

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--------------------------------

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PETITIONERS:

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---------------------

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1. N. SURESH, AGED 35 YEARS, S/O. N.J. NARAYANAN, T.C. 49/589, SURIYAM VILAKATHU VEEDU, MALLIYADAM, MANACADU.P.O., THIRUVANANTHAPURAM.

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2. P. MOHANDAS, S/O. N. PARAMESWARAN PILLAI, V.M. BHAVAN, S.N. NAGAR, KULATHOOR.P.O.

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3. B.S. AJITH, S/O. K.P. BHASKARAN NAIR, SREEDHARAMANDIRAM, T.C. 17/1159, THIRUMALA.P.O., PANGODE, THIRUVANANTHAPURAM - 6.

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BY ADV. SMT.DAISY THAMPI.

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RESPONDENTS:

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1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM.

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2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM.

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3. THE DIRECTOR OF PRINTING, THIRUVANANTHAPURAM.

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*ADDL. RESPONDENTS 4 TO 10 IMPLEADED:

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4. KERALA PRINTING TECHNOLOGY DIPLOMA HOLDERS' ASSOCIATION, SHORNUR, REPRESENTED BY THE PRESIDENT, KERALA PRINTING TECHNOOGY DIPLOMA HOLDERS' ASSOCIATION, B.T.S. BUILDING, CHUDUVALATHOOR, SHORNUR, KERALA STATE.

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O.P. NO. 4484/2001-H:

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5. PRADEEP KUMAR, VENUSADANAM, KULAKKADA (P.O), KOLLAM DISTRICT.

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6. ANAS ALIYAR, VELLILAVUNGAL HOUSE, NELLIMATTOM (P.O), KOTHAMANGALAM.

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7. BIJOY.K., PUTHUMANA HOUSE, KAPPU, MADAKKATHANAM.P.O., ERNAKULAM DISTRICT.

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8. BIJU, BIJU NIVAS, NEDUVANNUR.P.O., CHOWARA, ALUVA.

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9. SUHARA E.A., (D/O. ABUBAKER), IRAKKATHU HOUSE, MANNAM (P.O), NORTH PARAVOOR.

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10. ASMA BEEVI.C.V., CHIRAKKAKUDY HOUSE, KANDANTHARA, ALLAPPARA (P.O), PERUMBAVOOR.

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*ADDL. R.4 TO R.10 ARE IMPLEADED AS PER ORDER DATED 19/02/2001 IN C.M.P. NO. 9323/2001.

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R1 TO R3 BY SR. GOVT. PLEADER SRI. K.J. MOHAMED ANZAR. ADDL.R.4 TO R.10 BY ADV. SRI.T.K.MARTHANDAN UNNITHAN.

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THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 06/01/2009, ALONG WITH O.P NO. 14124/ 2000 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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S.SIRI JAGAN, J.

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O.P.Nos.4484/2001, 14124/2000, 18719/2002, 25357/2002, 26559/2001 and 28990/2001

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Dated this the 6^th day of January, 2009

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J U D G M E N T

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In all these writ petitions two sets of rival claimants are competing each other for appointment to various posts in offset presses of the Government presses. Formerly, the Government press only had letter presses. In 1986, the Government decided to upgrade the Government press by introducing offset presses. However, Special Rules were not framed for appointment of personnel to the Offset Presses. Employees of the letter presses were given training and allowed to operate the offset presses. The existing printers of the letter presses raised claims appointment to posts in the offset presses.

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In O.P.14124/2000, the Kerala Printing Technology Diploma Holders' Association raises a claim for making appointments through direct recruitment. According to them, appointments to the various posts in the offset presses require special qualifications and training which those already

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O.P.No. 4484/2001 & conn.matters

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in service do not possess and therefore, at least a majority of the appointments should be only through direct recruitment. They moved CMP No.22799/2000 in that original petition, in which there was an interim order to the following effect:-

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“One third of the cadre strength in the post of Offset Printing Machine Operator Grade I and II shall not be filled up by promotion on regular basis. There shall be a further direction to report such number of vacancies to the P.S.C. for direct recruitment in terms of the prevailing orders regarding method of appointment.”

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Further, this court issued the following interim order in CMP No.9322/2001:-

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“CMP No.9323/2000 is a petition to stay the operation of Exhibit P7 dated 5-2-2001. In Exhibit P7, there is a proposal to appoint printers on other duty from the second Grade Offset Operators. Counsel for the petitioners pointed out that there is a direction of this Court in O.P.No.14124/2000 to the effect that one third of the cadre strength in the post of Offset Printing Machine Operator Grade I and II shall not be filled up by promotion on regular basis and for reporting the direct recruitment vacancies under the prevailing orders. It is made clear that any appointment to be made as per Exhibit P7 shall be only in accordance with the order passed by this Court on 11-7-2000 in CMP No.22799/2000. The Government Pleader shall file a statement with regard to the contention of the petitioners in O.P.No.4484/2001 regarding the training course.”

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Although, offset presses were introduced as early as in 1986, even after 23 years, the Government have not framed Special Rules for the posts. In fact, O.P.No.4936/2001 was filed seeking a direction to the

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O.P.No. 4484/2001 & conn.matters

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Government to finalise the Special Rules. That original petition was disposed of directing the Government to finalise the Special Rules within a period of four months. Despite that order, Special Rules are yet to be finalised. The Government have been going on seeking extension of time for complying with the said direction. The time granted by this Court is long over and still Special Rules are yet to be finalised. The learned Government Pleader today submits that the PSC has been addressed for concurrence of the Special Rules and the same would be finalised as soon as concurrence is received.

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I am of the opinion that this impasse shall not continue any further. Admittedly, draft Rules have been framed which have been forwarded to the P.S.C. for concurrence. Petitioners in O.P.No.18179/2002 has produced Exhibit P10 draft Special Rules. The petitioners in O.P.No.14124/2000 has produced before me the draft special Rules allegedly prepared in 2007. I am of opinion that till Special Rules are finalised, appointments shall be made strictly in accordance with the Special Rules, which have been forwarded to the P.S.C. for concurrence. Accordingly, these original petitions are disposed of with a

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O.P.No. 4484/2001 & conn.matters

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direction to the Government to see that all appointments to be made to Offset Presses in Government presses shall be strictly in accordance with the draft Special Rules, which have been forwarded to the P.S.C. for concurrence, subject to approval of the Special Rules.

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Sd/-

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S. SIRI JAGAN, JUDGE

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skr

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// True copy //

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P.A. to Judge.

N.Suresh v. State of Kerala

Case brief

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N.Suresh v. State of Kerala

Case brief

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