Disposed

Bineep Kumar v. the State of Kerala

Kerala HC10 Dec 2018WP(C)/12394/2018

Case brief

AI extract

What is this about?

The Court directed the State Government to expedite the finalization and notification of amendments to Kerala Craftsmen Training Subordinate Service Rules regarding the inclusion of 'Motor Driver' in the Training Department within six months, citing prolonged delays despite prior court directions and procedural steps.

What did the court decide?

Directing respondents to expedite and notify the amended Special Rules including Motor Driver post within six months from the date of receipt of this judgment.

Bineep Kumar Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

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WP(C).No. 12394 of 2018

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PETITIONER/S:

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BINEEP KUMAR

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AGED 48, S/O.DIVAKARA PANICKER, DRIVER, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE, MALAYINKEEZHU, THIRUVANANTHAPURAM-695 571.

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BY ADVS. SRI.R.T.PRADEEP SMT.M.BINDUDAS SRI.K.C.HARISH

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF LABOUR AND SKILL, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 TRAINING DIRECTOR TRAINING DIRECTORATE, DEPARTMENT OF INDUSTRIAL TRAINING, THOZHIL BHAVAN, THIRUVANANTHAPURAM-695 003.

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BY ADV.

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SRI. BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12394 of 2018

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JUDGMENT

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The grievance of the petitioner is that the amendment to the special rules for Kerala Craftsmen Training Subordinate Service Rules, are

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not being carried out and notified so far.

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2. According to the petitioner, the rules were amended including the post of Motor Driver in Industrial Training Institute and only because of the delay on the part of Government in notifying the same in the official gazette, the persons like petitioner, are put to very serious prejudice. Petitioner points out that from 2009 onwards he is behind this amendment and this Court had as early as on 19.10.2009 as per Ext.P4 judgment directed

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the respondent to take a decision in respect of inclusion of the post of Motor Driver and Motor Driving Instructor in the Kerala Craftsmen Training Subordinate Service Rules. It is stated that Ext.P5 order was passed thereafter and it was decided to include the same in the special rules

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WP(C).No. 12394 of 2018

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and Government had already directed the Department to forward the proposal for amendment of Special Rules including the qualification and the method of appointment.

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3. Petitioner again approached this Court in 2011. In Ext.P6 judgment, this Court directed the Director of Training Department to comply with the directions in Ext.P5, as expeditiously as possible. Petitioner points out that thereafter the Director of Training submitted a proposal in

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the year 2013 and on the basis of another representation submitted by petitioner, another letter was submitted in 2015 and Government had issued Ext.P7 order on 05.02.2016 changing the nomenclature of Driver in the Training Department as Motor Driver. It is pointed out that even after

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Ext.P7 order was issued, Government was not issuing the notification even though draft rules were already notified.

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4. The learned Government Pleader pointed out

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that the petitioner being an employee under the

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WP(C).No. 12394 of 2018

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State Government, he should have approached the Kerala Administrative Tribunal. But the learned counsel for the petitioner submits that he only wants to see that the special rules are notified in Kerala Gazette.

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5. Respondents 1 and 2 have filed a statement explaining the steps to be taken by Government for modification of the Special Rules, in which it is stated as follows:

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“(i) The Administrative Department will prepare the draft Special Rules in consultation with or on receipt of proposal from the Head of Departments.

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(ii) The next step is to discuss the draft Special Rules with representatives of the common service organizations and other recognized service organizations if any, in the department, at a meeting to which a representative of the Personnel and Administrative Reforms Department and Law Department will also be invited. The intimation regarding the discussion along with the draft rules should be sent to the Personnel and Administrative Reforms Department and to Law Department and the representatives of the service organizations concerned fifteen days before the proposed discussion so as to enable them to come prepared.

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WP(C).No. 12394 of 2018

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(iii)Thereafter the file should be sent to Personnel and Administrative Reforms Department for scrutiny of the draft notification. iv) The draft Special Rules should then be placed before a committee consisting of the following: (1) The Secretary of the Administrative Department (Chairman and Convener), (2) Secretary, Personnel and Administrative Reforms Department of his representative, (3) Law Secretary or his representative, (4) Head of the Department. The Administrative Department should send a copy of the draft Special Rules to the members of the committee at least fifteen days before the proposed meeting to provide sufficient time for scrutiny. The representative Personnel and Administrative Reforms Department will then offer the views of his/her department in the meeting itself. v) Thereafter the file should be sent to the Law Department for scrutiny of the draft Special Rules. vi) The Administrative Department should then refer the proposal to the Kerala Public Service Commission for advice. The draft of the letter forwarding the draft Notification to Kerala Public Service Commission shall be shown to Personnel and Administrative Reforms Department. After considering the advice of the Kerala Public Service Commission the Administrative Department ill finalize the draft Special Rules. vii) The Administrative Department should then send

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WP(C).No. 12394 of 2018

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the draft Special Rules to the concerned Subject Committee for consideration. After considering the recommendation, if any, of the Subject Committee, the Administrative Department will finalize the Special Rules. In case of special urgency like court directions having time-limit etc. the alternative procedure of issuing the Special Rules and simultaneously transmitting a copy of the same to the Subject Committee can be followed.

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viii)The finalized draft Special Rules should then be approved and issued as an S.R.O. Notification in the Gazette.

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ix) It is not within the ambit of the above procedures to finalize matters which require separate decision and orders from Government, such as proposals in regard to creation of new category, grades, change in the status of the post alternation of ratio/percentage of promotion/by-transfer etc.

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x) 200 copies of the S.R.O so issued shall be forwarded to the Secretary, Legislature Secretariat as soon as possible for being laid before the Legislative Assembly as required under Section 2(2) of Kerala Public Service Act, 1968.“

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6. It is stated that the Government had discussions with the representatives of the service organisations on 18.06.2017 and thereafter

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WP(C).No. 12394 of 2018

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3^rd respondent had directed to furnish revised draft Special Rules, which was received by Government only on 17.08.2018 and it is being scrutinized at different levels. It is stated that the further procedures have to be followed.

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7. The learned counsel for the petitioner submits that unless time bound direction is issued, the respondents are not likely to expedite the proceedings.

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In the above circumstances, this writ petition is disposed of, directing the respondents to expedite the entire process for finalisation and publication of the amendment to the Special Rules - Kerala Craftsmen Training Subordinate Service Rules -relating to Driver/Motor Driver in the Training Department, within a period of six months, from the date of receipt of a copy of this judgment.

Sd/-

P.V.ASHA JUDGE

WP(C).No. 12394 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXT.P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 26.11.1997.
EXT.P2	TRUE COPY OF THE RECOMMENDATION DATED 17.11.2004 FROM 3RD RESPONDENT TO 2ND RESPONDENT
EXT.P3	TRUE COPY OF THE REPRESENTATION OF PETITIONER DATED 6.4.2009 GIVEN BEFORE GOVERNMENT
EXT.P4	TRUE COPY OF THE JUDGMENT DATED 19.10.2009 IN WPC NO.18800/2009.
EXT.P5	TRUE COPY OF THE G.O.(RT) NO.89/2010/LABOUR DATED 15.1.2010 BY 2ND RESPONDENT
EXT.P6	TRUE COPY OF THE JUDGMENT DATED 3.6.2011 IN WPC NO.7765/2011.
EXT.P7	TRUE COPY OF THE G.O.(MS) NO.31/2016/LABOUR DATED 5.2.2016
EXT.P8	TRUE COPY OF THE COMMUNICATION DATED 20.5.2017 BY 3RD RESPONDENT SEEKING CLARIFICATION FROM GOVERNMENT.
EXT.P9	TRUE COPY OF THE DRAFT OF KERALA CRAFTSMEN TRAINING SUBORDINATE SERVICE RULES 2014 FOR CTS & COE WHICH IS NIL DATED
EXT.P10	TRUE COPY OF THE REPRESENTATION DATED 23.2.2018 BEFORE THE 1ST RESPONDENT.
RESPONDENT'S/S ANN	EXURES:
ANNEXURE R1(A)	A COPY OF CIRCULAR NO.11884/R1/07 P&ARD DATED 19.07.2010.

Bineep Kumar v. the State of Kerala

Case brief

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Bineep Kumar v. the State of Kerala

Case brief

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