Public interest writ petition challenging illegal continuance of services and arbitary appointment of retired officials as consultants. Court dismissed petition as respondents were no longer in office, avoiding merits.
Writ petition dismissed; pending interlocutory applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943
WP(C) NO. 8400 OF 2019
PETITIONER/S:
B. KOYAMMA,
AGED 63 YEARS, S/O LATE SAYED PANDARATHIL,
BAPPATHIYODA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 551.
BY ADV SHRI.AJIT G ANJARLEKAR
SHRI.G.P.SHINOD
RESPONDENT/S:
1THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY OF HOME AFFAIRS,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI-110 001.
2UNION TERRITORY OF LAKSHADWEEP,
REPRESENTED BY THE ADMINISTRATOR, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 555.
3 MR.FAROOQ KHAN,AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THE ADMINISTRATOR OF THE UNION TERRITORY OF
LAKSHADWEEP, KAVARATTI ISLAND, UNION TERRITORY
OF LAKSHADWEEP-682 555.
4 THE CENTRAL VIGILANCE COMMISSIONER, CENTRAL VIGILANCE COMMISSION, SALARKATA BHAVAN, A-BLOCK, GPO COMPLEX, INA, NEW DELHI-110 023.5THE SUPERINTENDENT OF POLICE,
CENTRAL BUREAU OF INVESTIGATION,
CBI ROAD, KATHRIKADAVU, KALOOR,
ERNAKULAM DISTRICT, KERALA-682 017.
W.P.(C)No.8400 of 2019
2
6A. HAMZA,
AGED 63 YEARS, S/O YOUSUF BALAYLIAR,
SECRETARY (EDUCATION), LAKSHADWEEP
ADMINISTRATION, KAVARATTI, ISLAND, UNION
TERRITORY OF LAKSHADWEEP-682 555.
7C N KOYA,
(AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER), LIAISON OFFICER, LAKSHADWEEP
ADMINISTRATION, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 555.
8THE DIRECTOR (SERVICES),
LAKSHADWEEP ADMINISTRATION, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682 555.
BY ADVS.
SRI.SAJITH KUMAR V.,CGC
SRI. SASTHAMANGALAM S. AJITHKUMAR, SPL.P.P. FOR
C.B.I.
SRI.S.RADHAKRISHNAN
SRI.MANU.S, ASGI
SHRI.S.RAJMOHAN
SRI.ADITYA THEJUS KRISHNAN
SMT.R.ANJALI
SMT.BENITA ALPHONSA BASIL
SMT. MINI GOPINATH, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.8400 of 2019
3
JUDGMENT
Dated this the 10th day of March, 2022
S.Manikumar, C.J.
Instant public interest writ petition is filed seeking for the following reliefs:
W.P.(C)No.8400 of 2019
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The petitioner is aggrieved by the illegal continuance of the 6th respondent in the services of the Lakshadweep Administration by manipulating the service records with regard to his date of birth, is illegal and non-est in the eyes of law right from the year 2016, when he ought to have been superannuated. Further, the petitioner seeks to quash Exhibits P15 and P16 whereby respondents 6 and 7 have been appointed as consultants without any transparency whatsoever and without adhering to the procedure being followed in other Ministries/Departments under the Government of India.
As revealed from Exhibit P2 Birth Certificate issued by the Registrar of Births and Deaths, Amini Island, the 6th respondent attained the age of superannuation in the year 2016 but however, due to a manipulation of the service records, he is continuing in the services of the Lakshadweep Administration. Although the petitioner
W.P.(C)No.8400 of 2019
5
submitted representations before the 1st , 3rd , 4th and 5th respondents, no action has been initiated hitherto. The 3rd respondent, the Administrator of Lakshadweep, is least perturbed by the illegal continuance of the 6th respondent and is working hand-in-glove with the 6th respondent.
Respondents 6 and 7 wield considerable influence in the corridors of power in the Lakshadweep Administration and by Exhibits P15 and P16, the 8th respondent, with the approval of the 3rd respondent, has issued orders even prior to the date of retirement of respondents 6 and 7, whereby they have been appointed as consultants, after their date of retirement.
The 6th respondent is an engineering graduate and the 7th respondent is a person having qualification of 10th standard with a 3 months course in Survey. The 6th respondent is charge-sheeted by the CBI on allegations of corruption and maladministration and is also alleged to have issued orders whereby his wife has been unlawfully enriched by granting excessive service benefits in the form
W.P.(C)No.8400 of 2019
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of ACP, contrary to the specific direction of the Government of India.
The procedure being followed in Ministries under the Government of India for the engagement of consultants is transparent and involves the advertisement in the website hosted by the respective Departments/Ministry, conductance of a personal interview by a Screening Committee and awarding of marks/points and a selection by the Committee based on the highest marks obtained by a candidate. It is a common feature that the total consolidated monthly remuneration shall be paid as per the formula of last pay drawn minus pension plus DA at current rate subject to TDS, that the main consideration for appointing consultants shall be the absence of required expertise in the Ministry and the need to have highly qualified experts for providing consultancy in specific services/assignments and that the engagement of consultants should be done only in urgent and emergent cases where expert/professional services are required for
W.P.(C)No.8400 of 2019
7
urgent and identifiable work and should not be used as common practice.
However, respondents 6 and 7 have been engaged without any specific purpose and have been granted a consolidated fixed remuneration of Rs.1,50,000/ and Rs.70,000/- respectively, without adhering to any of the procedures contemplated hereinabove. The above appointments smacks of arbitrariness, corruption, mala fides and nepotism due to the bonhomie existing between the respondents 6 and 7 with the 3rd respondent. The petitioner, in the said circumstances, filed this writ petition.
W.P.(C)No.8400 of 2019
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the order of appointment of Sri.A.Hamsa, the then Secretary (Education), as Chief Consultant cum Advisor to Administrator, which reads thus:
“GOVT OF INDIA LAKSHADWEEP ADMINISTRATION (Secretariat - Service Section) Kavaratti Island - 682 555.
No.12/8/2019-Services
Dated 28.02.2019
ORDER
Sub:- UTL- Services - Engagement of Chief Consultant cum Advisor to Administrator on contract basis - Orders issued.
The Administrator, Union Territory of Lakshadweep, Kavaratti is pleased to appoint Shri A.Hamza, Secretary (Education) as Chief Consultant cum Advisor to Administrator on contract basis upon his retirement from service on superannuation on 31.03.2019 with effect from 01.04.2019 on a consolidated remuneration of Rs.1,50,000/(Rupees One Lakh Fifty Thousand) only per month from the date of joining inclusive of the amount of pension he shall be drawing. The appointment will be purely on contract basis and liable for termination at any point of time without any prior notice or assigning any specific reasons.
The period of contract will be for one year from the date of joining on duty. The appointment now ordered will be governed as per the terms and conditions stipulated in the 'Contract Agreement’ which will be signed between the appointee and the Departmental Head. The Chief Consultant cum Advisor to Administrator is eligible for two
W.P.(C)No.8400 of 2019
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and half days paid leave for every completed month of service. The Officer shall report before Hon'ble Administrator, UT of Lakshadweep. He is also informed that the engagement now made is purely on contract basis and not against any regular post/vacancy.
The Chief Consultant cum Advisor to Administrator shall directly report to Hon'ble Administrator. For performing duties of various assignments entrusted to him from time to time, he shall also coordinate with all the Secretaries and Head of Departments working in this Administration who shall also be extending full support and co-operate to him.
Expenditure in this regard shall be met out of 2052.00.090.22.00.50 OC. This issues with the approval of Hon'ble Administrator vide Dy. No.461 dated 25.02.2019 and in consultation with Finance Department vide Dy. No.515 dated 28.02.2019.
Sd/-
(TANVIR AHMAD) Director (Services)”
respondent is an order of appointment of Mr.C.N.Koya, the then Liaison Officer, as Consultant for Protocol in the Department of General Administration and Protocol.
appointment is purely on contract basis for one year from the
W.P.(C)No.8400 of 2019
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date of joining on duty.
W.P.(C)No.8400 of 2019
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Administration and Protocol and also of the fact that the tenure in respect of the 7th respondent had already expired,
we are not inclined to delve into the merits of the case. As on
today, both respondents 6 and 7 are not in office.
In the light of the above discussion, instant writ petition is dismissed.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.8400 of 2019
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APPENDIX OF WP(C) 8400/2019
PETITIONER EXHIBITS
EXHIBIT P1 |
A TRUE COPY OF THE DANICS CIVIL LIST, 2010. |
|---|---|
EXHIBIT P2 |
A TRUE COPY OF THE BIRTH CERTIFICATE DATED28.11.2018 ISSUED BY THE REGISTRAR OF BIRTHAND DEATH, AMINI ISLAND, UNION TERRITORY OFLAKSHADWEEP UNDER THE RIGHT TO INFORMATIONACT, 2005. |
EXHIBIT P3 |
A TRUE COPY OF THE REPRESENTATION DATED21.12.2018 SUBMITTED BY THE PETITIONERBEFORE THE 1ST RESPONDENT. |
EXHIBIT P4 |
A TRUE COPY OF THE REPRESENTATION DATED21.12.2018 SUBMITTED BY THE PETITIONERBEFORE THE SENIOR ACCOUNTS OFFICER (LEGAL),DEPARTMENT OF EXPENDITURE, CENTRAL PENSION,ACCOUNTING. |
EXHIBIT P5 |
A TRUE COPY OF THE REPRESENTATION DATED21.12.2018 SUBMITTED BY THE PETITIONERBEFORE THE CENTRAL VIGILANCE COMMISSIONER. |
EXHIBIT P6 |
A TRUE COPY OF THE REPRESENTATION DATED31.1.2019 SUBMITTED BY THE PETITIONERBEFORE THE 5TH RESPONDENT. |
EXHIBIT P7 |
A TRUE COPY OF THE REPRESENTATION DATED10.1.2019 SUBMITTED BY THE PETITIONERBEFORE THE THE PRINCIPAL SECRETARY TO THEPRIME MINISTER OF INDIA. |
EXHIBIT P8 |
A TRUE COPY OF THE DETAILS AND CURRENTSTATUS OF THE COMPLAINT PREFERRED BY THEPETITIONER, DOWNLOADED FROM THE WEBSITE OFTHE PRIME MINISTER'S OFFICE. |
EXHIBIT P9 |
A TRUE COPY OF THE COMMUNICATION DATED16.1.2019 ISSUED BY THE OFFICE OF THEMINISTRY OF HOME AFFAIRS. |
W.P.(C)No.8400 of 2019
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EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 27.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.EXHIBIT P11A TRUE COPY OF THE NOTICE ISSUED IN
CONNECTION WITH THE LPG GAS GODOWN
INAUGURATED BY THE 3RD RESPONDENT ON
16.7.2018.
EXHIBIT P11(A)A TRUE COPY OF THE NOTICE ISSUED IN
CONNECTION WITH THE CIVIL STATION
INAUGURATED BY THE 3RD RESPONDENT ON
16.7.2018.
EXHIBIT P11(B) A TRUE COPY OF THE NOTICE ISSUED IN CONNECTION WITH THE PASSENGER HALL AT HELIPAD ANDROTH, INAUGURATED BY THE 3RD RESPONDENT ON 16.7.2018EXHIBIT P11(C) A TRUE COPY OF THE NOTICE ISSUED IN CONNECTION WITH THE SARDAR VALLABHAI PATEL SPORTS STADIUM ANDROTH, INAUGURATED BY THE 3RD RESPONDENT ON 16.7.2018.EXHIBIT P11(D)A TRUE COPY OF THE NOTICE ISSUED IN
CONNECTION WITH THE SPORTS AUTHORITY OF
INDIA, SPECIAL AREA GAMES (SAG) CENTRE,
ANDROTH INAUGURATED BY THE 3RD RESPONDENT
ON 5.2.2019.
EXHIBIT P12A TRUE COPY OF THE EMPLOYMENT NOTICE DATED
8.1.2019 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P13A TRUE COPY OF THE REPRESENTATION DATED
22.1.2019 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P14A TRUE COPY OF THE COMPLAINT DATED
23.3.2018 PREFERRED BY K C P HAMEED BEFORE
THE CENTRAL VIGILANCE COMMISSIONER.
EXHIBIT P15A TRUE COPY OF THE ORDER DATED 28.2.2019
ISSUED BY THE 8TH RESPONDENT WHEREBY THE
6TH RESPONDENT HAS BEEN ENGAGED AS THE
CHIEF CONSULTANT CUM ADVISER TO THE
ADMINISTRATOR.
W.P.(C)No.8400 of 2019
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EXHIBIT P16 |
A TRUE COPY OF THE ORDER DATED 28.2.2019ISSUED BY THE 8TH RESPONDENT WHEREBY THE7TH RESPONDENT HAS BEEN ENGAGED AS THECONSULTANT FOR PROTOCOL IN THE DEPARTMENTOF GENERAL ADMINISTRATION AND PROTOCOL. |
|---|---|
EXHIBIT P17 |
A TRUE COPY OF THE OFFICE MEMORANDUM DATED21.12.1993 ISSUED BY THE DEPARTMENT OFPERSONNEL AND TRAINING. |
EXHIBIT P18 |
A TRUE COPY OF THE PROCEDURES ANDGUIDELINES FOR ENGAGEMENT OF CONSULTANT/SENIOR CONSULTANTS IN THE NATIONALCOMMISSION FOR SCHEDULED TRIBES DATED22.6.2018 ISSUED BY THE NATIONAL COMMISSIONFOR SCHEDULED TRIBES. |
EXHIBIT P19 |
A TRUE COPY OF THE CIRCULAR DATED14.12.2018 ISSUED BY THE MINISTRY OF HEALTHAND FAMILY WELFARE. |
EXHIBIT P20 |
A TRUE COPY OF THE OFFICE MEMORANDUM DATED30.11.2018 ISSUED BY THE MINISTRY OF LABOURAND EMPLOYMENT. |
EXHIBIT P21 |
A TRUE COPY OF THE RELEVANT PART OF THEHAND BOOK FOR PERSONNEL OFFICERS, 2013,ISSUED BY THE DEPARTMENT OF PERSONNEL ANDTRAINING. |
EXHIBIT P22 |
A TRUE COPY OF THE RELEVANT PART OF THEGENERAL FINANCIAL RULES, 2005, ISSUED BYTHE DEPARTMENT OF EXPENDITURE, MINISTRY OFFINANCE. |
EXHIBIT P23 |
A TRUE COPY OF THE MANUAL OF POLICIES ANDPROCEDURE OF EMPLOYMENT AND CONSULTANTSISSUED BY THE MINISTRY OF FINANCE. |
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the writ petition can be considered on merits when the respondents are no longer in office.
Whether the expiry of tenure of the respondents necessitates dismissal of the writ petition.
B. Koyamma
The Union of India
Union Territory of Lakshadweep
Mr. Farooq Khan
The Central Vigilance Commissioner
The Superintendent of Police
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court