Writ petition challenging permanent status of posts and seeking abolition of temporary posts related to Kabani River Valley Project. Court found posts were converted to permanent and dismissed petition.
Writ petition is dismissed and the Government Order Ext.P2 is sustained.
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 MURALI PURUSHOTHAMAN
TUESDAY, THE 11TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945
WP(C) NO. 2245 OF 2019
PETITIONER/S:
N.V.SADANANDAN @ K.PURAM SADANANDAN
AGED 59 YEARS
S/O. C.V. DAMODHARAN NAIR, SRUTHILAYAM,
K., PURAM P.O., MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALAREPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
2 THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.3 TEH ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.4 THE DIRECTOR,SOIL SURVEY AND SOCIAL CONSERVATION CENTRE,
PLAZA BUILDINGS, VAZHUTHACAUD, THYCAUD,
TRIVANDRUM DISTRICT 695 001.
5 THE JOINT DIRECTOR OF SOIL CONSERVATION, KABANI PROJECT, ARUN TOURIST HOME, NEAR MUNICIPAL BUS STAND, KALPETTA, WAYANAD DISTRICT 673 121.R BY SR.GP SRI.ASHWIN SETHUMADHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
S. Manikumar, C.J.
Instant writ petition is filed for the following reliefs:
“(i) Issue a writ of a mandamus or any other appropriate writs, orders of directions directing the 1st respondent to abolish all temporary post attached to erstwhile Kabani River Valley Project;
(ii) Call for the records leading to Exhibit P2 Government order and revert the 5th respondent to the post of Deputy Director;
(iii) Issue a writ of a mandamus or any other appropriate writs, orders of directions directing the 3rd respondent not to provide fund under 2202-00-102-83(non-plan) from next financial year on wards;
(iv) Issue a writ of mandamus or any other appropriate writs, orders of direction directing the 1st respondent to recover the irregular and unnecessary amounts expended in the name of ‘Kabani River Valley Project.”
the Soil Survey and Soil Conservation Department were
sanctioned exclusively for the implementation of Central Project namely ‘Kabani River Valley Project’, which actually
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ended on 31.03.2013 and no other Central Government assignments are there for implementation. Hence, the nonexisting posts should have been abolished and as per the Government instructions, regular employees are entitled to be absorbed into the future vacancies. Direction is also sought to respondents 1 to 4 not to provide fund under 220200-102-83(non-plan) from next financial year on wards.
GOVERNMENT OF KERALA
Abstract
Dpartment of Agriculture - Service - Order promoting employee to the post of wt Director/Deputy Director of Soil Conservation and the Soil Survey Department.
Agriculture (EB) Department
GO(RT)No.901/2018/AGRI. Dated,Thiruvananthapuram, 4-9-2018,
Ref: Letters No.E(1)1190/2018 of Soil Survey and Soil Conservation Department Director dated, 11-7-2018 and 29-8-2018.
ORDER
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To the post of Joint Director, Deputy Director of Soil Conservation and the Soil Survey Department appointment and promotion are given as follows:-
(By order of the Government)
SAHER BANU
DEPUTY SECRETARY Copy to:
Director, Soil Conservation and the Soil Survey Department, Trivandrum.
To the Persons concerned (through the Soil Survey and SoilConservation Department Director)
Principal Accountant General (L & E/Audit), Kerala Trivandrum.
Director, Information and Public Relation Department (web and new media)
Stock File/Office copy.
Sd/-
By order Section Officer
Note No.E(1)11190/2018 dated, 4-9-2018
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The copy of the government order is being given to Sri. Antony Austin M.T., Deputy Director (Soil Conservation) IWDM-K, Chadayamangalam and to Sri. George Philip, Assistant Director (Soil Conservation). Sri. George Philip is directed to hand over the post of Assistant Director (Soil Conservation) to Smt. Priya, Assistant Director (Soil Conservation). Copy of RTC is directed to be arded to this Office and also the office of the accountant General (A&E).
sd/. Soil Survey and Conservation Director
Copy to:-
Smt.Priya V.P. Assistant Director, Soil Conservation.
File/stock/copy
As authorised Senior Superintendent
Soil Conservation, respondent No.4, the learned Senior Government Pleader submitted that the posts made under Ext.P2 Government Order were permanent in nature. The detailed instructions of the said authority read thus:
“ The Department was created in 2012 by merging Soil Conservation Unit and Soil Survey Unit which were functioning as a part of Agriculture department since 1963. The Department is actively involved in creating infrastructure for the agricultural sector through the conservation of the vital natural resources, soil and water. Government of
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Kerala as per G.O.(Ms) No.385/1965 dated 03.07.1965 started the Kundah Project with central assistance and the Soil Conservation unit of the State Department of Agriculture was entrusted with the responsibility of execution of the project. The Additional Director of Soil Conservation with his headquarters at Thiruvanthapuram held charge of the centrally sponsored project. The project was completed in the year 1998 and the entire establishment created for the implementation of the project was shifted to Wayanad district for implementation of the another centrally sponsored project i.e. RVP Kabini.
The Personnel and Administrative Reforms Department conducted a Work Study in Agriculture (SC Unit) Department and furnished their report containing a number of recommendations such as renaming the present Agri (SC Unit) Department as Department of Soil Survey and Soil Conservation, creation and upgradation of some other posts in the Department so as to overcome the discrepancies noticed and for the smooth and efficient functioning of the department. The recommendations also included conversion of 39 temporary posts under Non Plan scheme in the Department as permanent posts. Government accepted the recommendations of the Personnel & Administrative Reforms Department and decided to implement its recommendations in a phased manner. Accordingly, Government as per G.O.(MS).NO. 134/2012/AD dated 31.05.2012 converted 39 temporary posts under various Non Plan Scheme as permanent posts which included the post of Joint Director of Soil Conservation, Kabini. As regard to the allegations of funding for the project, there was a transition from central funding from one
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scheme to other schemes and state funding to implement various activities to protect the catchment area of Kabini River in Wayanad district.
Activities of the Department
The Soil Survey and Soil Conservation Department has been functioning since 1963 as separate wings attached with the Department of Agriculture. In 2012, the Soil Survey unit and the Soil Conservation unit were merged to form the Department of Soil Survey and Soil Conservation vide GO (MS) No. 134/2012/AD dated 31-05-2012. During the formation of the Department, the Government has converted all the temporary posts including the post of Joint Director (Soil Conservation) which the petitioner has highlighted as a temporary post in his petition into permanent posts. The Soil Survey and Soil Conservation Department is categorized as one of the 48 major departments (Group I department) functioning in the state. Considering the undulating terrain of the state, the department activities assumes significance and it is mandated with the task of conserving the precious soil resources to benefit the agriculture sector and to recharge ground water. The department is involved in building the required farm infrastructure by adopting a watershed approach involving a variety of activities like construction of checkdams, contour bunds, water harvesting structures, retaining walls, drainage channels, moisture conservation pits, agronomic interventions that include planting activities etc that help conserve soils and in turn ensure infiltration of water to enhance the ground water table. The department is also involved in survey of soils and preparation of Panchayat wise reports for the benefit of the farmers and policy makers,
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distribution of soil health cards to the farmers to help reduce cost of cultivation and increase crop yield.
The Soil Survey and Soil Conservation Department has 1258 permanent employees including 108 permanent employees who are involved in implementation of project based activities. The petitioner has lied before the Hon'ble High Court that these 108 employees are temporary employees. These 108 posts were originally created by the Government on 01-03-1968 to implement the River Valley Project, Kundah in Palakkad district. Subsequently, these employees were shifted to Wayanad to implement the River Valley Project, Kabini in 01-04-1998 to conserve the catchment areas of Kabini river that will help the drought affected farmers of Wayanad district. They are also employed for implementing a variety of government schemes funded by the Central and State Governments like the Rural Infrastructure Development Fund (RIDF) Project financed by NABARD, Rashtritya Krishi Vikas Yojana (RKVY) scheme, Integrated watershed project in drought affected Mullankolly, Pulpally and Poothady Panchayats etc funded by both the Central & State Governments and a number of schemes implemented by the Panchayats to converge the activities implemented under the River Valley Project. Consequent to the implementation of the Haritha Keralam Mission in which the department has been playing a crucial role in project preparation, these 108 employees are also engaged for preparation and implementation of various projects including construction of 56 major ponds in Palakkad district, Samrudhi Project in Kannur district etc.
The department has only one post of Additional
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Director (Soil Conservation) and one post of Joint Director (Soil Conservation), two posts of Deputy Director (Soil Conservation), 20 posts of Assistant Director (Soil Conservation) and 40 posts of Soil Conservation Officers / Assistant Engineers. The Joint Director (Soil Conservation) has been designated as the Head of the Kabini Project. The present Joint Director (Soil Conservation) Shri. M.T. Antony Austin would be promoted as Additional Director (Soil Conservation) in the retirement vacancy that arises on 31-03-2019. By abolishing the post of Joint Director (Soil Conservation), Shri. Antony Austin is not going to be affected. The petitioner has filed this petition to prevent the next senior most Deputy Director from becoming the Joint Director. As Shri. Antony Austin is due to superannuate only on 31-07- 2020, the very purpose of the petitioner is to prevent the next senior most officer from getting his promotion this year.
In order to monitor and evaluate the various activities of the department, the Government has already decided to shift the post of Joint Director (Soil Conservation) to Thrissur and this was part of the Budget Speech for the Financial Year 2018-19 and administration sanction has been accorded for the same by Government. Action is being taken to implement the Government directions and to deploy the staff to different districts based on ongoing schemes. The petitioner and his instigators are fully aware about these facts and have suppressed the same in the petition.
The petitioner's prayer to the 3rd respondent i.e. Finance Department to stop providing budget for payment of salary to the 108 employees would result in untold hardship to the families of these employees. Over the years since 1963, when the Soil Conservation unit of
WP(C) NO. 2245 OF 2019 ..10..
the department was formed, the functions and mandate of the department have multiplied with new government schemes and increased budget for development programs, establishment of a State Training Institute (Institute of Watershed Development and Management Kerala, Chadayamangalam), establishment of a State Soil Museum etc. and all these have been kept operational without creation of new posts. At this stage, the department cannot afford to lose 108 permanent posts.”
In the light of the said submission from the learned Senior Government Pleader, with reference to the averments extracted supra, the prayer sought for in the writ petition is not maintainable. Ext.P2 Government Order is sustained. Accordingly, writ petition is dismissed.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
MURALI PURUSHOTHAMAN JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE LETTER ISSUED BY THE
GOVERNMENT DATED 24.1.2018 AS NO.
EBI/38/2017-AGRI.
EXHIBIT P2TRUE COPY OF THE GOVERNMENT ORDER DATED
4.9.18 AS G.O. (RT) NO. 901/2018/AGRI.
EXHIBIT P2TRUE ENGLISH TRANSLATION OF EXHIBIT P2.
3 issues framed by the court
Whether the prayer to abolish posts created for an erstwhile central project is maintainable when posts were converted to permanent.
Whether the prayer to direct recovery of funds and non-provision of future funds is maintainable.
Whether a court should interfere with government administrative decisions regarding promotion and departmental restructuring.
N.V.SADANANDAN @ K.PURAM SADANANDAN
THE STATE OF KERALA
THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT
TEH ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT
THE DIRECTOR, SOIL SURVEY AND SOCIAL CONSERVATION CENTRE
THE JOINT DIRECTOR OF SOIL CONSERVATION
S.MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court