K. J. Jose v State of Kerala and others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 14[TH] DAY OF JUNE 2023 / 24TH JYAISHTA, 1945 WP(C) NO. 7795 OF 2021** ## **PETITIONER:** K.J.JOSE AGED 51 YEARS, S/O. K.P.JACOB, WORKING AS DUPLICATING MACHINE OPERATOR SENIOR GRADE, KUFOS, PANANGAD, RESIDING AT QUARTERS NO.2/5, KUFOS, PANANGAD P.O., ERNAKULAM DISTRICT-682 506 BY ADV MILLU DANDAPANI ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FISHERIES AND PORTS (DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES (KUFOS) REPRESENTED BY VICE CHANCELLOR, KUFOS, PANANGAD ROAD, MADAVANA JUNCTION, KOCHI-682 506 [CORRECTED] [VICE CHANCELLOR, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES (KUFOS), PANAGAD ROAD, MADAVANA JUNCTION, KOCHI - 682 506.] 3 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES (KUFOS) REPRESENTED BY JOINT DIRECTOR, LOCAL FUND AUDIT KUFOS AUDIT, KUFOS, PANANGAD ROAD, MADAVANA JUNCTION, KOCHI-682 506 [CORRECTED] [JOINT DIRECTOR, LOCAL FUND AUDIT KUFOS AUDIT, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES (KUFOS), PANAGAD ROAD, MADAVANA JUNCTION, KOCHI - 682 506.] 4 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES (KUFOS) REPRESENTED BY REGISTRAR, KUFOS, W.P.(C) No. 7795 of 2021 : 2 : PANANGAD ROAD, MADAVANA JUNCTION, KOCHI-682 506 [CORRECTED] [REGISTRAR, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES (KUFOS), PANAGAD ROAD, MADAVANA JUNCTION, KOCHI - 682 506. (ADDRESS OF R2 TO R4 ARE CORRECTED AS PER ORDER DATED 09.06.2022 IN I.A.1/2022 IN WP(C)7795/2021.)] BY ADVS. SRI.N.SATHEESH, SC, KERALA UNIVERSITY OF FISHERIES OF OCEAN STUDIES KUFOS SRI.V.VENUGOPAL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 7795 of 2021 : 3 : ## **DEVAN RAMACHANDRAN, J.** ## **========================= W.P.(C).No. 7795 of 2021 ========================== Dated this the 14[th] day of June, 2023** ## **JUDGMENT** The petitioner impugns Ext.P16 order issued by the Registrar of the Kerala University of Fisheries and Ocean Studies (KUFOS), whereby, his request for promotion as a Selection Grade in the post of Duplicating Machine Operator has been rejected, merely saying that he has no chances of such promotion. The petitioner also impugns Ext.P17 order of the Government, as per which, the aforesaid post has now been re-designated as a Pump Operator, and he says that this has been done without appreciating his afore claim, which has been pending for the last several years. 2. In response, however, learned Standing Counsel for the KUFOS, submitted that a counter affidavit has been filed on record, explaining that petitioner had already been promoted as a Senior Grade in the year 2007 and that he is now occupying the ultimate level of promotion, in the post of Duplicating Machine Operator. He submitted that, however, said post was transferred from the Kerala Agricultural University – where it was earlier available – to the KUFOS; and that he cannot obtain any further promotion, because there is only one post presently available. He then W.P.(C) No. 7795 of 2021 : 4 : submitted that promotion of petitioner to Senior Grade was a ratio based one due to cadre strength re-fixation and that Time Bound Higher Grade Promotions have been granted only to those who remain in the entry posts. He added that since the petitioner has already obtained ratio promotion while working in Class IV; and further as a Duplicating Machine Operator while he was serving in the Kerala Agricultural University, no further promotions are eligible to him. He then asserted that Ext.P5, produced by the petitioner and relied upon by him, is not an authentic document and, therefore, that he cannot be allowed to rely upon the same. He thus prayed that this writ petition be dismissed, saying that several posts in the KUFOS became inoperative on account of technological advancement; and it is, therefore, that, in Ext.P17, some of them have had to be re-designated. 3. Sri.V.Venugopal – learned Government Pleader, affirmed the afore submissions of the learned Standing Counsel for the KUFOS, arguing that petitioner can obtain any right of promotion only if such avenues are available in the services under the KUFOS. He argued that this is not available and hence that the reliefs sought for in the writ petition cannot be granted. 4. I have evaluated and considered the afore submissions on the touchstone of the various materials available on record. W.P.(C) No. 7795 of 2021 : 5 : 5. Among the orders impugned by the petitioner, Ext.P16 has been issued by the KUFOS on 25.01.2021, without citing any reason, but merely saying that he does not have any opportunity of promotion in their services. The second impugned order, namely Ext.P17, was issued by the Government only thereafter, on 19.02.2021, re-designating the post occupied by the petitioner along with others. Obviously, therefore, the petitioner's claim ought to have been considered based on his application prior to Ext.P17 and not on the basis of the re-designation that had been subsequently made through the said order. 6. That said, when one reads Ext.P16, as I have already said above, it is a laconic order, which does not cite any reason why the petitioner's request has been rejected. Apart from saying that he does not have any right of promotion, it does not indite why KUFOS takes such a position. Of course, they try to explain their stand in the counter affidavit, but as has been well settled by the Hon'ble Supreme Court in **Mohinder Singh Gill and Another v. The Chief Election Commissioner, New Delhi and Others [1978 (1) SCC 405]** , every order has to be supported by its contents and not by subsequent pleadings, when litigations are launched challenging the same. In the afore circumstances, I allow this writ petition and set W.P.(C) No. 7795 of 2021 : 6 : aside Ext.P16; with a consequential direction to the competent Authority of the KUFOS to rehear the petitioner and reconsider his claim; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. While completing the afore exercise, the competent Authority of the University will also advert to Ext.P14 and record the version of the petitioner based on the same, the decision on which shall be reflected in the resultant order. Needless to say, even though I have not quashed Ext.P17, the claim of the petitioner shall be considered adverting to my observations above, and if the Authority is to find it to be an impediment, then his opinion in this regard shall also be specifically mentioned in the resultant order. **Sd/DEVAN RAMACHANDRAN JUDGE** anm W.P.(C) No. 7795 of 2021 : 7 : ## **APPENDIX OF WP(C) 7795/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|A COPY OF THE ORDER NO.GA/JI/18788/97| ||DATED 30.11.2000 ISSUED BY THE VICE| ||CHANCELLOR OF KAU| |EXHIBIT P2|A COPY OF THE ORDER NO.F1/2180/10 DATED| ||24.09.2010 ISSUED BY THE KERALA| ||AGRICULTURAL UNIVERSITY| |EXHIBIT P3|A COPY OF THE ORDER OF THE GOVERNMENT OF| ||KERALA NO.G.O(RT) NO.369/2012/F & PD| ||DATED 27.04.2012| |EXHIBIT P4|A COPY OF THE REPRESENTATION DATED| ||19.02.2015 ALONG WITH ALL ANNEXURE| ||SUBMITTED BY THE PETITIONER FOR 1ST TIME| ||BOUND HIGHER GRADE BEFORE THE 4TH| ||RESPONDENT| |EXHIBIT P5|A COPY OF THE ORDER NO. GA1/1015/15 DATED| ||FEBRUARY 2015 RECEIVED UNDER RIGHT TO| ||INFORMATION ACT FROM THE OFFICE OF THE| ||4TH RESPONDENT| |EXHIBIT P6|TRUE COPY OF LETTER ISSUED BY THE 4TH| ||RESPONDENT TO THE JOINT DIRECTOR, LOCAL| ||FUND AUDIT DATED APRIL 2015| |EXHIBIT P7|A COPY OF THE LETTER NO.L.F.(KUFOS) A2-| ||173/2015 DTD 23.05.2015 ISSUED BY THE 4TH| ||RESPONDENT TO THE JOINT DIRECTOR TO THE| ||LOCAL FUND AUDIT| |EXHIBIT P8|A COPY OF THE REPRESENTATION DATED| ||22.04.2016 SUBMITTED BEFORE THE VICE| ||CHANCELLOR| |EXHIBIT P9|A COPY OF THE ORDER NO. GA1/1015/15 DATED| ||MAY 2016 ISSUED BY 4TH RESPONDENT| |EXHIBIT P10|A COPY OF THE LETTER NO.G.A1/1015/2015| ||ISSUED BY THE 4TH RESPONDENT TO THE 3RD| ||RESPONDENT DATED 19.08.2017| |EXHIBIT P11|A COPY OF THE LETTER NO.KSA-FOU (A3)| ||683/17 DATED 29.08.2017 ISSUED BY THE 3RD| ||RESPONDENT TO THE 4TH RESPONDENT| |EXHIBIT P12|A COPY OF THE ORDER NO.G.A1/1015/15 DTD| ||07.10.2017 ISSUED BY THE 4TH RESPONDENT| ||TO THE PETITIONER| |EXHIBIT P13|A COPY OF THE ORDER| ||NO.KVASU/GA/E/735/2017(V) DATED| ||28.02.2017 ISSUED BY REGISTRAR OF KERALA| ||VETERINARY AND ANIMAL SCIENCE UNIVERSITY| ## W.P.(C) No. 7795 of 2021 : 8 : |EXHIBIT P14|A COPY OF THE REPRESENTATION SUBMITTED| |---|---| ||BEFORE 4TH RESPONDENT ALONG WITH THE| ||ORDER OF KERALA AGRICULTURAL UNIVERSITY| ||DATED 02.06.2019| |EXHIBIT P15|A COPY OF THE REPRESENTATION DATED| ||30.10.2020 BEFORE THE VICE CHANCELLOR| |EXHIBIT P16|A COPY OF THE LETTER NO.GA1/5675/2019| ||DATED 25.01.2021 ISSUED BY THE 4TH| ||RESPONDENT| |EXHIBIT P17|A COPY OF THE GOVERNMENT ORDER NO.GO(MS)| ||NO.9/2021/F & P DATED 19.02.2021| |EXHIBIT P18|A TRUE COPY OF THE ORDER NO.GA1/2006/2021| ||DATED 12.11.2021 ISSUED BY THE KUFOS.| |EXHIBIT P19|A TRUE COPY OF THE REPRESENTATION DATED| ||25.11.2021 SUBMITTED BEFORE THE REGISTRAR| ||KUFOS.|