S. Santhoshkumar v. Union of India, Khadi and Village Industries Commission (KVIC) and KVIC State Office

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938** **WP(C).No. 27678 of 2011 (H)** **----------------------------** ## **PETITIONER(S): -------------** **S.SANTHOSHKUMAR, S/O. LATE S.SANTHAKUMARI, AGED 31 YEARS, RESIDING AT, APARNA HOUSE, PETTAH P.O., POONITHURA,, KOCHI-682 038.** **BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ** **RESPONDENT(S):** **--------------** **1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES, 7TH FLOOR, A-WING, NIRMAN BHAVAN, NEW DELHI-110 011.** **2. THE KHADI AND VILLAGE INDUSTRIES COMMISSION, GRAMODAYA, 3, IRIA ROAD, VILE PARLE, (WEST), MUMBAI-400 056, REPRESENTED BY ITS, DIRECTOR.** **3. THE KHADI AND VILLAGE INDUSTRIES COMMISSION, STATE OFFICE, GRAMODAYA, P.B.NO.198, M.G.ROAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY.** **R1 BY ADV. SRI.N.NAGARESH,ASG OF INDIA R2 & R3 BY ADV. SRI.LEGY ABRAHAM, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **PJ** ## **WP(C).No. 27678 of 2011 (H)** ## **----------------------------** ## **APPENDIX** |**PETITIONER(S)' EXHIBITS**|**PETITIONER(S)' EXHIBITS**| |---|---| |**-----------------------**|| |**EXT. P1**|**COPY OF THE LETTER NO.MKT/KGB/COM.APPTT./2008-09/299**| ||**DT.27/5/2011 SENT BY THE R2 TO THE PETITIONER**| |**EXT. P2**|**COPY OF THE APPLICATION DT.16/7/11 SEEKING TO RE-CONSIDER**| ||**A COMPASSIONATE APPOINTMENT UNDER THE DIRECTORATE OF**| ||**MARKETING (TRADING CADRE) IN THE KHADI AND VILLAGE**| ||**INDUSTRIES COMMISSION SENT BY TEH PETITIONER TO THE R2**| |**EXT.P3**|**COPY OF THE JUDGMENT DT.11/2/09 IN WPC.8829/2005(A) OF**| ||**THIS HON'BLE COURT.**| |**EXT.P4**|**COPY OF THE LETTER NO.MKT/KGB/COMP-APPTT.2011-12/923**| ||**DT.18/10/11 SENT BY THE R2.**| |**RESPONDENT(S)' EXHIBITS**|| |**-----------------------**|| |**EXT.R3(A)**|**COPY OF THE CIRCULAR DATE 28/6/10 ISSUED BY CHIEF**| ||**EXECUTIVE OFFICER KHADI AND VILLAGE INDUSTRIES COMMISSION**| ||**MUMBAI.**| ||**/ TRUE COPY /**| ||**P.S. TO JUDGE**| |**PJ**|| ## ALEXANDER THOMAS, J. ================== W.P.(C).No. 27678 of 2011 ================== Dated this the 19[th] day of July, 2016 J U D G M E N T This matter arises out of the matters concerning recruitment under the compassionate appointment scheme of the 2[nd] respondent Khadi & Village Industries (KVI) Commission. This Court has already ordered in the common judgment in W.P.(C).No.4837/ 2011 and connected matter that in view of the statutory notification dated 17.11.2015 issued by the Government of India in exercise of powers conferred under Sec.14(2) of the Administrative Tribunals Act, 1985, the jurisdiction in such matters, the court of first instance to adjudicate the claims in question is now solely vested with the Central Administrative Tribunal and that Writ Petitions which are filed before the issuance of the said statutory notification dated 17.11.2015 are liable to be transferred to the Central Administrative Tribunal, Ernakulam Bench, by operation of Sec.29(2) of the Administrative Tribunals Act, 1985. The statutory notification dated 17.11.2015 issued by the Government of India as per S.O.3107(E) and published in the Gazette of India dated 17.11.2015, in exercise of the powers conferred under Sec.14(2) of the Administrative Tribunals Act, 1985, reads as follows: W.P.(C).27678/11 - : 2 :- “MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training) NOTIFICATION New Delhi, the 17[th] November, 2015 S.O. 3107(E).—In exercise of the powers conferred by subsection (2) of Section 14 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby specifies the 17[th] November, 2015 as the date on and from which the provisions of sub-section (3) of Section 14 of the said Act shall apply to the Khadi and Village Industries Commission (KVIC), being a Statutory body within the territory of India and makes the following amendments in the notification of the Government of India, in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) published vide number G.S.R.730(E), dated 2[nd] May, 1986, namely:— In the Schedule to the said notification, after serial number 207 and the entries relating thereto, the following serial number and — entries shall be inserted, namely: |S.No.|Name of the Corporation or|Status|| |---|---|---|---| ||Society or Other Authority||| ||Status||| |1|2||3| |“208|Khadi and Village Industries|Statutory body under the|| ||Commission (KVIC)|Ministry of|Micro, Small and| |||Medium Enterprises|| [F. No. P-13030/1/2012-AT] DEVESH CHATURVEDI, Jt. Secy. Note:- The principal notification was published in the Gazette of India vide number G.S.R. 730 (E), dated the 2[nd] May, 1986 and subsequently amended vide following notifications numbers, namely:— G.S.R. 1172(E), dated the 31[st] S.O. 906(E), dated the 22nd October, 1986 April, 2008 G.S.R. 84(E), dated the 6th S.O. 2580(E), dated the 31st February, 1987 October, 2008 G.S.R. 409(E), dated the 20th S.O. 2824(E), dated the 1st April, 1987 December, 2008 G.S.R. 542(E), dated the 11[th] S.O. 727(E), dated the 31st July, 1995 March, 2010 G.S.R. 748(E), dated the 17[th] S.O. 2411(E), dated the 4th December, 1998 October, 2010 G.S.R. 8(E), dated the 4[th] S.O. 958(E), dated the 12th January, 2002 April, 2013 W.P.(C).27678/11 - : 3 :- G.S.R. 499(E), dated the 23[rd] S.O. 2617(E), dated the 27th August, 2006 August, 2013 S.O. 1228(E), dated the 25th S.O. 1258(E), dated the 9th July, 2007 May, 2014” S.O. 1823(E), dated the 25th October, 2007 2. In pursuance of the said statutory notification dated 17.11.2015, the respondent Khadi & Village Industries Commission has also issued circular dated 2.12.2015 in the matter, which reads as follows: “DIRECTORATE OF ADMINISTRATION & HR KHADI AND VILLAGE INDUSTRIES COMMISSION IRLA RQAD, VILE PARLE (W), MUMBAI -56 No.Adm-lI /101/CDA Regu./2015-16 /(75)/P-IV. Date: 02.12.2015 **==> picture [79 x 9] intentionally omitted <==** In exercise of powers conferred by sub-section (2) of Section 14 of Administrative Tribunals Act, 1985 (13 of 1985) the Govt. of India vide Notification S.O.No.3107(E) dated 17.11.2015 issued under Extra Ordinary Part-ll, Section-lll, Sub-section-ll by Ministry of Personnel, Public Grievances & Pensions, DoPT, Govt. of India, New Delhi downloaded from website of e-gazette of Govt. of India, has specified that from 17.11.2015 the provisions of sub-section (3) of Section 14 of the said Act shall apply to the " _Khadi and Village Industries Commission (KVIC)_ ", being a Statutory body within the territory of India. A copy of which is enclosed herewith for information and necessary action. This is issued with the approval of Competent Authority. **==> picture [161 x 37] intentionally omitted <==** 3. Sec.29 of the Administrative Tribunals Act, 1985, provides as follows: - : 4 :- W.P.(C).27678/11 'Sec. 29. Transfer of pending cases.— (1) Every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal: Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court. (2) Every suit or other proceeding pending before a court or other authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation or society, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal: Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court. Explanation.—For the purposes of this sub-section “date with effect from which jurisdiction is conferred on a Tribunal”, in relation to any local or other authority or corporation or society, means the date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation or society. (3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal. Explanation.— For the purposes of this sub-section, “ _State Tribunal_ ” means a Tribunal established under sub-section (2) of section 4. (4) Where any suit, appeal or other proceeding stands transferred from any Court or other authority to a Tribunal under sub-section (1) or sub-section (2),— - : 5 :- W.P.(C).27678/11 - (a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and - (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or _de novo_ as the Tribunal may deem fit. (5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred. (6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987, being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such Court. (7) Where any case stands transferred to a Court under sub-section (6), that Court may proceed to deal with such case from the stage which was reached before it stood so transferred.' 4. Therefore, in the light of the above said provisions contained in the statutory notification dated 17.11.2015 issued by the Government of India, which has been published in the Gazette of India dated 17.11.2015, the jurisdiction of the court of first instance to adjudicate on matters concerning recruitment and conditions of service of employees of the respondent KVI Commission will stand exclusively vested with the Central Administrative Tribunal, on and with effect from W.P.(C).27678/11 - : 6 :- 17.11.2015. Accordingly, in view of these aspects, more particularly, in the light of the ruling of the Constitution Bench of the Apex Court in the celebrated case in L.Chandrakumar v. U.O.I. reported in (1997) 3 SCC 261, as well as the statutory notification dated 17.11.2015 and the provisions contained in Sec.29(2) of the Administrative Tribunals Act, 1985, it only to be held that this matter would stand automatically transferred to the file of the Central Administrative Tribunal, Ernakulam Bench, by the operation of Sec.29(2) of the Administrative Tribunals Act, 1985. 5. As the matter has been pending before this Court since 18.10.2011, it is only to be observed that the Tribunal is requested to bestow their consideration so that top priority would be granted for early hearing and disposal of the matter, without much delay. 6. Accordingly, the aforecaptioned writ proceedings stand closed in view of the transfer of the matter to the Central Administrative Tribunal, Ernakulam Bench, in terms of Sec.29(2) of the Administrative Tribunals Act, 1985. The Registry will forward the records of this case to the Tribunal. **==> picture [30 x 13] intentionally omitted <==** sdk+ ALEXANDER THOMAS, JUDGE ///True Copy/// ## P.S. to Judge W.P.(C).27678/11 - : 7 :-