**WP(C).No.9115 OF 2016(L)**
1
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE SMT. JUSTICE P.V.ASHA**
**MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941**
## **WP(C).No.9115 OF 2016(L)**
## **PETITIONER/S:**
**VANDANA HARIDAS AGED 31 YEARS W/O.SREEKESH S.PILLAI, KOORALIL HOUSE, THYKOODAM, VYTTILA P.O, COCHIN.**
**BY ADV. SRI.P.V.MOHANAN**
## **RESPONDENT/S:**
**1 THE CHAIRMAN SPICES BOARD SUGANDHA BHAVAN, N.H. BY PASS, PALARIVATTOM P.O, KOCHIN-25. 2 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, UDYOGHA BHAVAN, NEW DELHI -110 107.**
**R1 BY SMT.K.RADHAMANI AMMA, SC, SPICES BOARD**
**R1 BY ADV. SRI.ANTONY MUKKATH, SC, SPICES BOARD R2 BY ADV. SRI.T.V.VINU, CGC**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
W.P.(C) No.9115/2016
## **JUDGMENT**
## **Dated this the 16th day of March 2020**
The petitioner who was included in separate rank lists for appointment to the post of Assistant Director (Accounts) as well as Deputy Director (Accounts) in the Spices Board has filed this Writ Petition challenging Ext.P15 order by which her request for appointment in either of these posts or in the post of Cost Accountant is rejected.
2. As per Ext.P1 notification dated 31.08.2010 Spices Board invited applications for appointment to 3 posts of Assistant Director (Accounts) earmarked as S.T. (1), S.C.
(1) and one General from among qualified hands. As
petitioner was having all the qualifications prescribed, she submitted application and participated in the process of selection. In Ext.P2 rank list which was published after interview held on 30.11.2010 and 01.12.2010 the petitioner was ranked at No.3. It is stated that since rank No.1 did not join, rank no.2 Amrutha M.George was appointed against the vacancy set apart for general merit candidate. It is stated that Smt.Amrutha got transfer as Assistant Director
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(Development) in November 2013 and Sri.Naresh was transferred from the post of Assistant Director (Marketing) to the post of Assistant Director (Accounts). The petitioner also pointed out that there was no qualified Scheduled Tribe Candidates available in the select list and that vacancy remained unfilled and later it was filled up by giving promotion to one Sri.Govindan K.P. in March 2011. It is stated that Sri.Govindan retired on superannuation in March 2015.
3. In the meanwhile applications were invited for
appointment to the post of Deputy Director (Accounts). The petitioner participated in the selection process and she was included in Ext.P12 rank list as rank no.3. It is stated that Ext.P12 rank list came into force on 10.04.2015. It is admitted that the validity period of the rank list was only for one year. Therefore Ext.P2 rank list for Assistant Director (Accounts) expired on 30.12.2011 and Ext.P12 rank list expired on 10.04.2016.
4. It is stated that in the meanwhile petitioner was given appointment as Cost Accountant on contract basis for a period of one year as per Ext.P3 order dated 07.01.2011. It is stated that the said appointment continued from year to year till October 2015 on consolidated payment. Claiming
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continuance in the post of Cost (Accountant) or appointment as Assistant Director or Deputy Director, petitioner submitted Ext.P13 representation before the 1[st] respondent stating that she is fully qualified and experienced. She pointed out that she was entitled to be appointed against the vacancy which arose consequent to the retirement of Smt.Sobha P.M. as Assistant Director (Accounts) or in the post of Cost Accountant. By Ext.P15 order the 1[st] respondent rejected her request stating that Ext.P3 rank list for appointment as Assistant Director had expired even before the vacancy arose on relieving the candidate who was already appointed from that list. It is pointed out that the regular method of appointment to the posts of Assistant Director (Accounts) as well as Deputy Director (Accounts) is by promotion and that direct recruitment is made only in the absence of qualified hands by promotion. It is stated that as and when qualified hands became available the vacancies were filled up by promotion. In the case of Assistant Director it was stated that the validity of the rank list from which Amrutha M.George was appointed expired on 30.12.2011.
5. Regarding the appointment of the petitioner as Cost
Accountant it was stated that her appointment was on
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temporary basis and it was not because of her inclusion in the rank list for the post of Assistant Director (Accounts) and that it was a temporarily created post which is not in a cadre in the Spices Board. Regarding the appointment to the post of Deputy Director (Accounts) and Deputy Director (Audit and Vigilance) it was stated that though the petitioner was ranked as number 3 in the rank list published on 10.04.2015, rank No.1 was appointed against the sole vacancy advertised and he joined the post on 13.04.2015. It is stated that as and when vacancies arise
the same has to be offered to the in-service candidates and direct recruitment can be resorted to only in the absence of qualified hands for promotion. Accordingly her representation was rejected.
6. The 1[st] respondent has filed counter affidavit in
tune with the contents in the order Ext.P15.
7. Heard Adv.P.V.Mohanan, learned counsel for the
petitioner, Adv.Antony Mukkath, learned Standing counsel for the 1[st] respondent and Adv.T.V.Vinu learned Central Government counsel for the 2[nd] respondent.
8. The petitioner's claim is on the basis of her
inclusion in Ext.P2 and P12 rank lists respectively for
appointment as Assistant Director (Accounts) and as Deputy
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Director (Accounts) respectively. In both the rank lists petitioner was ranked at sl. no.3. Admittedly the rank list expired on completion of one year that is Ext.P2 rank list expired on 30.12.2011 and Ext.P12 rank list expired on 10.04.2016. Petitioner does not have a case that any further vacancy arose before the expiry of rank list. The number of vacancy notified was only one. Therefore, petitioner cannot have any claim for appointment if at all any further vacancy arose during the currency of the rank list.
9. Further claim of the petitioner is for continuance in the post of Cost Accountant. Petitioner does not have a case that the said appointment was made after issuing any advertisement/notification and inviting applications from qualified hands or after subjecting her to any process of selection known to law, though Ext.P3 order refers to her application and interview. Petitioner has not even stated that there was a notification based on which she submitted application or that there was no other candidates who appeared for the interview after submitting application. Her appointment was only on contract basis for a period of one year and on renewal of contract from time to time petitioner could continue till 2015. Respondents have
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stated that there was no regular or permanent post of Cost Accountant and therefore she has no right to continue.
10. The learned counsel for the petitioner relying on the judgment of the apex court in _**Central Inland Water Transport Corporation Ltd. and another vs. Brojo Nath Ganguly and another : 1986 SC 1571**_ vehemently argued that petitioner was compelled to execute the agreement in the absence of any bargaining power and therefore the contract entered into by her was unconstitutional in violation of section 23 of the Contract Act.
11. As long as respondents have not conducted any selection process for appointment to the post of Cost Accountant and since it is stated that there is no permanent post of Cost Accountant under the 1[st] respondent against which petitioner was appointed, I am of the view that the judgment in _**Central Inland Water Transport Corporation Ltd. and another vs. Brojo Nath Ganguly and another**_ would not be of any help to the petitioner in this case.
Accordingly the Writ petition is dismissed.
## **Sd/-**
## **P.V.ASHA**
rkc
**JUDGE**
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## **APPENDIX**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 P1-TRUE COPY OF THE NOTIFICATION DATED 31/08/2010 EXHIBIT P2 P2-TRUE COPY OF THE RANK LIST FOR THE POST OF DEPUTY DIRECTOR (ACCOUNTS) AND DEPUTY DIRECTOR (AUDIT AND VIGILANCE) EXHIBIT P3 P3-TRUE COPY OF THE ORDER NO. ADM2/1/APP/12/2010-11/7390 DATED 07/01/2011 EXHIBIT P4 P4-TRUE COPY OF THE ORDER NO. ADM2/1/APP/12/2010-11/10162 DATED 23/01/2012 EXHIBIT P5 P5-TRUE COPY OF THE ORDER NO. ADM2/1/APP/12/2010-11 DATED 29/01/2013 EXHIBIT P6 P6-TRUE COPY OF THE ORDER NO. ADM2/1/APP/12/2010-11 DATED 29/08/2013 EXHIBIT P7 P7-TRUE COPY OF THE ORDER DATED 31/01/2014 EXHIBIT P8 P8-TRUE COPY OF THE ORDER NO. ADM2/1/APP/3/2011-12 DATED 16/03/2015 EXHIBIT P9 P9-TRUE COPY OF THE ORDER DATED 19/09/2015 EXHIBIT P10 P10-TRUE COPY OF THE NOTIFICATION DATED 17/09/2014 EXHIBIT P11 P11-TRUE COPY OF THE ADMIT CARD EXHIBIT P12 P12-TRUE COPY OF THE RANK LIST OF DEPUTY DIRECTOR (ACCOUNTS) PUBLISHED IN THE MONTH OF MARCH, 2015 EXHIBIT P13 P13-TRUE COPY OF THE REPRESENTATION DATED 12/10/2015**
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**EXHIBIT P14 P14-TRUE COPY OF THE JUDGMENT IN W.P(C) 35512/2015**
**EXHIBIT P15 P15-TRUE COPY OF THE PROCEEDINGS DATED 23/12/2015**
**EXHIBIT P16 TRUE COPY OF THE RANK LIST OF ASSISTANT DIRECTOR (ACCOUNTS).**
**RESPONDENTS' EXHIBITS**
**EXT.R1A: TRUE COPY OF THE PREAMBLE OF THE SPICES BOARD (RECRUITMENT) REGULATIONS, 2010**
**EXT.R1B: PHOTOCOPY OF THE SCHEDULE APPENDED TO THE RECRUITMENT REGULATIONS, 2010 RELATING TO THE POST OF ASSISTANT DIRECTOR (ACCOUNTS)**
**EXT.R1C: TRUE COPY OF THE NOTIFICATION NO.7 DT.15.10.15 OF THE SECRETARY, SPICES BOARD, KOCHI**
**EXT.R1D: TRUE COPY OF THE SCHEDULE APPENDED TO THE RECRUITMENT REGULATIONS, 2010 RELATING TO THE POST OF DEPUTY DIRECTOR (ACCOUNTS)**
**EXT.R1E: TRUE COPY OF THE SCHEDULE APPENDED TO THE RECRUITMENT REGULATIONS, 2010 RELATING TO THE POST OF DEPUTY DIRECTOR (MARKETING)**
