## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`**
```
TUESDAY, THE 21[ST] DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
WP(C) NO. 1165 OF 2020
```
## **`PETITIONERS:`**
```
1A.P.SHIJU,
AGED 48 YEARS
S/O. A.P. PAPPACHAN, ACHANDY HOUSE, AYYAMPUZHA P.O.,
PIN-683581.
2K.T. BABU,
AGED 49 YEARS
S/O. K.V. THOMAS, KALLELY HOUSE, AYYAMPUZHA P.O.,
PIN-683581.
3K.P. JAYA,
AGED 48 YEARS
W/O. K.P. JOSE, KOLENCHERRY HOUSE, MANICKAMANGALAM P.O.,
PIN-683574.
BY ADV A.V.XAVIER
```
## **`RESPONDENT:`**
```
PLANTATION CORPORATION OF KERALA LIMITED,
KOTTAYAM-686004, REPRESENTED BY ITS MANAGING DIRECTOR.
```
```
BY ADV SRI.MANU GOVIND
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2023, ALONG WITH WP(C).1822/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
```
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
2
```
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR.JUSTICE N.NAGARESH`**
```
TUESDAY, THE 21[ST] DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
```
```
WP(C) NO. 1822 OF 2020
```
## **`PETITIONER`**
```
LINOJ PAUL
AGED 37 YEARS
S/O. PAUL, PALANKARA, MANJAPRA, ANAPARA P.O.,
PIN - 683 581
```
```
BY ADVS.
JOHN VARGHESE
SMT.ANU S NAIR
```
## **`RESPONDENTS:`**
- **`1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001`**
- **`2 PLANTATION CORPORATION OF KERALA LTD., REPRESENTED BY THE MANAGING DIRECTOR, REGISTERED OFFICE - KOTTAYAM, PIN - 686 004`**
- **`BY ADV SRI.MANU GOVIND, SC, KERAFED SMT.ANIMA M. GP`**
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.03.2023, ALONG WITH WP(C).1165/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
3
```
## **JUDGMENT**
Dated this the 21[st] day of March, 2023
```
[WP(C) NOs.1165 & 1822 Of 2020]
```
The petitioners in these writ petitions were initially appointed as Tapping Workers in the Plantation Corporation of Kerala Limited. The Plantation Corporation invited applications for recruitment to the post of Tapping Supervisor. A rank list was drawn. The petitioners were included in the rank list.
2. The petitioners contend that only two candidates were appointed from the said rank list, though there were more vacancies. The petitioners therefore approached this Court filing writ petitions. By a common judgment dated 18.11.2014 in W.P.(C) No. 7509 of 2008 and connected cases, this Court directed the respondent to fill up all the vacancies which arose upto 30.03.2009.
3. The petitioners state that in spite of the directions given by the learned Single Judge of this Court, the vacancies which arose upto 30.03.2009 were not filled up. The
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
4
```
petitioners were therefore forced to file Contempt of Court Cases before this Court.
4. When Contempt of Court Cases were filed, the petitioners were given appointment as Tapping Supervisors. Recording the said development, the Contempt of Court Cases were closed as per Ext.P2 order dated 21.08.2019. The appointment orders were issued to the petitioners in the year 2018 itself.
5. As a bolt from the blue, the respondent-Corporation issued Show-cause Notices on the petitioners on 20.12.2019 alleging that their appointment as Tapping Supervisors was made against vacancies reserved for other categories. The petitioners submitted their replies to the Show-cause Notices. Nevertheless, the petitioners were reverted as Tapping Workers on 20.01.2020. It is aggrieved by the reversion that the petitioners have approached this Court.
6. Counsel for the petitioners argued that applications were invited by the respondent-Corporation for appointment to
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
5
```
the post of Tapping Supervisor. The petitioners were found meritorious for appointment and were included in the rank list. When the respondent-Corporation did not make appointment from the rank list in spite of availability of vacancies, the petitioners approached this Court. This Court directed the respondent-Corporation to fill up the vacancies of Tapping Supervisors arose upto 30.03.2009. Even then, the respondent-Corporation did not appoint the petitioners. It was only when the petitioners moved Contempt of Court Case that appointments were granted in the year 2018. In view of such appointments, the Contempt of Court Cases were closed.
7. The present action of the respondent-Corporation in reverting the petitioners to the post of Tapping Worker alleging that they were appointed against the vacancies reserved for other categories cannot stand the scrutiny of law. It will go against the judgment of the Hon’ple Apex Court in _**Union of India and others v. C.K.Dharagupta and others** [(1997) 3 SCC 395]_ , contended the counsel for the petitioners.
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
6
```
8. The respondent-Coporation resisted the writ petition filing counter affidavit. The respondent-Corporation submitted that in obedience to the directions given by this Court, the petitioners were appointed as Tapping Supervisors in the year 2018. However, in the proceedings in subsequent writ petitions, this Court observed that appointment to the post of Tapping Supervisors was made departing from the reservation norms. In view of the strong observations made by this Court, the respondent-Corporation reviewed the appointments given to the petitioners. The petitioners were appointed against vacancies earmarked for reserved categories. It was in such circumstances that the Show-causes Notices were issued upon the petitioners.
9. The Standing Counsel representing the Plantation Corporation submitted that as per Rule 15 of the KS & SSR, if reserved category candidates are not available for filling up the vacancies earmarked for reserved category, the respondent-Corporation is bound to re-notify the vacancies
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
7
```
twice and it is only thereafter those vacancies can be filled up from other sources. In the case of the petitioners, the petitioners were appointed against reserved posts, without renotifying the vacancies. To that extent, there is an illegality in the appointment of the petitioners and it is in such circumstances that Show-cause Notices were issued to the petitioners and they were reverted.
10. The Standing Counsel further pointed out that the appointment to the post of Tapping Supervisor is not a promotion, but it is by way of direct a recruitment in view of the Special Rules for Posts Recruited by Corporation Direct from Workers. Therefore, it cannot be said that the petitioners were reverted. The petitioners, however, are working as Tapping Workers, conceded the Standing Counsel.
11. I have heard the learned counsel for the petitioners, the learned Standing Counsel representing the Plantation Corporation of Kerala Limited and the learned Government Pleader representing the 1[st] respondent in W.P.(C) No.1822 of
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
8
```
2020.
12. It is evident from the pleadings that the petitioners were placed in a rank list for appointment to the post of Tapping Supervisors after a due process of selection. Alleging that only two persons were appointed from the said rank list despite the availability of more vacancies, the petitioners approached this Court filing writ petitions. Those writ petitions were disposed of with a direction to the respondents to fill up the vacancies which arose upto 30.03.2009. Still, appointments were not given to the petitioners as Tapping Supervisors. It is only when the petitioners moved Contempt of Court Cases against the respondent-Corporation that the petitioners were appointed as Tapping Supervisors.
13. It is to be noted that the Contempt of Court Cases were closed in view of the said development. Once the petitioners have approached this Court seeking reliefs and once they have obtained reliefs and those reliefs were granted after filing Contempt of Court Cases, then the respondent-
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
9
```
Corporation will not be justified in re-opening the appointments granted and removing the petitioners from those posts. If the appointments of the petitioners have affected any reserved candidates, the respondent-Corporation will have to make up the reservation by effecting appointment of reserved category persons in the next arising posts. That cannot be a reason to remove the petitioners from the post of Tapping Supervisors.
In view of the above, these writ petitions are disposed of setting aside the orders removing the petitioners from the post of Tapping Supervisors. The petitioners shall be forthwith appointed as Tapping Supervisors. The petitioners will be entitled to all consequential benefits.
sd/-
## **N.NAGARESH**
## **JUDGE**
hmh
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
10
```
## **`APPENDIX OF WP(C) 1165/2020`**
## **`PETITIONER EXHIBITS`**
```
EXHIBIT P1COPY OF CIRCULAR PD/PA/2076 DATED
02/07/2005.
```
- **`EXHIBIT P2 COPY OF PD/PA/2561 RANK LIST DATED 30/03/2007.`**
- **`EXHIBIT P3 COPY OF COMMON JUDGMENT IN WPC NOS.12176/2007 AND 7509/2008 DATED 18/11/2014.`**
- **`EXHIBIT P4 COPY OF SELECTION AND PROMOTION APPOINTMENT OF TAPPING SUPERVISOR ORDER ISSUED TO A.P. SHIJU DATED 24/04/2015.`**
- **`EXHIBIT P5 COPY OF APPOINTMENT ORDER ISSUED TO K.T.BABU DATED 11/10/2018.`**
- **`EXHIBIT P6 COPY OF PCK/3976 NOTICE DATED 20/12/19 ISSUED TO A.P. SHIJU.`**
- **`EXHIBIT P7 COPY OF REPLY OF AP SHIJU SUBMITTED ON 28/12/2019 TO EXHIBIT P6 NOTICE.`**
- **`EXHIBIT P8 COPY OF PCK/3976 NOTICE DATED 20/12/19 ISSUED TO K.T. BABU.`**
- **`EXHIBIT P9 COPY OF REPLY OF K.T. BABU SUBMITTED ON 28/12/2019 TO EXHIBIT P8 NOTICE.`**
- **`EXHIBIT P10 TYPED COPY OF ORDER PCK/MD/F302/19 DATED 22/01/2020 ISSUED TO A.P.SHIJU (1ST PETITIONER).`**
- **`EXHIBIT P11 COPY OF ORDER PCK/MD/F302/18 DATED 22/01/2020 ISSUED TO K.T.BABU (2ND PETITIONER).`**
- **`EXHIBIT P12 COPY OF ORDER PCK/MD/F302/17 DATED 22/01/2020 ISSUED TO K.P.JAYA (3RD PETITIONER).`**
- **`EXHIBIT P13 COPY OF RANK LIST PD/PA/5286 DATED 30/10/2003 RELATED TO PROMOTION APPOINTMENT OF TAPPING SUPERVISORS.`**
- **`EXHIBIT P14 COPY OF RECRUITMENT RULES IN RESPECT OF OFFICERS OF THE PLANTATION CORPORATION OF KERALA LIMITED, FINALIZED BY THE SUB- COMMITTEE OF THE BOARD ON 4-111976.`**
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
EXHIBIT P15COPY OF THE ORDER IN I.A NO. 10/2018 IN
WP.(c) NO.12176/2007 DATED 27.09.2018.
RESPONDENT’S EXHIBITS
EXHIBIT R1(A)TRUE COPY OF THE CHART PREPARED AFTER
APPLYING THE PRINCIPLES OF RESERVATION
EXHIBIT R1(B)TRUE COPY OF THE PROCEEDINGS OF THE
MANAGING DIRECTOR NO.P& A/F/4265 DATED
11.10.2018
EXHIBIT R1(C) TRUE COPY OF ORDER NO.LRII(2) 1540/12/W
DATED 12.11.2019
```
```
WP(C) NOs.1165 & 1822 OF 2020
```
```
12
```
## **`APPENDIX OF WP(C) 1822/2020`**
## **`PETITIONER EXHIBITS`**
```
EXHIBIT P1TRUE COPY OF THE JUDGMENT DT.18.11.2014
IN W.P.(C) NO.7509/2008 OF THIS HON'BLE
COURT
EXHIBIT P2TRUE COPY OF THE JUDGMENT DT.21.08.2019
IN CCC 785/2015 OF THIS HON'BLE COURT
EXHIBIT P3APPOINTMENT ORDER ISSUED TO THE
PETITIONER DT.11.10.2018
EXHIBIT P4THE TRUE COPY OF THE NOTICE DATED
20.12.2019 ISSUED TO THE PETITIONER
EXHIBIT P5THE TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER DT. 27.12.2019
EXHIBIT P6TRUE COPY OF THE ORDER NO.MD/F302/13
DT. 20.01.2020 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
RESPONDENT’S EXHIBITS : NIL
```
