SIVASANKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was working as Functional Literary Project Officer at Thrissur. While so, he was appointed as Assistant Director, National Savings by Ext. P - 1 order dated 2nd November 1993. He was later transferred to Idukki District and then to Thiruvananthapuram. While working as Assistant Director in Thiruvananthapuram, he was given charge of Joint Director from 24th September 1998 to 11th February 2000. In those places where the petitioner worked, he had obtained great achievements in reaching far above the target in the matter of promoting the National Savings Scheme.

(2.) Thereafter, the petitioner was transferred to Thrissur and he joined duty on 1st July 2000. Subsequently, it is stated that a show cause notice was issued. According to petitioner, the show cause notice was not served on him. Thereafter, first respondent issued another notice stating that the charge memo could not be served on the petitioner for want of proper address and the Director of National Savings was directed to serve the memo of charges to the petitioner at the present address. Ext. P - 4 is the communication from the Principal Secretary (Finance) to the Director of National Savings. According to petitioner, when the earlier memo of charges was issued, he had availed of two days casual leave and gone to Idukki and since he could not join duty, he had informed the Director over telephone of his necessity for availing commuted leave and cancelling the casual leave. After getting Ext. P - 4, petitioner submitted Ext. P - 5 representation. After the expiry of the commuted leave, petitioner reported for duty on 1st August 2000, but he was not permitted to rejoin duty. Thereafter, petitioner submitted Exts. P - 6 and P - 7 representations.

(3.) This Original Petition was filed at a time when the petitioner apprehended that he was attempted to be sent back to the original office where he was working in 1993 so as to enable somebody to be appointed in his place. After filing of the Original Petition, petitioner was served with Ext. P - 8 order dated 22nd December 2000. By Ext. P - 8, petitioner was reverted to his parent Department with immediate effect. The reason stated for such reversion is that the explanation furnished to the show cause notice was not satisfactory and the Director of National Savings has reported that the petitioner is totally misfit to the National Savings Department. According to petitioner, Ext. P - 8 is passed without conducting any enquiry and the reversion causes serious prejudice to the petitioner. The reasoning that the petitioner was not performing well is against the truth and the appreciation given to the petitioner from the concerned superior officers and no official records were looked into before passing Ext. P - 8 order. Subsequently, petitioner has also produced Exts. P - 9 and P - 10. Ext. P - 9 is the Kerala National Savings Service Special Rules. It is stated in the affidavit filed along with the petition that the post of National Savings Officer mentioned in Ext. P - 9 was re - designated as Assistant Director of National Savings. As per R.3, one of the modes of appointment is by transfer from among General Extension Officers in the Development Department. A ratio is also fixed in that respect. It is only in the absence of candidates for appointment by transfer, fresh appointments by direct recruitment is allowed. This is produced by the petitioner to show that though Ext. P - 1 showed the provision as R.9(a)(i) of the Kerala State and Subordinate Service Rules, it was not a temporary appointment as contemplated under the rule as the petitioner was working eversince 1993 as Assistant Director of National Savings and he has been transferred to various places. It is also stated that the appointment was made following the procedure prescribed under the Special Rules and in all cases where the appointment orders were given quoting R.9(a)(i) of the General Rules, they were given promotion as Deputy Directors, Joint Directors and Directors of National Savings. Specific instances are also pointed out in the affidavit filed on 22nd January 2001. Petitioner has also produced Ext. P - 10 in which promotions were given to persons similarly situated. It is also stated in the affidavit that the scale of pay of Assistant Directors of National Savings is Rs. 7200-11400 and if Ext. P - 8 is implemented, petitioner will have to work on the scale of pay of Rs. 6500-10550.