C K N NAIR Vs. K M CHANDY

JUDGEMENT

(1.) IT is rather very unfortunate that the petitioner has to come to this Court for the third time to vindicate his rights as the director of Research, Rubber Board, Kottayam. The present petition is for taking action for contempt against the Chairman, Rubber Board, on the averment that he has shown disrespect to the orders of this Court and thereby committed contempt of this Court.

(2.) TO understand the background of the case it is necessary to briefly refer to the previous proceedings between the patties. The petitioner is a Master of Science (First Class) in Soil Science of the University of Travancore . He has taken Doctorate in agronomy Major, Plant Physiology and Biochemistry Minors from Cornell University . New York . He is also the holder of Diploma in Radioisotope Procedure from the Oak Ridge institute of Nuclear Studies, U. S. Atomic Energy Commission. He started his service as Senior Scientific Officer in the National Chemical Laboratory of india in 1950. On 9-9-1959 he was appointed Professor of Agronomy in the Agricultural College , Vellayani, on selection by the kerala Public Service Commission. In 1962 he was promoted as Vice-Principal and in 1963 as Principal of the Agricultural College . In 1964 he was posted as Additional Director of, Agriculture (Research) and his post was re-designated as Principal and Additional Director of Agriculture (Research ). In December 1967 he was appointed as Special Officer for establishment of the kerala Agricultural University, and on his report the Kerala Agricultural university was subsequently constituted. In 1970 he was posted temporarily as director of the Small Farmers' Development Agency. In September, 1971, the kerala Agricultural University Act was published in the Gazette. By See. 58 of the said Act the Agricultural College and Research Institute Vellayani, was disaffiliated from the Kerala University and made a constituent college and research Institute of the Agricultural University. Every person employed in any of the colleges specified in sub-section (1) or in any of the Institutions referred to in sub-section (3) of S. 58 of the said Act immediately before a specified date was statutorily transferred to become an employe of the Kerala agricultural University. The petitioner's claim that he became a permanent employee of the Agricultural University was not recognised and the Government did not allow him to take up his post in the Agricultural College as Principal of the College. He was not relieved from his post of Director, Small Farmers' development Agency which itself was a time limited post. This led to the petitioner filing O. P. 1359 of 1972 for the issuance of a writ of mandamus directing the State Government to relieve him from the post of Director, Small farmers' Development Agency in order to enable him to take up his duty as the principal of the Agricultural College as provided in S. 58 (4) of the Act. This court granted a declaration prayed for by the petitioner that he was entitled to the post of the Principal of the College. The Government was also directed to take immediate steps for relieving him from the temporary post so as to enable him to take up his duties as the Principal of the Agricultural College. The contention of the Government and the University that he had not become an employee of the University with effect from 1 219'2 and that there was no provision in the Act for a post of Principal of the Agricultural College were overruled by the Court. Possibly the Government was ill-disposed towards him and without giving effect to the direction of the learned Single Judge who disposed of O. P. No. 1359 of 1972 an appeal was filed before a Division Bench. Pending the appeal the Rubber Board which is under the control of the Central government advertised for the post of Director of Research and the petitioner was an applicant far the post. The Government permitted the petitioner to appear for the interview and in the interview the petitioner was selected by the Board and the appointment was offered to him. The Government of Kerala permitted the petitioner to accept the appointment and relieved him from the post of Director of Small Farmers' Development Agency by its order dated 4101972 and he took charge as Director on 9 -101972. Thereafter, when the writ appeal against the decision in O. P. No. 1359/72 came up for argument he submitted that he is not interested in taking up his duties as Principal of the College as he was holding a higher and a more remunerative post in the Board. The Government Pleader also submitted that the appeal was not pressed. Accordingly the appeal was dismissed confirming the judgment of the learned Single Judge.

(3.) EXPIRY of the term of his appointment as stated above need not necessarily be a ground against any re-employment of Dr. Nair.