KOSHY GEORGE PALOTTU MADOM Vs. STATE OF KERALA REPRESENTED BY SECRETARY AGRICULTURE DEPARTMENT GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) W.P(C) No.20018 of 2016

(2.) The State Farming Corporation of Kerala Ltd. (hereinafter referred to as 'the Corporation') issued a notification dated 14.01.2016, inviting applications for appointment to the post of Manager (Operations) from among qualified hands. The petitioner submitted application for the same and appeared in the interview held on 24.2016. In Ext.P1 rank list he was ranked No.1. The Board of Directors resolved to make appointment from the rank list and authorised the 2nd respondent to seek approval from the Government for appointment. As per Ext.P2 letter dt.3.2016, the Managing Director had addressed the Government, forwarding the rank list as well as the resolution of the Board of Directors seeking approval for appointment from the rank list. Thereupon, as per Ext.P3 letter, the Government intimated permission to make appointment subject to the condition that the posting order would be served to the candidate only after the election process was over. Thereafter, the matter was placed before the Board of Directors on 8.4.2016 when it was resolved to accord sanction to serve order of appointment to the selected candidate after the election process was over. As the petitioner was not given appointment even after election was over, he submitted Ext.P5 representation before the Managing Director requesting for orders of appointment. Thereafter, he approached this Court seeking a direction to the 2nd respondent to issue appointment order to him as Manager (Operations) and to pass orders on his representation Ext.P5. On 23.06.2016 an interim order was passed in this case directing the 2nd respondent to provisionally issue an appointment letter to the petitioner, who is the 1st rank holder in the select list for appointment as Manager (Operations) subject to the result of the writ petition. The 1st respondent took up the matter in Writ Appeal No.1663/2016 which was dismissed as per judgment dt.10.4.2017 observing that the direction was subject to the result of the writ petition and in conformity with Exts.P3 and P4.

(3.) The 2nd respondent filed a counter affidavit on 206.2016 stating that the post of Estate Manager as well as that of Manager(Operations) were lying vacant and as the General Manager who was looking into the activities in connection with estate/factory was going to retire shortly, it was necessary to have a capable personnel with adequate experience to entrust supervision of the routine activities in all the four estates, factory and the re-planting activities. It was stated that the Board of Directors in its 284th meeting held on 30.12.2014 resolved to fill up the vacancy of Manager (Operations) , by direct recruitment. As it was found that recruitment to the post cannot be avoided, based on the resolution in its 285th meeting held on 07.02015, the vacancy was notified in newspapers on 29.07.2015. As sufficient number of candidates did not apply, it was re- notified on 14.01.2016. Out of 10 applications received pursuant to that, six candidates were shortlisted. The Subcommittee constituted for selection conducted the interview and prepared Ext.P2 rank list with the petitioner as the first rank holder; the Board approved it subject to approval of the Government and subject to the decisions in the pending cases. The Government, as per its letter dated 01.04.2016 communicated its decision to permit the 2nd respondent to make appointment on condition that posting order shall be issued only after election. The Corporation therefore as per Ext.R2(a) letter dated 07.06.2016, addressed the Government again, after the election, seeking permission to make appointment.