BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Rationing Inspector working in Kerala state Civil Supplies Corporation. He had served for about five years on deputation to the Corporation. He has approached this Court challenging Ext. P2 and seeking a declaration that Ext. P1 norms are opposed to R. 2a of the Kerala public Service Commission (Additional Functions as respects certain corporations & Companies) Rules, 1970 as that deputation is a mode of appointment. He also seeks a direction restraining the respondents from deputing the petitioner on the basis of Ext. P1 norms.

(2.) THE petitioner had been to this court on an earlier occasion with O. P. No. 18889 of 1998. That original petition was disposed of directing the respondents to consider and pass orders on his representation dated 15. 9. 1998. His representation had been duly considered at length adverting to each of his contentions, in Ext. P2. Ext. P2 adverts to all the points raised by the petitioner in his representation. THErefore, there arise no arbitrariness in rejecting the representation of the petitioner. It is stated that seniority list for the purpose of deputation of personnel's to the kerala State Civil Supplies Corporation is being prepared. It is also stated that it is necessary to depute personnel's from Civil Supplies Department to the Civil Supplies Corporation for its proper working, as the Civil Supplies corporation is engaged in the duty of ensuring smooth functioning of public distribution system as well as the Market Investigation especially in the festival seasons. THE Government have adopted the deputation as a policy in order to maintain the proper functioning of the Corporation. THErefore, I see no arbitrariness or illegality in Ext. P2. THE challenge against Ext. P2, therefore, fails.

(3.) EXT. P1 provides only norms for deputation. Deputation is governed by R. 140 of Part I KSR. In such circumstances, it is only appropriate for the Government to lay down certain norms in order to avert arbitrariness in the matter of deputation. The petitioner contends that R. 9b of the K. S. and S. S. R. also applies in the matter of deputation. The deputation in this case is to a Government owned company. R. 9b does not take in a Government owned company, but only statutory corporation. Civil Supplies Corporation is not a statutory corporation. There fore, R. 9b does not have any application in this case. So the petitioner cannot get the relief as prayed for in prayer No. 2.