KERALA STATE HOUSING BOARD Vs. MURALI

JUDGEMENT

(1.) The jurisdiction of a statutory Corporation to direct deputation is the only aspect for consideration in these two appeals. Two apparently conflicting decisions of two learned Judges of this Court in two separate writ petitions have given rise to these appeals by the same appellant, the Kerala State Housing Board.

(2.) The appellant, is a statutory Corporation constituted under the Kerala State Housing Board Act, 19 of 1971. This Act is intended 'to provide for the organised direction and planning in the preparation and execution of Housing and improvement schemes' in this State and the State Housing Board is constituted as a body corporate with perpetual succession and common seal to, achieve these objects and for an effective implementation of the provisions of the Act. The Housing Commissioner to the Government is the ex officio Secretary of the Board. The Secretary makes appointments to the posts in the establishment of the Board and exercises all the powers prescribed under the Act. The Act enables the Board to make "service regulations" under S.19 and to make other regulations to give effect to the provisions of the Act, under S.162.

(3.) Sri. K.M. Jojo, was a Junior Engineer in the Cochin Shipyard, a Central Government undertaking and he was deputed for two years to the Housing Board in 1983. His deputation was subsequently extended till 12-12-1986 on which date his services were terminated and he was relieved of his duties under the Board. He was thus compelled to join his parent organisation, the Shipyard. He, therefore, filed writ petition, O.P. No. 9499 of 1986, mainly for a direction that he be permanently absorbed in the services of the Housing Board. A learned single Judge of this Court, Mr. Justice K.T. Thomas, dismissed the writ petition holding that the Housing Board is not empowered "for making an appointment on deputation" and therefore the writ petitioner, "cannot, as a matter of right, claim that he is entitled to continue on deputation or to be absorbed in the services of the Board". W.A. No. 483 of 1987 is filed by the Housing Board.