A. Ahammedkutty v. State of Kerala rep. by its Secretary To Government of Kerala
2013-08-31
P.N.RAVINDRAN
body2013
DigiLaw.ai
JUDGMENT 1. The relief sought in W.P.(C)No.38755 of 2010 is for an order directing the respondents to consider Ext.P2 application submitted by the petitioner therein for appointment to the post of Pump Operator in Perambra Estate owned by the Plantation Corporation of Kerala Ltd. By conducting an interview as stipulated in Ext.P1 notice. The relief sought in W.P.(C)Nos.2029 of 2013 and 2645 of 2013 is for an order directing respondents 2 and 3 therein to publish or intimate the result of the interview conducted on 05.01.2011 for appointment to the post of Pump Operator and to make appointments on the basis of the rank list. The brief facts of the case are as follows:- 2. By Ext.P1 notice dated 15.05.2010 produced in W.P.(C) No.38755 of 2010, the General Manager, Plantation Corporation of Kerala Ltd., Kottayam invited applications from eligible persons for appointment to the post of Pump Operator in Kodumon Group of Plantations, Kalady Group of Plantations and Perambra Estate owned by the Plantation Corporation of Kerala Ltd. The last date stipulated for submission of applications was 10.06.2010. It was stipulated therein that appointment will be on the basis of the written test and interview. It was further stipulated that appointments in Kalady Group of Plantations will be from the employees working in Kalady Group of Plantations, in Kodumon Group of Plantations from the employees working in Kodumon Group of Plantations and in Perambra Estate from the employees working in Perambra Estate. 3. Pursuant to the said notification, all the petitioners applied. While the petitioner in W.P.(C)No.38755 of 2010 was not called for the written test and interview, the petitioners in the other two writ petitions were called to appear for the written test and interview. The written test was held on 29.12.2010 and the interview was held on 05.01.2011. It was on the day the written test was held that W.P.(C) No.38755 of 2010 was filed seeking a direction to the respondents to consider the application submitted by the petitioner therein for appointment to the post of Pump Operator by conducting a written test. The petitioner in W.P.(C)No.38755 of 2010 contends that he possesses all the qualifications stipulated in Ext.P1 notification, but on account of political reasons, his application has not been considered.
The petitioner in W.P.(C)No.38755 of 2010 contends that he possesses all the qualifications stipulated in Ext.P1 notification, but on account of political reasons, his application has not been considered. The grievance voiced by the petitioners in the other two writ petitions is that though an interview was conducted on 05.01.2011, the result of the interview has not so far been published. 4. A statement dated 29.06.2011 has been filed on behalf of the respondents by the learned standing counsel appearing for the Plantation Corporation of Kerala Ltd. It is stated that the Board of Directors of the Plantation Corporation of Kerala Ltd., at its 358th meeting accorded sanction to recruit Pump Operators as per rules and also directed that the selection should be conducted through a written test and interview. It is stated that the post of Pump Operator is a promotion post for workers, that the sanctioned strength of Pump Operators is 12 and as on June 2011 there are 11 vacancies. It is also stated that the petitioner in W.P.(C)No.38755 of 2010 did not possess one year experience as Pump Operator as stipulated in Ext.P1 notification and therefore, he was not called to appear for the written test and interview. 5. When these writ petitions came up for hearing today, Sri.Raju Sebastian Vadakkekkara, learned standing counsel appearing for the Plantation Corporation of Kerala Ltd., submitted that the interview was conducted on 05.01.2011 by a sub committee of the Board of Directors of the Plantation Corporation of Kerala Ltd., that the sub committee did not after conducting the interview, furnish the marks secured by the candidates who were called to appear for the interview and that is the reason why, till date, the select list has not been published. The learned standing counsel also submitted that after the applications were invited in the year 2010, the other workers would also have got qualified and therefore, the Plantation Corporation of Kerala Ltd., proposes to conduct a fresh selection. 6. It is evident from the stand taken by the Plantation Corporation of Kerala Ltd., in the statement dated 29.06.2011 that as on 29.06.2011, 11 vacancies of Pump Operators were in existence. It is also stated that the post of Pump Operator is a promotion post for workers.
6. It is evident from the stand taken by the Plantation Corporation of Kerala Ltd., in the statement dated 29.06.2011 that as on 29.06.2011, 11 vacancies of Pump Operators were in existence. It is also stated that the post of Pump Operator is a promotion post for workers. By Ext.P1 notification dated 15.05.2010 (produced in W.P. (C)No.38755 of 2010), applications were invited from workers of Kodumon Group of Plantations, Kalady Group of Plantations and Perambra Estate for appointment as Pump Operators. The last date stipulated was 10.06.2010. A written test was conducted on 29.12.2010 and an interview was held on 05.01.2011. The result of the interview is not known for the reason that the sub committee of the Board of Directors which was entrusted with the task of conducting the interview, did not prepare and forward a mark list to the Plantation Corporation of Kerala Ltd. Such being the situation, as 11 vacancies were in existence as on 29.06.2011, I am of the opinion that the Plantation Corporation of Kerala Ltd., should complete the selection process initiated by it, pursuant to Ext.P1 notification dated 15.05.2010 by holding the interview afresh. I accordingly dispose of W.P.(C)Nos.2029 of 2013 & 2645 of 2013 by directing the competent authority in the Plantation Corporation of Kerala Ltd., to conduct a fresh interview from among the candidates who have passed the written test held on 29.12.2010. The interview shall be conducted and the select list prepared and published expeditiously and in any event within an outer limit of three months from the date on which any one among the petitioners in W.P. (C) Nos.2029 of 2013 & 2645 of 2013 produces a certified copy of this judgment before the Managing Director of Plantation Corporation of Kerala Ltd. Since the petitioner in W.P.(C)No.38755 of 2010 was not called to appear for the written test that was held on 29.12.2010 and he s not produced any material to show that he had one year experience as Pump Operator which is one among the qualification prescribed for appointment as Pump Operator in Ext.P1 notification and he has also not produced any material to show that he has experience in repairing pumps and pipe lines, the reliefs prayed for by him cannot be granted. W.P.(C)No.38755 of 2010 accordingly fails and is dismissed. W.P.(C)Nos.2029 of 2013 and 2645 of 2013 are allowed as indicated above.