2013 Supreme(Ker) 917
IN THE HIGH COURT OF KERALA
THOTTATHIL B. RADHAKRISHNAN, C.T. RAVI KUMAR, JJ.
Venugopal - Appellant
Versus
Aneesh Kumar - Respondent
R.P. No's. 861 and 984 of 2012 in Writ Petition (C) No. 26187 of 2011
Decided On : 23-07-2013
For the Appellant : O.V. Radhakrishnan and N.N. Sugunapalan, K. Radhamani Amma, Antony Mukkath, Mahesh V. Ramakrishnan and S. Sujin
For the Respondent: K. Jaju Babu, M. Ramesh Chander, V. Krishna Menon, V.M. Kurian and Noble Mathew, Sr. Government Pleader
Headnote:
Kerala Guruvayoor Devaswom Act, 1978 - Section 14(1) - Definition of "Government" - State and Central Government - General clause - Interpretation of - Held, S.4a(1) vividly applies only to "Indian laws", S.3(29) of the General Clauses Act defines "Indian law" to mean any Act, Ordinance, Regulation, rule, order, bye-law or other instrument as described therein which has the force of law in any Part A State or Part C State or Part thereof. S.2(41) of the General Clauses Act defines "Part A State", "Part B State" and "Part C State" with reference to the inclusions in the First Schedule to the Constitution of India, only laws in force, in any Part A State or Part C State would fall within S.4A(1) of the General Clauses Act - No argument is advanced; nor could there be any; that there is anything repugnant in the subject or context of S.14(1) of the G.D. Act, which is under consideration, being considered herein.
Thottathil B. Radhakrishnan, J.
1. The judgment sought to be reviewed was rendered holding that it is only a servant of Government of Kerala, who is not below the rank of Deputy Collector, who can be appointed as administrator in terms of S. 14 of the Guruvayur Devaswom Act, 1978, for short, the 'G.D. Act' and that the Legislature has made specific prescription in identifying the field of choice from which the Guruvayur Devaswom Managing Committee could appoint the administrator. One review petition is by the third respondent in the Writ Petition who was held to be not a servant of Government of Kerala and who is not one who can be held to be in the rank of Deputy Collector in the service of the Government of Kerala. The other is instituted with leave, by an officer in the Postal Department of the central Government, who pleads that the phrase "officer of Government" in S. 14 of the G.D. Act includes an officer of Central Government and therefore, the decision on the Writ Petition confining the field of choice to servants of Government of Kerala needs to be reviewed. We have heard respective learned senior counsel for the review petitioners, the learned counsel for the private respondent (writ petitioner), the Senior Government Pleader and the standing counsel for the Guruvayur Devaswom.
2. Relying on Gurugobinda Basu Vs. Sankari Prasad Ghosal and Others, , Divya Prakash Vs. Kultar Chand Rana and Another, , State of Gujarat and Another Vs. Raman Lal Keshav Lal Soni and Others, and Biharilal Dobray Vs. Roshan Lal Dobray, , it was argued by Senior Advocate O.V. Radhakrishnan that the phrase "officer of Government" has been erroneously understood by this Court while interpreting S. 14(1) of the G.D. Act. Further, making reference to the National Forest Policy, 1988 Resolution, he argued that the activities of the establishment Kerala Forest Research institute, where the third respondent in the Writ Petition is employed, are essentially connected to duties and responsibilities of the State Government and that Institute which is an institution under the Kerala State Council for Science, Technology and Environment is to be treated as parts of governmental function and therefore, when it was shown that the said incumbent was drawing pay in a scale above that of the scale of pay of Deputy Collector, there was no reason to hold that he is not an officer of Government not below the rank of Deputy Collector for the purpose of S. 14(1) of the G.D. Act. Elucidating on this, reference was made to judgment dated 6th July 2011 - T.N. Godavarman Thirumulpad v. Union of India (2011 - LAWS (SC-7-14) = Lafarge Umiam Mining Pvt. Ltd. Vs. Union of India (UOI) and Others, to point out that it has been declared by the Apex Court that National Forest Policy, 1988 which lays down far-reaching principles must be taken as the road map to ecological protection and improvement under the forest and environmental laws referred to in that precedent. Making reference to Pashupati Nath Sukul and Others Vs. Nem Chandra Jain and Others, it was argued that when expressions "Government" and "officer of Government" are not defined, the provisions of the General Clauses Act would apply and "Government" or "the Government" shall include both the Central Government and any State Government. Reference was made to Mohinder Singh Vs. State of Haryana and Others, and Madhukar Madhukar G.E. Pankakar Vs. Jaswant Chobbildas Rajani and Others, to argue that the concept of "officer under Government" has to be understood in a wider perspective. Hari Nandan Sharan Bhatnagar Vs. S.N. Dixit and Another, was referred to, to point out that all officials working in the same scale of pay in a department, although holding posts with different designations, shall be deemed to be holding posts in the same grade, because their rank in the same department will be the same and equal to one another. N.C. Dalwadi Vs. State of Gujarat, was also referred to, in the context of the question a