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2022 Supreme(Ker) 230
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, VIJU ABRAHAM, JJ.
Dr.Manojkumar T.S., S/o. T.N.Sankara Pillai – Appellant
Versus
Indian Council Of Agricultural Research (ICAR), Represented By Its Director General – Respondent
OP(CAT) No. 92 of 2019
Decided on : 30-03-2022
Advocate Appeared:
For the Appellant : SMT.T.N.SREEKALA
For the Respondent: SRI.P.SANTHOSH KUMAR, SRI.T.V.VINU, adv
Point of Law: Grounds of rejection, stipulated in Anx.A-10 rejection order, would fall to the ground and accordingly, the same Anx.A-10 proceedings will stand quashed and set aside.
Headnote:
Constitution of India, 1950 - Articles 226 & 227 - Verdict under challenge in this Original Petition is one rendered by Central Administrative Tribunal, in instant Original Application, which has led to dismissal of above O.A - A copy of said final order rendered by the Tribunal has been produced as Ext.P-1 in instant Original Petition filed under Articles 226 & 227 of Constitution of India - Whether grounds of rejection stated in Anx.A-5 are legally correct and tenable.
Finding of the Court:
It is made clear that request of petitioner for transfer cannot be denied stating grounds pointed out in Anx.A-10 as same has already been quashed by this Court - said request of petitioner has to be considered in light of consistent Personnel Policy of ICAR, that scientific personnel, once deputed to a tenurial post in research management positions, like one at KVK, will have to be repatriated back to scientific discipline in order to ensure that their experience and talents as scientist could be best utilized for ICAR - Decision on above said aspect should be duly rendered by 3rd respondent Transfer Committee within 2 months from receipt of a certified copy of this judgment - Until then, vacancy of Senior Scientist (AS & PE), Central Institute of Fisheries Technology (CIFT), Kochi, shall not be filled up - These aspects of matter have not been duly taken note of in rendering final order, rendered by Central Administrative Tribunal, in instant O.A. - Accordingly, impugned final order rendered by CAT, will stand set aside. Registry may send a copy of this judgment to Director, Central Institute of Fisheries Technology (CIFT), Kochi, for necessary information.
Result: Original Petition (CAT) disposed of.
JUDGMENT :
ALEXANDER THOMAS, J.
The verdict under challenge in this Original Petition is the one rendered by the Central Administrative Tribunal, Ernakulam Bench, on 21.11.2018 in the instant Original Application O.A.No.433/2017, which has led to the dismissal of the above O.A. A copy of said final order rendered by the Tribunal has been produced as Ext.P-1 in the instant Original Petition filed under Articles 226 & 227 of the Constitution of India. The petitioner in the O.P. is the applicant in the O.A. and respondents 1 to 3 in the O.P. are the three respondents in the O.A. Later, the Director, Central Plantation Crops Research Institute (CPCRI), Kasargod and the Union of India, represented by the Secretary to Government in the Ministry of Agriculture and Farmers Welfare have been impleaded as additional respondents 4 & 5 in the O.P.
2. Heard Smt.T.N.Sreekala, learned counsel appearing for the petitioner in the O.P./applicant in the O.A., Sri.P.Santhoshkumar, learned Standing Counsel for the Indian Council of Agricultural Research (ICAR), appearing for R-1 to R-4 in the O.P. and Sri.T.V.Vinu, learned Central Government Counsel appearing for R-5 (Union of India) in the O.P.
3. The prayers in the instant Ext.P-2 O.A. No.433/2017 are as follows:
“i. Call for the original records leading to Annexure A10 and set-aside the same.
ii. Pass appropriate order declaring that the applicant is having ARS-discipline of 'Agricultural Structure and Process Engineering (ASPE)'.
iii. Pass appropriate order directing the respondents to upload the applicant's ARS-discipline namely 'Agricultural Structure and Process Engineering (ASPE)' against the name of the applicant in the 'Personnel Management Information System' of ICAR.
iv. Pass appropriate order directing the respondents to transfer the applicant to 'Central Institute of Fisheries Technology (CIFT)' Kochi.
v. Such other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
4. The main matter under challenge in the O.A. is the impugned Anx.A-10 proceedings dated 10.11.2017 issued by the 2nd respondent herein, whereby the request of the petitioner for transfer from the present post of Senior Scientist & Head, Krishi Vigyan Kendra (KVK), CPCRI, Kasargod, has been declined on the ground that his request for transfer to the Central Institute of Fisheries Technology (CIFT), which is another institution of the ICAR, is not legally permissible inasmuch as his post of Head, KVK, is a location specific appointment and thus non transferable, and also on the ground that his present post of Senior Scientist & Head, KVK, do not have any Agricultural Research Service (ARS) discipline earmarked, etc.
5. Reference to the factual details in this case would be necessary. The petitioner is having M.Sc. Degree and Ph.D. and was regularly selected and appointed to the ARS (Agricultural Research Service), under the respondent ICAR, in the scientific discipline of Agricultural Structure & Process Engineering (AS & PE) as per Anx.A-1 appointment order dated 1.12.1997. It has been inter alia ordered, as per Clause 'iv' thereof, that the applicant will be on probation from the date of appointment for a period of 2 years, which may be extended or curtailed at the discretion of the competent authority, etc. It is also stipulated in Clause 'vi' thereof that the applicant will be required to serve the ICAR for a minimum period of 4 years as provided under the rules and as a member of ARS, he will be liable to be posted to any Institute/Bureau/Centre/Project Directorate or its Regional/Sub Stations anywhere in India. It will be pertinent to refer to the contents of Clause 'vi' of Anx.A-1 appointment order dated 1.12.1997 which regulates the applicant's initial recruitment as a member of the ARS in the discipline of AS & PE, which reads as follows:
“He/She will be required to serve the Council for a minimum period of four years as provided under the Rules. As a member of t
