ROHITH PANICKER v. STATE OF KERALA

GP SRI. M. RAJEEV THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, ALONG WITH WP(C).19995/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 13532 & 19995 OF 2023 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 WP(C) NO. 19995 OF 2023 PETITIONER: ROHITH PANICKER AGED 51 YEARS MANAGER, CENTRE FOR DEVOLOPMENT OF IMAGING TECHNOLOGY (C-DIT), THIRUVALLOM P.O, THIRUVANANTHAPURAM DISTRICT, PIN – 695027. BY ADVS. MATHEWS K. NELLUVELY REJI MATHEW.M MATHEW VARGHESE SABU K. VARGHESE. RESPONDENTS: 1 2 3

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, ELECTRONICS & INFORMATION TECHNOLOGY DEPARTMENT SECRETARY TO GOVERNMENT, ELECTRONICS & INFORMATION TECHNOLOGY DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-, PIN – 695001. CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY (C-DIT C REPRESENTED BY ITS REGISTRAR, CHITRANJALI HILLS, THIRUVALLOM P.O. THIRUVANANTHAPURAM-, PIN – 695027. THE DIRECTOR CHITRANJALI HILLS, THIRUVALLOM P.O. THIRUVANANTHAPURAM, PIN – 695027 4 THE REGISTRAR WP(C) NOS. 13532 & 19995 OF 2023 6 CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY(C- DIT) CHITRANJALI HILLS, THIRUVALLOM P.O. THIRUVANANTHAPURAM-, PIN – 695027.. 5 GANAPATHY G. MANAGER, CENTRE FOR DEVOLOPMENT OF IMAGING TECHNOLOGY (C-DIT), THIRUVALLOM P.O, THIRUVANANTHAPURAM DISTRICT, PIN, PIN – 695027. BY ADV S.RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, ALONG WITH WP(C).13532/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 13532 & 19995 OF 2023 7 JUDGMENT (Dated this the 10th day of January, 2024) The petitioners were appointed as Technical Assistants in the 2nd respondent’s office. Since the issue in both the writ petitions are one and the same, both the writ petitions heard together and common judgment is passed.

2. The facts in W.P.(C) No. 13532 of 2023 are stated as follows:- The writ petition is challenging Ext.P5 order dated

04.04.2023 whereby the seniority list of the employees is published. The petitioners were appointed as Technical Assistants in C-DIT on contract/ temporary basis on

06.04.2001 by due process of selection. All the petitioners were appointed on 09.04.2001. The party respondents 5 WP(C) NOS. 13532 & 19995 OF 2023 8 to 16 were also appointed pursuant to the selection from

02.04.2002 to 08.10.2004.

3. Exts. P8 and P9 are orders passed by respondents on 08.09.2010 and 04.02.2021 whereby the persons, who were appointed on temporary basis were regularized. In Ext.P9 Clause (5) states that, when regularization is done, the seniority will be determined taking into consideration, the date on which they entered the service on temporary basis and if two persons having the same date of birth are appointed, the elder one shall be given seniority.

4. The learned counsel for the petitioner argues that this was not taken into consideration when Ext. P5 final seniority list was published. The seniority list was published taking into consideration the date of birth of the employees as on the date of regularization. Thus the WP(C) NOS. 13532 & 19995 OF 2023 9 petitioners who were appointed on temporary as Technical Assistants prior to respondents 5 to7 had got seniority over the petitioners taking into consideration of their age as the main criteria.

5. The respondent, through Ext.R4 (f) dated

18.11.2021, has written to the Principal Secretary of the Government of Kerala Electronics and Information Technology Department seeking clarification regarding the fixation of seniority of employees under regularization. This was followed by another letter dated 05.05.2023. The 7th petitioner also filed representation before the 1st respondent on 06.04.2023 stating that, the objection filed by the petitioner against the provisional seniority was not taken into consideration while passing Ext.P5 final seniority list and giving seniority to the party respondents who had joined service much later than the petitioners. It WP(C) NOS. 13532 & 19995 OF 2023 10 is also pointed out that similar representation were also filed by the other petitioners before the Government but no decision has been taken yet. The issue relates to the seniority to be fixed in case of regularization of temporary employees who have been appointed on different dates, but regularized on a single day is to be considered by the Government.

6. Therefore, the Writ Petition is disposed of, directing the 1st respondent to take up Ext.P7 and similar representation filed by the petitioners and also Exts.R4 (f) and (g) which are filed by the 2nd respondent before the Government and take a final decision after giving the petitioners an opportunity of hearing and also a representative of the party respondents who are affected by the fixation of seniority. The 2nd respondent shall also be heard while before passing orders. WP(C) NOS. 13532 & 19995 OF 2023 11

7. The learned counsel for the petitioner also submits that, the petitioners may be given an opportunity to represent through a lawyer to redress his grievance as the petitioners are only Technical Assistants who have no special knowledge in law. The competent authority who is hearing the petitioners may allow the said request. The entire extension shall be completed within a period of three months from the date of receipt of a copy of this judgment. Till such time, no promotions shall be effected on the basis of Ext.P5 The petitioners are free to produce a copy of the writ petition in all respects before the competent authority. Sd/- BASANT BALAJI JUDGE SRJ WP(C) NOS. 13532 & 19995 OF 2023 12 APPENDIX OF WP(C) 19995/2023 PETITIONER EXHIBITS ExhibitP1 COPY OF THE NOTIFICATION INVITING APPLICATION FOR PROJECT ASSOCIATE CONTAINED IN THE DESHABHIMANI DAILY DATED 24-09-1999 Exhibit P2 Exhibit P3 Exhibit P4 ExhibitP5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 COPY OF THE CALL LETTER DATED 06-01-2000 REQUIRING THE PETITIONER TO APPEAR FOR INTERVIEW COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE OF C-DIT DATED 14-01-2000, EVIDENCING THE RANK POSITION COPY OF THE PROCEEDINGS NO.C-DIT/01/PRO/2000/1322 DATED 01-02- 2000 SHOWING THE JOINING OF THE PETITIONER COPY OF THE G.O.(MS) NO.2/2011/I&PRD DATED 08-02-2011 - COPY OF PROCEEDINGS NO. 10/A1/ADMN/2011/C-DIT DATED 23-02-2011 ISSUED BY THE 4TH RESPONDENT COPY OF PROCEEDINGS/ORDER NO.103/A1/ADMN/C-DIT/2023 DATED 24-02- 2023 OF THE 4TH RESPONDENT WITH ITS ANNEXURE PROVISIONAL SENIORITY LIST(RELEVANT PAGES) COPY OF THE OBJECTION DATED 06-03-2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT COPY OF THE PROCEEDINGS/ ORDER NO. 222/A1/ADMN/C-DIT/2023 DATED 04-04-2023 WITH ITS ANNEXURE FINAL SENIORITY LIST(RELEVANT PAGES) Exhibit P10 Exhibit P11 COPY OF THE LETTER NO.C-DIT/ADM/24/2023- A1 DATED 04-04-2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER COPY OF THE REPRESENTATIONS DATED 02-05- WP(C) NOS. 13532 & 19995 OF 2023 13 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT COPY OF G.O. (MS) NO.6/2010/I&PRD DATED 08.09.2010 COPY OF THE G. O.(MS) 5/2021/ E&ITD DATED 04-02-2021 - COPY OF THE RELEVANT PORTION (RULE 2.18) OF THE C-DIT SERVICE RULES COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA, DATED 18-01-2016 IN WP(C) NO. 28256/2015 COPY OF THE JUDGMENT OF THE APEX COURT IN CIVIL APPEAL NO. 6026-6028/2021 DATED 28-09-2021 COPY OF THE INTERIM ORDER DATED 11-02- 2019 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.4054/2019 COPY OF THE INTERIM ORDER DATED 12-04- 2023 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) 13532/2023 RESPONDENT EXHIBITS Ext.R4(a) Ext.R4(b) Ext.R4(c) True copy of the Order, G.O.(Rt) No. 390/13/I and PRD dated 21-10-2013 issued by the Government. True copy of the Letter No. 22/A1/Admn/C-DIT/2021 dated 18-11-2021 issued by the C-DIT. True copy of the Letter No. 22/A1/Admn/C-DIT/2021 dated 5-5-2023 issued by the C-DIT. WP(C) NOS. 13532 & 19995 OF 2023 14 APPENDIX OF WP(C) 13532/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 COPY ORDER NO.C-DIT/01/PRO/FTA/2001/22 DATED 06-04- 2001 OF THE 4TH RESPONDENT. THE OF COPY OF THE G.O.(MS) NO.9/2015/I&PRD DATED 06-06-2015 WITH ANNEXURE. COPY OF THE PROVISIONAL SENIORITY LIST PUBLISHED AS PER PROCEEDINGS HAVING ORDER NO.103/A1/ADMN/C-DIT/2023 DATED 24-02-2023 ISSUED BY THE 4TH RESPONDENT ALONG WITH ANNEXURE. COPY OF THE OBJECTION DATED 10-03-2023 SUBMITTED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT. COPY OF THE FINAL SENIORITY LIST, PUBLISHED BY 4TH RESPONDENT AS PER THE PROCEEDINGS NO. 222/A1/ADMN/C-DIT/2023 DATED 04-04-2023 WITH ANNEXURE. HAVING ORDER COPY OF THE LETTER NO.C-DIT/ADM/24/2023- A1 DATED 04-04-2023 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER. COPY OF THE REPRESENTATIONS DATED 06-04- 2023 SUBMITTED BY THE 7TH PETITIONER TO THE 1ST RESPONDENT. COPY OF G.O. (MS) NO.6/2010/I&PRD DATED 08.09.2010. COPY OF THE GOVT. ORDER NO. GO(MS) 5/2021/ I.T.D DATED 04-02-2021. Exhibit P10 COPY OF THE RELEVANT PORTION (RULE 2.18) OF THE C-DIT SERVICE RULES. WP(C) NOS. 13532 & 19995 OF 2023 15 Exhibit P11 Exhibit P12 Exhibit P13 COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA, DATED 18-01-2016 IN WP(C) NO. 28256/2015. COPY OF THE JUDGMENT OF THE APEX COURT IN CIVIL APPEAL NO. 6026-6028/2021 DATED 28-09-2021. COPY OF THE INTERIM ORDER DATED 11-02- 2019 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.4054/2019. RESPONDENT EXHIBITS Ext.R4(a) Ext.R4(b) Ext.R4(b2) Et.R4(c) Ext.R4(d) Ext.R4(e) Ext.R4(f) True copy of the Letter No. ITC1/182/2017-E and IT dated 15-11-2017 issued by the Government. True copy of the Letter No. 13154/E1/12/Iand PR dated 26-5-2012 issued by the Director, Information and Public Relations Department. True copy of the Letter No. 27341/E1/13/I and PRD dated 16-11-2013 issued by the Information and Public Relations Dept. True copy of the Order, G.O.(Rt) No. 390/13/I and PRD dated 21-10-2013 issued by the Government. True copy of the Judgment dated 15-10- 2015 in W.P.(C) No. 30053/2013 of this Honourable Court. True copy of the Order dated 17-2-2016 in R.P. No. 1148/2015 in WPC No. 30053/2013 of this Honourable Court. True copy of the Letter No. 22/A1/Admn/C-DIT/2021 dated 18-11-2021 issued by the C-DIT. Ext.R4(g) True copy of the Letter No. WP(C) NOS. 13532 & 19995 OF 2023 16 22/A1/Admn/C-DIT/2021 dated 5-5-2023 issued by the C-DIT.