V. Vishnu Savanth vs State Of Kerala And Ors

The petitioner is holding B.V.Sc., M.V.Sc. and Ph.D. in Livestock Production Management. The petitioner is seeking issuance of Non Creamy

layer Certificate for the purpose of appointment as Assistant Professor pursuant to Ext.P1 notification, in Kerala Veterinary and Animal Sciences

University. Non creamy layer certificate has been denied to the petitioner on the ground that his father was initially appointed in Group B Cadre which

dis-entitle the petitioner to get Non Creamy layer Certificate.

Ext.P3 order dated 17.06.1976 would show that petitioner's father was appointed as Veterinary Surgeon in the pay scale of `445-835 in Indo Swiss

Project, Mattupatti under Rule 9(a)(1) of the Kerala State and Subordinate Services Rules. His services were retrospectively regularised with effect

from 01.03.1976. Thereafter he joined the Kerala Agricultural University as Junior Assistant Professor in the pay scale of `510-995.

The learned Government Pleader would justify the refusal to issue Non Creamy layer Certificate on the ground that the Entry Cadre of Junior

Assistant Professor in Kerala Agricultural University will fall under Group B. The appointment of the petitioner in Indo Swiss Project cannot be taken

into consideration for the purpose of issuance of Non Creamy layer Certificate. The appointment of the petitioner's father in the Indo Swiss Project

was as temporary employment, project employment for a limited period. Therefore appointment of the father of the petitioner in the Project cannot be

considered at all for the purpose of Non Creamy layer Certificate.

The learned Government Pleader would further submit that the petitioner did not disclose the earlier service of the petitioner's father in the Indo

Swiss Project, to the concerned authorities for the purpose of getting Non Creamy layer Certificate. In the circumstances, the stand taken by the

respondents in refusing to issue Non Creamy layer Certificate cannot be found fault with and the writ petition is liable to be dismissed. In the event of

this Court findings that appointment of petitioner's father under Ext.P3 is to be considered, competent among the respondents may be directed to

reconsider the issue, contended the learned Government Pleader.

I have heard the learned counsel for the petitioner and the learned Government Pleader.

Appointment of the father of the petitioner in Indo Swiss Project, Mattupatty is evident from Ext.P3. There is no serious dispute that the said Indo

Swiss Project was under Government Collaboration and the appointment of the petitioner's father was made under Rule 9(a)(1) of the Kerala State

and Subordinate Services Rules. The said Project was later brought under the Kerala Livestock Development and Milk Marketing Board Ltd. The

contention of the respondents is that such appointment cannot be considered for the purpose of deciding the Entry Cadre for the purpose of issuance

of Non Creamy layer Certificate.

Ext.P7 extract produced by the petitioner from the Revenue Guide, 2019 would show that the Rules and Regulations framed by the respondents for

the purpose of issuance of Non Creamy layer Certificate would apply to all Public Sector Undertakings, Banks, Insurance Companies, Universities

etc.

Ext.P11 G.O. dated 14.06.2010 issued by the SC/ST Development Department relating to reservation of OBCs in appointment to the services and

posts under the Government of Kerala and issuance of Non Creamy layer Certificate, would show that if the father of the applicant is directly

recruited in Class III/Group C or Class IV/Group D employee and he gets into Class I/Group A at the age of 35 or earlier, his sons and daughters shall

not be treated to be falling in creamy layer. Clause 8 of Ext.P11 reads as follows:

“8. The sons and daughters of parents of whom only the father is a directly recruited Class II/Group B officer who gets into Class I/Group A at the

age of 35 or earlier are treated to be in creamy layer. If the father is directly recruited Class III/Group C or Class IV/Group D employee and he gets

into Class I/Group A at the age of 35 or earlier, his sons and daughters shall not be treated to be falling in creamy layer.â€​

The terms used in Ext.P11 G.O. is “gets into Class I/Group Aâ€. Therefore the appointment into a higher Class/Group need not be by promotion

or deputation. In the case of the petitioner, the petitioner's father was appointed in Indo Swiss Project, which is a Government Project. It is evident

from Ext.P12 that the said project was subsequently brought under Kerala Livestock Development and Milk Marketing Board Ltd. which is a

Government of Kerala undertaking.

The facts as evident from the pleadings and arguments would therefore amply show that the Entry Cadre of petitioner's father was neither Group

A or Group B. His Entry Cadre is to be taken as Veterinary Surgeon in the pay scale of `445-835. The said Cadre would not fall under either Class

I/Group A or Class II/Group B. Therefore denial of Non Creamy layer Certificate to the petitioner on that ground cannot stand the scrutiny of law.

In the circumstances, the writ petition is disposed of holding that the petitioner's claim for Non Creamy layer Certificate cannot be declined on the

basis of Entry Cadre of petitioner's father. In the circumstances, the Non Creamy layer Certificate issued pursuant to the interim order of this Court

should be treated as final. All consequences will follow.