Kerala High Court Quashes Extension Given To KILA Director General, Directs For Charge To Be Given To Competent Officer Till Fresh Appointment

The petitioner alleged that earlier senior IAS officers or Professors with PhD from reputed institutions were appointed as Director General of KILA. However, now the State Government is appointing politically committed persons.

Joy Elamon was appointed as Director and later re-designated as Director General on 19.05.2017 for 3 years. It was extended for a period of 2 years from 19.05.2020 and then a further extension of 1 year was given. His term expired on 18.05.2023. He attained 60 years on 04.07.2023. On 15.05.2023, the Government extended his term to such period till a new Director General is appointed. Petitioner pleaded that this is contrary to the Memorandum of Association which clearly states that a Director General recruited other than from State Government service can continue in post only till he attains 60 years.

The Government pleaded that a Human Resource Policy of KILA is pending approval before the Government. The steps to appoint a new Director General are going on.

The Court said that Joy Elamon continuing in the post after he attained 60 years is illegal and improper as it is against the Memorandum of Association.

Justice Basant Balaji observed: “The Memorandum of Association of a registered society is a charter of the company. The Governing Council approved the said Memorandum on 16.01.2018, so all appointments and the functioning of the society shall be in tune with the memorandum of Association. Clause 43 states explicitly that the Director General recruited from the open market can be allowed until he has attained the age of 60 years, and reappointment is permitted subject to age restriction.”

The Court declared that the continuation of Joy Elamon after 05.07.2023 was illegal. The Government was ordered to take immediate steps to appoint a qualified person. Till such time, any competent officer can be given the additional charge of Director General.

Counsel for Petitioner: Advocates Abraham P. George, M. Rajendran Nair, M. Santhy

Counsel for Respondents: Senior Government Pleader Mary Beena Joseph, Adv. V. A. Muhammed

Case No: WP(C) 37185/ 2023

Case Title: Remya Haridas v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 437