High Court Kerala High Court

Surendran K.V vs Kerala Agricultural University on 6 October, 2010

Kerala High Court
Surendran K.V vs Kerala Agricultural University on 6 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17755 of 2010(T)


1. SURENDRAN K.V.,
                      ...  Petitioner
2. SHILAJA U.S.,
3. RAGINI E.G.,
4. SUNITHA M.P.,
5. GEETHAKUMARI M.S.,
6. JAYANTHI C.S.,
7. ANITHA N.K.,
8. ANITHA P.S.,
9. GEETHA M.,
10. SATHI O.V.,
11. SOBHANA P.B.,
12. RADHAMANI P.D.,
13. RATNAVALLI SURENDRAN,
14. USHA ASOKAN,
15. KOMALAM P.K.,
16. ASWATHY CHANDRAN,
17. VALSALAKUMARI M.S.,
18. RADHAMANI V.V.,
19. USHA RAVI,

                        Vs



1. KERALA AGRICULTURAL UNIVERSITY,
                       ...       Respondent

2. THE REGISTRAR,

3. THE ASSOCIATE PROFESSOR AND HEAD,

4. THE VICE CHANCELLOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.T.RAMPRASAD UNNI

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/10/2010

 O R D E R
                 K.T.SANKARAN, J.
    ------------------------------------------
   W.P.(C).Nos.17755,19402,23197 & 24387 of 2010
    ------------------------------------------
                      th
      Dated this the 6  day of October, 2010

                     JUDGMENT

Since these Writ Petitions are similar in

nature, the Writ Petitions are disposed of by a

common judgment.

The petitioners in W.P.(C) No.24387 of 2010

state that they are working as trainees under the

Entrepreneurship training under a project called

“Agro Biotechnology Agency for Rural Employment

Development” (ABARD). The project was being

implemented with the help of three local

panchayaths in and around the Campus of Kerala

Agricultural University at Mannuthy, Thrissur

District. It is stated that about 150 trainees

were selected from the three panchayath areas and

they were given training for six months. As per

Ext.P2 order dated 28.4.2006 passed by the

Executive Committee of Kerala Agricultural

University, a Sub Committee was constituted to

W.P.(C).Nos.17755,19402,
23197 & 24387 of 2010 2

study the feasibility of absorption of ABARD

trainees as casual labourers in the Kerala

Agricultural University. The decision taken by the

Sub Committee is produced as Ext.P3. Clause (1) in

Ext.P3 reads as follows:

“After detailed deliberations the following
decisions were taken .

1) All the 60 ABARD Trainees may be enrolled as
Casual labourers in a phased manner at
Mannuthy Campus and Pooled at University
Livestock Farm & Fodder Research Development
Schme, Mannuthy.”

2. The grievance of the petitioners is that

they were not absorbed.

3. The reliefs prayed for by the petitioners in

the Writ Petition are the following:

“i) To issue a Writ of Mandamus directing the
respondents to implement Exhibit P3 and
enroll the petitioners as Casual labourers
under the 1st respondent University.

ii) To issue a Writ of Mandamus directing the
respondents to consider and pass orders on

W.P.(C).Nos.17755,19402,
23197 & 24387 of 2010 3

Exhibits P4 and P5 representations within a
reasonable time limit as this Hon’ble Court
may be pleased to fix.

iii) To issue such other writs, orders or
directions as this Hon’ble Court may deem
fit and proper in the circumstances of the
case.”

4. It is submitted by the learned counsel for

the petitioners that for the time being, the

petitioners confine their relief to relief No.(ii),

reserving their right to pursue the other reliefs

at the appropriate stage.

5. The petitioners in WP(C) No.23197/2010 and

17755 of 2010 are daily rated workers at Cashew

Research Station, Madakkathara of the first

respondent University. They state that they have

been working as daily rated workers since 1999 and

they have crossed the age for seeking employment

elsewhere. It is also stated that the petitioners

were performing the duties of regular employees.

They have got the necessary skill and training for

W.P.(C).Nos.17755,19402,
23197 & 24387 of 2010 4

undertaking the work necessary for the Cashew

Research Station or other centres of the

University. The grievance put forward by the

petitioners in these two Writ Petitions is that

ignoring the fact that the petitioners were

employed for long as daily rated workers, the

University took steps to appoint casual labourers

from among the persons who were trained by ABARD.

The petitioners in these two Writ Petitions also

claimed similar status as ABARD trainees. They

submitted Ext.P3 representation to the Vice

Chancellor of the University requesting to appoint

them as casual labourers along with the ABARD

trainees. The representations submitted by the

petitioners in these two Writ Petitions are

pending.

6. In Writ Petition 19402/2010, the first

petitioner is Kerala Agricultural University Labour

Association, Pookkode and the second petitioner is

W.P.(C).Nos.17755,19402,
23197 & 24387 of 2010 5

the daily wage worker in the Instructional Farm,

Pookode, run by the Kerala Agricultural University.

The grievance of the petitioners in WP(c)

No.19402/2010 is that though the persons like the

second petitioner were employed as daily rated

workers for quite long time, they were not absorbed

in service by the University. Instead, the

University decided to recruit fresh casual

labourers. The first petitioner in WP(C) No.19402

of 2010 submitted Ext.P3 representation dated

14.6.2010 before the Vice Chancellor and Registrar

of the University. Ext.P3 is pending disposal.

7. The petitioners in the aforesaid Writ

Petitions submitted that for the time being, it is

sufficient, if the Vice Chancellor of the

University and if necessary, the Registrar of the

University are directed to consider the

aforementioned representations submitted by the

respective petitioners.

W.P.(C).Nos.17755,19402,
23197 & 24387 of 2010 6

In the facts and circumstances of the case, the

Writ Petitions are disposed of directing the Vice

Chancellor of the University or if necessary by the

Registrar of the University to consider and dispose

of the representations submitted by the

petitioners, after affording the representatives of

the petitioners an opportunity for personal

hearing. A decision shall be taken on the

representations as expeditiously as possible and at

any rate within a period of three months from the

date of receipt of a copy of the judgment.

Writ Petitions are disposed of as above.

It is made clear that I have not considered

the claims put forward by the petitioners on the

merits.

K.T.SANKARAN,
JUDGE
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