IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 5186 of 2009(P) ------------------------- PETITIONERS: 1. T.K.SASI, NIKATHIL, UDAYAMPEROOR. 2. GIRIJA P.R., PANICKASSERY, NEDUNGAD. 3. SHEELA M.G., MUNDAMACKAL, SOUTH VAZHAKULAM. 4. SAKUNTHALA C.K., SANKARADITHARA, CHERAYIL. 5. VASANTHY K.D., KAROLIL, PALLIPPURAM. 6. RADHAMANI M.K., MOHANA MANDIRAM, PALAKUZHA. 7. DEVAKI E.M. ELAVANAKANDAM, MANEED P.O., PIRAVOM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURE OFFICER, KAKKANAD, ERNAKULAM. 4. FARM SUPERINTENDENT, DISTRICT AGRICULTURAL FARM, NERYAMANGALAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 5186 of 2009 -------------------------- Dated this the 12th March,2009 J U D G M E N T Petitioners are casual labourers in the District Agricultural Farm, Neryamangalam. Appointment of casual labourers in the Agricultural Department is governed by Exhibit-P1 Government Order. They were appointed as per Exhibit-P2 proceedings issued by the 4th respondent. They started performing of their duties in the first week of May, 1999. The Department had been granting permanency to casual labourers who had completed 240 days of work in the preceding 12 months subject to availability of vacancy and physical fitness. By Exhibit-P3 Government order stipulations regarding the completion of 240 days was taken away. According to the new procedure, workers could be appointed based on the seniority after counting the total number of days they have worked. 2. Apprehending termination from service, the W.P ( C) No. 5186 of 2009 2 petitioners had filed O.P.No.26802 of 1999. It was partly allowed holding that Ext.P2 appointment did not envisage limiting of petitioner's tenure to 179 days and there was a finding that petitioners are not entitled to regularisation. This was challenged in W.A No.3189 of 2000, wherein, the Division Bench held that seniority is a criteria to become permanent employee as provided in Exhibit-P3. It was further directed that if any permanent employees are appointed, it should be on the basis of seniority as mentioned in Exhibit-P3. 3. Petitioners have pointed out in the writ petition that as on 1/1/1995 the sanctioned strength of male and female labourers in Neryamangalam Farm is 45 and 82 respectively. Now the total strength of permanent workers is 20. According to the petitioners, they have filed Exhibit-P5 representation seeking permanency as envisaged in Exhibits P3 and P4. Presently, they point out that by Exhibit-P6, the Government has passed an order whereby, the daily wage farm workers have been ordered to be appointed as casual workers. Permission has been W.P ( C) No. 5186 of 2009 3 granted to appoint them in the vacancies of permanent workers on a rotation basis. According to the petitioners the same will result in adverse consequences to them as the right available to them under the earlier Government Orders have not been considered while passing Exhibit-P6. 4. Exhibit-P5 representation filed by them is yet to be considered and orders have not been passed. Therefore the 1st respondent will consider the entire aspects in accordance with the Government Orders Exhibits P2 and P3 and Exhibit-P4 judgment passed by this Court and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. A representative of the petitioner will also be heard in the matter before a decision is taken. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 5186 of 2009 4 W.P ( C) No. 5186 of 2009 5