IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 23140 of 2010(N) PETITIONERS: 1. SHAJAHAN,AGED 25 YEARS,S/O.SALIM, VEMBAYNAD HOUSE,PO MANNUTHY,THRISSUR. 2. SUSHAMA.C.K,AGED 40 YEARS, D/O.KOCHU CHERINGORAN,'CHEMBIL HOUSE', PO PERINJANAM WEST, THRISSUR. 3. SOBHA SUNIL,AGED 35 YEARS,W/O.LATE SUNIL, OTTALI HOUSE , PO VELLANIKARA, CHEREKKEKODE, THRISSUR. 4. SONY SUNNY, AGED 32 YEARS, W/O.SUNNY,KALIATH PARAMBIL HOUSE, PO KOOTAKA, THRISSUR. 5. OMANA,AGED 40,W/O. KANNAN, PULIKAPARAMBIL HOUSE, KAINOOR,THRISSUR. 6. SUHARA.V.M, AGED 42 YEARS, W/O.SALIM, VEMBAYANAD HOUSE, PO MANNUTHY, THRISSUR. 7. MANJU.P.V @ VALSALA.P.V, AGED 38 YEARS, W/O.RAVINDRAN,VALLIYAVEETIL HOUSE, PO MANNUTHY. BY ADV. SRI.RAJIT AND SRI.RANJIT BABU RESPONDENTS: 1. THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY,REPRESENTED BY THE VICE CLANCELLOR, K.A.U.POST, VELLANIKARA-680 693. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA,THRISSUR-680 693. 3. CENTRE FOR PLANT BIO TECHNOLOGY AND MOLECULAR BIOLOGY, IT-BT COMPLEX, COLLEGE OF HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR,REPRESENTED BY THE HEAD OF THE DEPARTMENT-680 693. STANDING COUNSEL FOR AGRICULTURAL UNIVERSITY SRI.K.P.MUJEEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 23140 OF 2010 ------------------------------------------------------ Dated this the 30th day of August, 2010 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “a) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the respondents to employ the petitioners as casual workers, as recommended in Ext.P8. b) Issue a Writ of Mandamus or appropriate Writs directions or orders commanding the 2nd respondent to consider and pass orders on Ext.P9 representation in accordance with law. c) Grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice.” 2. It is stated that the petitioners were working in the Center for Plant Bio Technology and Molecular Biology, College of Horticulture, Kerala Agricultural University, Thrissur, as daily labourers since 2006. It is also stated that the petitioners were W.P.(C) NO.23140 OF 2010 :: 2 :: employed under various projects carried out by the third respondent. As per Ext.P8 decision taken in the meeting of the State Farm Council on 25.10.2008, certain recommendations were made for absorbing the daily waged workers. The grievance of the petitioners is that contrary to Ext.P8 decision, the respondents have decided to fill up the vacancies of casual workers by employing persons who are trained in the ABARD project. It is stated that even if such persons are to be employed, still there would be vacancies which could be filled up by employing casual workers. Pointing out the grievance, Ext.P9 representation was submitted by the petitioners to the Registrar of the Kerala Agricultural University. 3. The limited relief which is claimed now in the Writ Petition is for a direction to the second respondent to consider and dispose of Ext.P9 representation. In the facts and circumstances of the case, the Writ Petition is disposed of directing the second respondent, the Registrar, Kerala Agricultural University, to consider and dispose of Ext.P9 representation submitted by the petitioners. It is made clear that the question whether the petitioners have any right is not decided in this W.P.(C) NO.23140 OF 2010 :: 3 :: Writ Petition. The Registrar shall take a final decision in the matter before filling up the vacancies. (K.T.SANKARAN) Judge ahz/