IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 21679 of 2011(H) -------------------------------- PETITIONERS: ---------------- 1. PUSHPAVALLI,AGED 42 YEARS, D/O.V.K.RAMAKRISHNAN,KUZHIVELIPARAMBIL, KUMARAKAM PO,KOTTAYAM. 2. KOCHUMOL.K.M,AGED 40 YEARS, W/O.DAVID,KALAPURATHARA HOUSE,CHENGALAM SOUTH PO, KOTTAYAM. 3. MANJU.M.K,AGED 34 YEARS, W/O.SUNILKUMAR,MANJU BHAVAN,KUMARAKAM PO, KOTTAYAM. 4. SMITHAMOL.E.M, AGED 32 YEARS, W/O.RAJEEV,MUNDUCHIRA,KUMARAKAM (N),KOTTAYAM. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------------ 1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR,PIN 680 654 REP. BY REGISTRAR. 2. ASSOCIATE DIRECTOR,REGIONAL AGRICULTURAL RESEARCH STATION, KERALA AGRICULTURAL UNIVERSITY, KUMARAKAM,PIN 686 563. BY ADV. SRI.K.P.MUJEEB, SC, KAU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21679/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF NOTIFICATION No.F3/590 DTD. 19.7.10. EXT. P2 : COPY OF REPRESENTATION DTD. 10.8.10 FILED BEFORE R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21679 OF 2011 --------------------------------------- Dated this the 3rd day of October, 2011. J U D G M E N T The petitioners herein are seeking for a direction to the University to finalise and issue the select list pursuant to Ext.P1 within a time frame. 2. All the petitioners are working as contract labourers in the Kumarakam Research Centre of the Kerala Agricultural University. They have been working as such from 2003 onwards and it is claimed that even prior to that they were working on daily wage basis. Pursuant to the decision taken by the University to frame a list of casual workers, Ext.P1 notification has been issued. The notification itself was under challenge before this Court in W.P.(C) No.37998/2010. After the judgment therein of this Court directing the University to reconsider the matter, they have reconsidered the prayer for age relaxation and granted age relaxation to the contract workers. 3. It is averred in the writ petition that pursuant to Ext.P1, W.P.(C) No.21679/2011 2 selection process was conducted and a list of selected persons to be included in the Casual Labour Roll (CLR) has already been prepared by the 1st respondent. In spite of the lapse of more than one year, no further actions have been taken in the matter, is the complaint raised herein. 4. As directed by this Court, a statement has been filed by the respondents. It is averred therein that the Kerala Agricultural University has already completed the selection of casual labourers in 12 station/centres including RARS, Kumarakom and the select lists have been finalised. Now the sealed covers containing the select lists are kept under the safe custody of the Registrar. 5. It is pointed out that this Court in the judgment in W.P.(C) No.16914/2003 considered the appointment of casual labourers from the existing rank list prepared in 2001 of Aromatic Medicinal Plants & Research Station, Odakkali and a direction has been issued to the University that no temporary/permanent labourers shall be engaged by the University in any of its Research Stations or Farms without first offering employment to W.P.(C) No.21679/2011 3 the persons included in the rank lists published in the year 2001. It is pointed out that a review petition even though filed from the judgment the same was dismissed and the University has filed an appeal thereafter which is pending as Writ Appeal No.1115/2011. Accordingly, the stand taken is that the appointment from the select lists of other stations has been deferred in the light of the pendency of the Writ Appeal. What is projected as the reason in the statement not to publish the lists is the direction issued in the judgment in W.P.(C) No.16914/2003. 6. Learned Senior Counsel for the petitioners submitted that the direction therein cannot be understood as one preventing the University from publishing the select list. It is further pointed out that the petitioners are not seeking any appointment as of now as they have already been working as contract labourers. 7. In the operative portion of the judgment in W.P.(C) No. 16914/2003, the following direction has been issued: “.....In the above circumstances, the writ petition is disposed of with a direction that no temporary/permanent labourers shall be engaged by the University in any of its Research Stations or Farms without first offering employment to the persons included in Exts.P5 & P6”. W.P.(C) No.21679/2011 4 8. Evidently, the challenge against the same is pending in the Writ Appeal. Presently, we are concerned only with the request for publishing the select list, for which I am of the view that, the judgment never stands in the way of publication of such a list. What is restrained by the judgment is engagement of temporary or permanent labourers by the University in any of its Research Stations or Farms without first offering employment to the persons included in Exts.P5 & P6. In that view of the matter, there will be a direction to the University to publish the select list prepared pursuant to Ext.P1 notification and the selection made thereafter. The same will be subject to the orders to be passed in Writ Appeal No.1115/2011. The publication as above will be done within a period of two months after completing the required procedures. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp