IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 27983 of 2008(F) ------------------------------------- PETITIONER(S): ---------------------- 1. T.K.SASI, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 2. P.K.VASU, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 3. A.K.KALADHARAN, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 4. P.K.SALIMON, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 5. K.H.SIYAD, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 6. K.C.ANIL KUMAR, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 7. T.R.GEORGEKUTTY, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 8. V.T.SANTHOSH KUMAR, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 9. K.G.BOSE, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 10. P.K.PRADEEPAN, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 11. G.P.LALUMON, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. WP(C).No. 27983 of 2008-F 12. T.J.JOHN, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 13. K.K.VINOD, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 14. ABDUL OFFOOR, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 15. V.U.THAMPY, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 16. A.S.SHAJIMON, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 17. K.K.PRABHA, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 18. VIDHU BOSE, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. 19. K.T.REJIMON, CASUAL WORKER, KUMARAKOM AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. BY ADV. SRI.VAKKOM N.VIJAYAN SMT.V.RENJU SMT.M.A.RAMITHA RESPONDENT(S): ------------------------ 1. THE KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR, REPRESENTED BY THE REGISTRAR. 2. THE ASSOCIATE DIRECTOR, REGIONAL AGRICULTURAL RESEARCH STATION, KUMARAKOM, KOTTAYAM. ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27983 of 2008-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.GA/F2/49088/88(iii) DATED 01/11/1997. EXT.P2: COPY OF THE JUDGMENT DATED 22/11/2006 IN OP NO.20291 OF 1997 OF THIS HONOURABLE COURT. EXT.P3: COPY OF THE JUDGMENT DATED 11/04/2008 IN W.P.(C). NO. 12715/2008(L) OF THIS HONOURABLE COURT. EXT.P4: COPY OF THE ORDER NO.G.A./F2/9332/2008 DATED 11/08/2008 OF THE 1ST RESPONDENT. EXT.P5: COPY OF THE ORDER NO.GA/F2/9332/2008 (ii) DATED 11/08/2008. EXT.P6: COPY OF THE ORDER DATED 16/08/2008 ISSUED BY THE PROFESSOR AND HEAD OF CRS, BALARAMAPURAM. EXT.P7: COPY OF THE REPRESENTATION DATED 03/09/08 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.27983/2008 ----------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Petitioners were appointed as casual workers under the 2nd respondent. It is stated that, much later to their appointment, the first respondent accepted the report of the Justice Bhaskaran Nambiar Commission and cancelled the similar appointments made in all the centres of the first respondent University. This includes the centres at Kumarakam and Balaramapuram. 2. The cancellation of appointments was challenged by the petitioners and a writ petition filed before this court ended in its dismissal. However, in so far as the employees at Balaramapuram are concerned, when the Original Petition came up for consideration before a Division Bench, in view of the stand taken by the University that they did WP(c).No.27983/08 2 not wish to purse the decision to cancell the appointment, this court held in Ext.P2 judgment that the petitioners therein are not liable to be displaced and are entitled to continue. It is stated that, in view of Ext.P2, they have been regularized and are continuing in service. 3. Coming to know of Ext.P2 judgment and the benefits that were granted in pursuance there of, petitioners submitted an I.A for re-opening the judgment dismissing the writ petition filed by them and claimed similar treatment. However, the I.A was dismissed but however giving liberty to the petitioners to move the University. It is stated that, accordingly, they submitted a representation on 11.4.2008. As the representation was not considered, they approached this court and filed a writ petition as W.P(c). No.12715/08 which was disposed of by Ext.P3 judgment directing consideration of their representation. 4. Accordingly, the matter was reconsidered and Ext.P5 order was issued, rejecting the benefit sought for by the WP(c).No.27983/08 3 petitioners. There upon they pursued the matter by filing Ext.P7 which did not evoke any response. It is thereafter that the petitioners have filed this writ petition praying that they be declared as permanent workers and for directing the 2nd respondent to consider Ext.P2 for granting benefit on a par with the casual employees of Balaramapuram unit. 5. Evidently, the petitioners were causal labourers and do not have any vested right for employment under the first respondent. But however, according to the petitioners, the employees of Balaramapuram centre, who had secured Ext.P2 judgment which was implemented by Ext.P4, were similarly situated. It is stated that without any justification, petitioners have been discriminated and are not given the benefit that has been conferred on the employees in Balaramapuram centre. This certainly is a matter for the first respondent to consider. 6. Now that, according to the petitioners, the employees of the Balaramapuram centre are similar in all WP(c).No.27983/08 4 respects and that they have been granted the benefit of regularization by Ext.P8, pursuant to Ext.P2 judgment of the Division Bench, I direct the first respondent to consider the claim of the petitioners in the light of the aforesaid orders and pass appropriate orders thereon. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.27983/08 5