IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 17755 of 2010(T) ---------------------------------------- PETITIONER(S): ------------------------ 1. SURENDRAN K.V., KARIKKANTHARA HOUSE, MADAKKATHARA P.O. 2. SHILAJA U.S., KUTTAMTHADATHIL HOUSE, VELLANIKKARA P.O., PANDIPPARAMBATH. 3. RAGINI E.G., KAIPPULLY HOUSE, VELLANIKKARA P.O. 4. SUNITHA M.P., CHORATTIL HOUSE, VELLANIKKARA P.O., CHIRAKKAKODE. 5. GEETHAKUMARI M.S., MOOTHEDATHUPARAMBIL HOUSE, MADAKKATHARA P.O. 6. JAYANTHI C.S., OZHICHIRAYIL HOUSE, VELLANIKKARA P.O. 7. ANITHA N.K., KUTTIKKATTU PARAMBIL HOUSE, VELLANIKKARA P.O. 8. ANITHA P.S., PATTATH HOUSE, MADAKKATHARA P.O. 9. GEETHA M., OORETH HOUSE, VELLANIKKARA P.O., PANDIPPARAMBU. 10. SATHI O.V., PANICKAPARAMBIL HOUSE, VELLANIKKARA P.O. 11. SOBHANA P.B., THONIKKARA HOUSE, VELLANIKKARA P.O. 12. RADHAMANI P.D., KARIMBOLIL HOUSE, KAU ESTATE QUARTERS, KAU, VELLANIKKARA. WP(C).No. 17755 of 2010(T) 13. RATNAVALLI SURENDRAN, KARIKKANTHARA HOUSE, MADAKKATHARA P.O. 14. USHA ASOKAN, KUNDOLI HOUSE, VELLANIKKARA P.O., CHIRAKKAKODE. 15. KOMALAM P.K., VADAKKETHARA HOUSE, VELLANIKKARA P.O. 16. ASWATHY CHANDRAN, KADIKKANTHARA HOUSE, MADAKKATHARA P.O. 17. VALSALAKUMARI M.S., MOOTHEDATH PARAMBIL, MADAKKATHARA P.O. 18. RADHAMANI V.V., VELUTHATH HOUSE, MADAKKATHARA P.O. 19. USHA RAVI, PADATH PARAMBIL HOUSE, VELLANIKKARA P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR, REP. BY ITS REGISTRAR. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA. 3. THE ASSOCIATE PROFESSOR AND HEAD, CASHEW RESEARCH STATION, MADAKKATHARA. 4. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. *ADDL. RESPONDENTS 5 TO 9 IMPLEADED ADDL. R5: RANJITH, SON OF GANGADHARAN, KARIYANGATTIL HOUSE, P.O. VELLANIKKARA, CHIRAKKACODE-680 654. ADDL. R6: SUDHEER K.H., SON OF K.K. HYDROSE, KARIPPANKULAM HOUSE, P.O. PATTIKKADU, ARAMKATTU, PIN-680 652. WP(C).No. 17755 of 2010(T) ADDL. R7: ANEESH V.P., SON OF PRAKASHAN, VADASSERY HOUSE, PATTIKKADU P.O., KANIYAMKUZHY, PIN-680 652. ADDL. R8: GOPAKUMAR P.R., SON OF RAMANEZHUTHASSAN, PARAKKAL HOUSE, MADAKKATHARA P.O., PIN-680 651. ADDL. R9: SHYJU K.C., SON OF CHANDRAN, KARIMBURALAPPIL HOUSE, VELLANIKKARA P.O., CHIRAKKAKODE, PIN-680 654. * ARE IMPLEADED AS ADDL. RESPONDENTS 5 TO 9 AS PER ORDER DATED 26/07/2010 IN I.A.8796/2010. R1 TO R4 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI. UNIVERCITY. ADDL R5 TO R9 BY ADV. SRI.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, ALONG WITH WPC NO. 19402 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17755 of 2010(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION SENT BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 15/07/2009. EXT.P2: COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 28/04/2004. EXT.P3: COPY OF THE REPRESENTATION SENT BY THE PETITIONERS BEFORE THE VICE CHANCELLOR DATED 31/05/2010. EXT.P4: COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 04/06/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. K.T.SANKARAN, J. ------------------------------------------ W.P.(C).Nos.17755,19402,23197 & 24387 of 2010 ------------------------------------------ Dated this the 6 th 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 cms