IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 24269 of 2011(G) -------------------------- PETITIONER: --------------- PALANISWAMY.S.,AGED 32 YARS, S/O.SUBRAMONIAN, DRIVER, AHADS, AGALI P.O., PALAKKAD DISTRICT. RESIDING AT ANU VIHAR, CHORIYANNUR, KOTTATHARA P.O., AGALI, PALAKKAD DISTRICT-678 581. BY ADV. MR. K.MADHUSOODHANAN NAIR MR. K.K.SETHUKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY & CHAIRMAN (AHADS), LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 395 001 2. PROJECT DIRECTOR, ATTAPPADY HILLS AREA DEVELOPMENT SOCIETY(AHADS) AGALI P.O., PALAKKAD DISTRICT, PIN-678 581. 3. PRINCIPAL SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. BY GOVERNMENT PLEADER MR. E.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, ALONG WITH WPC NO. 24356 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) 24269 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 PHOTOCOPY OF THE APPOINTMENT ORDER NO.A/E-321/97 DATED 25.3.1998. EXT.P1(a) PHOTOCOPY OF THE AGREEMENT EXECUTED ON 1.4.1999. EXT.P2 PHOTOCOPY OF THE PROCEEDINGS NO.AE-760/98 DATED \ 8.8.2011 OF THE 2ND RESPONDENT. EXT.P2(a) PHOTOCOPY OF THE AGREEMENT EXECUTED ON 11.8.2011. EXT.P3 PHOTOCOPY OF THE MEMORANDUM SUBMITTED TO CHIEF MINISTER, CHIEF SECRETARY, PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA ON 7.10.2009. EXT.P3(a) PHOTOCOPY OF THE MEMORANDUM SUBMITTED TO CHIEF MINISTER, CHIEF SECRETARY, PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA ON 12.7.2011. EXT.P4 PHOTOCOPY OF THE REPORT & REQUEST OF THE 2ND RESPONDENT SUBMITTED TO 1ST RESPONDENT REGARDING THE REHABILITATION OF TRIBAL EMPLOYEES. EXT.P5 PHOTOCOPY OF THE REPORT AND STATEMENT OF STATE PUBLIC INFORMATION OFFICER ABOUT THE UNFILLED VACANCIES OF TRIBES AS ON 30.6.2010. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) Nos. 24269 & 24356 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of November, 2011 JUDGMENT The issue involved in both these cases is rather similar, particularly as to the fate of the petitioners, who are stated as the employees engaged by the second respondent under a project - Attappadi Hills Area Development Society (AHADS), on winding up the project, when the mission is accomplished. 2. The petitioner is W.P(C) No. 24269 of 2011 was an employee of AHADS, engaged as driver (LDV) for more than a decade. The petitioners in the other case were also employed as Peon/Watchman, having similar service of nearly a decade. The decision taken by the respondents to have the project wound up and closed by 30.09.2011, adversely affected the employment of the petitioners. It is stated that the petitioners in both the cases are members belonging to the Scheduled Tribe and as per information furnished by the State Public Information Officer (vide Ext. P5 in W.P(C) No. 24269 of 2011), 1156 vacancies are reserved of S.T. in various cadres, out of which nearly 310 vacancies are in the 'Last grade' and about 581 vacancies are in the 'Non-gazetted' cadre. Highlighting the plight of the 'adivasis' like the petitioners, alternative rehabilitation steps (on closure of AHADS W.P. (C) No. 24269 & 24356 of 2011 : 2 : Project) have been recommended by the second respondent vide Ext. P4 and the matter is pending consideration before the first respondent. The learned counsel for the petitioners submits that the petitioners will be satisfied, if a direction is given to the first respondent to pursue the matter accordingly and take a final decision on Ext. P4. 2. Heard the learned Government Pleader as well. In the above circumstances, the first respondent is directed to consider the matter and pass appropriate orders on Ext. P4 recommendation given by the second respondent, in accordance with law. The proceedings as above shall be finalized, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Both the Writ Petitions are disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd