IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16825 of 2008(C) -------------------------- PETITIONERS ----------------------- 1. CHANDRALEKHA.S, RESMI BHAVAN, IRINCHAL, KIZHAKKUMKARA, ARYANAD.P.O, TRIVANDRUM DT. 2. CHRISTAL LEELA, VARUVILAKATHU VEEDU, KATHIRIKONAM, MITHRANIKETHAN.P.O, TRIVANDRUM. 3. SATHEESH.C, LEKHA BHAVAN, PUNALAL, PUNALAL.P.O, TRIVANDRUM. 4. AJITHKUMAR.T.V, THANCHOOR VEEDU, OZHUKUPARA, VATTAPARA.P.O, TRIVANDRUM. 5. SHAJEELA.J, AMBALAMVILA VEEDU, TENTHLINE STONE, ARASUPARAMBU, NEDUMANGADU, TRIVANDRUM DT. BY ADV. SRI.D.KISHORE SMT.MEERA GOPINATH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, AGRICULTURE (A.H) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, VIKAS BHAVAN, TRIVANDRUM. 3. DISTRICT ANIMAL HUSBANDRY OFFICER, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16825 of 2008 -------------------------- Dated this the 5th June, 2008 J U D G M E N T The petitioners are certificate holders in Artificial Insemination and Dairy Management. They have become jobless consequent on the banning of Artificial Insemination in the private sector. Those persons, who have been technically trained in that discipline, approached the Government. Taking an indulgent view, the Government originally decided as per Ext.P3 to engage the persons, who were technically qualified but became jobless pursuant to the circular dated 6.2.1999, in relaxation of the Rule, by recruitment through the Employment Exchange, as part-time contingent workers on daily wages basis. Subsequently, Special Rules were amended as per Ext.P4. In the explanatory note to Ext.P4, it is stated as follows: “As per G.O.(MS)No.52/2000/AD dated 19-2-2000, Government have appointed 209 trained Artificial Inseminators including W.P ( C) No.16825 of 2008 2 160 Scheduled Caste/Scheduled Tribes and 49 others as Part-time Contingent employees on daily wages in Animal Husbandry Department. Government have now decided to appoint those personnel who have undergone training in Artificial Insemination with a minimum experience of one year in the Animal Husbandry Department, following the principal of communal reservation and rotation. It has also been decided that till all the above persons are absorbed, appointment to the Part-time Contingent posts through Employment Exchange shall be dispensed with in the Animal Husbandry Department. The Special Rules for the Kerala Part-time Contingent Service have to be amended to implement the above decision of the Government.” 2. Petitioners submit that several persons, who became unemployed on implementation of the circular dated 6.2.1999, have been selected by the respondents. Reference in this regard is made to Exts.P5 and P6. Petitioners claim a similar treatment by enforcement of the Special Rules and they have submitted Ext.P8 series applications in that behalf before the 1st respondent. They have approached this court for a direction to W.P ( C) No.16825 of 2008 3 the Government to engage them in terms of the request contained in Ext.P8 series. I have considered the averments in the writ petition and heard learned counsel for the petitioners and learned Senior Government Pleader. 3. In the result, the writ petition is disposed of directing the 1st respondent to consider the petitioners' request contained in Ext.P8 series and take a decision thereon, in accordance with law and Ext.P4 Special Rules within three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 1st respondent. (V.GIRI,JUDGE) ma W.P ( C) No.16825 of 2008 4