IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 16914 of 2003(L) ---------------------------------- PETITIONER(S): ------------------- 1. RAVI. N.C., S/O.SASTHAVAN, AGED 34, NEDUNJANDATHIL HOUSE, VALAYANCHIRANGARA P.O., PULLUVAZHY KARA, RAYAMANGALAM VILLAGE. 2. SHAJI.N.K., S/O.KRISHNAN, AGED 32, NADUKUDY HOUSE, ASAMANNOOR P.O., PUNNAYAM KARA, ASAMANOOR VILLAGE. 3. T.J. JOHNSON, S/O.OUSEPH, AGED 34, THACHETTUKUDY HOUSE,PUNNAYAM KARA, ASAMANNOOR VILLAGE. 4. SIBY, AGED 29,S/O.LATE P.V.PAULOSE, PARUTHIKKADU HOUSE, VALAYANCHIRANGARA P.O., PULLUVAZHY KARA. 5. SUNITHA C.R., W/O.M.V. RAJAN, AGED 33 MUTTATHUKUDY HOUSE, ASAMANNOOR KARA. 6. LISSY BENNY,W/O.BENNY, AGED 35, PUTHENPURACKAL HOUSE, MUDICKARAI KARA, RAYAMANGALAM VILLAGE. 7. SAFIA BEEVI C.K.,D/O. C.A.KOYA, AGED 22, CHITTETHUKUDY HOUSE, ASAMANNOOR VILLAGE. 8. SUJATHA A.K., W/O.SIVAN, AGED 36, CHACKIKALLUMPARAMBIL, IRINGOLE P.O., PERUMBAVOOR. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): -------------------- 1. KERALA AGRICULTURAL UNIVERSITY, MANNUTHI, THRISSUR, REP. BY ITS REGISTRAR. 2. ASSOCIATE PROFESSOR & HEAD, AROMATIC AND MEDICAL PLANTS RESEARCH STATION, KERALA AGRICULTURAL UNIVERSITY ODAKKALI, ASAMANNOOR P.O. R1&2 BY ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 16914/2003 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION NO. A/1369/2000 DTD. 05/01/2001 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE NOTICE NO.A-1369/2000 DTD. 13/01/2001 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT ALONG WITH A COPY TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.16914 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2010 J U D G M E N T After an elaborate selection process consisting of a physical test, interview and work experience test conducted by the Kerala Agricultural University, the petitioners were included in rank lists published for the purpose of appointment as daily labourers in the farms of the University in Vengoor, Rayamangalam, Kottappady, Mudakkuzha adjacent to Asamannoor, Panchayats. The University prepared two separate lists for men and women. The petitioners 1 to 4 were placed as rank Nos.2 to 5 in the rank list relating to men and the petitioners 5 to 8 were placed as rank Nos.1 to 4 in the rank list for women. None have been appointed pursuant to the said selection. It is under the above circumstances the petitioners have filed this writ petition seeking the following reliefs: i. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to engage W.P.(C)No.16914 of 2003 -2- workers in the 2nd respondent Centre from among persons in the rank list published by the 2nd respondent. 2. A counter affidavit has been filed by the University wherein the facts are admitted. But the plea is that nobody could be appointed from the rank list because of the financial difficulties. In the same, it is stated that as and when the permanent labour strength in the farm under the University is refixed the University will take steps to engage persons included in the select list of causal labourers if found necessary. That counter affidavit is filed as early as on 22.07.2003. The petitioners submit that, petitioners have not been engaged so far inspite of the said assurance. According to them, going by Ext.P7, vacancies are there for engagement of permanent labourers. It is also brought to my notice that by a notice dated 15.07.2010 the University had invited applications for preparing a select list for temporary employees in the Odakkali Aromatic & Medicinal Plants Research Station which is contrary to the assurance given in the counter affidavit. W.P.(C)No.16914 of 2003 -3- 3. I have considered the rival contentions in detail. 4. Admittedly the petitioners have been included in the rank lists and none have been appointed from the rank lists. Going by the notification No.A/1328/2010 dated 15.07.2010, the Professor and Head of the Department of the Aromatic & Medicinal Plants Research Station, Odakkali, has invited applications for preparing a select list for employing temporary employees in the station. That means, they are acting in violation of the assurance given in the counter affidavit. 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. S. SIRI JAGAN JUDGE shg/