IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 14855 of 2008(R) -------------------------- PETITIONER(S): ----------------------- 1. SASI P.K, S/O.KARIMBAN, POOKKODE DAIRY PROJECT, LAKKIDI P.O, VYTHIRI, WAYANAD DISTRICT. 2. BABITHA K, D/O.KESAVAN, POOKKODE DAIRY PROJECT, LAKKIDI P.O, VYTHIRI, WAYANAD DIST. 3. SUNEESH KUMAR M.K, S/O.KUNHIRAMAN M, POOKKODE DAIRY PROJECT, LAKKIDI P.O, VYTHIRI, WAYANAD DIST. 4. SREEDHARAN S, S/O.SANKARAN, POOKKODE DAIRY PROJECT, LAKKIDI P.O, VYTHIRI, WAYANAD DIST. 5. CHANDRAN P.T, S/O.SREEDHARAN, POOKKODE DAIRY PROJECT, LAKKIDI P.O, VYTHIRI, WAYANAD DIST. 6. RAJU P, S/O.KOLERI, POOKKODE DAIRY PROJECT, LAKKIDI P.O, VYTHIRI, WAYANAD DIST. 7. BABU N, S/O.NOONCHAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 8. VASUMITHA V.V, S/O.VASUDEVAN, VAZHAKKANDI HOUSE, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. WP(C).No. 14855 of 2008 9. SOBHANA T.K, D/O.BASKARAN T, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 10. SANTHA A.V, D/O.VELLAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 11. MEENAKSHI O, D/O.ONAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 12. RAGHU C, S/O.KARUPPAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 13. ASOKAN N, S/O.NARAYANAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 14. KUNJUMON P.K, S/O.KARIMPAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 15. SALINI V, D/O.BALAN G, VILAKKATHARA, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 16. MONISHA V, D/O.BALAN G, VILAKKATHARA, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 17. PADMAJA P, D/O.PAITHAL K.V, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 18. ANITHA V, D/O.VELLACHI, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 19. SASI A, S/O.VELLAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 20. GEETHA K.K, D/O.NARAYANAN K.K, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. WP(C).No. 14855 of 2008 21. VANAJA G, D/O.GOPALAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 22. SHIBU N, S/O.CHIMBRAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 23. SARITHA P.K, W/O.PONNAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 24. GEETHA C.K, W/O.CHANDRAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 25. PUSHPA, W/O.MOHANAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 26. MEENAKSHI K, D/O.KARUPPAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 27. SANTHA V, W/O.RAJU, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 28. SANTHA G, D/O.GOPALAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 29. PARVATHY K, D/O.KARIMBAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 30. ANITHA R, W/O.BABU, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 31. GOPIDAS N.G, S/O.GOVINDAN, NOCHANVAYAL, PUTHENKUNNU P.O, WAYANAD DIST. 32. VIJAYAN K, S/O.KUMARAN K.C, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. WP(C).No. 14855 of 2008 33. SHEEBA, C/O.CHIMBRAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 34. MADHAVI P, D/O.SREEDHARAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 35. NISHITHA, D/O.K.MADHAVAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 36. VIVEK K.J, S/O.JEEVANANDAN, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. 37. SATHEESH A, S/O.ANANTHAN A, POOKKODE DIARY PROJECT, LAKKIDI P.O, VYTHIRI WAYANAD DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE KERALA AGRICULTURAL UNIVERSITY, REP.BY ITS REGISTRAR,VELLANIKKARA,THRISSUR. ADDL.R4. PRADEEP C.T., 34 YEARS, PULAYA (SC), SSLC, FARM LABOUR, S/o.K.THANKAPPAN, CHEMMATHICHIRAYIL HOUSE, NEAR POOKKAD VETINARY COLLEGE, SUGANDHAGIRI P.O., VYTHIRI, WAYANAD. ” R5. S.P.BHASKARAN, 53 YEARS, THIYA (OBC), SSLC, SECURITY, POOKKAD DIARY PROJECT, LAKKIDI P.O., WAYANAD. ” R6. MANU THEJAS, 24 YEARS, THIYA (OBC), BA, OFFICE, POOKKAD DIARY PROJECT, LAKKIDI P.O., WAYANAD. ” R7. VALSALA P., 35 YEARS, THIYA (OBC) VIII, SWEEPER, PANACHIKKAL HOUSE, LAKKIDI P.O, WAYANAD. WP(C).No. 14855 of 2008 ” R8. JOSE C.J., 33 YEARS, CHRISTIAN, VIII, SECURITY, CHARUVILA VEEDU, LAKKIDI P.O., WAYANAD. ” R9. K.B.SURESH BABU, 35 YEARS, THIYA (OBC), SSLC, DRIVER, KANIYAMPARAMBIL HOUSE, MANNUTHI P.O., THRISSUR. ” R10. P.K.SUMATHI, 47 YEARS, THIYA (OBC), PDC HOSTEL, WARDEN, PUTHUKULAGARA CHALIYAM P.O., KODALUNDI, KOZHIKODE. ” R11. OMANA K.B., 46 YEARS, THIYA (OBC), IX, SWEEPER, KAVINAL HOUSE, LAKKIDI P.O., WAYANAD. ” R12. K.K.LATHA, 37 YEARS, THIYA (OBC), SSLC, SECURITY, KILIYATH VEEDU, CHALODE, VYTHIRI P.O., WAYANAD. ” R13. VINU K.V., 26 YEARS, NAIR, PLUS-2, PLUMBER, KUMILPURA HOUSE, KAYYUNI P.O. ” R14. JANU R., 48 YEARS, VISWAKARMA, SWEEPER, AYYAPPANKUNNU VEEDU, VYTHIRI. P.O, WAYANAD. ” R15. SAINA P., 24 YEARS, MUSLIEM, SSLC, SALESGIRL, ANDIVALAPPIL HOUSE, LAKKIDI P.O, WAYANAD. ” R16. SUBHADRA M., 36 YEARS, THIYA (OBC), SSLC, ATTENDER, ARAMALAVEEDU, LAKKIDI P.O, WAYANAD. ” R17. PRADHESH, 28 YEARS, MUGAR (SC), SSLC, ATTENDER, SWAPNAMANJARI HOUSE, THALIMALA, VYTHIRI P.O., WAYANAD. ” R18. SAJITHA N., 24 YEARS, VISWAKARMA, SSLC, LAB TECHNICIAN, AYYAPPANKUNNU VEEDU, VYTHIRI P.O., WAYANAD. ” R19. SUSMITHA V., 35 YEARS, PANIYA (ST), PDC, OFFICE, SUGANDHAGIRI P.O., WAYANAD. ” R20. JANU A.A., 37 YEARS, KURUMAN (ST), PDC, ATTENDER, SUGANDHAGIRI, UNIT-II, SUGANDHAGIRI P.O., WAYANAD. ” R21. VIPIN N.K., 22 YEARS, KURUMAN (ST), SSLC, FARM LABOUR, SUGANDHAGIRI P.O., VYTHIRI, WAYANAD. ” R22. M.R.GANGADHARAN, 42 YEARS, PULAYA (SC), VII, FARM LABOUR, SUGANDHAGIRI UNIT-4, SUGANDHAGIRI P.O., WAYANAD. ” R23. BAGESH, 26 YEARS, THIYA (OBC), VIII, PHONE BOY, KUNNIL HOUSE, VALLARIKARA P.O., THRISSUR. WP(C).No. 14855 of 2008 ” R24. SAJEEV E.K., 36 YEARS, THIYA (OBC), SSLC, GARDENER, JYOTHIS, PUTHUKUDI KUNNU, PINAGODE P.O., KALPATTA, WAYANAD. ” R25. UNNIKRISHNAN, 42 YEARS, NAIR, SSLC, FARM LABOUR, SUGESH BHAVAN, VYTHIRI P.O., WAYANAD. ” R26. P.C.SUNIL, 26 YEARS, KURUMAN (ST), SSLC, FARM LABOUR, PADIPARAMBIL HOUSE, SUGANDHAGIRI P.O., WAYANAD. ” R27. VINOD KUMAR K., 35 YEARS, THIYA (OBC), SSLC, ELECTRICIAN, PARAKANDI HOUSE, NAYARKUZHI P.O., KOZHIKODE. ” R28. ANTONY T.A., 38 YEARS, CHRISTIAN, SSLC, PLUMBER, THANIPPILLY HOUSE, VYTHIRI P.O., WAYANAD. ” R29. BABU T.M., 50 YEARS, CHRISTIAN, MILKER, THANIPPILLY HOUSE, LAKKIDI P.O., WAYANAD. ” R30. SASINDHRAN K.C., 30 YEARS, PANIYAN (ST), SSLC, DRIVER, SUGANDHAGIRI UNIT-2, SUGANDHAGIRI P.O., WAYANAD. ” R31. MUTHUKUMAR K., 30 YEARS, SC, SSLC, DRIVER, ACHUR ESTATE, POZHUTHANA P.O., WAYANAD. ” R32. PARVEENDRA KUMAR, 24 YEARS, SHATRIYA, SSLC, DRIVER, PUKKODE DIARY PROJECT, LAKKIDI P.O, WAYANAD. ” R33. MINI T.K., 33 YEARS, VETTUVA (ST), Bcom, OFFICE, PANNAKATTIL HOUSE, PUTHUVAYAL P.O., KALPATTA, WAYANAD. ” R34. JOSEMY JOSE, 22 YEARS, RC, PLUS-2, FARM LABOUR, SUGANDHAGIRI UNIT-2, SUGANDHAGIRI P.O., WAYANAD. ” R35. USHA N.V., 35 YEARS, KURUMAN (ST) SSLC, FARM LABOUR, SUGANDHAGIRI UNIT-4, SUGANDHAGIRI P.O., WAYANAD. ” R36. AMBIKA E.K., 36 YEARS, KURUMAN (ST), SSLC, ATTENDER, PUKKODE DIARY PROJECT, LAKKIDI P.O., WAYANAD. ” R37. VALLY, 40 YEARS, PANIYAN (ST), FARM LABOUR, W/o.MADHAVAN, PUKKODE DIARY PROJECT, LAKKIDI P.O., WAYANAD. ” R38. JAYADEVAN M.N., 42 YEARS, NAIR, MILKER, PUKKODE DIARY PROJECT, LAKKIDI P.O., WAYANAD. WP(C).No. 14855 of 2008 ” R39. VINU N.K., 30 YEARS, KURUMAN (ST), SSLC, SECURITY, SUGANDHAGIRI P.O., WAYANAD. ADDL.R4 TO R39 IMPLEADED AS PER ORDER DATED 25.8.08 IN I.A.No.10901/08. ADV. SRI.P.SAMSUDIN FOR ADDL.R. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R3 SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER FOR R3 GOVERNMENT PLEADER MR.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 14855 of 2008 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of G.O.(Rt)No.3643/98/RD dated 13.8.1998. Ext.P2 :- Copy of G.O.(MS)No.73/79/AD dated 17.2.79. Ext.P3 :- Copy of the list of permanent employees of the University. Ext.P4 :- Copy of the list of containing the names of individuals belonging to scheduled Tribes along with their qualifications. Ext.P5 :- Copy of the order dated 31.10.2006 in W.P.(C)No.25125/2006. Ext.P6 :- Copy of the order dated 22.11.2006 in W.P.(C)No.25125/2006. Ext.P7 :- Copy of the order dated 7.7.2007. Ext.P8 :- Copy of the order dated 9.7.2007. Ext.P9 :- Copy of the order dated 17.7.2007. Ext.P10 :- Copy of the judgment dated 24.7.2007 in W.P.(C) No.25125/2006. Ext.P11 :- Copy of the order dated 22.12.2006. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 14855 OF 2008 ------------------------------------------------------------- Dated this the 7th day of December, 2010 JUDGMENT An extent of 1042.72 acres of vested forest land was transferred to the Tribal Collective Farm Society at Pookkode in Wayanad District. From the records it would appear that subsequently the Society became dis-functional and the land which was allotted to the Society was distributed to different organizations. 2. Pursuant a meeting of the Minister for Agriculture and the Minister for Welfare of Backward and Scheduled Communities held on 10.9.1997, 100 Acres of such land was decided to be transferred to the Kerala Agricultural University for starting a Veterinary College. The transfer was subject to two conditions. The first one was that the appointment of farm labourers in the farm attached to the college will be made from the members of the families settled in Pookkode Dairy Project. The second condition was that while making appointment to the posts in the college, the qualified persons of these families settled in the project area will be given priority. Based on the above decision, the District Collector made proposals to the Government. W.P.(C).No. 14855 OF 2008 2 Accordingly, Ext.P1 Government Order was issued on 13.8.1998 transferring 100 acers of land to the Kerala Agricultural University for starting a Veterinary college. 3. There were complaints that the condition requiring University to appoint farm labourers from members of the families was not honoured. It is stated that an organization by name 'Neethivedi', which was exposing the cause of the affected people, finally, approached this court by filing W.P(C) No.25125/2006. That the writ petition was disposed of by Ext.P10 judgment, where this court recorded the statement made by the respondents that one member each from the 25 adivasi family displaced from 100 acres allotted to the University, were issued letters of appointment. It was also directed that a sum of Rs.19.5 Lakhs will be handed over to the District Collector being the Chairman of the Tribunal Mission, Wayanad for construction of 25 houses in the 5 acres of land allotted to the ‘Adivasi’ families for their benefit. 4. According to the petitioners, who claim to be entitled to appointment as per Ext.P1, despite the availability of many of the 'scheduled tribe adivasies’ who are elegible to be appointed, the University is engaging strangers and thus denied them the W.P.(C).No. 14855 OF 2008 3 benefit of Ext.P1. They also produced Ext.P11 notice issued by the University in 2006 requiring production of several documents, to prove the Date of Birth, Educational Qualifications, Nativity certificate, Conduct certificate etc. which also according to the petitioners is also is in violation of conditions of Ext.P1. 5. On behalf of the University a statement has been filed. In the statement filed, the stand taken by the University is that one member each from the 25 families have already been appointed, that Rs.19.5 Lakh has already been handed over to the District Collector and that 5 Acres of land has been allotted by the Government to the evicted tribal families. It is the case of the University that their liability was only to provide employment to one member each from the 25 families displaced from the 100 Acres of land allotted to them and that they have no liability in respect of the displaced persons from the remaining land, which was distributed to various other establishments mentioned in para 4 of the statement. It is stated by giving employment to 25 persons they have discharged their liability. It is also stated that the only slot where the tribal youth could be engaged is as casual labourers and that the University has discharged their liability. W.P.(C).No. 14855 OF 2008 4 6. Additional respondents who got themselves impleaded in the writ petition contented that they are working as casual employees, for several years and that the prayer sought for in the writ petition requiring the University to give appointment to the petitioners will adversely affect them. 7. In the reply affidavit filed by the petitioners, they have disputed the assertion of the University that employment was given to 25 persons. Petitioners also dispute the correctness of the stand taken that University, that it has already paid Rs.19.5 Lakh to the District Collector for construction of houses. 8. As far as the main contention of the petitioners is concerned, that is for a direction to the University to implement the Ext.P1 order. Ext.P1 Government Order contains two conditions. These two conditions are as follows:- '(i) The appointment of farm labourers in the farm attached to the College will be made from the members of the families settled in Pookode Dairy Project. (ii) While making appointment to the posts in the College, the qualified persons of these families will be given priority' W.P.(C).No. 14855 OF 2008 5 9. The fact that transfer of the land was conditional is already upheld by this Court in Ext.P10 judgment in W.P(C) No.25125/2006 and this judgment has become final. Therefore, the University cannot now wriggle one of its liability to honour the conditions requiring it make appointment of farm labourers in the farm attached to the veterinary college from among the members of the families settled in the Dairy Project. Then the question is whether the liability of the University is confined to the persons who were displaced from the 100 Acres of land allotted to the University or whether their liability extends to the persons displaced from the whole project area itself. A reading of the statement filed by on behalf of the University shows that the land in the possession of the Society was allotted to various establishments such as Priyadarsini Estate, Javahar Navodaya, Model Residential School, District Jail and to the University. These projects naturally created job opportunities and therefore although the condition in Ext.P1 requires the University to provide employment to the members of the families settled in the Pookkode Dairy Project. I am inclined to think that Ext.P1 Government Order casts liability on the University only in so far as the persons who were displaced from the 100 acres of land W.P.(C).No. 14855 OF 2008 6 allotted to the University is concerned. If that be so, the liability under Ext.P1 order will be confined to 25 families, which have been identified by the University itself, as is evident from the statement filed by the University. It is also a case of the party respondents that if any relief is granted to the petitioners, they will be thrown out of the employment in which they have been doing for the last several years. While the claim of the petitioners will have to be recognized, the claim of the party respondents, who claim continuous employment also will have to be recognised. Therefore, even if the petitioners are held entitled to any relief that cannot result in the party respondents loosing their employment. Having regard to the terms of Ext.P1, the claim of the petitioners to the extend that the University has obligation to make appointment to the post of farm labourers from among the family members of the aforesaid 25 families has to be accepted and I do so. 10. An argument was raised that accepting the submission made by the University that 25 persons have been appointed, Writ Petition No.25125/2006 was disposed of by Ext.P10 judgment, the University has no further liability. A close reading of the judgment shows that though this court has recorded the W.P.(C).No. 14855 OF 2008 7 aforesaid submission made on behalf of the University that one person each from the 25 families have been appointed, this court did not proceed to hold that with the appointments so made, the obligations under Ext.P1 stood discharged. Therefore, I am not in a position to accept that plea of the respondents. 11. In the result the respondent University is directed to consider the claim of the members of 25 families displaced from the 100 acres of land allotted to it as per Ext.P1 for appointment to the post of farm labourer, as and when recruitment to that post is made subject to the suitability and eligibility laid down by it. It is clarified in this judgment this court has only dealt with the claim of the petitioners for appointment as farm labourers under Ext.P1 order, and if they have any other claim, that is left opent to be agitated separately. ANTONY DOMINIC JUDGE dmb