IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 4824 of 2011(C) ------------------------- PETITIONER(S): --------------------- 1. N. SURENDRAN, S/O. P. NADRAN, AGED 47 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33. RESIDING AT ARYALAYAM,CHUDUKANDAMVILA, KALAYOOR.P.O, TRIVANDRUM. 2. SREEDHARAN NAIR.G, S/O.G. GOVINDAN NAIR, AGED 47 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33. RESIDING AT SREEVIHAR, VATTAVILA, THIRUMALA.P.O, TRIVANDRUM - 695 006. 3. RAJENDRAN PILLAI.S, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT VISAKHAM KULANGARA VILAKAM, CHOWALLOOR, PULIYARAKONAM.P.O, TRIVANDRUM - 695 573. 4. JAYACHANDRAN NAIR.K, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT CHERUVALLY KATTAKKALIL VEEDU, EANIKKARA, KARAKULAM.P.O, TRIVANDRUM-695564. 5. RAJAN.F, S/O.N. FRANCIS, AGED 46 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT KOLLABHAVATHU VEEDU, MALAYAM, MALAYINKIL.P.O, TRIVANDRUM - 695 571. 6. S. JAYACHANDRAN, S/O.P.SOMAN, AGED 46 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT PUNPMONVILA VEEDU, KEZHKOLLP, AMARAVILA.P.O, TRIVANDRUM - 695 122. WP(C).No. 4824 of 2011(C) ----------------------------------- 7. HARI.B.S, S/O. BHASKARAN NAIR,AGED 45 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT RAMAVILASAM, KARIPOOR.P.O, NEDUMANGAD, TRIVANDRUM - 695 541. 8. SABUKUMAR.B.S, S/O. BHASKARAN NAIR, AGED 44 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT LEKSHMI VILASOM, VENPAKAL.P.O, ARALUMMOODU VIA, TRIVANDRUM - 695 123. 9. PRADEEPAN.G, S/O. GANGADHARAN, AGED 46, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT KAMALAYAM, VALLIKUNNAM, KADUVINAL.P.O, ALAPPUZHA DISTRICT - 690 501. 10. S. SURESH KUMAR, S/O. SUKUMARAN, AGED 46 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT MYLARNOODE, PANACODE.P.O, NEDUMANGAD, PIN - 695 592 11. SURESH BABU.T, S/O.M. THULASEEDHARAN, AGED 45 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT BABUMANDIRAM, EZHUKONE.P.O, KOLLAM DISTRICT. 12. MOHANAKUMAR.K, S/O.KRISHNA PILLAI, AGED 45 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT REVATHY, NALLOOR GRAMAM, CHEMAPAZHANTHY.P.O, TRIVANDRUM - 695 587. 13. MURALIDHARAN.R, S/O. RAJAPPAN, AGED 45 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT MAMPARAMBIL HOUSE, THOTTAPPALLY, AMBALAPUZHA, ALLEPPEY DISTRICT. WP(C).No. 4824 of 2011(C) ------------------------------------ 14. SREEKANTAN NAIR.S, S/O. SASIDHARAN PILLAI.S, AGED 47 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT SHILPASREE, CHATTAMBI SWAMI NAGAR, CHEMPAZHANTHI.P.O, TRIVANDRUM - 695 587. 15. SUDARSANAN.G, S/O. GOVINDAN, AGED 48 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT MULLOOR.P.O, VIZHINJAM,TRIVANDRUM - 695 521. 16. D. RAJENDRAN NAIR, S/O.K. DIVAKARAN NAIR, AGED 48 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT PRASANNAMANDIRAM, ARASUPARAMBU, NEDUMANGAD.P.O, PIN - 695 541. 17. K. RAJENDRAN, S/O. KUTTAPPAN, AGED 48 YEARS, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT VARUN NIVAS, THRIKKUNNAPUZHA, PALLANA.P.O, ALLEPPEY. 18. SABU.V, S/O. VINCENT.Y, CASUAL SECURITY GUARD EX-SERVICEMAN, UNIVERSITY OF KERALA, THIRUVANANTHAURAM-33, RESIDING AT PADINJAREKADAVILVEED, CHERUMOODU, VELLIMON.P.O, KUNDARA, KOLLAM - 695 511. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): -------------------------- 1. UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM - 695 034, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM - 695 034. 3. THE REGISTRAR, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM - 695 034. R1 TO R3 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4824 of 2011(C) ------------------------------------- APPENDIX --------------- PETITINER'S EXHIBITS ----------------------------------- EXTP1. COPY OF THE LIST OF EX-SERVICEMEN SPONSORED BY THE SAINIK BOARD TO THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. EXTP2. COPY OF THE RANK LIST OF SECURITY GUARDS DT. 17.7.2007 PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY EXTP3. COPY OF THE GOVERNMENT ORDER G.O. (MS) 399/10 DT. 18.12.2010. EXT.P4. COPY OF THE REPRESENTATION DT. 4.1.2011 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT. EXT.P5. COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) 114/05/G1/EDN. DT. 8.4.2005. EXT.P6. COPY OF NEWSPAPER REPORT APPEARED IN MATHRUBHUMI DAILY DT. 8.12011. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE vk T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4824/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T The petitioners herein, who are Ex-servicemen, are working as Security Guards on temporary basis in the University. The allegation raised in this writ petition is that their service is not regularised even though there are sanctioned posts. The names of the petitioners were sponsored by the District Sainik Welfare Board. 2. The learned Standing Counsel for the University submitted that there is a permanent cadre of Security Guards but, there is no scope for considering their case for regularisation. From time to time the District Sainik Welfare Board will be sponsoring the names and on the basis of the same, such persons will be engaged on temporary basis. In the light of the fact that the engagement is on casual basis, they cannot claim any regularisation. 3. The learned counsel for the petitioner submitted that in the event of the University issuing W.P.(C). No.4824/2011 -:2:- any notification for permanent appointment in the post of Security Guards, the petitioners may also be allowed to submit applications. It is submitted by the learned Standing Counsel that as on today, there is no proposal to invite any application for permanent appointment and in the event of any notification being issued in future, the petitioners can submit applications in terms of the conditions provided in the notification. The learned counsel for the petitioner prayed that then they may be allowed to continue as per the present arrangement. It is the matter for the University to consider in terms of the procedure for appointing the Security Guards on casual/daily basis. Since it is pointed out that it is the District Sainik Welfare Board which had sponsored the names of petitioners, on their requisition alone a decision can be taken. Leaving open the remedy of the petitioners to move the authorities of the University in case of any threat of disengagement, this writ petition is disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms