IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 30763 of 2011(U) -------------------------- PETITIONERS: --------------- 1. IBRAHIM @ IBRAYI, AGED 46 YEARS, S/O BEERAVU, INCHAKUDI HOUSE, ASAMANNUR PO, ODAKKALI, ERNAKULAM DISTRICT. 2. SALI THOMAS, CHAMAKKALA HOUSE, ASAMANNUR P.O, ODAKKALI, ERNAKULAM DIST. 3. KHADEEJA, W/O MOHAMMED, INCHAKUDY HOUSE, ASAMANNUR P.O, ODAKKALI, ERNAKULAM DISTRICT. 4. FATHIMA ALIYAR, CHITTETHUKUDI HOUSE, ASAMANNUR P.O, ODAKKALI, ERNAKULAM DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): ----------------- 1. STATE OF KERALA REP. BY SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM- PIN-695 001. 2. THE KERALA AGICULTURAL UNIVESITY, VELLANIKKARA, THRISSUR. REP. BY ITS REGISTRAR. PIN- 680 654. WP(C).No. 30763 of 2011(U) 3. PROFESSOR AND HEAD OF AROMATIC MEDICINAL PLANTS RESEARCH STATION, ODAKKALI, ASAMANNUR P.O, ERNAKULAM DISTRICT PIN- 683 549. * ADL.R4& R5 IMPLEDED: ADDL.R5: CHANDRAN M.K., S/O KUTTAPPAN NAIR, AGED 40 YEARS, RESIDING AT MEPPURATH HOUSE, IRAMALLOOR P.O. ADDL.R6: A.R.MANOJ, S/O RAGHAVAN NAIR, AGED 42 YEARS, ATHIPPILLIL HOUSE, IRAMALLOOR P.O. *(IMPLEADED AS PER ORDER DT.22.12.2011 IN I.A.NO.20554/11) BY GOVT.PLEADER SHRI P.I.DAVIS FOR R1 SHRI K.P.MUJEEB FOR R2 & R3(SC) ADV. SRI.PAULSON THOMAS FOR ADDL.R4-5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 30763 of 2011(U) PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE G.O. NO.2207/2010/AGRL. DTD. 14.12.2010. EXT.P2 TRUE COPY OF THE RELEVANT PAGE OF THE LETTER DTD.11.10.2010 OF THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DTD.10.11.2011. RESPONDENTS' EXHIBITS: EXT.R2(A): COPY OF THE COMMUNICATION NO.A/1369/2010 DT.8.10.10 OF THE RESPONDENT UNIVERSITY. EXT.R2(B): COPY OF GO(RT)NO.2664 DT.18.12.08. EXT.R2(C): COPY OF GO NO.A/17/07 DT.29.3.11. EXT.R2(D): COPY OF GO.NO.A/615/96 DT.28.3.11. EXT.R2(E): COPY OF PROCEEDINGS NO.A/1750/05 DT.29.3.11 OF THE RESPONDENT UNIVERSITY. EXT.R2(F): COPY OF JUDGMENT DT.1.12.10 IN W.P.(C)No. 16914/03 OF THIS COURT. EXT.R2(G): COPY OF JUDGMENT DT.16.11.11 IN W.A.NO.1115/11 OF THIS COURT. TRUE COPY P.A.TO JUDGE dsn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30763 OF 2011 --------------------------------------- Dated this the 22nd day of December, 2011. J U D G M E N T This writ petition is filed by the petitioners who claim that they are working on daily wage basis in the 3rd respondent Farm. The petitioners are aggrieved by the proposal to replace them by other workers. On behalf of the University, a statement has been filed by the respondents 2 and 3. 2. Heard the learned Senior Counsel for the petitioner, learned Standing Counsel for the University and Adv.Sri.Paulson Thomas who appeared for the impleaded additional respondents who have been included in the rank list for appointment as casual labourers. Learned Senior Counsel for the petitioners submitted that the petitioners are daily wage workers and there is an attempt to appoint some other workers and as a result of which their service is proposed to be terminated. The said contention is strongly opposed by the learned Standing Counsel for the University. W.P.(C) No.30763/2011 2 3. My attention is invited to the documents produced along with the statement filed by the University. It is pointed out that in terms of the directions issued by this Court in W.P.(C) No.16914/2003 and in Writ Appeal No.1115/2011, the vacancies are being filled up and therefore, the petitioners cannot be continued. It is further pointed out that the petitioners are not daily wage appointees. They have only quoted certain rates and on the accepted rates quoted by them, they have been given contracts for doing works in the Farm. 4. I am not going into the controversies regarding the above aspect since it is pointed out that there is a select list for appointment of casual workers and appointments are being made from the said list. The said process will have to be completed and it is submitted that out of the sanctioned strength of 31, 19 casual labourers have already been appointed. The remaining vacancies are kept for want of eligible candidates to fill up the community quota. 5. Learned Senior Counsel for the petitioner points out that even if persons from the rank list are appointed, there will be W.P.(C) No.30763/2011 3 some remaining vacancies of female workers and in the event of such vacancies remaining unfilled, the petitioners' claim may be considered. The learned Standing Counsel submitted that they have no right as such. I am not going into the merits of the above prayer since it is upto the Kerala Agricultural University to take appropriate action in accordance with law. The interim order is vacated. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp