IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6219 of 2008(M) PETITIONERS: --------------------- 1. SALIM.M., KURANDIYIL VEEDU, POOVACHAL P.O., THIRUVANANTHAPURAM. 2. SHAJUDEEN.I., PULIMOODU HOUSE, POOVACHAL P.O., THIRUVANANTHAPURAM. 3. KUMARI SASIKALA.T., T.S.BUILDING, KODANGAVILA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 4. JAYARAJ JOYAL, GOVINDAMANGALATH PUTHEN VEEDU, MARUKIL, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT. 5. SAJU RAJAN.E., SHAJABHAVAN, KUNNUVILA, NADUKANI, KATTAKKODE P.O., KATTAKKADA, THIRUVANANTHAPURAM. 6. SATYADAS.J.G., KANAKA BHAVAN, NEDUMKUZHY MUKKU, VILAPPILSALA P.O., THIRUVANANTHAPURAM. 7. AMRITHARAJ JOYAL.S., GOVINDAMANGALATH PUTHEN VEEDU, MARUKIL, OORUTTAMBALAM P.O., THIRUVANANTHAPURAM. 8. RAMESHKUMAR.L., VALIYAMANKALATH VEEDU, THIRUPURAM PO., THIRUVANANTHAPURAM. 9. SATHYAKUMAR.J., KIZHAKKUM MUNNARA VEEDU, MARUKIL, OORUTTUMBALAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.KISHORE SMT.MEERA GOPINATH WP(C).No. 6219 of 2008 :: 2 :: RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURE (A.H) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, ANIMAL HUSBANDARY DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DISTRICT ANIMAL HUSBANDARY OFFICER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.6219 of 2008 ------------------------- Dated this the 22nd day of February, 2008. JUDGMENT 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 become 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 160 Scheduled Caste/Scheduled Tribes and 49 others as Part-time Contingent employees on daily wages in Animal Husbandry Department. Government have now W.P.(C).NO.6219/08 :: 2 :: 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 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. W.P.(C).NO.6219/08 :: 3 :: 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 Ext.P9 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. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge