IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 W.A.No.1115 of 2011 -------------------------------- AGAINST THE JUDGMENT W.P.(C).No.16914 of 2003 DATED 01.12.2010 AND THE ORDER IN R.P.NO.461/2011 DATED 8.7.2011 .................... APPELLANTS/RESPONDENTS:- ---------------------------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, REP.BY ITS REGISTRAR, VELLANIKKARA, THRISSUR. 2. THE ASSOCIATE PROFESSOR & HEAD, AROMATIC AND MEDICAL PLANTS RESEARCH STATION, KERALA AGRICULTURAL UNIVERSITY, ODAKKALI, ASAMANNOOR P.O. BY STANDING COUNSEL SRI.K.P.MUJEEB. RESPONDENTS/RESPONDENTS:- ----------------------------------------------- 1. RAVI. N.C, S/O.SASTHAVAN, AGED 34 YEARS, NEDUNJANDATHIL HOUSE,VALAYANCHIRANGARA P.O, PULLUVAZHY KARA,RAYAMANGALAM VILLAGE, PERUMBAVOOR - 683 542. 2. SHAJI N.K,S/O.KRISHNAN,AGED 32, NADUKUDY HOUSE,ASAMANNOOR P.O, PUNNAYAM KARA,ASAMANOOR VILLAGE,PIN 683 549. 3. T.J.JOHNSON,S/O.OUSEPH,AGED 34, THACHETTUKUDY HOUSE,PUNNAYAM KARA, ASAMANOOR VILLAGE, PIN 683 549. 4. SIBY,S/O.LATE P.V. PAULOSE,AGED 29, PARUTHIKKADU HOUSE,VALAYANCHIRANGARA P.O, PULLUVAZHY KARA,PIN 683 542. 5. SUNITHA C.R,W/O.M.V.RAJAN,AGED 33 YEARS, MUTTATHUKUDY HOUSE,ASAMANOOR VILALGE, PIN 683 542. WA.No. 1115 of 2011 :2: 6. LISSY BENNY,W/O.BENNU,AGED 35 YEARS, PUTHENPURACKAL HOUSE,MUDICKARAI KARA, RAYAMANGALAM VILLAGE, PIN 683 542. 7. SAFIA BEEVI C.K,D/O.C.A.KOYA,AGED 22 YEARS,CHITTETHUKUDY HOUSE,ASAMANOOR VILLAGE PIN 683 542. 8. SUJATHA A.K,W/O.SIVAN,AGED 36 YEARS, CACKIKALLUMPARAMBIL,IRINGOLE P.O, PERUMBAVOOR. * ADDL. RESPONDENTS 9 TO 18 IMPLEADED -------------------------------------------------------------- 9. NAJIYA MOHAMMED, W/O. V.M. MOHAMMED, AGED 40 PARAKKAPARAMBIL HOUSE, METHALA P.O. 10. KARTHIKA P.P., W/O.RAJAPPAN, AGED 41, KALLELIMOLATH, ASAVANNOOR P.O. 11. CHANDRAN M.K., S/O. KUTTAPPAN NAIR, AGED 40 MEPPURATH HOUSE, IRAMALLOOR P.O. 12. BAIGI P.G., S/O GOPALAN NAIR, AGED 31, PUDUKKUDIYIL, IRAMALLOOR P.O. 13. CHANDRAN N.P., S/O. BALAN, AGED 41, NJAREKKANDATHIL, ERAMALLOOR P.O. 14. E.V. IBRAYI, S/O. MEERAN, AGED 47, INCHAKKUDI, ODAKKALIL, ASAVANNOOR P.O 15. E.N. IBRAHIM, S/O MAKKAR, AGED 46 INCHAKKUDI, IRAMALLOOR P.O., KOOTTILANJI 16. M.A. SALIM, S/O. ABDUL RAHIMAN, AGED 43 MUNDAKKAL, ERAMALLOOR P.O, KOOTTILANJI 17. A.R. MANOJ, S/O RAGHAVANNAIR, AGED 42, ATHIPPILLIL HOUSE, ERAMALLOOR P.O 18. M.K. KASSIM, S/O.MAITHEIN KOCHAKKEN AGED 43, MOLATH, PAYAPPRA, P.O., (* ADDITIONAL RESPONDENTS 9 TO 18 ARE IMPLEADED AS PER ORDER DATED 16.11.2011 IN I.A. NO.824 OF 2011) R1 TO R8 BY ADV.SRI.V.RAJENDRAN (PERUMBAVOOR) ADDL.R9 TO R18 BY ADV. SRI.PAULSON THOMAS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1115 of 2011 APPENDIX APPELLANTS' ANNEXURES: ANNEXURE A2(a): TRUE COPY OF THE ABOVE REFERRED NOTIFICATION BEARING NO. A 1369/00 ANNEXURE A2(b): A TRUE COPY OF THE LETTER BY THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY SHOWING THE BAN ANNEXURE A2(c): A TRUE COPY OF THE APPOINTMENT ORDER RESPONDENTS ANNEXURES: NIL TRUE COPY jma C.N.Ramachandran Nair & K.Vinod Chandran, JJ. -------------------------------- W.A.No.1115 of 2011 -------------------------------- Dated this, the 16th day of November, 2011 JUDGMENT C.N.Ramachandran Nair,J.: The Writ Appeal is filed by the University challenging the judgment of the learned Single Judge, directing appointment of casual labourers in the farms of the Kerala Agricultural University from the persons selected and listed by the University vide Exhibits P5 and P6. 2. Even after the filing of the Writ Appeal, the University has complied with the judgment of the learned Single Judge by appointing as many as 19 persons. The University counsel submitted that the University has notified for selection of another 5 candidates to make up the community reservations. Of course, this arises only if persons from those communities are not available in Exhibits P5 and P6. I.A.No.824 of 2011 alone is filed for impleading 10 more persons in the Writ Appeal, who are also included in Exhibits P5 and P6 lists where from appointments have to be made as per the judgment of the learned Single Judge impugned in the Writ Appeal. The purpose of impleading those persons is only to get the benefit of the judgment, because they W.A.No.1115 of 2011 - 2 - are similarly placed as petitioners in the writ petition, in whose favour the learned Single Judge allowed the case. 3. After hearing both sides, we do not find any merit in the Writ Appeal, because after the filing of the Writ Appeal the University has complied with the judgment by making appointments from the lists. The learned counsel for the University submitted that the validity of the list expired and appointments were made from the expired list because of the directions issued by the learned Single Judge. According to him, all existing vacancies were filled up. However, what we notice from the judgment is that the Court has not interdicted the University from making any appointments. The learned counsel for the University submitted that the list is farm-wise and so much so, as and when the list is exhausted with reference to any farm, then necessarily fresh selection is to be made for further appointments. Going by the judgment of the learned Single Judge, fresh selection is called for for appointment of casual employees in any farm only when the list prepared for that farm is exhausted. We close this Writ Appeal with this observation, which entitles the additional respondents impleaded as per order on I.A.No.824 of 2011 also for the benefit, as they are already included in the lists of the Odakkali farm. This means that so W.A.No.1115 of 2011 - 3 - far as Odakkali farm is concerned, any vacancy arising in that farm shall be filled up by persons who are included in Exhibits P5 and P6 and appointments in respect of the other farms are concerned, the same shall be made from the list of persons selected for those respective farms and if those lists are exhausted, fresh lists are to be prepared. C.N.Ramachandran Nair Judge K.Vinod Chandran Judge. vku/-