IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 24509 OF 2006(P) ----------------------------------- PETITIONER: ------------------- M.G. SAJEEV KUMAR, S/O. M.V.GANGADHARAN, AGED 38 YEARS, TAPPER (TAPPING THOZHILALI-PERMANENT), KERALA AGRICULTURAL UNIVERSITY ESTATE, VELLANIKKARA, THRISSUR-680 654. BY ADVS. SRI.V.A. MUHAMMED SRI.K.E. HAMZA RESPONDENTS: ---------------------- 1. THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS, VELLANIKKARA, THRISSUR-680 654. 2. THE ESTATE OFFICER, KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR-680 654. ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R1&2 SRI.K.P.MUJEEB(B/O) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2/- W.P (C) No.24509 OF 2006-P -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1- COPY OF THE CIRCULAR No.GA/B3/22585/2004 OF THE UNIVERSITY DATED 25-10-2004. EXT.P2 - COPY OF THE APPLICATION OF THE PETITIONER DATED 14-09-2006. EXT.P3 - COPY OF THE COVERING LETTER DATED 27-11-2004. RESPONDENTS EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Amg T.R.RAMACHANDRAN NAIR,J. -------------------------------------- W.P.(C)No.24509 Of 2006 -------------------------------------- Dated this the 22nd day of February, 2011 J U D G M E N T The Petitioner is working as a Rubber Tapper in one of the Plantations under the 1st respondent University. It is stated that he is a permanent employee who entered service on 03-02-1993. 2. The Petitioner filed an application for appointment to the post of Tractor Driver pursuant to Ext.P1 circular issued by the University. When the application was proposed to be rejected this writ petition was filed. This Court by an interim order dated 20-09-2006 directed the Petitioner to be interviewed and he was also permitted to participate in the practical test provisionally. It is pointed out that subsequent to the finalization of the test and interview the petitioner was provisionally included in the select list as rank No.13. 3. Learned counsel for the Petitioner submitted that in similar circumstances this Court in W.P (C) No.31084/2008 held that the plantation workers are also entitled to apply for the post of pump operator and therefore the same reasoning will apply as far as the Petitioner herein is also concerned. In the said Judgment this Court in para 3 held that, “as already noticed going W.P.(C)No.24509 of 2006 -2- by Ext.P1 notification and Ext.P2 method of selection the categories eligible to be considered are Class-IV employees and permanent labourers of the University. The Respondents have no case that the Petitioners are not permanent labourers. However, the only objection that they have taken is that the Petitioners are plantation workers. Since the Petitioners are permanent workers they do not cease to be permanent workers of the University for the reason that they are working in the plantation of the University. Accordingly, it was held that the said persons are eligible for appointment as pump operator.” 4. Herein also the applications were invited from persons working as Class-IV/permanent workers. In that view of the matter the said reasoning will apply to the facts of this case and I respectfully agree with the same. 5. Therefore, the writ petition is allowed. The Petitioner's application will be treated as regular and valid and the Petitioner will be included on a regular basis in the select list published by the University. T.R.RAMACHANDRAN NAIR, JUDGE. Amg