IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WA.No.32 OF 2021
AGAINST THE ORDER IN WP(C) NO. 23/2021(C) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 PRASANTH M., AGED 38 YEARS
S/O.VELAYUDHAN.M., MARUTHADAN HOUSE,
MUNDUPARAMBA P.O.,
MALAPPURAM DISTRICT-676 509
2 MUHAMMED BINSHAD.K., AGED 28 YEARS
S/O. ABDUL AZEEZ.K., KANANGARI HOUSE,
THENJIPALAM P.O.,
MALAPPURAM DISTRICT-673 636
3 MUHAMMED SUNEER.E., AGED 35 YEARS
S/O. ABDUL AZEEZ.E., ELIKKOTTIL HOUSE,
KADANNAMANNA P.O., MANKADA,
MALAPPURAM DISTRICT-679 324
4 ABDUL WAHAB ODAKKAL, AGED 34 YEARS
S/O. MOHAMMED ALI ODAKKAL,
AREEKAD HOUSE,
CALICUT AIRPORT P.O.,
MALAPPURAM DISTRICT-673 647
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENTS/RESPONDENTS :
1 THE UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., MALAPPURAM, KERALA-673 635,
REPRESENTED BY ITS REGISTRAR
2 THE VICE CHANCELLOR,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
THENJIPALAM, MALAPPURAM DISTRICT-673 635
WA.No.32 OF 2021
2
3 THE SYNDICATE,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
THENJIPALAM, MALAPPURAM DISTRICT-673 635,
REPRESENTED BY ITS CHAIRMAN
4 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
THULASI HILLS, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695 004,
[email protected]
OTHER PRESENT:
SRI. P.C. SASIDHARAN, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.32 OF 2021
3
JUDGMENT
Shaffique, J The writ appeal has been filed challenging an interim order dated 05.01.2021. The relief sought for in the writ petition was to stay Exts.P12 and P15 and all further actions pursuant to the same. Ext.P12 is the extract of the urgent item of the minutes of the meeting of the Syndicate held on 30.12.2020, wherein they have decided to regularize contract/daily wage employees, who were working as gardener, room-boy, security guard, electricity worker, driver, programmer, pump operator, plumber etc., for the last ten years. Ext.P15 is the order issued by the University in compliance with Ext.P12.
2. It is submitted by the counsel for the appellant that the aforesaid orders are totally against the judgment of the Apex Court in Secretary, State of Karnataka v. Umadevi [(2006) 4 SCC 1].
3. We heard the learned counsel appearing for the University as well.
4. It is submitted that the learned single Judge had only observed that Exts.P12 and P15 will be subject to the WA.No.32 OF 2021 4 further orders in the writ petition and the matter is posted after three weeks, therefore, it is open for the petitioners to seek appropriate relief. That apart in appeal no specific relief had been sought for to stay Exts.P12 and P15. It is also brought to our notice that consequential orders pursuant to Ext.P15 has already been passed.
5. The writ petition concerns a major issue which requires to be addressed by the learned single Judge. Petitioners have approached the learned single Judge challenging Exts.P12 and P15 and also sought for a declaration that all vacancies in non-teaching posts in the University shall be filled up only through Kerala Public Service Commission. There cannot be any dispute about the fact that, when public employment is involved, necessarily the University will have to approach the Kerala Public Service Commission. As far as the contract employment is concerned, issue is virtually covered by judgment in Umadevi's case (supra) . Both sides probably relies upon Umadevi's case (supra) in order to challenge Ext.P12 and P15 and also to sustain the said order. We are of the view that this matter requires consideration by the learned single Judge. However, if the appointments are permitted WA.No.32 OF 2021 5 to be made pursuant to Exts.P12 and P15, it will be render substantial injustice to the persons waiting for public employment. Prima facie we are of the view that Exts.P12 and P15 ought to have been stayed. If at all the persons were regularised pursuant to Exts.P12 and P15, they shall continue in the manner in which they are working prior to Exts.P12 and P15. Under such circumstances, this appeal is disposed of as under :
(i) Exts.P12 and P15 shall remain
stayed until further orders are
passed by the learned single
Judge.
(ii) Parties shall approach the
learned single Judge for an
early hearing, if necessary.
Sd/-
A.M.SHAFFIQUE, JUDGE
sd/-
GOPINATH P., JUDGE
AMV/07/01/2021
WA.No.32 OF 2021
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE INTERIM ORDER DATED
07.08.2020 IN WA 1020/2020 PASSED BY THIS HON'BLE COURT ANNEXURE-A2 TRUE COPY OF THE JUDGMENT DATED 09.10.2020 IN WA 1020/2020 PASSED BY THIS HON'BLE COURT RESPONDENTS EXHIBITS : NIL TRUE COPY P.A.TO JUDGE