Kerala High Court
Mridhula V.S vs Kerala Agricultural University on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14303 OF 2024
PETITIONER:
MRIDHULA V.S
AGED 40 YEARS
W/O HARIDASAN, THAZHETHUPURAKKAL (H), VELLANISSERY,
MADAKKATHARA, THRISSUR DISTRICT, PIN - 680651
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, VELLANIKKARA,
THRISSUR, PIN - 680654
2 REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR, PIN - 680654
BY ADV
ADV M.V. ANANDAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14303 OF 2024
2
JUDGMENT
The petitioner, who had undergone training programme under the Agro Bio-Technology Agency for Rural Development (ABARD) under the 1st respondent University has approached this Court seeking the following reliefs:
"i. Issue a writ in the nature of mandamus commanding the respondents to grant appointment to the petitioner as a casual labourer in the University since similarly placed persons whose names are mentioned in Ext.P1 judgment are being given appointment as casual labourers in the university, within such time as may be fixed by this Hon'ble Court.
ii. Issue a writ in the nature of mandamus commanding the respondents to consider and pass orders on Ext.P6 and not to fill up the entire vacancies of casual labourers in the university without the petitioner being given appointment as a casual labourer since the petitioner is a similarly placed person to the persons mentioned in Ext.Pl who are given appointment as casual labourers, pursuant to Ext.P1. iii. issue such other orders, writs or directions as are deemed fit by this Hon'ble Court. iv. award cost of this proceedings to the petitioner.
v. dispense with filing of the translation of vernacular documents produced as Exhibits WP(C) NO. 14303 OF 2024 3 in the writ petition."
The writ petition was submitted, mainly placing reliance upon Exts.P1 and P3 judgments rendered by this Court, wherein similarly situated persons namely the persons who had undergone the training as mentioned above, were absorbed by the 1st respondent University as casual laborers. The learned Standing Counsel appearing for the University also submits that the petitioner is similarly situated person with that of Exts.P1 and P3. However, it was submitted that as of now there are no vacancies available to accommodate the petitioner.
However, considering the fact that, the similarly situated persons were already accommodated by the 1 st respondent University as casual laborers, I am of the view that, it is only proper that the claim of the petitioner is to be considered, subject to the availability of the vacancy. Therefore, this writ petition is disposed of directing the 1st respondent to consider Ext.P6 representation submitted by the petitioner and to provide engagement as casual laborer to her, subject to the availability of vacancy. The petitioner WP(C) NO. 14303 OF 2024 4 shall make available all the necessary documents indicating qualifications of the petitioner in original, before the 1st respondent.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 14303 OF 2024 5 APPENDIX OF WP(C) 14303/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN WA.NO.480/2013 DATED 20.01.2016 Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER DATED 05.12.2007 Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C).NO.40403/2023 DATED 02.02.2024 Exhibit P4 TRUE COPY OF THE JUDGMENT REPORTED IN 2014 KHC 4682 (STATE UTTARPRADESH AND OTHERS V. ARVIND KUMAR SRIVASTAVA AND OTHERS Exhibit P5 TRUE COPY OF THE DECISION REPORTED IN 2022 SCC ONLLINE SC 641 (RUSHIBHAI JAGDISHBHAI PATHAK V. BHAVNAGAR MUNICIPAL CORPORATION) Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.03.2024