Kerala Agricultural University ... vs R.Chandran
2021 Latest Caselaw 15904 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                          RP NO. 394 OF 2021
   JUDGMENT IN WP(C) 27057/2019 OF HIGH COURT OF KERALA, ERNAKULAM
                            DATED 15.2.2021
                         -------------------
REVIEW PETITIONERS :-

     1      KERALA AGRICULTURAL UNIVERSITY,
            REPRESENTED BY ITS REGISTRAR VELLANIKKARA,
            THRISSUR - 680 654.

     2      VICE CHANCELLOR
            KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,
            THRISSUR - 680 654.

     3      THE REGISTRAR
            KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR -
            680 654.

     4      GENERAL COUNCIL
            KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR -
            680 654
            REPRESENTED BY CHAIRMAN/VICE CHANCELLOR.

            BY ADV ROBSON PAUL


RESPONDENTS :-

     1      VINU S., AGED 31 YEARS
            S/O.SIVAN, KARTHIKA HOUSE, NELLIYAMPADAM, POLPULLY,
            P.O.PALAKKAD - 678 552.

     2      DHANEESH K.G.
            S/O.GOPI, KANJIRAPARAMBIL HOUSE, ENAMAKKAL P.O.,
            THRISSUR - 680 510.

     3      PRIYESH N.P.
            S/O.KUNJIRAMAN, OLAKKARAN HOUSE, VELLUR P.O., PAYANNUR,
            KANNUR DISTRICT - 670 346.

      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.08.2021
ALONG WITH RP No.403/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP NOS.394 & 403 OF 2021

                                  -: 2 :-


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                          RP NO. 403 OF 2021
   JUDGMENT IN WP(C) 18813/2020 OF HIGH COURT OF KERALA, ERNAKULAM
                            DATED 15.2.2021
                         -------------------
REVIEW PETITIONERS :-

     1      KERALA AGRICULTURAL UNIVERSITY
            KERALA AGRICULTURAL UNIVERSITY POST - 680 564,
            VELLANIKKARA, THRISSUR REPRESENTED BY ITS REGISTRAR.

     2      THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY,
            KAU POST, VELLANIKKARA, THRISSUR - 680 564,
            REPRESENTED BY THE VICE CHANCELLOR.

     3      THE REGISTRAR
            KERALA AGRICULTURAL UNIVERSITY, KAU POST, VELLANIKKARA,
            THRISSUR - 680 564.

     4      THE ASSOCIATE DIRECTOR OF RESEARCH
            REGIONAL AGRICULTURAL RESEARCH STATION, P.O.AMBALAVAYAL,
            WAYANAD - 673 576.

            BY ADV ROBSON PAUL


RESPONDENTS :-

     1      R.CHANDRAN
            LABOURER, REGIONAL AGRICULTURAL RESEARCH STATION,
            AMBALAVAYAL P.O., RESIDING AT EDAKKAL COLONY,
            AMBAKAVAYAL P.O., WAYANAD - 673 593.

     2      P.JAYAPRAKASH
            AMINCHERIYIL HOUSE, NARIKKUND P.O., AMBALAVAYAL,
            WAYANAD - 673 593.

     3      VINEETH B.S., AGED 30 YEARS
            S/O.BHAVAN CHANDRAN, ZION KUNNU, K.S.ROAD, KOVALAM P.O.,
            THIRUVANANTHAPURAM - 695 027.
      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.08.2021
ALONG WITH R.P.No.394/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP NOS.394 & 403 OF 2021

                                   -: 3 :-


                               JUDGMENT

[R.P.No.394/2021 and 403/2021] Dated this the 2nd day of August, 2021

These review petitions are filed on the following contentions :-

"The matter in issue relates to the recruitment to the posts of Class IV. The rank list for appointment of Class IV by direct recruitment was published by the University as Exhibit P1. Total cadre strength of Class IV employees in the University is 271. As per the KAU Statute, 50% of the vacancies in the post of Class IV shall be filled by direct recruitment and 50% of the vacancies by appointment from among permanent labourers and plantation workers of the University."

It is submitted that out of cadre strength of 271, 34 posts had been

abolished by Exts.R1(i) and R1(j) orders and that only the

remaining cadre strength was liable to be taken into account for

apportionment in the ratio of 50:50 between direct recruits and

temporary employees. The learned counsel appearing for the

review petitioners submits that such a ground was specifically

taken in the counter affidavit filed on behalf of the respondents and

the directions issued by this Court are, therefore, incorrect.

2. I have considered the contentions advanced. The

statement in the counter affidavit as relied on by the learned

counsel for the review petitioners is as follows :- RP NOS.394 & 403 OF 2021

"12. The averments contained in para 8 in the Writ Petition are not correct and hence denied by the respondents. The cadre strength of Class-IV employees in Kerala Agricultural University is

271. As per KAU Statute 50% of the vacancies is to be filled by direct recruitment and 50% from among permanent labourers and plantation workers. As per KS&SSR General Rule 5 Note 3, whenever a ratio or percentage is fixed for different method of recruitment/appointment to a post the number of vacancies to be filled up by candidates from each method shall be decided by applying the fixed ratio or percentage to the cadre strength of the post to which the recruitment or transfer is made and not to the vacancies existing at that time. Accordingly 50% of the total cadre strength of the post of Class IV shall be filled by direct recruitment and 50% of 271 is by internal selection from among permanent labourers and plantation workers of KAU ie., 136 post is to be filled by direct recruitment and 135 is by internal selection. True copy of the KS&SSR General Rule 5 Note 3 is produced as Exhibit R3(g).

13. The averments contained in para 9 in the writ petition are not correct and hence denied by the respondents. For the direct recruitment of Class-IV, a rank list was published on 06.10.2018 and its validity is 3 years up to 05.10.2021. Class-IV appointments were made only through internal selection till 2018. When an employee selected through direct recruitment/internal selection, retires or is relieved, a vacancy occurs in that category. There is an interim order dated 24.10.2019 of Hon'ble High Court in IA Nos.1 & 2 in WP(C) No.27057/2019 filed by Sri Vinu S & others, directing the University not to fill up the vacancy which is earmarked for direct recruitment by promoting permanent labourers of the University. True copy of the Hon'ble High Court order dated 24.10.2019 is produced herewith as Exhibit R3(h). The internal selection to Class IV post was halted due to the above interim order of the Hon'ble High Court. Leave of the Hon'ble RP NOS.394 & 403 OF 2021

Court is necessary for resuming the appointment by internal selection. It is also to be noted that ICAR had withdrawn 16 teaching post and 39 non-teaching post which include 9 Class-IV post from various External Aided Projects (EAP) under KAU w.e.f.01.04.2018. Accordingly, University has issued order No.GA/J1/4643/2018 dated 27.03.2018 withdrawing the said post from various stations under the University w.e.f 31.03.2018 AN. True copy of the University order dated 27.03.2018 is produced as Exhibit R3(i). It is pertinent to note that the 566 th meeting of the Executive Committee held on 11.04.2018 decided to set apart 34 temporary post of Class-IV in External Aided Projects out of the 125 vacancy of Class IV for direct recruitment in order to avoid throwing out of the candidates, if their posts are withdrawn by the funding agency later. True copy of the extract of the 566 th meeting of EC is produced as Exhibit R3(j)."

3. I notice that the documents relied on, which are

Exts.R1(i) and R1(j) respectively, are dated 27.3.2018 and

17.4.2018. The posts referred to in the said documents also would

not total to 34. In any view of the matter, it is clear from the

records that even after Exts.R1(i) and R1(j) documents referred to

by the learned counsel for the review petitioners, Ext.P4

proceedings had been issued by the Kerala Agricultural University

by proceedings dated 26.8.2020 specifically showing the cadre

strength of Class-IV employees in the University. The date of

fixation of cadre strength, going by Ext.P4 is 1.7.2020 and the RP NOS.394 & 403 OF 2021

cadre strength fixed is 271. It was the specific case of the parties

before this Court that the cadre strength was 271. The contention

now raised that 34 posts out of 271 had been abolished by

Exts.R3(i) and R3(j) is, therefore, completely untenable and cannot

be accepted.

In the above view of the matter, there is no error

apparent vitiating the judgment. The review petitions fail and the

same are, accordingly, dismissed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.8.2021 RP NOS.394 & 403 OF 2021

APPENDIX OF RP 394/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE WP(C) NO.27057 OF 2019.

Annexure A2 TRUE COPY OF THE I.A.NO. /2020 IN WP(C) NO.27057/2019 PETITION DATED 19/08/2020.

Annexure A3 TRUE COPY OF THE COUNTER AFFIDAVIT IN IA NO. / 2020 IN WP(C) NO.27057/2019.

Annexure A4 TRUE COPY OF THE WP(C) NO.18813 OF 2020.

Annexure A5 TRUE COPY OF THE COUNTER AFFIDAVIT WP(C) NO.18813/2020.

Annexure A6 TRUE COPY OF THE HON'BLE HIGH COURT ORDER DATED 17/11/2020 IN WA NO.1476/2020.

RP NOS.394 & 403 OF 2021

APPENDIX OF RP 403/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE WP(C) NO.18813 OF 2020.

Annexure A2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN 18813 OF 2020.

Annexure A3 TRUE COPY OF THE WP(C)27057/2019.

Annexure A4 TRUE COPY OF THE I.A.No. /2020 IN WP(C) 27057/ 2019.

Annexure A5      TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN IA
                 No.    /2020 IN WP(C)270574/2019.