Kerala High Court
Vinu S vs Kerala Agricultural University on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.27057 OF 2019(F)
PETITIONERS:
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.
BY ADVS.
DR.GEORGE ABRAHAM
SHRI.JOBY D JOSEPH
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR VALLANIKKARA, THRISSUR
680 654.
2 VICE CHANELLOR,
KERALA AGRICULTURAL UNIVERSITY, VALLANIKKARA,
THRISSUR 680 654.
3 THE REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY, VALLANIKKARA,
THRISSUR 680 654.
4 GENERAL COUNCIL,
KERALA AGRICULTURAL UNIVERSITY, VALLANIKKARA,
THRISSUR 680 654.
REPRESENTER BY CHAIRMAN/VIC CHANCELLOR.
R1 BY SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-
02-2021, ALONG WITH WP(C).18813/2020(B), THE COURT ON 15-02-2021
DELIVERED THE FOLLOWING:
W.P.(C).Nos.27057/19 & 18813/20
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.18813 OF 2020(B)
PETITIONERS:
1 R. CHANDRAN
LABOURER, REGIONAL AGRICULTURAL RESEARCH
STATION, AMBALAVAYAL P. O., RESIDING AT EDAKAL
COLONY, AMBALAVAYAL P. O., WAYANAD.
2 P. JAYAPRAKASH
AMINCHERIYIL HOUSE, NARIKKUNDU P. O.,
AMBALAVAYAL, WAYANAD.
BY ADV. SRI.P.V.JAYACHANDRAN
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY,
KERALA AGRICULTURAL UNIVERSITY POST - 680 654.,
VELLANIKKARA, THRISUR, REPRESENTED BY ITS
REGISTRAR.
2 THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL
UNIVERSITY
KAU P. O., VELLANIKKARA, THRISSURE - 680 654,
REPRESENTED BY THE VICE CHANCELLOR.
3 THE REGISTRAR
KERALA AGRICULTURAL UNIVERSITY, KAU POST,
VELLANIKKARA, THRISSUR - 680 654.
4 THE ASSOCIATE DIRECTOR OF RESEARCH
REGIONAL AGRICULTURAL RESEARCH STATION, P. O.
AMBALAVAYAL, WAYANAD - 673 576.
W.P.(C).Nos.27057/19 & 18813/20
3
5 ADDL R5, VINEETH B.S,
AGED 30 YEARS
S/O.BHAVAN CHANDRAN,
ZION KUNNU, K.S.ROAD, KOVALAM P.O,
THIRUVANANTHAPURAM.
ADDL R5 IMPLEADED AS PER ORDER DATED 26-11-2020
IN IA 1/2020.
R1-4 BY SRI.ROBSON PAUL, SC, KERALA
AGRICULTURAL UNIVERSITY
R5 BY ADV. GEORGE ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08-02-2021, ALONG WITH WP(C).27057/2019(F), THE COURT ON
15-02-2021 DELIVERED THE FOLLOWING:
W.P.(C).Nos.27057/19 & 18813/20
4
JUDGMENT
W.P.(C).Nos.27057 of 2019 & 18813 of 2020
= = = = = = = = = = = = = = = =
Dated this the 15th day of February, 2021
1. W.P.(C).No.27057 of 2019 is filed by persons selected by the 1 st
respondent University for appointment to the post of Class IV
employees by direct recruitment. It is stated that on
14.8.2008, a notification was issued by the 1 st respondent
University for selection to the post of Class IV employees.
Exhibit P1 ranked list was prepared thereafter after 11 years.
A decision was taken to effect appointments to the existing
vacancies of Class IV employees from the ranked list. It is
submitted by the learned counsel for the petitioners that the
petitioners are included in Exhibit P1 ranked list and that they
are eligible to be appointed against 50% of the vacancies of
Class IV employees in the University. It is stated that the
method of appointment of Class IV employees is 50% by direct
recruitment and 50% by appointment from among the
permanent labourers and plantation workers under the
University. It is submitted that the dispute is only with regard
to working out the quota as against the existing posts. It is
W.P.(C).Nos.27057/19 & 18813/20
submitted that the cadre strength of Class IV employees in the
Kerala Agricultural University is 271. It is stated that if that
be so, 50% of those vacancies are liable to be filled up from
Exhibit P1 ranked list.
2. The contention in W.P.(C).No.18813 of 2020 is that the
petitioners, who are casual workers in Agricultural farms
under the 1st respondent and have undergone a due process of
selection, are eligible for appointment against 50% of the
vacancies.
3. A counter affidavit has been placed on record by the Kerala
Agricultural University. It is admitted therein that the cadre
strength of the Class IV employees in the University is 271. it
is contended that 36 appointments have been made under the
die-in-harness scheme. The Government had specifically
ordered that the said compassionate appointments are to be
adjusted as against the direct recruitment quota. It is,
therefore, contended that deducting the 36 die-in-harness
appointments from the direct recruitment quota there will only
W.P.(C).Nos.27057/19 & 18813/20
be 99 vacancies to be filled up by direct recruitment and the
remaining are to be filled up by permanent workers and
plantation workers under the University.
4. I have considered the contentions advanced on all sides. The
learned counsel for the petitioners in W.P.(C).No. 27057/2019
would contend that where a quota is ear-marked for
appointment from two categories, it has to be applied as
against the cadre strength as available in the establishment.
It is stated that Exhibit P11, which is the order promulgating
the scheme for compassionate appointment in the Government
has been considered by this Court in Exhibit P12 judgment
and it has been clearly held that even if the order states that
the quota for compassionate appointment has to be carved out
from the seats available for direct recruitment, such modus
operandi would be impossible in the light of the decision of a
Full Bench of this Court in State of Kerala v. Sreekantan
[1993 (1) KLT 107]. The Full Bench had categorically held
that where there is a quota fixed for two methods of
appointment, special recruitment, sports quota and
W.P.(C).Nos.27057/19 & 18813/20
compassionate appointments are to be first carried out and it
is to the remaining number of posts that the ratio is to be
applied. It was, therefore, held that the number of the special
recruits or appointees under the dying-in-harness scheme as
also sports quota recruits would have to be deducted from the
total number of posts so as to determine the number of posts
available and quota has to be applied against such balance
number of posts. If that be so, the 36 compassionate
appointments have to be deducted from the 271 vacancies
available in the University and the 1:1 quota between direct
recruits and labourers has to be operated against the 235
posts. If that be so, 117 posts are liable to be filled up by
direct recruits from Exhibit P1 list and 116 from the list for
the promotees, which is the second method of appointment. If
the contention of the respondents is accepted, there would be
no 1:1 ratio , since direct recruitment could be made only
against 99 vacancies while appointment from among
permanent labourers could be made against 135 vacancies.
That apparently is not in satisfaction of the 1:1 ratio provided
for filling up of the vacancies of Class IV employees. In the
W.P.(C).Nos.27057/19 & 18813/20
above view of the matter, the contention of the University that
the 36 compassionate appointments are to be adjusted against
the direct recruitment quota is completely unsustainable.
5. There will accordingly be a direction to the respondents to
make appointments from the list prepared for direct
recruitment and the list for appointment from permanent
employees, plantation labourers in the University in the ratio
1:1 out of the 235 posts available in the University. Resultantly,
half of the posts available are liable to be filled up by direct
recruitment from the list produced as Exhibit P1 in W.P.
(C).No.27057 of 2019 and the remaining vacancies are to be
filled up from the list of permanent labourers prepared by the
University. Appropriate steps shall be taken to make the
appointments within a period of three weeks from the date of
receipt of a copy of this judgment.
The writ petitions are ordered accordingly.
Sd/-
Anu Sivaraman, Judge
sj
W.P.(C).Nos.27057/19 & 18813/20
APPENDIX OF WP(C) 27057/2019
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF RANK LIST FOR THE POST OF
CLASS IV EMPLOYEES UNDER THE KERALA
AGRICULTURAL UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE INFORMATION OBTAINED
UNDER THE RTI ACT FROM THE UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
15/10/2018 SUBMITTED BY SMT. K.P.
KARTHIYANI UNDER RTI ACT.
EXHIBIT P4 TRUE COPY OF THE INFORMATION PROVIDED
ON 23/10/2018 BY THE REGISTRAR.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE
KERALA AGRICULTURE UNIVERSITY DATED
30/6/2019.
EXHIBIT P6 TRUE COPY OF THE LIST OF CANDIDATES
WITH CLASS IV EMPLOYEES WORKING WITH
THE KERALA AGRICULTURAL UNIVERSITY.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE KERALA PUBLIC SERVICE COMMISSION
DATED 16/11/2018.
EXHIBIT P8 A COPY OF INTERIM ORDER PASSED IN
WPC.NO.12095/2019.
EXHIBIT P9 A COPY OF ORDER DATED 21/10/2019.
EXHIBIT P10 TRUE COPY OF NOTIFICATIONDATED
22.10.2009
EXHIBIT P11 TRUE COPY OF GOVERNMENT ORDER VIZ.
GO(P) nO. 12/99/P & ARD DATED 24.051999
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC. NO.
31267/2004 DATED 10.04.2007
W.P.(C).Nos.27057/19 & 18813/20
EXHIBIT P13 TRUE COPY OF THE LIST OF EMPLOYEE.
RESPONDENT'S EXHIBITS
ANNEXURE R1(A) TRUE COPY OF THE UNIVERSITY NOTIFICATION
DATED 14.6.2008
ANNEXURE R1(B) TRUE COPY OF THE GOVERNMENT ORDER DATED
24.5.1999
W.P.(C).Nos.27057/19 & 18813/20
APPENDIX OF WP(C) 18813/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER
NO.GA/F2/25560/2008 DATED 25.09.2009.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.C2053/89
DATED 01.10.2009.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION
NO.GA/E3/16130/91 DATED 14.06.2008.
EXHIBIT P4 TRUE COPY OF THE ORDER
NO.GA/JI/4414/2017 DATED 26.08.2020.
EXHIBIT P5 TRUE COPY OF THE DOCUMENT DATED NIL.
TRUE COPY
PS TO JUDGE
