Biju.S vs The Kerala Agricultural ...
2021 Latest Caselaw 3161 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.26841 OF 2017(E)


PETITIONER/S:

      1         BIJU.S
                S/O.SOMAN NADAR, AGED 38 YEARS, VALIYAVILA VEEDU,
                PALAPPURU, VELLAYANI, P.O.KALLIYOOR VILLAGE,
                TRIVANDRUM DISTRICT.

      2         SAJU C.S.
                S/O.SELVANESAN, SOUMYA BHAVAN, KADUKKARATHALAMELE,
                KURANDIVILA, NARUVAMOODU P.O., PALLICHAL VILLAGE,
                TRIVANDRUM DISTRICT.

                BY ADVS.
                SRI.K.R.AVINASH (KUNNATH)
                SRI.ABDUL RAOOF PALLIPATH

RESPONDENT/S:

      1         THE KERALA AGRICULTURAL UNIVERSITY
                MAIN CAMPUS, VELLANIKKARA, THRISSUR-680656,
                REPRESENTED BY ITS REGISTRAR.

      2         THE PROFESSOR AND HEAD
                KERALA AGRICULTURAL UNIVERSITY INSTRUCTIONAL FARM,
                VELLAYANI, TRIVANDRUM-695222.

      3         THE STATE OF KERALA
                REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
                AGRICULTURE, SECRETARIAT, TRIVANDRUM-695001.

      4         ADDL.R4 MANIKANTAN V
                ELANKAMVILA VEEDU, PALAPURU, VELLAYANI PO,
                TRIVANDRUM-695522.

      5         ADDL.R5 ARUNKUMAR T K
                CHNNANAKUZHI, THOTTARUKATHUVEEDU, KANDALA PO,
                TRIVANDRUM-685512.

      6         ADDL.R6 SUDHEENDRAN S
                KODUMOOLA THALATHATTUVEEDU, VENNIYUR, NELLIVILA PO,
                TRIVANDRUM DISTRICT-695523. (ADDL.R4 TO R6 IMPLEADED
                AS PER ORDER DATED 14/01/2019 IN IA.NO.01/2018)
 WP(C).No.26841 OF 2017(E)

                               2



             R1-2 BY SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
             UNIVERSITY
             R3 BY GOVERNMENT PLEADER
             R4-6 BY ADV. SRI.SAJU JOHN
             R4-6 BY ADV. SRI.JELSON J.EDAMPADAM

OTHER PRESENT:

             GP- SRI.HARISH KUMAR, SC,KER AGRI UTY- SRI.ROBSON
             PAUL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26841 OF 2017(E)

                                3



                            JUDGMENT

Dated this the 28th day of January 2021

The petitioners are persons who are included in Ext.P1

select list for filling up the Post of Casual Labours in

pursuance to a notification, for the 2 nd respondent Farm

under the 1st respondent University. It is submitted that the

petitioners who secured Rank Nos.121 and 124 respectively

belongs to Hindu Nadar Community. The grievance of the

petitioners in this writ petition is non-compliance of the

provisions of Rule 14 of Part II of the Kerala Service Rules.

2. On perusal of the pleadings it is evident that the

rank list was published on 5.2.2014 and its validity expired

after three years ie.13.4.2017, whereas the present writ

petition has been filed on 8.8.2017. The law with regard to

the validity of the rank list and its challenge beyond the

period of limitation is no longer res integra in view of the

judgment of this Court in Unnikrishnan Nair G.S. And

Others v. State of Kerala & Others [2019 (1) KLT 896]. WP(C).No.26841 OF 2017(E)

The aforementioned position of law has not been

disputed by the learned Counsel for the petitioners. In that

view of the matter, I do not find any merit in this writ

petition. The writ petition is dismissed.

                                                   Sd/

                                              AMIT RAWAL

Jm/                                               JUDGE
 WP(C).No.26841 OF 2017(E)





                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1-          TRUE COPY OF THE CASUAL LABORER SELECT LIST
                     (MEN).

EXHIBIT P2-          TRUE COPY OF THE ROTATION CHART.