Mohammed Althaf M.P vs Administrative Of The Union ...
2021 Latest Caselaw 15179 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                     WP(C) NO. 1627 OF 2020
PETITIONERS :-

    1     MOHAMMED ALTHAF M.P.,
          S/O. JAMAL P.V.P., MAYAMPOKKADA HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    2     SAYYED MADANI.K.,
          S/O. SHAIKOYA THANGAL.P.P.,KANDETH HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    3     S.M.SHIHABUDHEEN THANGAL.K.,
          S/O. SHAIKOYA THANGAL.P.P., KANDETH HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    4     MOHAMMED SAYYID SINAN KANDETH,
          S/O. SHAIKOYA THANGAL.P.P., KANDETH HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    5     SIDDIQUE MODIYATHODA
          S/O. KIDAV.K., MODIYATHODA HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    6     MOHAMMED SHAKEER.M.,
          S/O. KUNHISEETHI.M.P., MAKKET HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    7     NALLAKOYA PCP
          PUTHIYA CHETTAPOKADA HOUSE, ANDROTH ISLAND,
          LAKSHADWEEP

    8     MOHAMMED MUKBEEL.K.K.
          S/O.KOYAMMAKOYA.V.K., KERAKKADA HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

    9     RAULATH BEEGUM P.A.P
          D/O. KUNHIKOYA N.P., PUTHIYA PENTAMVALI HOUSE,
          ANDROTH ISLAND, LAKSHADWEEP

          BY ADV SRI. AJMAL V. A.
 WP(C) NO. 1627 OF 2020

                              -: 2 :-


RESPONDENTS :-

     1      ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP
            KAVARATTI, REPRESENTED BY THE ADMINISTRATOR,
            PIN-682 555

     2      DIRECTOR OF PANCHAYATHS,
            DEPARTMENT OF PANCHAYATS,
            ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP,
            KAVARATTI-682 555

     3      DIRECTOR OF AGRICULTURAL SERVICES,
            DEPARTMENT OF AGRICULTURAL SERVICE,
            ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP,
            KAVARATTI-682 555

     4      ANDROT VILLAGE (DWEEP) PANCHAYATH,
            ANDROT-682 556, REPRESENTED BY EXECUTIVE OFFICER

           BY ADV SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION
           TERRITORY OF LAKSHADWEEP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1627 OF 2020

                                  -: 3 :-


                              JUDGMENT

Dated this the 20th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"1. To issue a writ of certiorari or any other appropriate writ to set aside/quash Exhibit P2 order.

2. To declare that the disengagement of the petitioners by the 2nd respondent not in accordance with the prescribed procedure established under the scheme.

3. To declare that the petitioners are eligible to continue in service until the respondents complied with the Exhibit P2 and P3 judgments in its proper sense.

4. To direct the respondents to reinstate the petitioners in their employment and allow them to continue in their services."

2. When the matter was taken up today, there was no

representation on behalf of the petitioners. I notice that on the two

previous occasions also, that is, on 11.2.2020 and again on 30.6.2021

when the matter was posted, there was no representation.

3. A statement has been placed on record by respondents 1 to

3 pointing out that as per the existing policy, the labourers are

appointed on rotation on the basis of the labour roster and those have

completed 89 days of service are disengaged without any further

notice and other persons whose names are included in the roster are WP(C) NO. 1627 OF 2020

appointed in their turn. It is submitted that steps are being taken for

introducing a software for registration of labourers and the

maintenance of labour registers by the Village (Dweep) Panchayat. It

is submitted that without disengaging the existing casual labourers,

the next group cannot be appointed and that this system has been in

operation in the department as a result of a policy decision for

engaging labourers. It is further submitted that the legality of the

scheme was called into question before this Court and by judgment in

W.P.(C) No.5289/2015 and 26748/2020 the aspect was considered

and the scheme has been upheld by this Court.

In the above view of the matter, I am of the opinion that

the prayer sought for in the writ petition cannot be granted. The writ

petition is accordingly, dismissed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/26.7.2021 WP(C) NO. 1627 OF 2020

APPENDIX OF WP(C) 1627/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SCHEME FORMULATED BY THE SECRETARY OF PANCHAYAT,IE., ORDER F NO.5/8/14-DOP DATED 12.02.2015 ISSUED BY THE DIRECTOR OF PANCHAYAT, ADMINISTRATION OF U.T OF LAKSHADWEEP, KAVARATTI

EXHIBIT P2 TRUE COPY OF THE MESSAGE (F.NO.33/05/2019-AGRI) FROM DIRECTOR OF AGRICULTURE,UTL,KAVARATTI TO THE AGRICULTURAL OFFICER, AGRICULTURAL UNIT, ANDROTT DATED 12.12.2019

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P(C) NO.5541/2015 DATED 21.01.2019

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P(C) NO.5289/2015 DATED 20.08.2018