Kerala High Court
Friday vs For Information Purpose Only on 12 March, 2021
WP(C) 5487/2021 1/9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday,the 12th day of March 2021/21st Phalguna, 1942
WP(C) No.5487/2021(I)
PETITIONERS
1.
For information purpose only
VISHNU S,AGED 32 YEARS
S/O. SURENDRAN, LAVANYA HOUSE, NELLIMUKKAL P.O., ADOOR,
PATHANAMTHITTA-691 551
2. MUFEED SHAH.P.P.,
S/O. MUHAMMED P.P, ANUGRAHAM MADATHIL HOUSE, VAZHAYOOR
KARADU PARAMBU, MALAPPURAM-673 632
3. JYOTHI LAKSHMI.S.,
D/O. SANKARA NARAYANAN NAIR, CHAKKALAKKAL, ANTHINAD HOUSE,
PALA, KOTTAYAM-686 651
4. PRAVEEN.K.,,AGED 26 YEARS
S/O. SUDHAKARAN, KUNNAMKULATH HOUSE, CHAKKALAKUTHU,
NILAMBUR P.O., MALAPPURAM-679 329
5. ABDUL VAHID.M.,
S/O. NOORUDHEEN, MEKKATAYIL POYILU THODI, CHELAMBRA,
MALAPPURAM-673 634
6. JASSAR.P.V.,
S/O. RAYINKUTTY, ALUMKUZHIYIL HOUSE, PUTHOOR PALLIKKAL P.O.,
MALAPPURAM-673638
RESPONDENTS
1. THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 0202101
2. THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF INFORMATION AND TECHNOLOGY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
3. THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF LOCAL SELF DEVELOPMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
4. THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
5. THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF SOCIAL JUSTICE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
6. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT,
WP(C) 5487/2021 2/9
THIRUVANANTHAPURAM-695 001
7. THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
8. THE SECRETARY TO THE GOVERNMENT,
THE DEPARTMENT OF WOMEN AND CHILD WELFARE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
9. THE SECRETARY TO THE GOVERNMENT,
For information purpose only
THE DEPARTMENT OF PLANNING AND FINANCIAL AFFAIRS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
10. THE CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY (C-DIT),
CHITHRANGALI HILLS, THIRUVALLAM P.O.,
THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING
DIRECTOR
11. KERALA INSTITUTE OF LABOUR AND EMPLOYMENT (KILE),
4THF LOOR, THOZHIL BHAVAN, VIKAS BHAVAN.P.O.,
THIRUVANANTHAPURAM-695 033, [email protected]
REPRESENTED BY ITS MANAGING DIRECTOR
12. THE FOREST INDUSTRIES (TRAVANCORE)LIMITED ,
(FIT) CHOORNIKKARA, ALUVA, ERNAKULAM DISTRICT-683 501,
REPRESENTED BY ITS MANAGING DIRECTOR
13. THE KERALA BUREAU OF INDUSTRIAL PROMOTION ,
(K-BIP) NO.2, VIDHYA NAGAR P.O., OPP.POLICE GROUND, THYCAUD,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS MANAGING
DIRECTOR
14. KERALA STATE ELECTRONIC DEVELOPMENT CORPORATION LIMITED
(KELTRON)
KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS MANAGING DIRECTOR
15. THE NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE
(NCRMI)
KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043, REPRESENTED
BY ITS MANAGING DIRECTOR
16. THE STATE COUNCIL FOR OPEN AND LIFE LONG EDUCATION (SCOL
KERALA),
VIDYA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM-695 012
REPRESENTED BY ITS MANAGING DIRECTOR
17. THE KERALA STATE HORTICULTURE PRODUCTS DEVELOPMENT
CORPORATION ,
(HORTICORP),NEAR DOORDARSAN KENDRA, KAKKANAD, ERNAKULAM
DISTRICT-682 030, REPRESENTED BY ITS MANAGING DIRECTOR
18. THE KERALA STATE WOMEN'S COMMISSION,
PMG ,PATTOM, P.O. PALAYAM, THIRUVANANTHAPURAM-695 004,
WP(C) 5487/2021 3/9
REPRESENTED BY ITS SECRETARY
19. THE KERALA STATE REMOTE SENSING AND ENVIRONMENTAL
CENTRE(KSREC)
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG ,
THIRUVANANTHAURAM-695 033, REPRESENTED BY ITS DIRECTOR
20. LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY THE DIRECTOR
21. For information purpose only
THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM-695 003,REPRESENTED BY ITS
SECRETARY
22. SHINY.D.S.
PROGRAMMER, CENTRE FOR DEVELOPMENT OF IMAGING
TECHNOLOGY (C-DIT), CHITHRANJALI HILLS, THIRUVALLAM P.O.,
THIRUVANANTHAPURAM-695 001
23. BINDU.V.K.
ASSISTANT GRADE, KERALA INSTITUTE OF LABOUR AND EMPLOYMENT
(KILE), 4TH FLOOR, THOZHIL BHAVAN, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695 033
24. PRABHA DEVI.M.S.,
GENERAL HELPER (UNSKILLED),FOREST INDUSTRIES (TRAVANCORE)
LIMITED (FIT), CHOORNIKKARA, ALUVA, ERNAKULAM DISTRICT-683 501
25. RAVEENDRAN C.,
OFFICE ATTENDANT., THE KERALA BUREAU OF INDUSTRIAL
POMOTION (K-BIP) NO2, VIDHYA NAGAR P.O., OPP POLICE GROUND,
THYCAUD, THIRUVANANTHAPURAM-695 014
26. SHEEBA MADHU
WORKING IN KERALA STATE ELECTRONIC DEVELOPMENT
CORPORATION LIMITED (KELTRON), KELTRON HOUSE,
VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033
27. PRASANTH.V.,
PEON, NATIONAL COIR RESEARCH AND MANAGEMENT INSTITUTE
(NCRMI) KUDAPPANKUNNU, THIRUVANANTHAPURAM-695 043
28. GREESHMA.R.
RESIDING AT GAYATHRI, CHAVARA BRIDGE P.O., CHAVARA,
KOLLAM-691 583
29. K.S.SAJAYAKUMAR,
DRIVER, HORTICORP, NEAR DOORDARSAN KENDRA, KAKKANAD,
ERNAKULAM DISTRICT-682 030
30. SREEJITH.V.,
DRIVER,KERALA STATE WOMEN'S COMMISSION, PMG, PATTOM,
P.O.PALAYAM, THIRUVANANTHAPURAM-695 004
31. BINU.G.K.,
WP(C) 5487/2021 4/9
OFFICE ASSISTANT, KERALA STATE REMOTE SENSING AND
ENVIRONMENTAL CENTRE (KSREC), 1ST FLOOR, VIKAS BHAVAN, NEAR
LEGISLATIVE ASSEMBLY., UNIVERSITY OF KERALA SENATE HOUSE
CAMPUS, PMG, THIRUVANANTHAPURAM-695 033
Writ Petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to
1) stay the operation of Exhibits P5 to P15 orders, pending disposal of the writ
For information purpose only
petition
2) pass an order directing that the temporary/contract employees' regularised
through Exhibits P5 to P15 will continue on temporary/daily wage basis, pending
disposal of the Writ Petition.
3) pass an order directing respondents 1 to 19 to make all temporary
appointments by making appointments from the rank list prepared by the 20th
respondent based on the qualification and eligibility ignoring Exhibit P5 to P15
orders pending disposal of the Writ Petition.
This petition again coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and this court's order dated 04-03-2021
upon hearing the arguments of M/S NISHA GEORGE, A.L.NAVANEETH
KRISHNAN, GEORGE POONTHOTTAM (SR.), Advocates for the petitioners,
SRI.K.V.SOHAN, STATE ATTORNEY for R1 to R9 (B/O), SRI.S.RAMESH,
ADVOCATE FOR R10 (B/O), SRI.SRI.M.K.THAKAPPAN STANDING COUNSEL
FOR R12 (B/O), SMT.LATHA ANAND, STANDING COUNSEL for R13
(B/O),SMT.M.A.ZOHRA ADVOCATE FOR R14, SRI.P.RAMAKRISHANAN,
ADVOCATE for R15 (B/O), SRI.P.C.SASIDHARAN,STANDING COUNSEL FOR R16
AND R21 (B/O) ,SRI.ASWIN SETHUMADHAVAN, ADVOCATE FOR R17
(B/O),SMT.A.PARVATHY MENON ,ADVOCATE FOR R18 (B/O),
SRI.VISHNU.S.CHEMPAZHANTHIYIL ADVOCATE FOR R19
(B/O),SMT.SHAMEENA SALAHUDHEEN ADVOCATE FOR R20 (B/O),AND
SRI.ARAVINDAKSHAN PILLAI,ADVOCATE FOR R22 ((B/O) the court passed the
following.
DEVAN RAMACHANDRAN, J.
--------------------------------------------------
W.P.(C) No.5487 of 2021
--------------------------------------------------
Dated this the 12th day of March, 2021
For information
O R D E purpose
R only
The learned State Attorney - Sri.K.V.Sohan,
on behalf of respondents 1 to 9, submitted that
the vacancies mentioned in Exts.P5 to P15 are not
ones which are to be filled up by the Kerala
Public Service Commission (PSC); and that it is
therefore, that the Government had permitted the
various organisations/entities involved in this
case to regularise persons in their services, who
had been working for long years of time.
2. Sri.K.V.Sohan submitted that he will file
a detailed counter affidavit in this matter,
explaining the case of each individual
organisation/entity involved in this case and
prayed that this matter be called after few weeks.
3. Today, Sri.M.K.Thankappan for respondent
No.12; Smt.Latha Anand for respondent No.13;
W.P.(C) No.5487 of 2021
Sri.P.Ramakrishnan for respondent No.15 and
Sri.Aravindakshan Pillai for respondent No.22,
For information purpose only
entered appearance and sought time to file counter
pleadings.
4. The various other learned counsel
appearing for the organisations/entities involved
also prayed that they be given time to file
counter pleadings, but asserting that the posts in
question are not ones that are to be filled up
through the Kerala Public Service Commission.
5. Sri.George Poonthottam - learned Senior
Counsel appearing for the petitioners, brought to
my notice that a learned Division Bench of this
Court has delivered a judgment in Joy Joseph v.
Institute of Human Resources [2021 (2) KLT 309],
deprecating the action of the Government/its
departments/Statutory Bodies, including Local Self
Government Institutions/Government Companies/
Statutory Corporations and such other
Organizations where the Government has "deep and
W.P.(C) No.5487 of 2021
Pervasive State Control" from regularizing persons
in the manner, as has been done in this case.
For information purpose only
6. Sri.George Poonthottam, therefore, prayed
that Exts.P5 to P15 orders be stayed, asserting
that, otherwise, the institutions and
organisations involved will implement the same and
cause illegal regularisation in violation of the
specific declarations of the Hon'ble Supreme Court
in Secretary, State of Karnataka and Others v.
Uma Devi (3) and others [2006 (4) SCC 1]
7. In response, Sri.K.V.Sohan argued that Joy
Joseph (supra) has no relevance to the facts of
this case because the impugned orders have been
issued by the Government strictly following the
criteria stipulated in Uma Devi (supra).
8. When I had considered this matter on
04.03.2021, I had directed all action pursuant to
Exts.P5 to P15 to be deferred and that status quo,
as on that date, be maintained by respondents 10
to 21. This was done so as to enable the learned
W.P.(C) No.5487 of 2021
State Attorney and the learned counsel appearing
for the afore respondents to explain how Exts.P5
For information purpose only
to P15 had been issued.
9. However, since the learned State Attorney
and the learned counsel for respondents 10 to 21
seek further time to file counter pleadings, I am
of the firm view that all action pursuant to the
impugned orders should continue to be stayed.
I, therefore, adjourn this matter to be
called on 08.04.2021, within which time, the
Government and the other respondents may file
their counter pleadings; while, until then, the
interim order issued on 04.03.2021 will remain in
force, making it clear that no further
regularisation will be done without obtaining
specific orders from this Court.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
akv
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010146422021 9/9
EXHIBIT P5 - TRUE COPY OF THE GO(MS) NO.5/2021/IT DATED 04.02.2021
EXHIBIT P6 - TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF
THE MEETING HELD ON 02.12.2015
EXHIBIT P7 - TRUE COPY OF THE GO (MS) NO.201/2020/LSGD DATED
24.12.2020
EXHIBIT P8 - TRUE COPY OF THE GO (MS) NO. 06/2021/INDUSTRIES DATED
07.01.2021
For information purpose only
EXHIBIT P9 - TRUE COPY OF THE G.O(MS) NO.93/2020/INDUSTRIES DATED
23.10.2020
EXHIBIT P10 - TRUE COPY OF THE G.O(MS) NO.4/2021/ID DATED 03.01.2021
EXHIBIT P11 - TRUE COPY OF THE G.O(MS) NO. 36/2021/INDUSTRIES DATED
11.02.2021
EXHIBIT P12 - TRUE COPY OF THE G.O(MS) NO. 81/2021/GEDN DATED
17.02.2021
EXHIBIT P13 - TRUE COPY OF THE G.O(MS) NO.27/2021/AGRI. DATED
15.02.2021
EXHIBIT P14 - TRUE COPY OF THE G.O(MS) NO.8/2021/SJD DATED 18.02.2021
EXHIBIT P15 - TRUE COPY OF THE G.O(MS) NO.5/2021/PLANNING DATED
13.02.2021
