Rajendran vs Kerala Agricultural University
2021 Latest Caselaw 8870 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

                THE HONOURABLE MR. JUSTICE GOPINATH P.

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                          WA.No.2200 OF 2019

AGAINST THE JUDGMENT DATED 11.3.2019 IN WP(C) 2781/2017(W) OF HIGH
                         COURT OF KERALA


APPELLANTS/PETITIONERS 1,3 & 5 TO 9:

      1        RAJENDRAN,AGED 37 YEARS
               S/O SUKUMARAN, KARIKKATHIKUZHI PUTHEN VEEDU,
               PANAVILA, MULLOOR P.O.THIRUVANANTHAPURAM DISTRICT.

      2        HARIKUMAR C,PARANKIMANVILA VEEDU, KAKKAMOOLA,
               KALLIYOOR P.O.THIRUVANANTHAPURAM DISTRICT.

      3        BAIJU S.KAMUKINKUZHI,
               VADAKKEKARA PUTHENVEEDU, POONKULAM, VELLAYANI
               P.O.THIRUVANANTHAPURAM DISTRICT.

      4        SHYJU S.S,KARAYKATTUVILA VEEDU, KARAYKATTUVIALA
               VEEDU, VENNIYUR, NELLIVILA P.O.THIRUVANANTHAPURAM
               DISTRICT.

      5        DEEPA S.S,THENDALVILA PUTHENVEEDU, KAKKAMOOLA,
               KALLIYUR P.O.THIRUVANANTHAPURAM DISTRICT.

      6        SUNITHAKUMARI S,KRISHNAVILASAM, KAKKAMOOLA, KALLIYUR
               P.O.THIRUVANANTHAPURAM DISTRICT.

      7        MAYA R.,MUTTALAKUZHI LAKSHAMVEEDU, THIRUVALLAM P.O.
               KAKKAMOOLA, KALLIYUR P.O.THIRUVANANTHAPURAM DISTRICT.


               BY ADVS.
               SRI.G.SUDHEER
               SRI.R.HARIKRISHNAN (H-308)
 W.A.No.2200/2019                 2

RESPONDENTS/RESPONDENTS & 2ND PETITIONER:

       1       KERALA AGRICULTURAL UNIVERSITY
               MAIN CAMPUS, VELLANIKKARA, THRISSUR P.O.PIN-680
               656, REPRESENTED BYITS REGISTRAR.

       2       THE PROFESSOR AND HEAD,
               KERALA AGRICULTURAL UNIVERSITY INSTITUTIONAL, FARM,
               VELLAYANI, THIRUVANANTHAPURAM-695 522.

       3       STATE OF KERALA,
               REPRESENTED BY THE SECRETARY, AGRICULTURAL
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

       4       THAMPIKUTTAN,AGED 32 YEARS
               S/O RETHNAKARAN, PANAVILA MANNAKALLU VEEDU, MULLOOR
               P.O.THIRUVANANTHAPURAM.

               R1-2 BY SRI.AJITH KRISHNAN, SC, KERALA AGRICULTURAL
               UNIVERSITY
               R3 BY GOVERNMENT PLEADER(B/O)

OTHER PRESENT:

               SR G.P A.J VARGHESE

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17-03-2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.2200/2019                            3




                                    JUDGMENT

Gopinath, J

The appellants were the writ petitioners in W.P.(C)No.2781/2017. On

15.7.2010, a notification was issued by the 1 st respondent University for filling up

the posts of Casual Labourers. On 7.2.2014, two separate rank lists were

prepared for men and women in which the appellants/writ petitioners are also

included. Both rank lists have expired on 30.4.2017. The appellants approached

this Court through W.P.(C)No.2781/2017 claiming that there were several

vacancies of Casual Labourers which have not been filled up.

2. A counter affidavit has been filed by the Registrar of the 1 st

respondent University in which it is stated that the averments in the writ petition

regarding the number of posts/vacancies of Casual Labourers in the Vellayani

Farm are not correct and are contrary to the facts. It is stated that the total

number of permanent labourers in the Vellayani Institutional Farm is 293 male

workers and 164 female workers. It is submitted that the appellants had shown

this number of permanent labourers as the total sanctioned posts of casual

workers. It is submitted that, as on 27.8.2016, no post of casual labourers for

which Exts.P1 and P2 rank lists were prepared is vacant. In paragraph 4 of the

counter affidavit filed on 26.11.2019, it is stated as follows:-

"The Hon'ble Court may be pleased to see that as per decision of 511th 525th, and 554th Executive Committee, a total number of 181 men and 48 women had already been appointed as Casual labourers at Instructional Farm, Vellayani. The Appellants 1 to 4 are ranked in the men Casual Labourer select list as 227, 228, 345 and 256 respectively and the Appellants 5 to 7 are ranked in women Casual Labourer Select list as 75, 71, & 90 respectively. The Appellants did not get appointment because of the sole

reason that their communal rotation turn had not come up as per the communal rotation principles of Kerala Public Service Commission now followed in the University, while selecting the candidates from the select list of casual labouers. It is humbly submitted that the Exhibit P1 and P2 casual labourers select list had expired on 30/04/2017."

There is nothing on record to show that the statement as above does not reflect

the true state of affairs as regards the vacancies. Under such circumstances and

in view of the fact that the rank list has admittedly expired on 30.4.2017, we are

of the view that nothing further survives for consideration in this writ appeal.

The writ appeal fails and is accordingly dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE acd