Kerala High Court
Ajantha vs Kerala Agricultural University on 9 September, 2021
WP(C) No.18499/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Thursday, the 9th day of September 2021 / 18th Bhadra, 1943
WP(C) NO. 18499 OF 2021(J)
PETITIONERS:
1. AJANTHA, AGED 54 YEARS, D/O KOCHAPPAN, THALIYATHPARAMBIL HOUSE, EWS4
ASHOK NAGAR, AYYANTHOLE, THRISSUR-680003.
2. RAMLATH, AGED 50 YEARS W/O SULAIMAN , 387 (12/1784) PUTHUVEETTIL 9,
OLLUKKARA GRAMA PANCHAYAT, THRISSUR-680 651.
3. USHA, AGED 55 YEARS, W/O RAVI P.R, PADATHUPARAMBIL HOUSE,
VELLANIKKARA P.O.VELLANIKKARA, THRISSUR-680 654.
4. ANITHA, AGED 49 YEARS, W/O SATHIYAN K.K, KUTTIKKATTUPARAMBIL HOUSE,
VELLANIKKARA P.O.,VELLANIKKARA, THRISSUR-680 654.
5. JAYANTHI C.S, AGED 54 YEARS, W/O DILIP KUMAR O V, OZHICHIRAYIL
HOUSE, VELLANIKKARA P.O.,VELLANIKKARA, THRISSUR-680 654.
6. SATHI OV, AGED 55 YEARS, W/O UDHAYABHANU P.V, PANIKKAPARAMBIL HOUSE,
VELLANIKKARA P.O.,VELLANIKKARA, THRISSUR-680 654.
7. SREEKUMARI, AGED 53 YEARS, W/O APPUKUTTAN, MARASSERY HOUSE,
VELLANISSERY, MADAKKATHARA, THRISSUR-680 651.
RESPONDENTS:
1. KERALA AGRICULTURAL UNIVERSITY, PRESENTED BY THE REGISTRAR,
VELLANIKKARA, THRISSUR DISRICT, PIN-683 003.
2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,
THRISSUR DISTRICT, PIN-683 003.
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 issue an interim direction to the 1st respondent to permit to
the petitioners to continue as casual labourers(daily wage worker) in the
1st respondent university, pending disposal of the above the writ
petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.S.SHYAM KUMAR, Advocate for the petitioners and of SRI. ROBSON PAUL,
STANDING COUNSEL for respondents 1 & 2, the court passed the following:
P.T.O.
WP(C) No.18499/2021 2/5
AMIT RAWAL, J
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W.P. (C) No. 18499 of 2021
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Dated this the 9th day of September, 2021
ORDER
Inter alia alleges that in pursuance to the order dated
17.01.2021 Registrar of the University had decided to
grant relaxation in the age limit on acquisition of
retirement age and weightage be given taking into account
the service rendered in the University for the purpose of
regularisation in terms of the judgment of Honourable
Supreme Court in Secretary State of Karnataka Vs. Uma
Devi and Others [2006 (4) SCC 1]. Applications were
invited as per Ext.P2(a) for select list for appointment on
temporary posts. In the meantime the benefit as sought to
be given vide Ext.P1 was taken away necessitating the
petitioners and similar situated persons to approach this
Court in various writ petitions. This Court vide order
dated 30.03.2017 allowed the writ petition by setting aside
Clause 2 of the order of Vice Chancellor taking away the
weightage. The matter did not stop here. When the
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W.P.(C) No.18499 of 2021
steps were taken for participation and personal interview
the select list Ext.P6 did not reflect the name of the
petitioners, necessitating them to approach this Court
again vide W.P.(C) No.13533 of 2021. This Court vide
order dated 08.07.2021 disposed of the writ petition with
a direction to the petitioners to approach the University by
making representation. Ext.P9 dated 28.07.2021 is the
representation, but no action has been taken. Now the
petitioners on daily wages have not been permitted to
work, in other words have been disengaged.
Issue notice before admission. Mr.Robson Paul
accepts notice on behalf of the Kerala Agricultural
University and do not deny the pendency of the
representation and a decision would be taken in terms of
the orders passed from time to time, but has no instruction
with regard to the averments of disengagement. In this
view of the matter I, as an interim measure, direct the
respondents to allow the petitioners to continue with
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W.P.(C) No.18499 of 2021
daily wages as this Court has been apprised that other
daily wages workers are being engaged for purposes they
were employed for. This interim arrangement will
continue till the next date of hearing.
Post on 28.10.2021.
Sd/-
AMIT RAWAL
JUDGE
VV
09-09-2021 /True Copy/ Assistant Registrar
WP(C) No.18499/2021 5/5
APPENDIX OF WP(C) 18499/2021
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 1ST
RESPONDENT DATED 17.1.2011
Exhibit P2(A) A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2
Exhibit P6 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE 1ST
RESPONDENT FOR CAUSAL LABOURER (WOMEN)
Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 28.7.2021
BEFORE THE REGISTRAR KERALA AGRICULTURAL UNIVERSITY
