Kerala High Court
Shinoy K K vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA,
1944
WP(C) NO. 33964 OF 2022
PETITIONER:
1 SHINOY K K
AGED 36 YEARS
KUNDATHIL HOUSE, KIZHAKKUMBHAGAM, PINARAYI,
THALASSERI, KANNUR - 670 741,
CENTRE: COLLEGE OF APPLIED SCIENCES, PINARAYI.
2 MAHESH V.K.,
CHETTIARAMBATH HOUSE, PINARAYI, THALASSERI,
KANNUR - 670 741,
CENTRE: COLLEGE OF APPLIED SCIENCES, PINARAYI
3 MINI MANI A.M.,
SIVAPRASADAM HOUSE, KADUVAYIL, KATTUMPURAM,
KIZHUVILAM, THIRUVANANTHAPURAM - 695 104
,CENTRE: ENGINEERING COLLEGE, ATTINGAL
4 SUDHARMANI S.,
CHARUVILA HOUSE, KADUVAYIL, KATTUMPURAM,
KIZHUVILAM, THIRUVANANTHAPURAM - 695 104,
CENTRE: COLLEGE OF ENGINEERING, ATTINGAL
5 BINU PETER
PLATHOTTAM HOUSE, SOUTH PAMPADY P.O.
PUTHUPALLY, KOTTAYAM - 686 521, CENTRE: COLLEGE
OF APPLIED SCIENCES, PUTHUPPALLY
6 CHANDY C.K.
CHIRATTE PARAMBIL, PUTHUPALLY, PAYYAPADY P.O.,
KOTTAYAM - 686 019, CENTRE: COLLEGE OF APPLIED
SCIENCES, PUTHUPPALLY .
7 KURIAKOSE M.V.
MANATHARA HOUSE, ERYKADU, PUTHUPALLY P.O.,
KOTTAYAM-686 011,
CENTRE: TECHNICAL HIGHER SECONDARY SCHOOL,
PUTHUPPALLY
8 K. PREMACHANDRAN PILLAI,
THULASI MANDIRAM, ETC P.O., UZHALODU,
KOTTARAKKARA, PULAMON, KOLLAM-691 531, CENTRE:
COLLEGE OF ENGINEERING, KOTTARAKKARA
W.P (C) No. 33964 of 2022
2
9 JIJAMOL H.,
VISHNU VILASAM, AVANOOR, KOTTARAKKARA P.O.,
KOLLAM-691 566, CENTRE: COLLEGE OF ENGINEERING,
KOTTARAKKARA
10 HAMZATH ALI P.P.
PADATH PEDIKAYIL HOUSE, SUKAPURAM P.O.,
MALAPPURAM - 679 576, CENTRE: COLLEGE OF
APPLIED SCIENCES, VATTAMKULAM
11 ABDUL RAZACK C.P.
CHAMAPARAMBIL HOUSE, PERUMPARAMBU, MANGATOOR
P.O., MALAPPURAM - 679 576, CENTRE: TECHNICAL
HIGHER SECONDARY SCHOOL, VATTAMKULAM
12 ANIL KUMAR M.U.
MANNOOR HOUSE, VADAVATHOOR P.O. KOTTAYAM - 686
010, CENTRE: TECHNICAL HIGHER SECONDARY SCHOOL,
PUTHUPPALLY
13 MADANA M.,
CHOYIMOOLE HOUSE, KUNTIKANA, PEARADALA,
KASARGOD - 671 551, CENTRE: COLLEGE OF APPLIED
SCIENCES, MANJESWARAM.
14 PRAMOD K.,
KANNADISSERIL HOUSE, ERAMATHOOR P.O., MANNAR,
ALAPPUZHA - 689 622, CENTRE: COLLEGE OF APPLIED
SCIENCES, ADOOR
15 RAJU V.P.,
VELLIRINGAL HOUSE, OLIPPARA, KAIRADY P.O.,
PALAKKAD - 678 510, CENTRE: COLLEGE OF APPLIED
SCIENCES, AYALUR
16 SUMESH K.C.,
KUZHIKKANDATHIL HOUSE, NALLOORNADU,
MANANTHAVADY, WAYANAD - 670 645, CENTRE: P.K.
KALAN MEMORIAL COLLEGE OF APPLIED SCIENCE
17 BIJINA M.T.,
AJAY BHAVAN, VALAYAM, CHUZHAL P.O., KOZHIKODE -
673 517, CENTRE: COLLEGE OF APPLIED SCIENCES,
MANANTHAVADY
BY ADVS.
GOVIND R.
S.KRISHNA
W.P (C) No. 33964 of 2022
3
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT
OF HIGHER EDUCATION , THIRUVANANTHAPURAM - 695
001.
2 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
REPRESENTED BY ITS DIRECTOR, PROJECT TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
SRI.DEEPU THANKAN -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No. 33964 of 2022
4
DEVAN RAMACHANDRAN, J.
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W.P (C) No. 33964 of 2022
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Dated this the 22nd day of December, 2022
JUDGMENT
When this matter was called today, the learned counsel
on both sides were ad idem that all the issues - both factual
and legal-involved in this case, have been considered by this
Court in Ext.P10 judgment.
2. Smt.S.Krishna - learned counsel for the
petitioners, however, conceded that, consequent to Ext.P10,
the claims of the petitioners therein have been rejected by
the 2nd respondent - Institute of Human Resources
Development (IHRD). She, however prayed that, this Writ
Petition be ordered in terms of Ext.P10 judgment, so that her
clients can then avail other remedies, if their claims are not
properly concerned.
3. Sri.Deepu Thankan - learned Standing Counsel for
the 2nd respondent - IHRD, submitted that he does not stand
in the way of this Court disposing of this matter in terms of
Ext.P10 judgment; but argued that this would not offer any
real benefit to the petitioners, because his client has already
W.P (C) No. 33964 of 2022
taken a decision not offer any regularization.
4. Even when I hear Sri.Deepu Thankan on the afore
lines, the fact remains that the petitioners can move forward
with their litigative efforts only if their claims are first decided
by the IHRD. It would not be proper for this Court to assume
that the said Authority will act in a particular manner.
In the afore circumstances, and taking note of the
conceded position on both sides that the petitioners herein
are similarly situated as the petitioners in Ext.P10, I order this
Writ Petition to the limited extent of directing the competent
Authority of the IHRD to reconsider the claims of the
petitioners strictly in terms of the proceedings under which
they were appointed - and in which an offer to consider their
appointments to regular posts, as and when vacancies arise,
have been made - after affording all of them an opportunity
of being heard and adverting to all relevant and germane
inputs and aspects; thus culminating in an appropriate order
and necessary action with respect to each of them, as
expeditiously as is possible, but not later than three months
from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore exercise is
completed and the resultant orders communicated to the
W.P (C) No. 33964 of 2022
petitioners, they will be allowed to continue in the present
posts, and the available vacancies will not be filled up through
any other means.
I, however, clarify that this Court has not found
affirmatively in favour of the petitioners yet and that it is up
to the competent Authority of the IHRD to consider their
claims appropriately; for which purpose, all rival contentions
are left open.
That said, if there are any precedents from this Court or
from the Honourable Supreme Court against the claims of the
petitioners, the same can also be adverted to by the IHRD;
but their opinion on the same shall be reflected in the
resultant order, so as to enable the petitioners to obtain
recourse to law, if it becomes so warranted in future.
Sd/-DEVAN RAMACHANDRAN,
JUDGE
lsn
W.P (C) No. 33964 of 2022
APPENDIX OF WP(C) 33964/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS DATED
02.09.1998 OF THE 2ND RESPONDENT
Exhibit P2 A TRUE COPY OF THE APPROVED RULES FOR
RECRUITMENT OF LAST GRADE SERVANTS
DATED 22.03.2008
Exhibit P3 A TRUE COPY OF THE RELEVANT EXTRACTS
OF THE IHRD SPECIAL RULES DATED
7.2.2011.
Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED
04.12.2013 RECEIVED FROM THE OFFICE OF
THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER
DATED 14.02.2014 APPROVING THE
SUGGESTIONS AND MODIFICATIONS AS
SUGGESTED BY THE DIRECTOR OF TECHNICAL
EDUCATION
Exhibit P6 A TRUE COPY OF THE CIRCULAR DEPICTING
SENIORITY LIST DATED 02.05.2018 ISSUED
BY THE 2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE ORDER DATED
15.11.2018 ISSUED BY THE 2ND
RESPONDENT
Exhibit P8 A TRUE COPY OF THE RTI APPLICATION
DATED NIL
Exhibit P9 A TRUE COPY OF THE RESPONSE FROM THE
STATE PUBLIC INFORMATION OFFICER UNDER
THE 2ND RESPONDENT DATED 15.05.2020
Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WPC
7444 OF 2019 DATED 02.08.2022
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
