Hamsa.P vs The Kannur University
2022 Latest Caselaw 6026 Ker

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                             PRESENT

                    THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                 WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                                    WP(C) NO. 16744 OF 2016

PETITIONER:

               RAMESAN K.
               AGED 50 YEARS
               S/O. KUNHAPPA, PARAYATH HOUSE, KUDUKKIMOTTA, P.O.EACHUR, KANNUR DISTRICT.

               BY ADVS.
               SRI.V.R.KESAVA KAIMAL
               SMT.C.DEVIKA RANI KAIMAL




RESPONDENTS:

      1        THE KANNUR UNIVERSITY
               REPRESENTED BY ITS REGISTRAR, CIVIL STATION P.O., THAVAKKARA, KANNUR-670 002.

      2        THE SYNDICATE OF THE KANNUR UNIVERSITY
               REPRESENTED BY ITS CHAIRMAN/VICE CHANCELLOR,CIVIL STATION P.O., THAVAKKARA,
               KANNUR-670 002.

      3        HAMSA P.
               S/O. KADER, AL-AMEEN MANZIL, MAYYIL P.O.,

               KANNUR-670 602.

               BY ADVS.
               SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
               SMT.K.P.AMBIKA
               SMT.M.H.BINDU
               SRI.P.K.IBRAHIM
               SRI.A.L.NAVANEETH KRISHNAN
               SMT.A.A.SHIBI
               SRI.VIJU THOMAS
               SHRI.I.V.PRAMOD, SC, KANNUR UNIVERSITY




               SRI I V PRAMOD SC;SMT ANIMA M GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, ALONG WITH

WP(C).16841/2018, 18680/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:
                                           2



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

      WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                             WP(C) NO. 16841 OF 2018

PETITIONER:

             RAMESAN K
             AGED 52 YEARS
             S/O KUNHAPPA,PARAYATH HOUSE, KUDUKKIMOTTA,P.O.
             EACHUR, KANNUR DISTRICT.
             BY ADVS.
             SRI.V.R.KESAVA KAIMAL
             SMT.C.DEVIKA RANI KAIMAL


RESPONDENTS:

      1      THE KANNUR UNIVERSITY
             REPRESENTED BY ITS REGISTRAR,CIVIL STATION
             P.O., THAVAKKARA,KANNUR - 670 002.
      2      THE SYNDICATE OF THE KANNUR UNIVERSITY
             REPRESENTED BY ITS CHAIRMAN/VICE
             CHANCELLOR,CIVIL STATION P.O.,
             THAVAKKARA,KANNUR-670 002.
             BY ADVS.
             SHRI.I.V.PRAMOD, SC, KANNUR UNIVERSITY
                                       3



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




              SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY



       THIS     WRIT     PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.06.2022, ALONG WITH WP(C).16744/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                           4



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

      WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                             WP(C) NO. 18680 OF 2018

PETITIONER:

             HAMSA.P
             AGED 52 YEARS
             S/O KADER, AL AMEENMANZIL, MAYYIL P.O., KANNUR
             - 670602.
             BY ADVS.
             SRI.P.K.IBRAHIM
             SMT.K.P.AMBIKA
             SRI.A.L.NAVANEETH KRISHNAN
             SRI.K.THOMAS ALIAS


RESPONDENTS:

      1      THE KANNUR UNIVERSITY
             REPRESENTED BY ITS REGISTRAR, CIVIL STATION
             P.O., THAVAKKARA, KANNUR -670 002
      2      THE VICE CHANCELLOR
             THE KANNUR UNIVERSITY, CIVIL STATION
             P.O,THAVAKKARA, KANNUR -670 002
             BY ADVS.
                                       5



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




              SHRI.I.V.PRAMOD, SC, KANNUR UNIVERSITY
              SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY



       THIS     WRIT     PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.06.2022, ALONG WITH WP(C).16744/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                      6



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA,
                                  1944
                         WP(C) NO. 18799 OF 2018
PETITIONER:

             PRAMOD VENGINISSERI
             AGED 43 YEARS
             S/O. KRISHNAN NAMBIAR, AARAMAM, PADICHAL,
             EDAYANUR P.O., THERUR.
             BY ADVS.
             SRI.P.K.IBRAHIM
             SMT.K.P.AMBIKA
             SRI.A.L.NAVANEETH KRISHNAN
             SRI.K.THOMAS ALIAS


RESPONDENTS:

      1      THE KANNUR UNIVERSITY
             REPRESENTED BY ITS REGISTRAR, CIVIL STATION
             P.O., THAVAKKARA, KANNUR - 670 002.
      2      THE VICE CHANCELLOR
             THE KANNUR UNIVERSITY, CIVIL STATION P.O.,
             THEVAKKARA, KANNUR - 670 002.
                                       7



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




              BY ADVS.
              I.V.PRAMOD
              SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY



       THIS     WRIT     PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.06.2022, ALONG WITH WP(C).16744/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                           8



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                             WP(C) NO. 16823 OF 2016

PETITIONER:

             RATHEESH K.
             AGED 36 YEARS
             S/O.RAGHAVAN, KOYALAPARAMBAN HOUSE, ALAPPADAMBA,
             ETTUKUDUKKA P.O. - 670 521, KARIVELLUR (VIA), KANNUR
             DISTRICT.

             BY ADV SRI.R.K.MURALEEDHARAN



RESPONDENTS:

      1      KANNUR UNIVERSITY
             REPRESENTED BY ITS REGISTRAR, CIVIL STATION P.O. - 670 002,
             THAVAKKARA, KANNUR DISTRICT.

      2      THE SYNDICATE OF THE KANNUR UNIVERSITY
             CIVIL STATION P.O. - 670 002, THAVAKAKRA, KANNUR DISTRICT,
             REPRESENTED BY ITS CHAIRMAN/VICE CHANCELLOR.

      3      HAMSA P.
             AGED 51 YEARS, S/O.KADER, AL-AMEEN MANZIL, MAYYIL P.O. - 670
             602, KANNUR DISTRICT.

             BY ADVS.
             SRI.VIJU THOMAS, SC, KANNUR UNIVERSITY
             SMT.K.P.AMBIKA
             SMT.M.H.BINDU
                                      9



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




             SRI.P.K.IBRAHIM
             SRI.A.L.NAVANEETH KRISHNAN
             SMT.A.A.SHIBI




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.06.2022, ALONG WITH WP(C).16744/2016 AND CONNECTED CASES, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       10



W.P.(C)No. 16744 of 2016 &
Conn. Cases.




                             JUDGMENT

Dated this the 1st day of June, 2022.

The petitioners in these cases - which are being

heard together on account of the analogous nature of the

factual circumstances presented - are persons working in

various capacities on daily wages and temporary /

contract basis.

2. To cut the story short, the petitioners say that

their services are entitled to be regularized by the

University, under the mandate of the judgment of the

Hon'ble Supreme Court in Secretary, State of

Karnataka and Others Vs Umadevi and Others

[(2006) 4 SCC (1)] and prayed that they be directed to

do so without any further delay.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

3. Sri.P.K.Ibrahim and Sri.V.R.K.Kaimal - learned

counsel for the petitioners, submitted that their clients

have been working in the University for the last several

years and that most of them are now attaining the age of

superannuation. They asserted that, therefore, their

clients are imminently eligible for being appointed on a

regular basis and ought to have been, therefore,

regularized without any demur by the University.

4. As an alternative plea, the learned counsel for

the petitioners, prayed that if this Court is not inclined to

order regularization of their clients' services, then they

may be permitted to continue until such time as regular

employees are appointed by the University, consequent

to the requisition stated to have been made by them to

the Public Service Commission for such purpose.

5. Sri.I.V.Pramod - learned Standing Counsel for

W.P.(C)No. 16744 of 2016 & Conn. Cases.

the University, in response, explained that, going by the

Rules of appointment now applicable to the University,

all the posts in question will have to be filled up only

under the aegis of the PSC. He affirmed that, therefore,

requisition has already been made, and that as and when

appointments are to be made, the petitioners will

certainly have to be removed. He then added that, as

per the various executive orders covering the field,

temporary engagements can be made only through the

Employment Exchange and thus that the petitioners

cannot seek any further relief.

6. However, to a pointed question from this Court,

Sri.I.V.Pramod - learned Standing Counsel for the

University, submitted that if this Court is so inclined, the

petitioners can be allowed to continue either until the

candidates sponsored by the PSC join duty or until such

W.P.(C)No. 16744 of 2016 & Conn. Cases.

time as they attain the age of superannuation. He

submitted that he is making this submission only in

fairness and as an indulgence to the petitioners.

7. On hearing Sri.I.V.Pramod as afore, the learned

counsel for the petitioners submitted that since most of

their clients are presently over 50 years in age, they will

certainly accept the afore suggestion, particularly

because the Rules of appointment now have been

altered statutorily, which they also admit.

In the afore circumstances, without entering into

any of the other rival contentions of the parties, I order

these writ petitions; recording the submissions of the

learned Standing Counsel for the University that

petitioners will be allowed to continue in service until

such time as the candidates sponsored by the PSC join or

until they attain the age of superannuation.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

Needless to say, subject to their eligibility, the

petitioners are also at liberty to take part in the process

to be initiated by the PSC for appointment to various

posts that are involved in this case.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/01.06.2022.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

APPENDIX OF WP(C) 16841/2018

PETITIONER EXHIBITS P1 TRUE COPY OF THE INTERIM ORDER DATED 3.5.2016 IN W.P.C.NO.16744/2016 P2 TRUE COPY OF THE STATEMENT DATED 27.6.2016 FILED BY THE STANDING COUNSEL OF RESPONDENTS ONE AND TWO IN EXT.P1 PROCEEDINGS P3 TRUE COPY OF THE AGREEMENT DATED 26.10.2017 EXECUTED BETWEEN THE PETITIONER AND THE FIRST RESPONDENT P4 TRUE COPY OF THE APPLICATION DATED 21.3.2018 SUBMITTED UNDER THE RIGHT TO INFORMATION ACT P5 TRUE COPY OF T REPLY DATED 3.4.2018 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND DISTRICT EMPLOYMENT OFFICER

W.P.(C)No. 16744 of 2016 & Conn. Cases.

APPENDIX OF WP(C) 18680/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT UNIVERSITY DATED 26/7/2005 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 4/3/2016 SUBMITTED TO THE CHAIRMAN OF THE SYNDICATE EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC 12221/2016 EXHIBIT P4 TRUE COPY OF THE UNIVERSITY ORDER DATED 23/5/2018 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 13/4/2018 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 3/7/2002 REGULARIZING THE DAILY WAGED DRIVERS.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

APPENDIX OF WP(C) 18799/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 04.09.2010 APPOINTING THE PETITIONER AS A DAILY WAGE DRIVER.

EXHIBIT P2 TRUE COPY OF THE UNIVERSITY ORDER NO.

AD.B1/L.V DRIVER/CONTRACTOR/2018 DATED 23.05.2018.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 13.04.2018.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03.07.2002 REGULARIZING THE DAILY WAGED DRIVERS.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

APPENDIX OF WP(C) 16823/2016

PETITIONER EXHIBITS Ext.P1 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE KANNUR UNIVERSITY DATED 02.08.1999.

Ext.P2 A TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.17360 OF 2015 DATED 10.06.2015. Ext.P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE CHANCELLOR OF THE KANNUR UNIVERSITY. Ext.P3(A) A TRUE COPY OF THE LETTER SENT TO THE VICE CHANCELLOR BASED ON THE EXHIBIT P3 COMPLAINT.

Ext.P4 A TRUE COPY OF THE REPORT ALONG WITH THE COVERING LETTER SUBMITTED BY THE VICE CHANCELLOR TO THE SECRETARY TO GOVERNOR.

Ext.P5 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY TO THE GOVERNMENT TO THE REGISTER OF KANNUR UNIVERSITY.

Ext.P6 A TRUE COPY OF THE ORDER DATED 28.01.2016 VIDE NO.39/K1/1G/H.EDN. Ext.P6(A) A TRUE COPY OF THE NOTE AND OPINION RECEIVED FROM THE LAW DEPARTMENT. Ext.P7 A TRUE COPY OF THE JUDGMENT IN W.P.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

(C)NO.12221 OF 2016 DATED 30.03.2016. Ext.P7(A) A TRUE COPY OF THE REPRESENTATION REFERRED AS EXHIBIT P1 IN EXHIBIT P7 JUDGMENT.

RESPONDENT EXHIBITS Exhibit R3(A) TRUE COPY OF THE COMMUNICATION DATED 13/02/2017 ADDRESSED TO THE STATE INFORMATION COMMISSIONER.

Exhibit R3(B) TRUE COPY OF THE OFFICE ORDER APPOINTING THE 3RD RESPONDENT FOR 179 DAYS.

Exhibit R3(C) TRUE COPY OF THE REPRESENTATION DATED 30/01/2015.

Exhibit R3(D) TRUE COPY OF THE REPRESENTATION DATED 04/03/2016 SUBMITTED TO THE CHAIRMAN OF THE SYNDICATE.

Exhibit R3(E) TRUE COPY OF THE ORDER DATED 23/08/2001 REGULARIZING SERVICES OF 12 DAILY WAGED PERSONS IN VARIOUS POSTS INCLUDING THE POST OF LV DRIVER.

W.P.(C)No. 16744 of 2016 & Conn. Cases.

APPENDIX OF WP(C) 16744/2016

PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE APPLICATION DTD.20.8.1999 IN THE FORMAT PRESCRIBED BY THE FIRST RESPONDENT.

EXT.P1(A) TRUE COPY OF THE CHALAN RECEIPT DTD.20.8.2015, EVIDENCING THE PAYMENT OF THE REQUIRED FEE.

EXT.P2 TRUE COPY OF THE JUDGMENT DTD.12.10.2015 IN WPC NO.30885/2015. EXT.P3 TRUE COPY OF THE JUDGMENT DTD.10.6.2015 IN WPC NO.17360/2015. EXT.P4 TRUE COPY OF THE JUDGMENT DTD.30.3.2016 IN WPC NO.12221/2016 AS DOWNLOADED FROM THE COMPUTER SECTION.