Kerala High Court
Sumod.M.S vs The Registrar on 24 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 1201 OF 2016
PETITIONERS:
1 SUMOD.M.S
AGED 47 YEARS
S/O. SUDHAKARAN, PROCESSING ASSOCIATE, DEPARTMENT OF
LIVE STOCK PRODUCT TECHNOLOGY (MEAT TECHNOLOGY UNIT),
COLLEGE OF VETERINARY AND ANIMAL SCIENCE, MANNUTHY
P.O., THRISSUR DISTRICT-680 651, RESIDING AT MATTATHUM
KATTIL HOUSE, NEELA MURI ROAD,PONNURUNNI, VYTTILA P.O.,
KOCHI-682 019.
2 LENI M.S.
AGED 38 YEARS
S/O. M.V.SIVAN, MEAT PROCESSING ASSOCIATE, DEPARTMENT
OF LIVE STOCK PRODUCT TECHNOLOGY (MEAT TECHNOLOGY
UNIT), COLLEGE OF VETERINARY AND ANIMAL SCIENCE,
MANNUTHY P.O., THRISSUR DISTRICT-680 651, RESIDING AT
MADATHIKUDI, VENGOOR P.O., KAIPPILLY, ERNAKULAM
DISTRICT-683 546.
3 FINTO P.X.
AGED 35 YEARS
S/O. P.T.XAVIER, MEAT PLANT OPERATION ASSOCIATE,
DEPARTMENT OF LIVE STOCK PRODUCT TECHNOLOGY (MEAT
TECHNOLOGY UNIT), COLLEGE OF VETERINARY AND ANIMAL
SCIENCE, MANNUTHY P.O., THRISSUR DISTRICT-680 651,
RESIDING AT PORATHUR HOUSE, VETTUKADU P.O., THRISSUR
DISTRICT-680 014.
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SRI.S.M.PRASANTH
SRI.G.RENJITH
RESPONDENTS:
1 THE KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, POOKODE P.O., WAYANAD
WP(C) NO. 1201 OF 2016
2
DISTRICT-673 592.
2 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
ANIMAL HUSBANDRY AND DAIRYING DEPARTMENT,
THIRUVANANTHAPURAM (IS SUOMOTU IMPLEADED AS
ADDITIONAL 2ND RESPONDENT IN THE WRIT PETITION
AS PER ORDER DATED 24.02.2023)
BY ADVS.
SRI.MILLU DANDAPANI,SC,K.V & A.S. UTY
MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL
SCIENCES UNIVERSITY
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 1201 OF 2016
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 1201 of 2016
----------------------------------------------
Dated this the 24th day of February, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) To declare that the inaction on the part of
the respondent University in appointing the petitioners
herein in the respective posts in which they are
presently working in the respondent University is in
violation of their fundamental rights guaranteed under
Articles 14, 16 and 21 of the Constitution.
(ii) To call for the records leading upto Exhibit
P12 and quash the same by the issuance of a writ of
Certiorari or any other appropriate writ, order or
direction.
(iii) To issue a Writ of Mandamus or any other
appropriate writ, order or direction commanding the
respondent University to appoint the petitioners in the
regular service of the said University in the respective
posts in which they are presently working forthwith.
(iv) To issue such other writs, orders or
directions as this Hon'ble Court may deem fit and
proper in the circumstances of the case."[SIC]
WP(C) NO. 1201 OF 2016
2. The 1st and 2nd petitioners herein are working
as Processing Associates and the 3rd petitioner as Plant
Operation Associate in the Department of Live Stock
Production Technology Department (Meat Technology
Unit), of the 1st respondent University. They are
aggrieved by the denial of absorption of them in the
regular service of the respondent University in spite of a
direction issued by this Court in W.P.(C)No.29639/ 2010.
It is also the case of the petitioners that this Court had
considered the grievance of a similar person in W.P.(C)
No.36138/2005 and ordered the respondent University
to regularize his service. A similar treatment is not given
to the petitioners, is their grievance. Hence this Writ
Petition is filed.
3. Heard counsel appearing for the petitioners,
learned Standing counsel appearing for the 1 st
respondent and the learned Government Pleader.
4. Today when the matter came up for
consideration, the Standing counsel appearing for the 1 st
WP(C) NO. 1201 OF 2016
respondent University submitted that the Registrar of the
University submitted a letter to the Minister concerned
for creating three posts to accommodate the temporary
employees like the petitioners. In the light of the same,
I think this writ petition itself can be disposed of
directing the 2nd respondent to consider the request
submitted by the 1st respondent. The Government will
also consider the fact that the 1 st petitioner is continuing
from 1995 and the 2nd and 3rd petitioners are continuing
from 2001 onwards. In Secretary, State of
Karnataka and others v. Uma devi and others [2006
(4) SCC 1], the Apex Court also observed that, one time
regularisation is also possible. Here is the case where
the 1st respondent clearly says that the petitioners are
regularly working and if a post is created, they have no
objection in regularising the petitioners to that post. If
that is the case, the Government has to consider the
matter sympathetically. The counsel appearing for the
petitioners also submitted that the petitioners were
WP(C) NO. 1201 OF 2016
appointed after following the due selection process. The
same also will be considered by the 2nd respondent.
Therefore, this writ petition is disposed of in the
following manner:
i. The additional 2nd respondent is directed to
consider the proposal submitted by the 1st
respondent bearing No.K.V.A.S.U/G.A/A3/10910/
2020 dated 03.02.2021 and pass appropriate orders
in it, as expeditiously as possible, at any rate, within
a period of four months from the date of receipt of a
copy of this judgment.
ii. The petitioners will produce a certified
copy of this judgment along with a copy of this writ
petition before the 2nd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 1201 OF 2016
APPENDIX OF WP(C) 1201/2016
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE JUDGMENT DATED
15.11.2012 IN WP (C) NO.36138 OF
2005.
EXHIBIT-P2 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE RESPONDENT UNIVERSITY.
EXHIBIT-P3 TRUE COPY OF THE ORDER DATED
04.07.1995 ISSUED TO THE 1ST
PETITIONER.
EXHIBIT-P4 TRUE COPY OF THE ORDER DATED
29.11.2001 ISSUED BY THE RESPONDENT
UNIVERSITY.
EXHIBIT-P5 TRUE COPY OF THE LETTER DATED
22.10.2009 PROFESSOR AND HEAD TO THE
REGISTRAR OF THE UNIVERSITY.
EXHIBIT-P6 TRUE COPY OF THE JUDGMENT DATED
12.8.2011 IN WPC NO.29639 OF 2010.
EXHIBIT-P7 TRUE COPY OF THE PROCEEDINGS DATED
31.5.2014 ISSUED BY THE RESPONDENT
UNIVERSITY.
EXHIBIT-P8 TRUE COPY OF THE REPRESENTATION DATED
1.2.2013 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT UNIVERSITY.
EXHIBIT-P9 TRUE COPY OF THE COMMUNICATION DATED
24.5.2014 FROM THE PROFESSOR & HEAD
ADDRESSED TO THE REGISTRAR OF THE
UNIVERSITY.
EXHIBIT-P10 TRUE COPY OF THE JUDGMENT DATED
31.10.2014 IN WP (C) NO.28727 OF
2014.
EXHIBIT-P11 TRUE COPY OF THE REPRESENTATION DATED
WP(C) NO. 1201 OF 2016
2.12.2014] SUBMITTED BY THE
PETITIONERS BEFORE THE REGISTRAR OF
THE UNIVERSITY.
EXHIBIT-P12 TRUE COPY OF THE COMMUNICATION DATED
24.02.2015 RECEIVED BY THE
PETITIONERS FROM THE REGISTRAR OF THE
UNIVERSITY.
EXHIBIT-P13 TRUE COPY OF THE REPORT DATED
19.02.2015 OF THE JOINT DIRECTOR,
AUDIT DEPARTMENT.
EXHIBIT-P14 TRUE COPY OF THE REPRESENTATION DATED
19.9.2015 SUBMITTED BY THE
PETITIONERS BEFORE THE VICE
CHANCELLOR, RESPONDENT UNIVERSITY.
EXHIBIT-P15 TRUE COPY OF THE COMMUNICATION DATED
20.05.2015 ISSUED BY THE PROFESSOR &
HEAD TO THE DIRECTOR OF ACADEMICS &
RESEARCH.
RESPONDENT ANNEXURES
ANNEXURE COMMUNICATION NO.
KVASU/GA/A3/10910/2020 DATED
03.02.2021 FROM 1ST RESPONDENT
//TRUE COPY// PA TO JUDGE
