Kerala High Court
Mridhula V.S vs Kerala Agricultural University on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14303 OF 2024
PETITIONER:
MRIDHULA V.S
AGED 40 YEARS
W/O HARIDASAN, THAZHETHUPURAKKAL (H), VELLANISSERY,
MADAKKATHARA, THRISSUR DISTRICT, PIN - 680651
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, VELLANIKKARA,
THRISSUR, PIN - 680654
2 REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR, PIN - 680654
BY ADV
ADV M.V. ANANDAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14303 OF 2024
2
JUDGMENT
The petitioner, who had undergone training programme under
the Agro Bio-Technology Agency for Rural Development
(ABARD) under the 1st respondent University has approached this
Court seeking the following reliefs:
"i. Issue a writ in the nature of mandamus
commanding the respondents to grant
appointment to the petitioner as a casual
labourer in the University since similarly
placed persons whose names are mentioned
in Ext.P1 judgment are being given
appointment as casual labourers in the
university, within such time as may be fixed
by this Hon'ble Court.
ii. Issue a writ in the nature of mandamus
commanding the respondents to consider
and pass orders on Ext.P6 and not to fill up
the entire vacancies of casual labourers in
the university without the petitioner being
given appointment as a casual labourer
since the petitioner is a similarly placed
person to the persons mentioned in Ext.Pl
who are given appointment as casual
labourers, pursuant to Ext.P1.
iii. issue such other orders, writs or directions
as are deemed fit by this Hon'ble Court.
iv. award cost of this proceedings to the
petitioner.
v. dispense with filing of the translation of
vernacular documents produced as Exhibits
WP(C) NO. 14303 OF 2024
in the writ petition."
The writ petition was submitted, mainly placing reliance upon
Exts.P1 and P3 judgments rendered by this Court, wherein similarly
situated persons namely the persons who had undergone the training
as mentioned above, were absorbed by the 1st respondent University
as casual laborers. The learned Standing Counsel appearing for the
University also submits that the petitioner is similarly situated
person with that of Exts.P1 and P3. However, it was submitted that
as of now there are no vacancies available to accommodate the
petitioner.
However, considering the fact that, the similarly situated
persons were already accommodated by the 1 st respondent
University as casual laborers, I am of the view that, it is only proper
that the claim of the petitioner is to be considered, subject to the
availability of the vacancy. Therefore, this writ petition is disposed
of directing the 1st respondent to consider Ext.P6 representation
submitted by the petitioner and to provide engagement as casual
laborer to her, subject to the availability of vacancy. The petitioner
WP(C) NO. 14303 OF 2024
shall make available all the necessary documents indicating
qualifications of the petitioner in original, before the 1st respondent.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 14303 OF 2024
APPENDIX OF WP(C) 14303/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT OF THE
DIVISION BENCH IN WA.NO.480/2013 DATED
20.01.2016
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED TO
THE PETITIONER DATED 05.12.2007
Exhibit P3 TRUE COPY OF THE JUDGMENT IN
WP(C).NO.40403/2023 DATED 02.02.2024
Exhibit P4 TRUE COPY OF THE JUDGMENT REPORTED IN
2014 KHC 4682 (STATE UTTARPRADESH AND
OTHERS V. ARVIND KUMAR SRIVASTAVA AND
OTHERS
Exhibit P5 TRUE COPY OF THE DECISION REPORTED IN
2022 SCC ONLLINE SC 641 (RUSHIBHAI
JAGDISHBHAI PATHAK V. BHAVNAGAR
MUNICIPAL CORPORATION)
Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 20.03.2024
