Kerala High Court
Jojo M Thomas vs Kerala Agricultural University on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33520
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 9945 OF 2025
PETITIONER:
JOJO M THOMAS
AGED 47 YEARS, S/O. THOMAS
LAST GRADE SERVANT, GRADE -II,
BANANA RESEARCH STATION, KANNARA
THRISSUR - RESIDING AT MYLODIYIL HOUSE,
KOOTTALA P O CHALAMPADAM, THRISSUR,
PIN - 680652.
BY ADVS.
K.B.GANGESH
SMITHA CHATHANARAMBATH
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, VELLANIKKARA
THRISSUR DISTRICT, PIN - 680656.
2 REGISTRAR
KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA
THRISSUR DISTRICT, PIN - 680656.
2025:KER:33520
W.P.(C) No.9945/2025
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3 JOINT REGISTRAR
KERALA AGRICULTURAL UNIVERSITY MAIN CAMPUS,
VELLANIKKARA THRISSUR DISTRICT,
PIN - 680656.
BY ADV.SRI.M.V.ANANDAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2025, THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.9945/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.9945 of 2025
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Dated this the 13th day of May, 2025
JUDGMENT
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The petitioner seeks to command the 2nd respondent
to initiate necessary steps to regularise the service of the
petitioner as Last Grade Servant Grade-II taking into account
his acquittal from criminal case as per Ext.P2 forthwith.
2. The petitioner states that he joined service
under the 1st respondent-University as Labourer on
27.08.2005. The 1st respondent-University invited application
for various posts by way of internal selection from Class IV /
permanent labourers working in the University on
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27.10.2020. Consequent to the selection, the petitioner was
appointed by transfer as Last Grade Servant on 05.10.2021.
3. The petitioner states that at the time of his
appointment by transfer in the year 2021, he was falsely
implicated in a criminal case. The petitioner had brought to
the notice of the University about the criminal case at the
time of his appointment by transfer. The said criminal case
resulted in acquittal as per Ext.P2 order dated 12.06.2023 of
the Judicial First Class Magistrate's Court-III, Thrissur in CC
No.876/2018.
4. The University did not take notice of the
applicant and did not regularise the service of the petitioner
as Last Grade Servant. The respondents are taking steps to
appoint other persons included in Ext.P1 rank list as Tractor
Driver Grade-II excluding the petitioner, stating that his
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service as Last Grade Servant is not regularised. The
petitioner therefore submitted Ext.P3 representation dated
01.03.2025 requesting for promoting him as Tractor Driver
Grade-II.
5. The petitioner states that his representation
is not considered and if promotions are effected disregarding
his claim, the petitioner will be put to irreparable loss.
6. The respondents resisted the writ petition
filing counter affidavit. It is stated that while working as
permanent labourer in the University, the petitioner was
promoted as Last Grade Servant Grade-II through internal
selection. While submitting the police verification form at the
time of joining in the Last Grade Servant post, the petitioner
did not divulge details regarding the criminal case pending
against him. The University came to know about the case
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only on receipt of Ext.R2(b) communication dated 07.07.2022
of the District Police Chief, Thrissur City.
7. The respondents stated that as per GO
dated 05.11.2024, the Government shall consider each case
of adverse police verification and appointment of candidate
shall be regularise only after getting clearance from the
Government. Therefore, the petitioner is not regularised.
The petitioner submitted Ext.R2(c) affidavit dated 07.03.2025
furnishing the order of acquittal. Enquiry was made whether
the Government has filed appeal against Ext.P2 order of
acquittal. As per Ext.R2(f) University order dated
21.03.2025, appointments through internal selection were
made to the post of Tractor Driver Grade-II, keeping one
vacancy unfilled for appointment of the petitioner, subject to
regularisation of his service.
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8. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing the
respondents.
9. The petitioner joined service under the 1st
respondent-University as labourer on 27.08.2005. It is an
admitted position that the post of labourer in the University is
a cadre post and appointment was made on permanent basis
in a time scale. Character and antecedents of employees
are to be enquired into at the time of initial regular
appointment. After the initial appointment on permanent
basis, if any criminal cases are filed against an employee, the
Department is at liberty to take disciplinary proceedings.
10. As far as the petitioner is concerned, he
was initially appointed as labourer on 27.08.2005. CC
No.876/2018 was lodged against the petitioner only in the
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year 2018 in respect of an offence occurred on 02.03.2018.
Thereafter, the petitioner was appointed by transfer as Last
Grade Servant on 05.10.2021. While the petitioner was
appointed by transfer, the petitioner had submitted Ext.R2(a)
attestation form. In Column 16, against the question as to
whether there is any case pending against the petitioner in
any police station, the petitioner has given the answer "Yes".
Therefore, the petitioner cannot be blamed of suppression of
pending criminal case.
11. When the petitioner entered service, CC
No.876/2018 was not pending against the petitioner. At the
time of by-transfer appointment as Last Grade Servant
Grade-II, the petitioner had submitted attestation form
indicating the pendency of criminal case. The criminal case
ended in acquittal as per Ext.P2 judgment 12.06.2023.
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Therefore, the petitioner's appointment and service as Last
Grade Servant Grade-II is liable to be regularised, for which
no prior approval from the Government is required, in the
facts and circumstances of the case.
The writ petition is therefore disposed of
directing the 2nd respondent to regularise the service of the
petitioner as Last Grade Servant Grade-II taking into account
his eligibility. There will be a direction commanding the
respondents to appoint the petitioner as Tractor Driver
Grade-II as per his turn in Ext.P1 rank list, if the petitioner is
otherwise eligible.
Sd/-
N. NAGARESH, JUDGE
aks/22.04.2025
2025:KER:33520
APPENDIX OF WP(C) 9945/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RANKED LIST PUBLISHED
BY THE 3 RD RESPONDENT ON 25.01.2025
FOR THE POST OF TRACTOR DRIVER GRADE -
II
Exhibit P2 TRUE COPY OF THE ORDER OF ACQUITTAL
DATED 12.06.2023 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT -III, THRISSUR
Exhibit P3 TRUE COPY OF REPRESENTATION DATED
01.03.2025 PREFERRED BY THE PETITIONER
TO THE 2 ND RESPONDENT THROUGH PROPER
CHANNEL
Exhibit P4 TRUE COPY OF THE COVERING LETTER DATED
03.03.2025 ISSUED BY THE HEAD OF THE
INSTITUTION OF THE PETITIONER
FORWARDING EXT P3 TO THE 3 RD
RESPONDENT
EXHIBIT P5 TRUE COPY OF POLICE CLEARANCE
CERTIFICATE ISSUED TO THE PETITIONER
DATED 20.03.2025
RESPONDENT'S EXHIBITS
Exhibit R2(a) TRUE COPY OF THE THE POLICE
VERIFICATION FORM DATED 11.10.2021
FILLED BY THE PETITIONER
Exhibit R2(b) TRUE COPY OF THE LETTER NO.
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441/SB/VR/SS/2022/RC DATED 07.07.2022
FROM THE DISTRICT POLICE CHIEF,
DISTRICT SPECIAL BRANCH, THRISSUR CITY
Exhibit R2(c) TRUE COPY OF THE AFFIDAVIT DATED
07.03.2025 FURNISHED BY THE PETITIONER
Exhibit R2(d) TRUE COPY OF THE UNIVERSITY LETTER NO.
KAUGA/2108/2025-GA-82 DATED 07.03.2025
Exhibit R2(e) TRUE COPY OF THE UNIVERSITY LETTER NO.
RAUGA/2108/2025-GA-82 DATED 14.03.2025
Exhibit R2(f) TRUE COPY OF THE UNIVERSITY ORDER NO.
KAUGA/851/2025-GA-83 DATED 21.03.2025
