Kerala High Court
Lalgimon. K.C vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33537
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. 13164 OF 2024
PETITIONERS:
1 LALGIMON K.C
AGED 46 YEARS
SECURITY GUARD,
COLLEGE OF APPLIED SCIENCES,
CHEERAMENI, PETTIKUNDU (PO), KASARAGOD
RESIDING AT KALLEPPURAYIDATHIL, CHANEDUKKAM,
CHEEMENI, PETTIKUNDU (PO), KASARAGOD,
PIN - 671313
2 T.K. BIJU,
AGED 47 YEARS
S/O. T.G.KUNJUMON, SECURITY GUARD,
TECHNICAL HIGHER SECONDARY SCHOOL,
INSTITUTE OF HUMAN RESOURCES AND DEVELOPMENT,
[ I.H.R.D.] PEERUMEDU, IDUKKI DISTRICT,
RESIDING AT THEKKIRICKKAL HOUSE, PAINAVU,
IDUKKI, PIN - 685603
3 ANILKUMAR.N.V,
AGED 44 YEARS
S/O. V.KRISHNAN, SECURITY GUARD,
COLLEGE OF APPLIED SCIENCES, CHEEMENI,
PETTIKUNDU (PO), KASARAGOD
RESIDING AT NADUVILE VEETTIL, KARIPPU (PO),
CHAPURAPADAV (VIA), PERUMPADAM, KANNUR,
PIN - 671313
4 TOMSON MATHEW,
AGED 48 YEARS
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WP(C) No.13164 of 2024
2
S/O. MATHEW, SECURITY GUARD,
COLLEGE OF APPLIED SCIENCES, KATTAPPANA,
IDUKKI RESIDING AT PANACKACHIRA HOUSE,
KOCHUTHOVALA (PO), KATTAPPANA,
IDUKKI, PIN - 685508
5 MINIMOL JOSEPH,
AGED 49 YEARS
W/O. REJI MATHEW,
COLLEGE OF APPLIED SCIENCES, KATTAPPANA,
IDUKKI RESIDING AT POKKAMTHAKIDIYIL,
KADAMAKUZHI, VELLAKKADAVU, IDUKKI, PIN - 685515
6 USHA THOMAS,
AGED 54 YEARS
W/O. KURIAN K.K, MODEL POLYTECHNIC COLLEGE,
NEAR A.R. CAMP, PAINAVU (PO), IDUKKI - 685 603
RESIDING AT KUMBATTU HOUSE, IDUKKI COLONY (PO),
VAZHATHOPPU, IDUKKI, PIN - 685603
7 GANGAPRASAD.S,
AGED 52 YEARS
S/O. SREEDHARAN, SECURITY GUARD,
COLLEGE OF APPLIED SCIENCES, PWD REST HOUSE,
INSTITUTE OF HUMAN RESOURCES AND DEVELOPMENT,
KUTTIKKANAM (PO), PEERUMEDU, IDUKKI DISTRICT,
RESIDING AT VALIYAPURACKAL HOUSE, ETTEKKAR,
PUTHUVAL, CHENKARA (PO), KUMILY, IDUKKI,
PIN - 685533
8 LISSIYAMMA.K.M,
AGED 58 YEARS
W/O. A.D. JOHNSON,
LAST GRADE SERVANT/FULL TIME SWEEPER,
COLLEGE OF APPLIED SCIENCES, NEDUMKANDAM,
IDUKKI - 685 553, RESIDING AT ARIKEL HOUSE,
CHINNAKKANAL (PO), IDUKKI, PIN - 685618
BY ADV. SRI. U.BALAGANGADHARAN
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WP(C) No.13164 of 2024
3
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
REPRESENTED BY ITS DIRECTOR, PROJECT TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
3 THE DIRECTOR,
INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
PROJECT TOWERS, VAZHUTHACAUD
THIRUVANANTHAPURAM, PIN - 695014
4 THE ADMINISTRATIVE OFFICER,
INSTITUTE OF HUMAN RESOURCE DEVELOPMENT,
TC 86/1949(2), NH BYE PASS JUNCTION, CHACKAI,
PETTAH (PO), THIRUVANANTHHAPURAM, PIN - 695004
BY ADV.
SRI. DEEPU THANKAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2025 AND THE COURT ON 13.05.2025 DELIVERED THE
FOLLOWING:
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WP(C) No.13164 of 2024
4
JUDGMENT
Dated this the 13th day of May, 2025
The petitioners, who are working as daily wage
workers in the Institute of Human Resource Development
(IHRD), are before this Court for the fifth time seeking to
command the 2nd respondent-IHRD to consider appointment
of the petitioners against regular posts of Peon-cum-Watcher /
Gardner and Sweeper-cum-Peon in the Institute against the
vacancies arose from 2011 and to disburse all consequential
benefits.
2. The petitioners state that they have been
continuing from 2001 on daily wage basis and from 2011 on
consolidated wages. They were assured appointment to
regular posts in the next vacancies on the intervention of this
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Court. Though sufficient vacancies arose, the petitioners were
not appointed on a regular basis.
3. The IHRD drew up Ext.P10 Scheme for
appointment to various Last Grade posts, which also provided
regularising the existing adhoc/provisional/temporary/daily
wage workers. In Ext.P10 Scheme, there was a proposal to
terminate the services of the petitioners. The petitioners,
therefore filed W.P.(C) No.24297/2008. The writ petition was
dismissed. The petitioners therefore filed WA No.1846/2010. It
was thereafter that the petitioners were appointed on
consolidated pay of ₹6000 per month.
4. The petitioners thereafter filed W.P.(C)
No.8617/2014 seeking to appoint them against the vacancies
available. The writ petition was disposed of directing the
respondents to consider the representations filed by the
petitioners. The representations were rejected by the
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respondents as per Ext.P14 stating that financial condition of
IHRD is not conducive. Ext.P14 was challenged filing W.P.(C)
No.21924/2015. In the writ petition this Court passed an
interim order directing the respondent to consider the request
for regularisation of the petitioners. The request was again
rejected as per Ext.P15 order stating that it is not the policy of
the Government to regularise daily wage / consolidated pay
employees.
5. This Court disposed of W.P.(C)
No.21924/2015 holding that the claim of the petitioners is not
for regularisation, but for appointment to regular post as and
when vacancies arise. This Court directed the respondents to
reconsider the claim for appointment of the petitioners to
regular vacancies, within a time frame. The IHRD thereafter
passed Ext.P17 proceedings stating that the request of the
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petitioners for regularisation of their appointment cannot be
considered now.
6. The petitioners again approached this Court
filing W.P.(C) No.1817/2023. The said writ petition was
disposed of as per Ext.P18 judgment setting aside Ext.P17
and directing the respondent to reconsider the claim in terms
of Ext.PI6 judgment. The request was again rejected as per
Ext.P19 order reiterating what has been stated in Ext.P17.
The petitioners have filed the writ petition aggrieved by
Ext.P19.
7. The petitioners state that they were
appointed on consolidated pay as per Ext.P1. The petitioners
are entitled to be appointed against the vacancies arising in
Last Grade. The IHRD has no case that they don't have
vacancies to accommodate the petitioners. The law laid down
by the Hon'ble Apex Court in Secretary, State of Karnataka
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and others v. Umadevi and others [(2006) 4 SCC 1] cannot
be applied to the petitioners, because the petitioners are not
seeking regularisation. The request of the petitioners is to
consider them for regular appointment through a selection
process giving weightage for their previous service.
8. Respondents 2 to 4 filed a counter affidavit.
Respondents 2 to 4 stated that the petitioners' claim for
regularisation based on assurance given, is unsustainable.
When proceedings were issued for their engagement, an
assurance was incorporated stating that they will be
considered for appointment to regular posts in accordance
with the rules and regulations in force. The respondents
stated that the said assurance was illegal as it went against
the special rules. As per the special rules, 20% of the
sanctioned posts were to be filled by internal promotion from
regular part-time employees of IHRD.
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9. The respondents further submitted that
during the last decade, there was drastic reduction of students
under IHRD institutions. Many Courses were dropped and
many IHRD institutions are on the verge of closing down due
to poor response from students. The financial position of the
IHRD is precarious due to significant reduction in students'
intake. Therefore, the petitioners cannot be given regular
appointments. The writ petition is without any merit and it is
liable to be dismissed.
10. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
respondent 2 to 4. I have also heard the learned Government
Pleader representing the 1st respondent.
11. The petitioners were engaged as
Watchman / Peons in the Engineering Colleges on daily wage
basis in the year 2001. The petitioners were issued with
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orders appointing them on consolidated pay of ₹6000 per
month on adhoc basis in the year 2011. By Ext.P16 judgment
in W.P.(C) No.21924/2015 and connected cases, this Court
directed the IHRD to reconsider the claims of the petitioners
strictly in terms of the proceedings under which they were
appointed. The IHRD, however, rejected the claim of the
petitioners holding that the Government has rejected the
proposal for regularisation of the petitioners, citing judgments
of the Hon'ble Apex Court.
12. The petitioners again approached this Court
filing W.P.(C) No.1817/2023. This Court noted that this Court
had not directed regularisation of the appointment of the
petitioners and this Court had only directed to go by the
undertaking contained in the order of appointment and
consider the claim of the petitioners for appointment against
regular posts as and when vacancies arise. This Court
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therefore directed the respondents to reconsider the claim of
the petitioners, in terms of Ext.P19 judgment in W.P.(C)
No.21924 of 2015.
13. The request of the petitioners stands
rejected as per Ext.P19 proceedings dated 06.01.2024. In
Ext.P19 order, the respondents have stated that the
assurance given to the petitioners for consideration for regular
appointment goes against the prevailing special rules. The
petitioners are not entitled to regularisation. The IHRD had
fixed the staff strength when the student strength was 40,000.
The number of students has now come down to 30,000.
Revision of staff pattern is pending. Therefore, the argument
of the petitioners that there are 42 regular vacancies cannot
be accepted.
14. Ext.P1 is the proceedings engaging the 1st
petitioner as Watchman / Peon on daily wage basis. In Ext.P1,
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it has been made clear that the petitioners will have no claim
for regular appointment under the IHRD under any
circumstances. Subsequently, Ext.P10 Rules were framed for
Recruitment of Last Grade servants and Part-time staff under
the IHRD. Ext.P10 stated that the adhoc Last Grade servants
and Part-time servants who have served for a minimum period
of one year will be allowed a grace mark in the interview for
each completed spell of two years. Therefore, it is evident that
the petitioners have a right to be considered for appointment
in regular posts.
15. The right of the petitioners for consideration
for regular appointment is upheld by this Court in Ext.P16
judgment in W.P.(C) No.21924/2015 and in Ext.P18 judgment
in W.P.(C) No.1817/2023. But, even when such a right exists,
the petitioners can aspire for consideration only when regular
appointment to vacant posts are resorted to.
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16. Respondents 2 to 4 have stated that during
the last 10 years, student strength has reduced considerably
in their institutions. In the year 2014, the Government as per
Ext.R2(e) Government Order dated 14.02.2014 has ordered
that there should be a revision of staff strength every year in
tune with the strength of the students.
17. There were 88 Institutions under the IHRD
and 130 sanctioned regular posts of LGS and 9 posts of
Sweeper-cum Peon. The Staff Strength was fixed when there
were more than 40,000 students under the IHRD. Now, the
student strength is less than 30,000. The posts presently held
by the regular staff is retained owing to the non-fixation of staff
strength.
18. There was drastic reduction of student
strength affecting the financial viability of IHRD. Payment of
salary to staff is in arrears. Some educational institutions
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were closed down due to want of students and the teaching
and non-teaching staff were rendered surplus.
19. In the circumstances, the petitioners cannot
insist that they should be appointed to regular posts based on
the cadre strength fixed in the year 2014. It is for the
employer to decide whether any posts are to be filled up or
not. The right of the petitioner based on Exts.P10, P16 and
P18 would arise only when respondents 2 to 4 refix the staff
strength or when they initiate process for recruitment for
regular appointment to the posts of Last Grade service.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 13164/2024
PETITIONER'S EXHIBITS
Exhibit P 1 A TRUE COPY OF THE ORDER NO.
E1/10908/2000/HRD DATED 1..2..2001
ISSUED BY THE ADDITIONAL DIRECTOR IN
CHARGE OF DIRECTOR , IHRD TO THE 1ST
PETITIONER
Exhibit P 2 A TRUE COPY OF THE ORDER NO.
E1/10908/2000/HRD DATED 8..3..2001
ISSUED BY THE DIRECTOR, IHRD TO THE
3RD PETITIONER
Exhibit P 3 A TRUE COPY OF THE ORDER NO.
E4/5242/2001/HRD DATED 12..12..2001
ISSUED BY THE DIRECTOR, IHRD TO THE
4TH PETITIONER
Exhibit P 4 A TRUE COPY OF THE ORDER NO.
E3/8940/2001/HRD DATED 19..9..2001
ISSUED BY THE DIRECTOR, IHRD TO THE
5TH PETITIONER
Exhibit P 5 A TRUE COPY OF THE ORDER NO.
E1/10908/2000/HRD DATED 24..1..2001
ISSUED BY THE ADDITIONAL DIRECTOR IN
CHARGE OF DIRECTOR , IHRD TO THE 2ND
PETITIONER
Exhibit P 6 A TRUE COPY OF THE ORDER NO.
E1/10908/2000/HRD DATED 19..2..2001
ISSUED BY THE DIRECTOR, IHRD TO THE
7TH PETITIONER
Exhibit P 7 A TRUE COPY OF THE ORDER NO.
E4/10908/2000/HRD [2] DATED 28.12.2005
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ISSUED BY THE 3RD RESPONDENT
Exhibit P 8 A TRUE COPY OF THE ORDER NO.
E2/7296/98/HRD DATED 02.09.1998 ISSUED
BY THE 3RD RESPONDENT
Exhibit P 9 A TRUE COPY OF THE LETTER DATED
08.07.2008 OF THE IHRD RECEIVED UNDER
RTI ACT
Exhibit P 10 A TRUE COPY OF THE SCHEME APPOINTMENT
TO THE POST OF LAST GRADE SERVANTS
DATED 22.03.2008 ISSUED BY THE 3RD
RESPONDENT
Exhibit P 11 A TRUE COPY OF THE APPOINTMENT ORDER
NO.EB2/16033/2010/HRD DATED 03.03.2011
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS
Exhibit P 12 A TRUE COPY OF THE LETTER DATED
04.12.2013 OF THE IHRD RECEIVED UNDER
RTI ACT
Exhibit P 13 A TRUE COPY OF THE APPLICATION UNDER
RTI ACT DATED 30.10.2013
Exhibit P 14 A TRUE COPY OF THE ORDER
NO.EB2/4427/2014/HRD DATED 11.12.2014
ISSUED BY THE 4TH RESPONDENT
Exhibit P 15 A TRUE COPY OF THE ORDER
NO.EB2/10650/2016/HRD [ 1 ] DATED
04.08.2016 ISSUED BY THE 3RD
RESPONDENT
Exhibit P 16 A TRUE COPY OF THE JUDGMENT DATED
02.08.2022 IN WP(C) NO. 21924/15
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Exhibit P 17 A TRUE COPY OF THE ORDER NO.EB2/
15405/2018/HRD (6) DATED 15.11.2022
ISSUED BY THE 3RD RESPONDENT
Exhibit P 18 A TRUE COPY OF THE JUDGMENT DATED
6.10.2023 W.P.[C]NO. 1817/2023
Exhibit P 19 A TRUE COPY OF THE ORDER
NO.EB2/123/2023/HRD DATED 6.1.2024
Exhibit P 20 A TRUE COPY OF THE ORDER NO.
IHRD/154/2024 - EB2 DATED 04.10.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P 21 A TRUE COPY OF THE DETAILS OF POSTS
AND VACANCIES
RESPONDENTS' EXHIBITS
Exhibit R2-(a) TRUE COPY OF SPECIAL RULES
Exhibit R2-(b) TRUE COPY OF PROCEEDINGS NO. EB2/
16033/2010/HRD(18) DATED 03.03.2011
Exhibit R2-(c) TRUE COPY OF NOTIFICATION NO.
RECTT/03/09/HRD DATED 31.01.2009
Exhibit R2-(d) TRUE COPY OF SPECIAL RULES DATED
20.08.2014
Exhibit R2-(e) TRUE COPY OF THE GOVERNMENT ORDER
DATED 14.02.2014
