PRAVEENA P., Vishnu P.V., Binto Benny, YADHUKRISHNAN.K.M., NITHIN RAJAN v. State of Kerala, Animal Husbandry and Dairy Development; Kerala Veterinary and Animal Sciences University; Registrar, Kerala Veterinary and Animal Sciences University

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942** ## **WP(C).No.29102 OF 2020(K)** ## **PETITIONERS:** - **1 PRAVEENA P AGED 27 YEARS D/O PRABHAKARAN, PARATHOLIL HOUSE, KARIMPUZHA.P.O, PALAKKAD DIST.** - **2 VISHNU.P.V, AGED 27 YEARS S/O VENUGOPAL, PULAKKAL HOUSE, THOTTIPPAL.P.O, THRISSUR DISTRICT.** - **3 BINTO BENNY, AGED 27 YEARS S/O BENNY,NEELANKAVIL HOUSE, ADAT.P.O, THRISSUR DIST.** - **4 YADHUKRISHNAN.K.M, AGED 27 YEARS S/O MURALIDHARAN.K.R, KALIYAN HOUSE, MUTTITHADI.P.O, BHARATHA, THRISSUR DIST.** - **5 NITHIN RAJAN, AGED 27 YEARS S/O RAJAN.M.P, MAROTTIKUNNATH HOUSE, KORUMBISSERY,IRINJALAKUDA.P.O, THRISSUR DISTRICT.** **BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.MAYA M.** ## **RESPONDENTS:** **1 STATE OF KERALA ANIMAL HUSBANDRY AND DAIRY DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.** **WP(C).No.29102 OF 2020(K)** **2** - **2 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, REPRESENTED BY ITS REGISTRAR, POOKODE, WAYANAD, PIN-673576.** - **3 REGISTRAR, THE KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY, POOKODE, WAYANAD, PIN-673576.** ## **BY ADV. SRI.MANOJ RAMASWAMY** ## **GP SRI B. HARISH KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.29102 OF 2020(K)** **3** ## **JUDGMENT** ## **Dated this the 17th day of March 2021** Petitioners, through instant writ petition, have sought indulgence of this Court by laying challenge to Ext.P11 an order dated 30.11.2020 passed by the 3rd respondent whereby, the representation for absorption as permanent employees by regularizing the services, has been rejected. 2. All the petitioners after successful completion of Diploma in Poultry Production course were engaged on temporary basis in various poultry farms and feed mill as Farm Assistants, Feed Mill Assistants, Lab Assistant and Poultry Attenders from 2011 onwards and are being continuously engaged as daily wages employees. 3. Leaned counsel appearing on behalf of the petitioners submits that regularisation of the petitioners was sought in view of the judgment of the Hon’ble Supreme Court in _**Jammu and Kashmir**_ v. _**District Bar Association Bandipora**_ [2017 (3) SCC 410] wherein, after considering the precedents it was held that the scheme of regularisation must **WP(C).No.29102 OF 2020(K)** **4** be aimed at validating certain irregular appointments. There are about seventy (70) vacancies with the respondents, but have not taken steps to report to the Public Service Commission instead the petitioners could have been adjusted. Nor any steps of framing the scheme of regularisation for validating irregular appointments have been taken. The reliance of the respondents to the statutory Rules is not acceptable as they are legitimately expected to frame a scheme in view of the decision of Hon’ble Supreme Court in _**State of Karnataka**_ v. _**Umadevi**_ [2006 (4) SCC 1]. 4. On the other hand, learned counsel representing the respondents 2 and 3 opposed the writ petition on the ground that Ext.P7 judgment would have no applicability in the case of the petitioners, as the respondent University sanctioned posts under a well-defined statute prescribing the method of appointment. Chapter 2 of Kerala Veterinary and Animal Sciences University Act stipulates the power and function of the University ie., for creating of non-teaching, skilled, administrative, ministerial and other posts for a period, **WP(C).No.29102 OF 2020(K)** **5** prescribe pay scale for such posts with prior approval of the Government and fix the method of appointment with the proviso that the university will be competent to create temporary/contractual posts for a period not exceeding three years for executing the projects aided by funding agencies without permanent commitment to the University or the Government. Section 189 of the aforementioned statute also enumerate that the recruitment to the posts of non-teaching staff shall be made only by Kerala Public Service Commission. Petitioners are not entitled to get any relief on the basis of the grounds mentioned in the writ petition and urged this Court for dismissal of this writ petition. 5. I have heard the learned counsel for the parties and appraised the paper book. 6. Chapter 2 and Section 189 of Kerala Veterinary and Animal Sciences University Act read thus: “5. Chapter 2 of Kerala Veterinary and Animal Sciences University Act deals with the powers and functions of the University. It stipulates as follows:- (xiv) to creating of non-teaching, skilled, administrative, ministerial and other posts for a period and prescribe **WP(C).No.29102 OF 2020(K)** **6** pay scale for such posts, with prior approval of the Government and fix the method of appointment and to make appointments there to: Provided that the university shall be competent to create a temporary/contractual posts for a period not exceeding three years for executing projects aided by funding agencies without permanent commitment to the University or Government. ## - Section 189: - 189:- Recruitment to posts:-The recruitment of posts of nonteaching staff shall be made by Kerala Public Service Commission. The Board of Management shall report vacancies to the Kerala Public Service Commission from time to time.” 7. The judgment relied upon by the petitioners was a case where High Court had directed the state government for regularisation of service but the same was set aside as the Government was contemplating to frame a scheme of regularisation. The respondents are required to frame scheme in view of the dictum laid down in _**Umadevi**_ (supra) but so far not been framed as there is no categoric averment in the counter affidavit and the agony of temporary recruitment/contractual appointment is unabated. Such **WP(C).No.29102 OF 2020(K)** **7** exercise cannot be permitted to continue for an infinite period particularly when no steps have been taken to fill up the vacancies by reporting to Kerala Public Service Commission in view of provisions of Section 189 of the statute, _ibid_ . Order Ext.P11 rejecting the case for the time being cannot be faulted with as respondents have so far not framed any scheme for regularisation and are employing the persons on temporary basis with impunity, basically to augment their finances as payment of salary to such recruits are far less than that of the regular appointees. This exercise cannot escape judicial scrutiny of the Court nor can remain as a mute spectator. Upholding the order Ext.P11 for the time being, dispose of the writ petition by issuing directions to the University to frame scheme for regularisation of the temporary employees /contractual staff as expeditiously as possible in tandem with the judgment rendered in _**Umadevi**_ case. Let this exercise be undertaken within a period of four(4)( months from the receipt of a copy of this judgment. Till such time, they will not undertake the task of dispensing with services of **WP(C).No.29102 OF 2020(K)** **8** temporary/contractual employees and replace with another set of contractual employees as this is totally against the dictum laid down by the Hon'ble Supreme Court in _**Hargurpratap Singh V. State of Punjab**_ [2007 (13) SCC 292]. Till such time, the petitioner are directed to continue to man the posts with exception that in case they violate any of the conditions of the employment, the respondents would not be barred from taking action in accordance with law. This writ petition stands disposed of. Sd/ ## **AMIT RAWAL** **JUDGE** nak **9** ## **WP(C).No.29102 OF 2020(K)** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED TO 1ST PETITIONER BY THE COURSE DIRECTOR, CENTRE FOR ADVANCED STUDIES IN POULTRY DATED 01.10.2013.** **EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED TO 1ST PETITIONER BY THE COURSE DIRECTOR,COURSE FOR ADVANCED STUDIES IN POULTRY DATED 01.10.2015.** - **EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 31.07.2017** - **EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED TO THE 3RD PETITIONER DATED 08.12.2015.** - **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED TO THE 4TH PETITIONER DATED 05.07.2018.** - **EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED TO THE 5TH PETITIONER DATED 08.07.2014.** - **EXHIBIT P7 TRUE COPY OF THE DECISION REPORTED IN 2017(3)SCC 410.** - **EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.20/2018/ITD DATED 15.08.2018.** - **EXHIBIT P8(A) TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.134/2019/AGRL.DATED 16.11.2019.** - **EXHIBIT P8(B) TRUE COPY OF THE GOVERNMENT ORDER G.O(MS)NO.132/2019/AGRL DATED 16.11.2019.** **EXHIBIT P8(C) TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.110/2015/FOREST DATED 28.12.2015.** **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 10.02.2019 FILED BY THE 1ST PETITIONER TO THE HON'BLE MINISTER FOR VETERINARY** **10** ## **WP(C).No.29102 OF 2020(K)** **AND ANIMAL SCIENCE,WHICH WAS FORWARDED BY THE HON'BLE MINISTER TO THE 3RD RESPONDENT.** **EXHIBIT TRUE COPY OF THE JUDGMENT IN WP(C)NO.19038/2020 DATED 16.09.2020 OF THIS HON'BLE COURT. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 30.11.2020 OF THE 3RD RESPONDENT.**