Sheeba M.M. & others v. Cochin University of Science and Technology and others

``` WP(C) NO. 12971 OF 2021 1 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN ``` ``` WEDNESDAY, THE 30[TH] DAY OF JUNE 2021 / 9TH ASHADHA, 1943 WP(C) NO. 12971 OF 2021 ``` ## **`PETITIONERS:`** ``` 1 SHEEBA.M.M AGED 41 YEARS W/O. MATTEKOMBIL HOUSE, METHALA P.O. KURUPPAMPADI ERNAKULAM 683 545. 2 DILSHA CHANDRAN, AGED 39 YEARS VADAKKEPANATTIL , KANJIRAMATTOM P.O. ERNAKULAM. 3 ANITHA G., AGED 48 YEARS ANIL SOUDHAM, VH COLONY, UCC PO., ALUVA 2, ERNAKULAM. 4 BEENA MP, AGED 40 YEARS KOTTAKAL HOUSE, MELUR P.O CHALAKKUDY, THRISSUR 680 311. 5 I.C. GANESHAN, AGED 51 YEARS ILLATH KUDI HOUSE, VENGOLA P.O. PANKIMALA, ERNAKULAM 683 556. 6 KALESH KUMAR V R, AGED 42 YEARS VELAMKULATHIL, MANNANAM P.O. KOTTAYAM 686 561. 7 VIJESH K.B., AGED 42 YEARS KARUVELIL, MARUVANTHURUTHU, VADAKKEKKARA, P.O. ERNAKULAM 683 522. 8 BIJU SREEDHARAN A, AGED 44 YEARS ``` ``` WP(C) NO. 12971 OF 2021 2 ``` ``` ATTASSERI HOUSE, KUTTOOR P.O. THRISSUR 680 013. 9 VINAYAN C.K. AGED 38 YEARS CHATHUKKULANGARA HOUSE, THEKKUMKARA P.O. ENKAKKAD, THRISSUR 680 589. 10 SAJI.K. J., AGED 48 YEARS KATTHITHARA HOUSE, ST JAMES ROAD, THYKOODAM, VYTILA P.O. ERNAKULAM 682 019. 11 SUDHEESH KUMAR PS, AGED 36 YEARS PUTHANKATTU NIKARTHIL, AROOR P.O. ALAPPUZHA 688 534. 12 SURESH PM, AGED 40 YEARS VAZHAYILVALAPPUMEETHEL HOUSE, IRINGATH P.O. MEPPAYUR, KOZHIKODE 673 523. 13 VIJU MT, AGED 43 YEARS MADATHILPARAMBIL PATTANAKKAD P.O. ALAPPUZHA 688 531. 14 YESUDAS KA, AGED 40 YEARS KOCHERI HOUSE, KUMBALANGI P.O. KALLANCHERY, KOCHI, ERNAKULAM 682 007. 15 FIROZ KR, AGED 46 YEARS KOLOTHARA HOUSE, NJARAKKAL P.O. ERNAKULAM 682 505. 16 SAJEEV C, AGED 33 YEARS CHELAKKADKUNNU, THAROOR P.O., PALAKKAD 678 547. 17 AGEETHA OS, AGED 41 YEARS OLIKKUZHYMUKAL HOUSE, COCHIN UNIVERSITY P..O. ``` ``` WP(C) NO. 12971 OF 2021 3 ``` ``` KALAMMASSERY, ERNAKULAM 682 022. ``` ``` 18 MANJU KS, AGED 38 YEARS KANAMPURAM HOUSE, MALAYATTOOR P.O. ERNAKULAM 683 587. ``` ``` 19 SAJANI KU, AGED 40 YEARS 5/1094, CHERUKATT PARAMBIL HOUSE, MATTANCHERY, ERNAKULAM 682 002. ``` ``` 20 SUJA MS, AGED 44 YEARS KARYIEYATH HOUSE, EDAVANAKKAD P.O. ERNAKULAM 682 502. ``` ``` 21 RAJANI NP. THEKKIKATTIL HOUSE VARAAPPUZHA P.O. ERNAKULAM 683 517. ``` ``` 22 NISHA VA, AGED 41 YEARS SURYATHARA HOUSE, CHERUPARAMBATH ROAD, KADAVANTHARA P.O. ERNAKULAM 682 020. 23 ANEESH KG, AGED 34 YEARS THEKKUTHALAMADM, VELIYATHNADU P.O. ALUVA, ERNAKULAM 683 511. 24 SHOBIKA MM, AGED 40 YEARS MURIYATHARA HOUSE, CHAKKARAPPADAM P.O. PERNJANAM, THRISSUR 680 686. 25 JENCY GEORGE, AGED 45 YEARS KALAPPURAKKAL HOUSE ELOOR EAST, UDYOGMANDAL P.O. ERNAKULAM 683 501. ``` ``` 26 JINESH BK, AGED 39 YEARS BUNGLAVUPARAMBIL HOUSE, PALAYAPARAMBU P.O. VYMTHALA ANNAMANADA, THRISSUR DISTRICT 680 741. ``` ``` WP(C) NO. 12971 OF 2021 4 ``` ``` 27 ANILMON.M., AGED 44 YEARS KANIYANPARAMBU, VALIYAMARAM, ALAPPUZHA 688 001. ``` ``` 28 ARUN C KARTHIK, AGED 35 YEARS CHAKKATHARA HOUSE, KEDAMANGALAM, NORTH PARAVUR, ERNAKULAM 683 513. ``` ``` BY ADVS. JOHN K.GEORGE K.S.ARUN KUMAR JUSTINE JACOB AMRUTHA K P ``` ## **`RESPONDENTS:`** ``` 1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, SOUTH KALAMASSERY, KOCHI 682 022. 2 VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY , SOUTH KALAMASSERY KOCHI 682 022. 3 REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY , SOUTH KALAMASSERY , KOCHI 682 022. 4 KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM 695 004. REPRESENTED BY SECRETARY. SC FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 12971 OF 2021 5 ``` ## **`JUDGMENT`** This writ petition is filed seeking the following reliefs: - _(1) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3[rd] respondent to convert the petitioners appointments as permanent._ - _(2) Issue a writ of mandamus or any other appropriate writ order or direction directing the 3[rd] respondent to consider Exhibit P5 representation at the earliest._ - _(3) Issue a writ of mandamus or any other appropriate writ order or direction directing the 3[rd] respondent to permit the petitioners to continue in the present post._ 2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent University. 3. It is submitted by the learned counsel for the petitioners that the petitioners are persons included in Ext.P1 ranked list prepared for appointment to the post of sweeper cum cleaner in the University. On the strength of their inclusion in the ranked list, they have been granted provisional appointment as sweeper cum cleaner on daily wages. It is submitted that the term of the petitioners’ appointments is to end on 02.07.2021. It is submitted that the respondents still require the services of the petitioners. However, petitioners apprehend that their services will be terminated after 02.07.2021. The petitioners have approached the respondents with Ext.P5 representation and seek a ``` WP(C) NO. 12971 OF 2021 6 ``` consideration of the same before their services are terminated. 4. The learned Standing Counsel appearing for the University submits that since Ext.P5 has been submitted by the petitioners before the University, the same will be considered in accordance with law by the competent authority in the University. Reference was made to a decision of the Division Bench of this Court in _**Biju C.V. vs. Jashna K.J and others 2021 (2) KHC 550,**_ where the right of persons included in the ranked list, even for provisional appointment has been considered. Having heard the learned counsel on both sides, I am of the opinion that since the petitioners have approached the respondents with Ext.P5 representation, the same is liable to be considered in accordance with law. There will, accordingly, be a direction to the 3[rd] respondent to take up, consider and pass orders on Ext.P5 representation submitted by the petitioners with notice to the petitioners and after hearing the representative of the petitioners through any appropriate means, including by video conferencing within a period of two months from the date of receipt of a copy of ``` WP(C) NO. 12971 OF 2021 7 ``` this judgment. The decision of the Division Bench in _**Biju C.V. vs. Jashna K.J and others 2021 (2) KHC 550,**_ shall also be considered while passing orders as directed above. Till such time as the orders are passed by the 3[rd] respondent, the petitioners shall be permitted to continue in service. This writ petition is ordered accordingly. **Sd/-** **ANU SIVARAMAN JUDGE** SVP ``` WP(C) NO. 12971 OF 2021 8 ``` ## **`APPENDIX OF WP(C) 12971/2021`** ``` PETITIONER ANNEXURE ``` ``` Exhibit P1 ``` ``` TRUE COPY OF THE RANK LIST NO. RECT/1109/2009 (1) DATED 28/12/2018 PUBLISHED BY RESPONDENT UNIVERSITY. ``` ``` Exhibit P2 ``` ``` TRUE COPY OF ORDER DATED 10.02.2020 PROMOTING 37 SWEEPER POST WORKERS TO THE POST OF OFFICE ATTENDANT. ``` ``` Exhibit P3 ``` ``` TRUE COPY OF THE INTERIM ORDER DATED 11.09.2020 IN WPC NO. 18640/2020. ``` ``` Exhibit P4 ``` ``` A TRUE COPY OF THE APPOINTMENT LETTER DATED 24.12.2020 OF 14TH OF THE PETITIONER. ``` ``` Exhibit P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONERS, SUBMITTED BEFORE THE 3RD RESPONDENT DATED 16.06.2021. ```