Sumod M.S., Leni M.S. and Finto P.X. v. The Kerala Veterinary and Animal Science University and State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 24[TH] DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944** ## **WP(C) NO. 1201 OF 2016** ## **PETITIONERS:** 1 SUMOD.M.S AGED 47 YEARS S/O. SUDHAKARAN, PROCESSING ASSOCIATE, DEPARTMENT OF LIVE STOCK PRODUCT TECHNOLOGY (MEAT TECHNOLOGY UNIT), COLLEGE OF VETERINARY AND ANIMAL SCIENCE, MANNUTHY P.O., THRISSUR DISTRICT-680 651, RESIDING AT MATTATHUM KATTIL HOUSE, NEELA MURI ROAD,PONNURUNNI, VYTTILA P.O., KOCHI-682 019. 2 LENI M.S. AGED 38 YEARS S/O. M.V.SIVAN, MEAT PROCESSING ASSOCIATE, DEPARTMENT OF LIVE STOCK PRODUCT TECHNOLOGY (MEAT TECHNOLOGY UNIT), COLLEGE OF VETERINARY AND ANIMAL SCIENCE, MANNUTHY P.O., THRISSUR DISTRICT-680 651, RESIDING AT MADATHIKUDI, VENGOOR P.O., KAIPPILLY, ERNAKULAM DISTRICT-683 546. 3 FINTO P.X. AGED 35 YEARS S/O. P.T.XAVIER, MEAT PLANT OPERATION ASSOCIATE, DEPARTMENT OF LIVE STOCK PRODUCT TECHNOLOGY (MEAT TECHNOLOGY UNIT), COLLEGE OF VETERINARY AND ANIMAL SCIENCE, MANNUTHY P.O., THRISSUR DISTRICT-680 651, RESIDING AT PORATHUR HOUSE, VETTUKADU P.O., THRISSUR DISTRICT-680 014. BY ADVS. SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SRI.G.RENJITH ## **RESPONDENTS:** 1 THE KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY, REPRESENTED BY ITS REGISTRAR, POOKODE P.O., WAYANAD WP(C) NO. 1201 OF 2016 2 DISTRICT-673 592. 2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, ANIMAL HUSBANDRY AND DAIRYING DEPARTMENT, THIRUVANANTHAPURAM (IS SUOMOTU IMPLEADED AS ADDITIONAL 2ND RESPONDENT IN THE WRIT PETITION AS PER ORDER DATED 24.02.2023) BY ADVS. SRI.MILLU DANDAPANI,SC,K.V & A.S. UTY MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY SRI.K.M.FAISAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1201 OF 2016 3 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------W.P.(C)No. 1201 of 2016 ---------------------------------------------Dated this the 24[th ] day of February, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: _“(i) To declare that the inaction on the part of the respondent University in appointing the petitioners herein in the respective posts in which they are presently working in the respondent University is in violation of their fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution._ _(ii) To call for the records leading upto Exhibit P12 and quash the same by the issuance of a writ of Certiorari or any other appropriate writ, order or direction._ _(iii) To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondent University to appoint the petitioners in the regular service of the said University in the respective posts in which they are presently working forthwith._ _(iv) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.”[SIC]_ WP(C) NO. 1201 OF 2016 4 2. The 1[st] and 2[nd] petitioners herein are working as Processing Associates and the 3[rd] petitioner as Plant Operation Associate in the Department of Live Stock Production Technology Department (Meat Technology Unit), of the 1[st] respondent University. They are aggrieved by the denial of absorption of them in the regular service of the respondent University in spite of a direction issued by this Court in W.P.(C)No.29639/ 2010. It is also the case of the petitioners that this Court had considered the grievance of a similar person in W.P.(C) No.36138/2005 and ordered the respondent University to regularize his service. A similar treatment is not given to the petitioners, is their grievance. Hence this Writ Petition is filed. 3. Heard counsel appearing for the petitioners, learned Standing counsel appearing for the 1[st] respondent and the learned Government Pleader. 4. Today when the matter came up for consideration, the Standing counsel appearing for the 1[st] WP(C) NO. 1201 OF 2016 5 respondent University submitted that the Registrar of the University submitted a letter to the Minister concerned for creating three posts to accommodate the temporary employees like the petitioners. In the light of the same, I think this writ petition itself can be disposed of directing the 2[nd] respondent to consider the request submitted by the 1[st] respondent. The Government will also consider the fact that the 1[st] petitioner is continuing from 1995 and the 2[nd] and 3[rd] petitioners are continuing from 2001 onwards. In _**Secretary, State of Karnataka and others v. Uma devi and others**_ [2006 (4) SCC 1], the Apex Court also observed that, one time regularisation is also possible. Here is the case where the 1[st] respondent clearly says that the petitioners are regularly working and if a post is created, they have no objection in regularising the petitioners to that post. If that is the case, the Government has to consider the matter sympathetically. The counsel appearing for the petitioners also submitted that the petitioners were WP(C) NO. 1201 OF 2016 6 appointed after following the due selection process. The same also will be considered by the 2[nd] respondent. Therefore, this writ petition is disposed of in the following manner: i. The additional 2[nd] respondent is directed to consider the proposal submitted by the 1[st] respondent bearing No.K.V.A.S.U/G.A/A3/10910/ 2020 dated 03.02.2021 and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. ii. The petitioners will produce a certified copy of this judgment along with a copy of this writ petition before the 2[nd] respondent for compliance. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO. 1201 OF 2016 7 ## **APPENDIX OF WP(C) 1201/2016** ## PETITIONER EXHIBITS |EXHIBIT-P1|TRUE COPY OF THE JUDGMENT DATED| |---|---| ||15.11.2012 IN WP (C) NO.36138 OF| ||2005.| |EXHIBIT-P2|TRUE COPY OF THE NOTIFICATION ISSUED| ||BY THE RESPONDENT UNIVERSITY.| |EXHIBIT-P3|TRUE COPY OF THE ORDER DATED| ||04.07.1995 ISSUED TO THE 1ST| ||PETITIONER.| |EXHIBIT-P4|TRUE COPY OF THE ORDER DATED| ||29.11.2001 ISSUED BY THE RESPONDENT| ||UNIVERSITY.| |EXHIBIT-P5|TRUE COPY OF THE LETTER DATED| ||22.10.2009 PROFESSOR AND HEAD TO THE| ||REGISTRAR OF THE UNIVERSITY.| |EXHIBIT-P6|TRUE COPY OF THE JUDGMENT DATED| ||12.8.2011 IN WPC NO.29639 OF 2010.| |EXHIBIT-P7|TRUE COPY OF THE PROCEEDINGS DATED| ||31.5.2014 ISSUED BY THE RESPONDENT| ||UNIVERSITY.| |EXHIBIT-P8|TRUE COPY OF THE REPRESENTATION DATED| ||1.2.2013 SUBMITTED BY THE PETITIONER| ||BEFORE THE RESPONDENT UNIVERSITY.| |EXHIBIT-P9|TRUE COPY OF THE COMMUNICATION DATED| ||24.5.2014 FROM THE PROFESSOR & HEAD| ||ADDRESSED TO THE REGISTRAR OF THE| ||UNIVERSITY.| |EXHIBIT-P10|TRUE COPY OF THE JUDGMENT DATED| ||31.10.2014 IN WP (C) NO.28727 OF| ||2014.| |EXHIBIT-P11|TRUE COPY OF THE REPRESENTATION DATED| WP(C) NO. 1201 OF 2016 8 2.12.2014] SUBMITTED BY THE PETITIONERS BEFORE THE REGISTRAR OF THE UNIVERSITY. EXHIBIT-P12 TRUE COPY OF THE COMMUNICATION DATED 24.02.2015 RECEIVED BY THE PETITIONERS FROM THE REGISTRAR OF THE UNIVERSITY. EXHIBIT-P13 TRUE COPY OF THE REPORT DATED 19.02.2015 OF THE JOINT DIRECTOR, AUDIT DEPARTMENT. EXHIBIT-P14 TRUE COPY OF THE REPRESENTATION DATED 19.9.2015 SUBMITTED BY THE PETITIONERS BEFORE THE VICE CHANCELLOR, RESPONDENT UNIVERSITY. EXHIBIT-P15 TRUE COPY OF THE COMMUNICATION DATED 20.05.2015 ISSUED BY THE PROFESSOR & HEAD TO THE DIRECTOR OF ACADEMICS & RESEARCH. RESPONDENT ANNEXURES ANNEXURE COMMUNICATION NO. KVASU/GA/A3/10910/2020 DATED 03.02.2021 FROM 1ST RESPONDENT //TRUE COPY// PA TO JUDGE