High Court of KeralaDivision BenchWrit Appeals dismissed

V. V. Sindhu and others v. Kerala Veterinary and Animal Science University

Case / Petition Number:WA.No. 1608 of 2018 (in WP(C) No. 28457/2017) and WA.No. 1610 of 2018 (in WP(C) No. 34779/2016)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Surendra Mohan
  • Shircy V.
Judgment Date
2018-07-31
Court Decision / Holding
The writ appeals are dismissed; the common judgment of the Single Judge is upheld; there is no entitlement for the contract Class‑IV employees to continue in service beyond the term of their engagement; University restrictions and financial constraints justify non‑continuation. The University’s interim continuances were not convertable into a guaranteed right for all similarly situated employees.
Final Disposition
Writ Appeals dismissed

Parties to the Case

Appellants / Petitioners

  • V.V. Sindhu
  • Vijeesh C
  • Arun Kumar C.U
  • Charles J
  • Mohammed Shafi V
  • Sivakumar M.K
  • Shiju A
  • Anil Kumar V.R
  • Shaji F.R
  • Shibeesh A.P
  • Rajesh Kumar N.D
  • Suraj K.R
  • Liji T.P
  • Dhanil K
  • Vijayakumar V
  • Subeesh P

Respondents

  • The Kerala Veterinary and Animal Science University, Pookode, Waynad-673576 (represented by its Registrar)
  • The Registrar, Kerala Veterinary and Animal Science University, Pookode, Waynad-673576
  • Board of Management Council, Kerala Veterinary and Animal Science University, Pookode, Waynad-673576 (represented by its Vice-Chancellor)
  • Vice-Chancellor, Kerala Veterinary and Animal Science University, Pookode, Waynad-673576
  • The Dean, College of Veterinary and Animal Sciences University, Pookode, Waynad-673576
  • Haseena Jasmine T.K., W/o Sharafudeen P., Palakkad (Class IV employee, CASM, Thiruvazhamkunnu, Palakkad)

Legal Representation & Advocates

Counsels for Petitioners

  • • S. Subhash Chand
  • • Advocate

Counsels for Respondents

  • • Smt. Aysha Youseff, SC

Case Synopsis & Summary

The Kerala High Court hears WA Nos. 1608 of 2018 and 1610 of 2018, challenging a common judgment of the learned Single Judge that dismissed multiple writ petitions filed by Class‑IV employees of the Kerala Veterinary and Animal Science University seeking continuation/regularisation in service. The University was formed by bifurcating the Kerala Agricultural University and initially engaged Class‑IV staff on one‑year contracts to enable immediate functioning until statutes and ordinances for regular appointments could be put in place. In 2016, in WP(C) No.4895 of 2016 (exhibit P2), this Court held that contract staff had no right to continued or regularised service beyond the temporary period, while noting that a notification for regular appointment would be considered in a later petition. Following this, some contract employees continued under interim orders while the University, citing financial constraints and staffing changes, terminated many contracts and recruited via Employment Exchange. The petitioners argued parity with those allowed to continue and contended that one set of temporary workers cannot replace another, citing State of Haryana v. Piara Singh to reinforce their claim. The respondents contended there were no posts available and that the University had complied with financial and statutory constraints. The High Court found that judgments in earlier petitions consistently rejected a right to continued service beyond the contractual period; it dismissed the appeals, holding there is no entitlement to indefinite continuation and upholding the Single Judge’s decision. The Appeals are dismissed.

Legal Doctrines & Maxims

  • One set of temporary employees cannot replace another temporary employee
  • No right to continue beyond the period of temporary engagement

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants argue that they have worked as contract staff since inception and, by virtue of interim orders and a previous directive directing continued employment until regular hands join, they should be extended the same benefit. They contend that terminating contracts in the face of continued temporary postings creates discrimination among similarly situated employees and violates principles of equity and statutary intent. They rely on the court’s earlier observation that there is no automatic right to regularisation, but submit that the earlier direction to continue pending regular appointments, if applicable to some, should reasonably extend to all contract employees, lest disparate treatment occur. They also challenge the University’s recruitment via Employment Exchange as contrary to the protective framework for temporary staff, urging parity, non‑discrimination, and compliance with the court’s earlier directives.

Contentions of Respondents

The respondents submit that contract staff have no right to continued service beyond their temporary appointment. The University has repeatedly pointed out that posts are being filled by promotion or through reduced staff numbers due to financial constraints and computerisation. They emphasize there are no available posts for continuing all contract employees and highlight that the earlier judgments in WP(C) Nos. 4895/2016 and others have consistently held no automatic right to continuation beyond the term. They urge the court to uphold the Single Judge’s dismissal of the writ petitions and to deny any extension that would conflict with the University’s statutory and fiscal limitations. They contend the interim continuances were discretionary and do not create a binding entitlement for ongoing employment.”},

Cited Precedents (2)

Case NameCitationTreatmentExplanation
State of Haryana v. Piara Singh[(1992) 4 SCC 118]PositiveCited to support the proposition that one set of temporary employees cannot be allowed to replace another and to emphasize lack of a general right to continued service beyond contractual terms.
W.A.No.1837 of 2017 (unreported)W.A.No.1837 of 2017Mentioned OnlyCited by counsel to argue continuity until regular hands join; court treated it as a non‑binding reference and did not rely on it as controlling authority.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN** ## **&** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** **TUESDAY ,THE 31ST DAY OF JULY 2018 / 9TH SRAVANA, 1940** ## **WA.No. 1608 of 2018 IN WP(C). 28457/2017** **AGAINST THE ORDER/JUDGMENT IN WPC 28457/2017 of HIGH COURT OF KERALA DATED 24-07-2018** ## **APPELLANT/S:** |**1**|**V.V.SINDHU**| |---|---| ||**CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL**| ||**SCIENCE UNIVERSITY COLLEGE,MANNUTHY,THRISSUR-680615.**| |**2**|**VIJEESH.C**| ||**CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL**| ||**SCIENCE UNIVERSITY COLLEGE,MANNUTHY,THRISSUR-680615.**| |**3**|**ARUN KUMAR.C.U**| ||**CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL**| ||**SCIENCE UNIVERSITY COLLEGE,MANNURTHY,THRISSUR-680615.**| |**4**|**CHARLES.J**| ||**CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL**| ||**SCIENCE UNIVERSITY COLLEGE,MANNUTHY,THRISSUR-680615.**| |**5**|**MOHAMMED SHAFI.V**| ||**CLAS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL SCIENCE**| ||**UNIVERSITY COLLEGE,MANNUTHY,THRISSUR-680615.**| |**6**|**SIVAKUMAR.M.K**| ||**CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL**| ||**SCIENCE UNIVERSITY COLLEGE,MANNUTHY,THRISSUR-680615.**| |**7**|**SHIJU.A**| ||**CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL**| ||**SCIENCE UNIVERSITY COLLEGE AT CDST,MANNUTHY,THRISSUR-**| ||**680615.**| |**8**|**ANIL KUMAR.V.R**| -2- ## **WA.No. 1608 of 2018** **CLASS IV EMPLOYEE,KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY COLLEGE,MANNUTHY,THRISSUR680615.** - **9 SHAJI.F.R S/O FRANCIS.N,PALLAVILA PUTHANVEEDU,PANACHUMOODU.P.O,THIRUVANANTHAPURAM -695505(CLASS IV EMPLOYEE,COLLEGE OF DIARYD SCIENCE,CHETTECHAL,THIRUVANANTHAPURAM)** - **10 SHIBEESH.A.P S/O KELUKKUTTY,AZHIKKAL PARAPPURATH,KANNANIKADAVU,KAPPAD.P.O,KOZHIKODE673304(CLASS IV EMPLOYEE,LIVE STOCK RESEARCH STATION(LRS),THIRUVAZHAMKUNNU,PALAKKAD).** - **11 RAJESH KUMAR.N.D S/O NARAYANA PILLAI,NARAYANA MANDIRAM,CHERIYAKOLLA.PO,NEYYATTINKARA,THIRUVAN ANTHAPURAM-695504,(CLASS IV EMPLOYEE,UNIVERSITY LIVE STOCK FARM,MANNUTHY).** - **12 SURAJ.K.R S/O RAJU,KUZHIPPIL HOUS,KOLERI.P.O,KENICHIRA VILLA,WAYNAD-673596(CLASS IV EMPLOYEE,DIARY PLANT,MANNUTHY).** - **13 LIJI.T.P W/O.SASI.A.K,PAVITHRAM** - **HOUSE,PAYYAMPALLY.P.O,KOYILERI,MANANTHAVADY,WAY AND-670646,(CLASSS IV EMPLOYEE,FINANCE WING,KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,HEAD QUARTERS,POOKODE,WAYNAD).** - **14 DHANIL.K** **S/O.P.M.GOPALAKRISHNAN,AMBADI NIVAS,PANAMKANDI,KARANI.P.O,WAYNAD-673591(CLASS IV EMPLOYEE,COLLEGE OF VETERINARY AND ANIMAL SCIENCES,POOKODE,WAYNAD).** - **15 VIJAYAKUMAR.V** **S/O NARAYANAN CHETTY,VEETTIPURA HOUSE,THREKKAIPETTA.P.O,MEPPADI,VIA WAYNAD673577(CLASS IV EMPLOYEE,REGISTRY,POOKODE,WAYNAD).** - **16 SUBEESH.P** - **S/O.SHIVARAMANA,PALUKAPPIL** -3- ## **WA.No. 1608 of 2018** **HOUSE,KALLADI,PUTHUMALA.P.O,MEPPADI VIA WAYNAD674577,(CLASS IV EMPLOYEE,INFRASTRUCTURAL DEVELOPMENT WING,POOKODE,WAYAND).** **BY ADV. SRI. S. SUBHASH CHAND** ## **RESPONDENT/S:** - **1 THE KERALAL VETERINARY AND ANIMAL SCIENCE UNIVERSITY POOKODE,WAYNAD-673576,REPRESENTED BY ITS REGISTRAR.** - **2 THE REGISTRAR KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,POOKODE,WAYNAD-673576.** - **3 BOARD OF MANAGEMENT COUNCIL KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY, POOKODE,WAYNAD-673576.REPRESENTED BY ITS VICE CAHNCELLOR.** - **4 VICE CHANCELLOR KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,POOKODE,WAYNAD-673576.** - **5 THE DEAN COLLEGE OF VETERINARY AND ANIMAL SCIENCES UNIVERSITY,POOKODE,WAYNAD-673576.** - **6 HASEENA JASMINE.T.K W/O.SHARAFUDHEEN. P,PANDINJARAN HOUSE, THIRUVAZHAMKUNNU.P.O,PALAKKAD-678001 (CLASS IV EMPLOYEE,COLLEGE OF AVIAN SCIENCES AND** **MANAGEMENT(CASM),THIRUVAZHAMKUNNU,PALAKKAD).** **BY ADVS.** **SMT.AYSHA YOUSEFF SC KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31.07.2018 ALONG WITH W.A.1610 OF 2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -4- **WA.No. 1608 of 2018** ## **JUDGEMENT** ## **Surendra Mohan,J** Both these appeals are directed against a common judgment dated 24.07.2018 of the learned Single Judge dismissing a batch of Writ Petitions filed by Class-IV employees in the Kerala Veterinary and Animal Science University (hereinafter referred to as the University for short) claiming entitlement to continue in service. Though five Writ Petitions were disposed of by the common judgment, appeals are filed only from two Writ Petitions. W.A.No.1608 of 2018 arises out of W.P.(C) No.28457 of 2017 and W.A.No.1610 of 2018 arises out of W.P.(C) No.34779 of 2016. Since the issues raised are common, they are considered and disposed of together. The parties as well as the documents are referred to in the manner in which they appear in W.A.No.1608 of 2018. 2. The appellants are persons who were appointed as Class-IV employees in the University. The University was formed by bifurcating the Kerala Agricultural University. The appellants were all appointed on contract -5- ## **WA.No. 1608 of 2018** basis so as to enable the University to start functioning, until Statutes and Ordinances providing for appointment of regular staff was put in place and recruitment could be made on regular basis. They were all appointed for a period of one year. When the term of their contract was about to expire, W.P.(C) No.4895 of 2016 was filed before this Court claiming regularization in service. As per exhibit P2 judgment, the said Writ Petition was dismissed by this Court. Paragraph 3 of the said judgment that concludes the rights of the appellants, being relevant in the context, is extracted hereunder. In the circumstances explained above, this Court does not find any right on the petitioners to be continued or regularised beyond the period of temporary appointment. However, since the learned Standing counsel for the University submitted on instructions that there is a notification published for regular appointment which is also challenged before this Court in another writ petition, the petitioners shall be continued; but, however, only till a regular hand by direct recruitment or by promotion joins the post. The writ petition is disposed of with the above observation. 3. In the above judgment, this Court found that the -6- ## **WA.No. 1608 of 2018** employees had no right to be continued in service or to be regularised beyond the period of temporary engagement. The said judgment is dated 29.02.2016 and has admittedly become final. In view of the direction to continue them in service the employees continued beyond the period of their contract. 4. Later on, the University appears to have taken a decision to appoint temporary hands through Employment Exchange, after terminating the contract employees. The said move was challenged in Writ Petition No.30455 of 2016 and other connected cases. There also, this Court found that the employees had no right to continue in service but directed the University to consider the question as to whether the contract was liable to be renewed. The University has considered the matter in accordance with the directions of this Court and as held that the contract could not be renewed. It is challenging the said decision that the present round of litigation has been instituted. 5. It was contended before the learned Single Judge that one set of temporary hands could not be permitted to -7- ## **WA.No. 1608 of 2018** replace another set of temporary hands. It was also contended that, the present recruitment was in violation of the Statutes applicable to the University. The learned Single Judge on a consideration of the respective contentions found that the appellants had no right to continue in service and therefore, all the Writ Petitions were dismissed. It is the said common judgment of the learned Single Judge that is under challenge before us. 6. According to Advocate Subhash Chand who appears for the appellants, these employees are persons who have been working as contract employees since the inception and have gained considerable experience in their jobs. In view of the interim orders passed by this Court, they have been retained in service on daily wage basis though the period of their contracts have expired. It is contended that, in exhibit P2 judgment, since this Court had directed the petitioners therein to be continued until regular hands took office, it was only appropriate that the said benefit was extended to all the other employees also. It is pointed out that, the action of the University in -8- ## **WA.No. 1608 of 2018** terminating the petitioners on the expiry of their contract period, refusing to extend the term thereof, while at the same time continuing some of the employees until regular hands join, amounts to discrimination. Therefore, the learned counsel seeks interference with the judgment appealed against. 7. According to the counsel for the petitioners in W.A.No.1610 of 2018, the Apex Court has decided in **State of Haryan v. Piara Singh** [(1992) 4 SCC 118] that one set of temporary employees cannot be permitted to replace another set of temporary employees. Reliance is placed on an unreported Division Bench decision of this Court dated 09.11.2017 in W.A.No.1837 of 2017 to contend that in the said case, in similar circumstances the temporary employees had been directed to be continued until regular employees join service. 8. According to the Standing Counsel for the University, the posts occupied by the appellants have have been filled up by other Class-IV employees on promotion. Due to constraints of finance, the University has been -9- ## **WA.No. 1608 of 2018** scaling down the strength of its employees. The computerization has also contributed to a reduction in the strength of employees. In the above circumstances, it is contended that there are no posts available for continuing appellants in service. 9. We have considered the contentions advanced before us anxiously. It is pertinent to note that, in all the judgments of this Court rendered while finally disposing of Writ Petitions filed by these contract employees earlier, there are findings that these employees have no right to continue beyond their period of contract. Exhibit P2 judgment, going by the portion already extracted above, has held that the contract employees have no right to be continued or regularised beyond the period of their temporary appointment. The said finding has been reiterated in exhibit P3 and P4 judgments also. We find that, for the above reason, it is not open to the appellants to contend now that they are entitled to be continued in services in spite of the fact that their term of the appointment has expired long back. We are informed that -10- ## **WA.No. 1608 of 2018** even employees who had been permitted to continue in service on the basis of the direction in exhibit P2 judgment unitl regular hands join duty have been terminated from service. The appellants have also continued in service, despite the expiry of their term of engagement, on the basis of the interim orders granted by this Court. The learned Single Judge has in spite of above aspects, directed them to be continued to be in service till 31.07.2018. We are not satisfied that the appellants are entitled to any further relief in the matter. We have gone through the judgment of the learned Single Judge carefully. We find no infirmity therein warranting an interference with the same in appeal. For the foregoing reasons, these Writ Appeals are dismissed. Sd/- ## **K.SURENDRA MOHAN JUDGE** Sd/- **SHIRCY V. JUDGE** kkj -11- ## **WA.No. 1608 of 2018** ## **APPENDIX** ## **APPELLANTS ANNEXURES** **ANNEX 1 : TRUE COPY OF THE SAID ORDER DATED 11.12.2017 PASSED BY THIS HON'BLE COURT IN THE WRIT PETITION** **A NNEX 2 : TRUE COPY OF THE ORDER DATED 23.02.2018 IN I.A.NO.3648 OF 2018 PASSED BY THIS HONOURABLE COURT** **ANNEX 3 : TRUE COPY OF THE ORDER DATED 02.07.2018 PASSED BY THIS HONOURABLE COURT** **ANNEX 3(A) : TRUE COPY OF THE ORDER DATED 13.07.2018 PASSED BY THIS HONOURABLE COURT** ## **RESPONDENTS' EXHIBITS** ## **NIL** ## **// TRUE COPY //** ## **PA TO JUDGE**