V. V. Sindhu and others v. Kerala Veterinary and Animal Science University
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Haryana v. Piara Singh | [(1992) 4 SCC 118] | Positive | Cited 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 2017 | Mentioned Only | Cited 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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