W.P.(C). Nos. 27057/19 & 18813/20, Vinu S. et al. v. Kerala Agricultural University & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942** ## **WP(C).No.27057 OF 2019(F)** ## **PETITIONERS:** |**1**|**VINU S.**| |---|---| ||**AGED 31 YEARS**| ||**S/O. SIVAN, KARTHIKA HOUSE, NELLIYAMPADAM, POLPULLY**| ||**P.O. PALAKKAD 678 552.**| |**2**|**DHANEESH.K.G.**| ||**S/O. GOPI, KANJIRAPARAMBIL HOUSE, ENAMAKKAL P.O.**| ||**THRISSUR 680 510.**| |**3**|**PRIYESH.N.P.**| ||**S/O. KUNJIRAMAN, OLAKKARAN HOUSE, VELLUR P.O.**| ||**PAYANNUR, KANNUR DISTRICT 670 346.**| ||**BY ADVS.**| ||**DR.GEORGE ABRAHAM**| ||**SHRI.JOBY D JOSEPH**| ## **RESPONDENTS:** - **1 KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR VALLANIKKARA, THRISSUR 680 654.** - **2 VICE CHANELLOR, KERALA AGRICULTURAL UNIVERSITY, VALLANIKKARA, THRISSUR 680 654.** - **3 THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VALLANIKKARA, THRISSUR 680 654.** - **4 GENERAL COUNCIL, KERALA AGRICULTURAL UNIVERSITY, VALLANIKKARA, THRISSUR 680 654. REPRESENTER BY CHAIRMAN/VIC CHANCELLOR. R1 BY SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0802-2021, ALONG WITH WP(C).18813/2020(B), THE COURT ON 15-02-2021 DELIVERED THE FOLLOWING:** W.P.(C).Nos.27057/19 & 18813/20 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942** **WP(C).No.18813 OF 2020(B)** ## **PETITIONERS:** |**1**|**R. CHANDRAN**| |---|---| ||**LABOURER, REGIONAL AGRICULTURAL RESEARCH**| ||**STATION, AMBALAVAYAL P. O., RESIDING AT EDAKAL**| ||**COLONY, AMBALAVAYAL P. O., WAYANAD.**| |**2**|**P. JAYAPRAKASH**| ||**AMINCHERIYIL HOUSE, NARIKKUNDU P. O.,**| ||**AMBALAVAYAL, WAYANAD.**| ||**BY ADV. SRI.P.V.JAYACHANDRAN**| ## **RESPONDENTS:** |**1**|**KERALA AGRICULTURAL UNIVERSITY,**| |---|---| ||**KERALA AGRICULTURAL UNIVERSITY POST - 680 654.,**| ||**VELLANIKKARA, THRISUR, REPRESENTED BY ITS**| ||**REGISTRAR.**| |**2**|**THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL**| ||**UNIVERSITY**| ||**KAU P. O., VELLANIKKARA, THRISSURE - 680 654,**| ||**REPRESENTED BY THE VICE CHANCELLOR.**| |**3**|**THE REGISTRAR**| ||**KERALA AGRICULTURAL UNIVERSITY, KAU POST,**| ||**VELLANIKKARA, THRISSUR - 680 654.**| |**4**|**THE ASSOCIATE DIRECTOR OF RESEARCH**| ||**REGIONAL AGRICULTURAL RESEARCH STATION, P. O.**| ||**AMBALAVAYAL, WAYANAD - 673 576.**| W.P.(C).Nos.27057/19 & 18813/20 3 **5 ADDL R5, VINEETH B.S, AGED 30 YEARS S/O.BHAVAN CHANDRAN, ZION KUNNU, K.S.ROAD, KOVALAM P.O, THIRUVANANTHAPURAM. ADDL R5 IMPLEADED AS PER ORDER DATED 26-11-2020 IN IA 1/2020.** **R1-4 BY SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY R5 BY ADV. GEORGE ABRAHAM** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-02-2021, ALONG WITH WP(C).27057/2019(F), THE COURT ON 15-02-2021 DELIVERED THE FOLLOWING:** W.P.(C).Nos.27057/19 & 18813/20 4 ## **JUDGMENT** ## **W.P.(C).Nos.27057 of 2019 & 18813 of 2020 = = = = = = = = = = = = = = = = Dated this the 15[th] day of February, 2021** 1. W.P.(C).No.27057 of 2019 is filed by persons selected by the 1[st] respondent University for appointment to the post of Class IV employees by direct recruitment. It is stated that on 14.8.2008, a notification was issued by the 1[st] respondent University for selection to the post of Class IV employees. Exhibit P1 ranked list was prepared thereafter after 11 years. A decision was taken to effect appointments to the existing vacancies of Class IV employees from the ranked list. It is submitted by the learned counsel for the petitioners that the petitioners are included in Exhibit P1 ranked list and that they are eligible to be appointed against 50% of the vacancies of Class IV employees in the University. It is stated that the method of appointment of Class IV employees is 50% by direct recruitment and 50% by appointment from among the permanent labourers and plantation workers under the University. It is submitted that the dispute is only with regard to working out the quota as against the existing posts. It is 5 W.P.(C).Nos.27057/19 & 18813/20 submitted that the cadre strength of Class IV employees in the Kerala Agricultural University is 271. It is stated that if that be so, 50% of those vacancies are liable to be filled up from Exhibit P1 ranked list. 2. The contention in W.P.(C).No.18813 of 2020 is that the petitioners, who are casual workers in Agricultural farms under the 1[st] respondent and have undergone a due process of selection, are eligible for appointment against 50% of the vacancies. 3. A counter affidavit has been placed on record by the Kerala Agricultural University. It is admitted therein that the cadre strength of the Class IV employees in the University is 271. it is contended that 36 appointments have been made under the die-in-harness scheme. The Government had specifically ordered that the said compassionate appointments are to be adjusted as against the direct recruitment quota. It is, therefore, contended that deducting the 36 die-in-harness appointments from the direct recruitment quota there will only W.P.(C).Nos.27057/19 & 18813/20 6 be 99 vacancies to be filled up by direct recruitment and the remaining are to be filled up by permanent workers and plantation workers under the University. 4. I have considered the contentions advanced on all sides. The learned counsel for the petitioners in W.P.(C).No. 27057/2019 would contend that where a quota is ear-marked for appointment from two categories, it has to be applied as against the cadre strength as available in the establishment. It is stated that Exhibit P11, which is the order promulgating the scheme for compassionate appointment in the Government has been considered by this Court in Exhibit P12 judgment and it has been clearly held that even if the order states that the quota for compassionate appointment has to be carved out from the seats available for direct recruitment, such modus operandi would be impossible in the light of the decision of a Full Bench of this Court in **State of Kerala v. Sreekantan** [1993 (1) KLT 107]. The Full Bench had categorically held that where there is a quota fixed for two methods of appointment, special recruitment, sports quota and W.P.(C).Nos.27057/19 & 18813/20 7 compassionate appointments are to be first carried out and it is to the remaining number of posts that the ratio is to be applied. It was, therefore, held that the number of the special recruits or appointees under the dying-in-harness scheme as also sports quota recruits would have to be deducted from the total number of posts so as to determine the number of posts available and quota has to be applied against such balance number of posts. If that be so, the 36 compassionate appointments have to be deducted from the 271 vacancies available in the University and the 1:1 quota between direct recruits and labourers has to be operated against the 235 posts. If that be so, 117 posts are liable to be filled up by direct recruits from Exhibit P1 list and 116 from the list for the promotees, which is the second method of appointment. If the contention of the respondents is accepted, there would be no 1:1 ratio , since direct recruitment could be made only against 99 vacancies while appointment from among permanent labourers could be made against 135 vacancies. That apparently is not in satisfaction of the 1:1 ratio provided for filling up of the vacancies of Class IV employees. In the 8 ## W.P.(C).Nos.27057/19 & 18813/20 above view of the matter, the contention of the University that the 36 compassionate appointments are to be adjusted against the direct recruitment quota is completely unsustainable. - 5.There will accordingly be a direction to the respondents to make appointments from the list prepared for direct recruitment and the list for appointment from permanent employees, plantation labourers in the University in the ratio 1:1 out of the 235 posts available in the University. Resultantly, half of the posts available are liable to be filled up by direct recruitment from the list produced as Exhibit P1 in W.P. (C).No.27057 of 2019 and the remaining vacancies are to be filled up from the list of permanent labourers prepared by the University. Appropriate steps shall be taken to make the appointments within a period of three weeks from the date of receipt of a copy of this judgment. The writ petitions are ordered accordingly. Sd/- **Anu Sivaraman, Judge** sj W.P.(C).Nos.27057/19 & 18813/20 9 ## **APPENDIX OF WP(C) 27057/2019** **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF RANK LIST FOR THE POST OF CLASS IV EMPLOYEES UNDER THE KERALA AGRICULTURAL UNIVERSITY.** - **EXHIBIT P2 TRUE COPY OF THE INFORMATION OBTAINED UNDER THE RTI ACT FROM THE UNIVERSITY.** - **EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 15/10/2018 SUBMITTED BY SMT. K.P. KARTHIYANI UNDER RTI ACT.** - **EXHIBIT P4 TRUE COPY OF THE INFORMATION PROVIDED ON 23/10/2018 BY THE REGISTRAR.** - **EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE KERALA AGRICULTURE UNIVERSITY DATED 30/6/2019.** - **EXHIBIT P6 TRUE COPY OF THE LIST OF CANDIDATES WITH CLASS IV EMPLOYEES WORKING WITH THE KERALA AGRICULTURAL UNIVERSITY.** - **EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 16/11/2018.** - **EXHIBIT P8 A COPY OF INTERIM ORDER PASSED IN WPC.NO.12095/2019.** - **EXHIBIT P9 A COPY OF ORDER DATED 21/10/2019.** - **EXHIBIT P10 TRUE COPY OF NOTIFICATIONDATED 22.10.2009** - **EXHIBIT P11 TRUE COPY OF GOVERNMENT ORDER VIZ. GO(P) nO. 12/99/P & ARD DATED 24.051999** - **EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC. NO. 31267/2004 DATED 10.04.2007** W.P.(C).Nos.27057/19 & 18813/20 10 **EXHIBIT P13 TRUE COPY OF THE LIST OF EMPLOYEE.** RESPONDENT'S EXHIBITS **ANNEXURE R1(A) TRUE COPY OF THE UNIVERSITY NOTIFICATION DATED 14.6.2008 ANNEXURE R1(B) TRUE COPY OF THE GOVERNMENT ORDER DATED 24.5.1999** W.P.(C).Nos.27057/19 & 18813/20 11 ## **APPENDIX OF WP(C) 18813/2020** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ORDER NO.GA/F2/25560/2008 DATED 25.09.2009. EXHIBIT P2 TRUE COPY OF THE ORDER NO.C2053/89 DATED 01.10.2009. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.GA/E3/16130/91 DATED 14.06.2008. EXHIBIT P4 TRUE COPY OF THE ORDER NO.GA/JI/4414/2017 DATED 26.08.2020. EXHIBIT P5 TRUE COPY OF THE DOCUMENT DATED NIL.** TRUE COPY PS TO JUDGE