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2022 Supreme(Online)(KER) 27599

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 WP(C) NO. 3082 OF 2022 PETITIONERS :

1 AJANTHA.T.K AGED 52 YEARS W/O. JUSTIN, THALIYATHPARAMBIL HOUSE, VELLANIKKARA P.O, THRISSUR DISTRICT, PIN 680 654

2 RAMLATH AGED 52 YEARS W/O. SULAIMAN, PUTHUVEETTIL HOUSE, THOTTAPPADI, MULLAKKARA, THRISSUR, PIN 680 651

3 USHA RAVI AGED 54 YEARS W/O. RAVI, PADATHUPARAMBIL HOUSE, VELLANIKKARA P.O, THRISSUR DISTRICT, PIN 680 654

4 JAYANTHI C.S AGED 53 YEARS W/O. DILEEPKUMAR, OZHICHIRAYIL HOUSE, VELLANIKKARA P.O, THRISSUR DISTRICT PIN 680 654

5 ANITHA N.K AGED 49 YEARS W/O. SATHYAN, KUTTIKKATTUPARAMBIL HOUSE, VELLANIKKARA P.O, THRISSUR DISTRICT PIN 680 654

6 SATHI O.V AGED 54 YEARS W/O. UDAYABHANU, PANIKKAPARAMBIL HOUSE, VELLANIKKARA P.O, THRISSUR DISTRICT, PIN 680 654 BY ADVS.

V.M.KRISHNAKUMAR P.R.REENA RESPONDENT/S:

1 KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY REGISTRAR, VALLANIKKARA, THRISSUR DISTRICT, PIN 680 656

2 CASHEW RESEARCH STATION KERALA AGRICULTURAL UNIVERSITY, MADAKKATHARA P.O, THRISSUR DISTRICT, PIN 680 656 REPRESENTED BY FARM HEAD BY ADV SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY SRI ROBSON PAUL SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The grievance raised by the petitioners in this writ petition is that the Kerala Agricultural University is venturing to appoint contract/daily wage workers in the Vellanikkara and Mannuthy Campus of the University by ignoring candidates like the petitioners herein who have been empanelled in the rank list for being considered in the temporary and casual vacancies. 2. The petitioners contend that they have been employed as daily wage workers in various farms of the 1st respondent University. Some of them have been working for over 2 decades and some of them have been working for more than one decade. It is stated that the University has invited applications for preparing a select list for appointment of temporary labourers in the Vellanikkara and Mannuthy Campus of the Kerala Agricultural University. In Ext.P3 rank list for Casual labourers (Women), in the Vellanikkara and Mannuthy campuses, the petitioners have been included. While so, in total violation of law and in an arbitrary manner, the University is attempting to engage persons who have not been included in Ext.P3 rank list as daily wage workers in the farms of the University. Ext.P4 is one such quotation which was issued on 5.1.2022 as per which, the Casual works in the farms are being given to persons on quotation basis after ignoring the persons included in Ext.P3 rank list. It is in the afore circumstances that the petitioners have approached this Court seeking the following reliefs:

i. Issue a writ in the nature of mandamus commanding the respondents not to engage any person who is not included in Ext.P3 rank list to do casual work in any of the establishments within the 1st respondent university.

ii. Issue a writ in the nature of mandamus commanding the respondents to offer employment to the casual labourers mentioned in Ext.P3 rank list before resorting to quotation appointment as per Ext.P4 and similar notifications or engaging persons who are not included in Ext.P3 in various casual and temporary works in 1st respondent university.

iii. Call for the records leading to Exhibit P4 and issue a writ in the nature of certiorari quashing Ext.P4.

3. A counter affidavit has been filed by respondents 1 and 2 wherein it is stated that the petitioners have been working in the Station as Quotationer/on a Quotation basis and not on a daily wage basis. It is stated that the University has already accepted the quotation given by the 1st petitioner and she has been allowed to work in the Station on a quotation basis and not on a daily wage basis. Exts.R1(a) and R1(b) which are the quotation notice as well as the agreement executed by the 1st petitioner with the Head in charge, have also been produced to substantiate the said contention. The respondents have asserted that the University has not made any temporary appointment outside the empanelled list of casual workers. It is asserted that the petitioners were also included in the Casual Labourer rank list for women at Mannuthy/Vellanikkara campuses and were given appointments on a quotation basis and not on a daily wage basis. It is asserted that the University has not made any temporary appointments outside the empanelled list of casual labourers and that the University does not entertain or engage labourers on a daily wage basis. While conducting the recruitment of Casual Labourers, the University has decided to give weightage to those candidates who have worked on daily wage/contract/self help groups basis in the agricultural allied activity in various farms/campuses in KAU on producing the experience certificate issued by the concerned Head of Stations showing their experience in the farm for a period of not less than 6 months. It is also stated that the University has revoked Ext.P4 quotation notice issued on 05.01.2022 as per Ext.R1(e) report. It is also stated that the farm/agricultural activities in the stations under the Kerala Agricultural University are mostly seasonal in nature and the system of engaging pe

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