Regularization of contractual employees is not permitted under the KCS Act as per existing legal precedents.

ORDER Sushrut Arvind Dharmadhikari, J.

The present intra-court appeal under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 20.11.2025 passed in WP(C) No.6001/2025 whereby the Writ Petition filed by the appellants herein has been dismissed. The appellants herein had prayed for the following reliefs in the Writ Petition. “i) Issue a writ of certiorari or any other appropriate writ calling for records leading to Ext.P7 and quashing the same.

ii) Issue a writ of mandamus or other appropriate writ or order directing the 2°’ respondent to regularize the service of the petitioners as permanent Agricultural Officers.

iii) Declare that petitioners are entitled to be regularized Agricultural Officers under the 2" respondent.

iv) Direct the Respondents not to terminate the petitioners from the d services under 2^nd respondent.

v) Issue such other writ or direction to the respondents as this Hon’ble Court may deem fit and necessary in the facts and circumstances of the case.

vi) The English translation of the documents produced in vernacular language may kindly be dispensed with.”

2. The appellants were working as Agricultural Officers on contract basis under the 2^nd respondent-Kerala State Co-

operative Agricultural and Rural Development Bank. The appellants submits that they have rendered 8-10 years of service as Agricultural Officers on contract basis. Some of the appellants have approached this Court in WP(C) No.4463/2020 praying for a direction to the respondents to consider their representation vide Ext.P7 dated 21.11.2020. The representation was decided dismissing the same on the ground that as per Section 80 (3A) of the Kerala Co-operative Societies Act & Rules 1969, (hereinafter referred to as the KCS Act and the Rules 1969) the all appointments of officers and servants of the Apex Societies for which direct recruitment is resorted to shall be made from a select list of candidates furnished by the Kerala Public Service Commission (for short KPSC) The Government approved Recruitment Rules of the Bank and therefore, the vacancies in the post of Agricultural Officers are to be filled up by direct recruitment through KPSC. The KCS Act and Rules, 1969 do not permit regularization of those who serve on contract basis in the Bank.

A ppellants’ contentions

3. The learned counsel for the appellants contended that the learned Single Judge erred in dismissing the Writ Petition inasmuch as, the appellants were selected through a transparent merit-based process. They were appointed after undergoing a due process of selection and they possess all requisite qualification for appointment as Agricultural Officers. The judgment passed by the learned Single Judge is based on false representation made by the respondents. On this ground alone, the order cannot be allowed to sustain, therefore, the Writ Appeal deserves to be allowed.

4. The learned counsel for the appellants had relied on the judgment of the Apex Court in the case of Jaggo v. Union of India [2024 SCC Online SC 3826] to contend that even the part-time, Ad-hoc term employees are also eligible to be regularized. In the said judgment, the Uma Devi v. State of Karnataka [ 2006 (4) SCC 1 ]Supra has been considered.

R espondents’ contentions:-

5. Per contra, the learned counsel for the respondents vehemently opposed the prayer and submitted that the bank has not objected to continue the appellants on daily wages till the regular PSC hands are appointed. There is no such policy framed by the Government for regularization as it would be against the mandate of the provisions of Section 80 (3A) of the KCS Act. The Supreme Court in the case