Disposed

N.C.Krishnan v. Executive Committee

Kerala HC3 Oct 2013WP(C)/19297/2013

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking enforcement of a prior judgment granting petitioners the right to be considered for casual labor appointment. The court directed the university to consider the petitioners for appointment without adjudicating the merits of their specific claim.

What did the court decide?

Direction to respondents for considering the petitioners for appointment as casual laborers in accordance with law.

N.C.Krishnan Vs Executive Committee — Service and Employment | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THURSDAY, THE 31ST DAY OF JANUARY 2013/11TH MAGHA 1934

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WP(C).No. 19297 of 2013 (J)

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PETITIONER(S):

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N.C.KRISHNAN, S/O.KUNHIRAMAN NAYCHERI HOUSE, P.O.ACHAMTHURUTHI, KASARGOD.

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V.V. RAJAN, S/O.KANNAN. K. KODAKKAT, PUTHILOT, KASARGOD.

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K.GOPI, S/O.K.KANNAN PUTHILOTTU, KODAKKADU PO, KASARGOD.

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A. RAMESHAN, S/O.K.KANNAN PUTHILOTTU, KODAKKADU PO, KASARGOD.

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P.V. KAMALAKSHI, W/O.N.P.GOVINDAN PUTHILOTTU, KODAKKADU PO, KASARGOD.

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A. SATHYAVATHY, W/O.RAJU PALLAYIL, P.O.CHRUCATHUR, KASARGOD.

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K. OMANA, W/O.N.K. BALAN P.O.MANIYAT, CHANDERA, KASARGOD.

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K. MOHANAN, S/O.KOTTAN MOLAMKUTTY VEEDU, P.O.POTHAVUR, KASARGOD.

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T. MOHANAN, S/O.K.KUNHAMBU CHALLUVAKODE, VALIYAPOYIL P.O. CHERUVATHUR (VIA) KASARGOD.

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M. SHEELA, W/O.RAJU PAYANGI CHERUVATHUR, P.O.KAITHAKADU, KASARGOD.

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E. CHANDRAN, S/O.KORAN ORCHA HOUSE, KOTTAPPURAM P.O., NILESWARAM KASARGOD.

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M. VENU, S/O.KUNHIRAMAN T.K.HOUSE, KOTTAPURAM PO, VIA. NILESHWAR KASARGOD.

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-2-

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WP(C).No. 19297 of 2013 (J)

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V.P.MURALIDHARAN VAYALAPPRA HOUSE, PALLIKKARA NILESHWAR P.O. KASARGOD.

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P. ARAVINDHAKSHAN MUNDAMADE, KOTTAPPURAM PO, NILESHWAR (VIA) KASARGOD.

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T. RAJEEVAN, S/O.KUNCHAMBU K. KARUVACHERY, NEAR PWD OFFICE, NILESHWAR KASARGOD.

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K. THANKAMANI, D/O.M.RAGHAVAN KARUVACHERY COLONY, NILESHWAR KASARGOD

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K.V. AMBUJAKSHI, W/O.M.V.THAMPAN KODALIKULAM, MARKET ROAD, NILESWARAM KASARGOD.

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BY ADV. SRI.P.V.JAYACHANDRAN

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RESPONDENT(S):

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THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY THE VICE CHANCELLOR KERALA AGRICULTURAL UNIVERSITY, POST VELLANIKARA THRISSUR 680654

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THE REGISTRAR KERALA AGRICULTURAL UNIVERSITY KERALA AGRICULTURAL UNIVERSITY, POST VELLANIKARA THRISSUR 680654

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BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19297 of 2013 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 - TRUE COPY OF THE REQUEST DATED 22-7-2013

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RESPONDENT(S)' EXHIBITS

NIL.

// TRUE COPY //

P.A. TO JUDGE

sou.

C.T.RAVIKUMAR.J.

=================

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W.P.C.NO.19297 of 2013

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=====================

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Dated this the 3rd day of October 2013.

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JUDGMENT

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The petitioners were included in the rank list published by the Kerala Agricultural University for appointment to the post of casual labourers in the year 1996. Such a list was prepared after inviting applications and after conducting physical efficiency test, physical endurance test and interview and subsequently, the same was cancelled. The contention of the petitioners is that subsequent to the said order for cancellation of the selection list it was challenged before this Court by filing in Original Petitions Nos.12808 of 1997 and 13877 of 1998. Those Original Petitions were disposed of as per a common judgment dated 04.04.2006 along with certain other connected cases reserving the right of the petitioners thereunder to participate in the new selection process if initiated by the Kerala Agricultural University. The contention of the petitioners is that subsequent to the said judgment now steps are initiated by respondents for conducting a new selection process for appointing casual laborers. It is the further contention that in the light of the said common judgment dated 04.04.2006 the petitioners are also entitled to be considered at the time of the new selection process.

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W.P.C.NO.19297 of 2013

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Since no steps were taken for such a consideration the petitioners approached this Court by filing the captioned writ petition seeking issuance of a writ of mandamus commanding the respondents to take a decision on Ext.P1 which they filed, virtually, seeking proper implementation of the decision of this Court in the common judgment dated 04.04.2006 in the aforesaid original petitions.

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I have heard the learned counsel appearing for the petitioners and also the learned standing counsel appearing for the respondents. The learned standing counsel appearing for the respondents submitted that the claim of the petitioners for consideration for appointment in tune with the common judgment dated 04.04.2006 in W.P.C.Nos.12808 of 1997 and connected case could be considered. In the said circumstances, without making any observation as to the merits of the petitioners' claim this writ petition is disposed of with a direction to the respondents for considering the petitioners for appointment as casual laborers under the Kerala Agricultural University, in accordance with law.

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C.T.RAVIKUMAR, JUDGE

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R.AV

N.C.Krishnan v. Executive Committee

Case brief

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N.C.Krishnan v. Executive Committee

Case brief

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