Dismissed

Kerala Agricultural University v. T.Godwin

Kerala HC18 Oct 2016RP/268/2016

Case brief

AI extract

What is this about?

In this review petition challenging a judgment that regularised seven casual labourers, the court held that no ground existed to review the final judgment. The earlier judgment specifically granted declaratory relief regarding absorption as permanent labourers but clarified limitations on regularisation, and the court found no reason to disturb it.

What did the court decide?

The review petition stands dismissed.

Kerala Agricultural University Vs T.Godwin — Pension and Retirement Benefits | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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TUESDAY, THE 18TH DAY OF OCTOBER 2016/26TH ASWINA, 1938

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RP.No. 268 of 2016 (L)

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WP(C) 7154/2009 DATED 16-09-2015

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---------------

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REVIEW PETITIONER(S)/RESPONDENTS 2 TO 5:

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1. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,TRISSUR-680 656, REPRESENTED BY ITS REGISTRAR.

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2. THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY,

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VELLANIKKARA,TRISSUR 680 656, REPRESENTED BY ITS VICE CHANCELLOR.

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3. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA,TRISSUR 680 656.

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4. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA,TRISSUR 680656.

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BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA A

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RESPONDENT(S):

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1. T.GODWIN, G.B.BHAVAN,KUZHIVILA,PAYATTUVILA P.O, THIRUVANANTHAPURAM 695 501.

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2. P.VICTOR, LEELA BHAVAN,MANNOTTUKONAM, PAYATTUVILA P.O, THIRUVANANTHAPURAM 695 501.

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3. G.UNNIKRISHNAN NAIR, N.XI.315-TP,VARUVILA POTHER VEEDU, KEEZHOOR, KOLIYOOR,MUTTAKADAVU P.O, THIRUVANANTHAPURAM 695 527.

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-2-

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-2-

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RP NO.268 OF 2016:

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4. K..JAYAKUMARAN, CHARUVILA VEEDU,KEEZHOOR, KOLIYOOR,MUTTAKADAVU P.O, THIRUVANANTHAPURAM 695 527.

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5. S.SURESHKUMAR, S.V.NIVAS, MOOLAKARA,KAZHIYOOR P.O, THIRUVANANTHAPURAM 695 551.

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6. G.RAJENDRAN,

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PANAVILA THEKKIRIKU VEEDU, MULLOR,P.O.VIZHINJAM, THIRUVANANTHAPURAM 695 521.

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7. V.JOSE, N.J.SADANAM,NELLIYODE, THIRUVALLAM P.O,THIRUVANANTHAPURAM 695 027.

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8. STATE OF KERALA , REPRESENTED BY THE AGRICULTURE PRODUCTION

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COMMISSIONER,SECRETARIAT,THIRUVANANTHAPURAM.695 001.

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R1-R7 BY SRI.P.V.JAYACHANDRAN R,8 BY GOVERNMENT PLEADER SRI SURIN GEORGE IPE

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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RP.NO. 268 OF 2016:

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APPENDIX

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PETITIONERS ANNEXURES:

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ANNEXURE-1: COPY OF THE JUDGMENT DATED 21.5.2013 IN WPC NO.36251/09 OF THIS HON'BLE COURT.

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RESPONDENTS ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

K. VINOD CHANDRAN, J.

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-----------------------------------------R.P. No. 268 of 2016 (L) in W.P.(C) No. 7154 of 2009

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-----------------------------------------Dated: 18^th October, 2016

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O R D E R

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The Review Petition is taken for consideration

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since other writ petitions were also disposed of on the

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basis of the judgment in W.P.(C) No.7154/2009, which is sought to be reviewed by the above Review Petition.

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The claim in the writ petition was the regularisation granted to the petitioners, based on Ext.P1 order, which, however, was crystalised only by Ext.P4 order dated 11.08.2008. Ext.P1 order was dated 24.11.1999. This Court, by the Judgment in the above writ petition, found that the petitioners in W.P.(C) No.7154/2009 were before this Court in an earlier original petition, in the year 2000 itself, as O.P.

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R.P. No. 268 of 2016 (L) in W.P.(C) No. 7154 of 2009

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-2-

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No.12837/2000, in which Judgment was passed on 20.02.2008, based on which, the regularisation of these persons were carried out. The petitioners claim, that they should be regularised as and when vacancies arose, based on Ext.P1, was allowed by this Court notionally.

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The review sought is on the ground that though Ext.P1 Order was passed by the Government on 24.11.1999; Ext.P2, which implemented the order in the Agricultural University, specifically referred to regularisation of those Casual Labourers who were available in the list prepared as on 01.01.1995 and who had not completed 55 years as on 24.11.1999. The writ petitioners were not included in the list of 01.01.1995 and were appointed later to the said date, is the specific contention taken up in the Review Petition. However, it is to be noticed that, by Ext.P3, the seven writ

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R.P. No. 268 of 2016 (L) in W.P.(C) No. 7154 of 2009

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-3-

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petitioners herein were granted a declaratory relief entitling them to be absorbed in service as permanent labourers in the Coconut Research Station, Balaramapuram, in the light of Ext.P11 order (which is produced as Ext.P1 herein). The said judgment has become final. It is on the basis of the said judgment that Ext.P4 order was passed, but, however, confining it to the seven writ petitioners and further clarifying that their regularisation can only be to vacancies which arose after their initial appointment.

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In such circumstance, this Court does not find any reason to review the above judgment. The Review Petition would stand dismissed.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 19/10/16

Kerala Agricultural University v. T.Godwin

Case brief

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Kerala Agricultural University v. T.Godwin

Case brief

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