Allowed

Sunitha Jayakumar v. the Kerala Agricultural University

Kerala HC20 Jan 2016WA/480/2013

Case brief

AI extract

What is this about?

Agricultural University appealed a single judge order dismissing ABARD trainees' regularization claims. This court held appellants were identically situated to previous beneficiaries and set aside the rejection order, directing absorption as casual labourers.

What did the court decide?

Impugned order set aside; appellants to be absorbed as casual labourers in the service of the University.

Sunitha Jayakumar Vs the Kerala Agricultural University — Service and Employment | 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 THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937

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WA.No. 480 of 2013 () IN WP(C).5165/2011 ------------------------------------------

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AGAINST THE ORDER/JUDGMENT IN WP(C) 5165/2011 of HIGH COURT OF KERALA DATED 03-01-2013

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APPELLANT(S):

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1. SUNITHA JAYAKUMAR ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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2. GEETHA P.G., BARD TRAINEE, INSTRUCTIONAL FARM, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT

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3. PRIYA K.U, ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH

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RESPONDENT(S):

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1. THE KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA THRISSUR DISTRICT.

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2. THE CHAIRMAN ESTABLISHMENT COMMITTEE KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA.

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3. RAJITHA P.G., ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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4. VASANTHA GOPI, ABARD TRAINEE, INSTRUCTIONAL FARM

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WA.No. 480 of 2013

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KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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5. SHEEJA BABU ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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6. SHEEJA SURESB BABU ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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7. SALINI NALINAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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8. BEENA SANTHOSH ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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9. GEETHA GOPINATHAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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10. JAYANTHI V.P.

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ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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11. SOPBHA M.D. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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12. USHA M.S. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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13. USHA A.V. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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14. PREETHY N.G. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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15. MALATHI O.V. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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16. DEVU N.K. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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17. ALPHONSA BABY ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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18. AISHA SHAMSUDHEEN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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19. VIJAYA SURENDRAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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20. VINEESHA KARIPPAYI ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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21. SREEJA GOKULAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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22. OMANA K.M. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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23. DEEPA SHAJU ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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24. LATHA RAJAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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25. SOBHANAN PRAKASAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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26. SALMA ALI ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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27. LAILA HAMZA ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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28. RAJITHA A.S. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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29. SINDHU PUSHPAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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30. AMBILI ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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31. ANITHA M.V. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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32. VIMALA C.R. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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33. SUMANGALA DEVI ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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34. SREEKALA T. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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35. LATHA V.K. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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36. SIJI SHABU ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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37. SUBITHA PAVANAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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38. SAHEEJA K.K. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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39. SUNITHA SUNDARAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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40. PUSHPALATHA ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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41. SMIJA T.V. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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42. SREEJA SUJAYKUMAR ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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43. SHEELA AJITH KUMAR ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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44. JEENA K.B ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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45. SINDHU UNNIKRISHNAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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46. PUSHPALATHA K. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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47. RAJ MURALEEDHARAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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48. SUJA K.K. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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49. SWAPNA K.S. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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50. SWAPPNA AJITHAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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51. BINDHU T.U. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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52. INDIRA P.G. ABARD TRAINEE, INSTRUCTIONAL FARM HORTICULTURAL COLLEGE KERALA AGRICULTURAL UNIVERSITY, MANNUTHY THRISSUR DISTRICT.

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53. AMBILIY VINESH ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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54. SUNITHA KUTTAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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55. HENA P.V. ABARD TRAINEE, HORTICULTURAL COLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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56. REJI C.K. ABARD TRAINEE, HORTICULTURAL COLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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57. SHAJI K.P. ABARD TRAINEE, HORTICULTURAL COLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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58. SARITHA T.K. ABARD TRAINEE, HORTICULTURAL COLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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59. SIJI O.V. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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60. SMITHA V.S. ABARD TRAINEE, HORTICULTURAL COLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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61. AJITHA SATHEESH ABARD TRAINEE, HORTICULTURAL COLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT

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62. LASILA P.A. ABARD TRAINEE, I.T.B.T. DEPARTMENT HORTICULTURAL COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT 63. PRIYA PRAKASAN ABARD TRAINEE, I.T.B.T. DEPARTMENT, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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64. SUBITHA MAJEED ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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65. SURABHI K.N. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT.

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66. SINDHU P.V. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT.

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67. SHAHIDA K.A. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT.

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68. RAJ UNNIKRISHNAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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69. SANDHYA ARUN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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70. DEVIKA RAGHAVAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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71. PADMAM T.C. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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72. BEENA ANIL KUMAR ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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73. NOORJAHAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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74. SARITHA T.G. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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75. MINI SUNIL ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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76. LAILA IBRAHIM ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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77. SUJITHA SANTHOSH ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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78. SMITHA RAJEEV ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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79. SHEELA K.S. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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80. BINDU K.C. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT.

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81. RAZEENA V.A. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT

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82. NAZEEMA V.A. ABARD TRAINEE, A.R.S., KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT.

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83. LISSY K.K. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT

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84. KAMALAKSHI T.K. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT

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85. BINDU C. ABARD TRAINEE, FORESTRY COLLEGE, KERALA AGRICULATURAL UNIVERSITY, VELLANIKKARA, MANNUTHY THRISSUR DISTRICT

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86. GEETHA UNNIKRISHNAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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87. VIJAYA MADHAVAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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88. VINEESH GIRISHKUMAR ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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89. SUSHAMA K.K. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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90. SAKUNTHALA K.G. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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91. BINDU RAGHU ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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92. PRAMEELA GOPI ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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93. THULASI BABU ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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94. SHAILA N.R. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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95. SABITHA JOSHY ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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96. SUGANDHI AJITHAN ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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97. AJITHA KUMARI ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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98. JYOTHI C.M. ABARD TRAINEE, HORTICULTURALCOLLEGE KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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99. RAJI.V.C. ABARD TRAINEE, INSTRUCTIONAL FARM KERALA AGRICULATURAL, UNIVERSITY, VELLANIKKARA MANNUTHY, THRISSUR DISTRICT.

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R1&2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC, KERALA AGRICULTURAL UNIVERSI

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14.1.2016, THE COURT ON 20.1.2016 DELIVERED THE FOLLOWING:

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THOTTATHIL B.RADHAKRISHNAN &

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ANU SIVARAMAN, JJ.

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----------------------------------------------WA.No. 480 OF 2013 ----------------------------------------------Dated this the 20^th January, 2015

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JUDGMENT

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Anu Sivaraman, J.

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Appellants, who are three of the writ petitioners, were inducted as trainees under the Agro Biotechnology Agency for Rural Employment Development (ABARD) under the first respondent University. They underwent a selection process before being engaged as trainees. It is the case of the appellants that in the case of a former batch of trainees, pursuant to Exhibit P1 judgment of this Court, a sub-committee had been constituted, which recommended their absorption in the University as casual labourers. The executive committee of the University considered the recommendation of the sub-committee and by Exhibit P6 proceedings dated 14.7.2010 absorbed those trainees as casual labourers under the University. The appellants and others who are ABARD trainees of a later batch, but otherwise identically situated, had also approached this Court and had obtained Exhibit P7 judgment directing consideration of their claim for

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regularization. However, the University by Exhibit P9 had rejected their claim for absorption, observing that they would be entitled to age relaxation for participating in the selection process for engagement as casual labourers. Aggrieved by Exhibit P9, the appellants and others preferred the writ petition.

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The first respondent University had filed a statement before the learned single Judge stating that the ABARD project was only an entrepreneurship development programme for attaining self employment and that the trainees do not have any claim for appointment as casual labourers. It was further stated that there are no sufficient vacancies to accommodate the writ petitioners who numbered a hundred. It was further stated that the University is holding selection process for labourers as per the procedure and rules laid down by the Government and that the petitioners would be given a chance to participate in the selection. The learned single Judge held that it is for the University to decide as to whether the petitioners are to be appointed as casual labourers in its service. As regards the contention of the writ petitioners that Exhibit P6 had been issued in the case of identically situated persons, the learned single Judge found that there is no compulsion on the University to act in the same

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manner, in the case of the petitioners. The writ petition was accordingly dismissed.

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Only three of the writ petitioners have preferred the instant appeal arraying the other writ petitioners as respondents. On consideration of the appeal for admission, this Court had directed the University to file an affidavit stating whether the procedure followed in Exhibit P6 could be followed in the case of the appellants as well, since there was not much distinction between the beneficiaries of Exhibit P6 order and the appellants. The University thereafter filed an affidavit contending that Exhibit P6 was issued deviating from the usual practice of selection of casual employees and that no law or precedent had been followed by the University while issuing Exhibit P6 order. It is therefore stated that the said order can be treated only as exemption to the usual mode of selection and it was against the principles of law. Therefore, it is stated that it has been decided by the University not to follow the mistake committed by the University in the matter of issuing Exhibit P6 order. Not being satisfied by the contents in the counter affidavit filed by the University, this court had issued an interim order in I.A.No.57 of 2014 directing the university not to make any appointment to the vacancies of

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casual labourers without considering the claim of the petitioners/appellants and like others, either by regularization or direct appointment, pending disposal of the above appeal.

¶149

Heard Sri.S.M.Prasanth, learned counsel for the appellants and Sri.Babu Joseph Kuruvathazha, learned Standing Counsel for the first respondent University.

¶150

It is the case of the appellants that they are identically situated as the beneficiaries of Exhibit P6 order. They have also undergone a selection process for engagement as ABARD trainees. No explanation was forthcoming from the University as to any distinction between the cases of the appellants and the beneficiaries of Exhibit P6 apart from stating that Exhibit P6 itself was an erroneous order. It is brought to our notice that apart from stating that Exhibit P6 is an erroneous order, no steps had been taken by the University to cancel that order or to take any steps in the matter. In the above circumstance, we are not convinced that any justification exists for refusing to consider the appellants at par with the beneficiaries of Exhibit P6.

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In the above circumstances, Exhibit P9 order is set aside. The respondents are directed to extend the benefit of Exhibit P6 order to the appellants herein as well. They shall be absorbed as

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casual labourers in the service of the University. The cases of similarly situated writ petitioners, who have not preferred appeal; may be only because they are socio-economically challenged; shall also be considered by the University and orders passed expeditiously.

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The writ appeal is ordered accordingly.

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THOTTATHIL B.RADHAKRISHNAN JUDGE

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ANU SIVARAMAN JUDGE

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vgs

Sunitha Jayakumar v. the Kerala Agricultural University

Case brief

What is this about?

What did the court decide?

Sunitha Jayakumar v. the Kerala Agricultural University

Case brief

What is this about?

What did the court decide?

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