Three writ appeals challenging the dismissal of regularisation petitions for temporary project staff. The court rejected the contention that lack of sanctioned posts bars regularisation, distinguishing Nihal Singh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
WA NO. 384 OF 2022
AGAINST THE JUDGMENT IN WP(C) 24046/2018 DATED 21.12.2021 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SURYA SUGUNAN
AGED 42 YEARS, W/O. PRAMOD KUMAR, WHO WAS WORKING AS AQUATIC ANIMAL HEALTH ASSISTANT, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI-682016 RESIDING AT MANALIL HOUSE, KUZHIMATTOM P.O., KOTTAYAM-686533
BY ADVS. MOLTY MAJEED C.A.MAJEED K.H.ASIF P.B.UNNIKRISHNAN NAIR RUBEN GEORGE ROCK ASOK CHACKO THOMAS
RESPONDENTS/RESPONDENTS:
2
Writ Appeal Nos.384, 389 & 402 of 2022
3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. SHRI.S.P.ARAVINDAKSHAN PILLAY SC COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SHRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.06.2022, ALONG WITH WA.389/2022, 402/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal Nos.384, 389 & 402 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
WA NO. 389 OF 2022
AGAINST THE JUDGMENT IN WP(C) 11640/2018 DATED 21.12.2021 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONER:
A L SOMAN
AGED 58 YEARS, S.O. LOHIDAKSHAN, WHO WAS WORKING AS AQUATIC ANIMAL HEALTH ASSISTANT, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI- 682 016 RESIDING AT AZHEEKKAL KADAVIL, FISH FARM ROAD, ELENKUNNAPUZHA P.O., ERNAKULAM -682 503
BY ADVS. MOLTY MAJEED C.A.MAJEED K.H.ASIF P.B.UNNIKRISHNAN NAIR RUBEN GEORGE ROCK ASOK CHACKO THOMAS
RESPONDENTS/RESPONDENTS:
1 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM, PIN - 682022
4
Writ Appeal Nos.384, 389 & 402 of 2022
2 THE DIRECTOR NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI, PIN - 682016
3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001
BY ADVS.
SHRI.S.P.ARAVINDAKSHAN PILLAY, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SHRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SRI.A.J.VARGHESE,SR.GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.06.2022, ALONG WITH WA.384/2022, 402/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal Nos.384, 389 & 402 of 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
WA NO. 402 OF 2022
AGAINST THE JUDGMENT IN WP(C) 24032/2018 DATED 21.12.2021 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
BLESSY JOSE AGED 43 YEARS W-O. SANTHOSH, WHO WAS WORKING AS AQUATIC ANIMAL HEALTH ASSISTANT, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI- 682 016 RESIDING AT ARIMATTATHU-36, MULAVARIKKAN ROAD, KONTHURUTHY, THEVARA, ERNAKULAM-682 013 BY ADVS. MOLTY MAJEED RUBEN GEORGE ROCK C.A.MAJEED K.H.ASIF P.B.UNNIKRISHNAN NAIR ASOK CHACKO THOMAS
RESPONDENTS/RESPONDENTS:
1 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM, PIN - 682022
Writ Appeal Nos.384, 389 & 402 of 2022
6
2 THE DIRECTOR NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI - 682016
3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001
BY ADVS.
SHRI.S.P.ARAVINDAKSHAN PILLAY, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SHRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.06.2022, ALONG WITH WA.389/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Writ Appeal Nos.384, 389 & 402 of 2022
7
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
Writ Appeal Nos.384, 389 and 402 of 2022
Dated this the 13th day of June, 2022.
JUDGMENT
P.B.Suresh Kumar, J.
These writ appeals are directed against the common judgment in three writ petitions, viz, W.P.(C) Nos.24046, 11640 and 24032 of 2018. The appellants were the petitioners in the writ petitions. As the writ petitions were disposed of by a common judgment, we are disposing of the writ appeals also by this common judgment.
No.11640 of 2018. The case set out by the appellant in the writ
petition was that he was engaged as Field Assistant in the National Centre for Aquatic Animal Health (the Centre)
Writ Appeal Nos.384, 389 & 402 of 2022 8
established by the Cochin University of Science and Technology (the University) in the year 2001; that while he was working as such, he was appointed on 28.12.2016 on temporary basis for a period of three years in the Centre as Aquatic Animal Health Assistant; that while working as Aquatic Animal Health Assistant, the appellant applied for regularisation in the service of the Centre as Aquatic Animal Health Assistant, and in terms of the order passed on 09.01.2018, the request of the appellant for regularisation was turned down by the University on the ground that he was engaged only as a project staff and not against any sanctioned post in the University and that persons engaged for projects cannot be absorbed in the service of the University as the appointments to the service in the University are governed by the Cochin University of Science and Technology Act, and the statutes and ordinances made thereunder. The writ petition was one instituted challenging the order dated 09.01.2018.
Writ Appeal Nos.384, 389 & 402 of 2022 9
No.24046 of 2018. The case set out by the appellant in the writ petition was that she was engaged as Shrimp Farm Technician in the the Centre in the year 2001; that while she was working as such, she was appointed on 28.12.2016 on temporary basis for a period of three years in the Centre as Aquatic Animal Health Assistant; that while working as Aquatic Animal Health Assistant, the appellant applied for regularisation in the service of the Centre as Aquatic Animal Health Assistant and in terms of the order passed on 09.01.2018, the request of the appellant for regularisation was turned down by the University on identical grounds on which the request of the appellant in W.A.No.389 of 2022 was turned down. The writ petition was one instituted challenging the order dated 09.01.2018.
No.24032 of 2018. The case set out by the appellant in the writ petition was that she was engaged as a Microbiologist in the Centre in the year 2001; that while she was working as such, she was appointed on 28.12.2016 on temporary basis for a
10
Writ Appeal Nos.384, 389 & 402 of 2022
period of three years in the Centre as Aquatic Animal Health Assistant; that while working as Aquatic Animal Health Assistant, the appellant applied for regularisation in the service of the Centre as Aquatic Animal Health Assistant, and in terms of the order passed on 09.01.2018, the request of the appellant for regularisation was turned down by the University on identical grounds on which the request of the appellant in W.A.No.389 of 2022 was turned down. The writ petition was one instituted challenging the order dated 09.01.2018.
as also the learned Standing Counsel for the first respondent University.
Writ Appeal Nos.384, 389 & 402 of 2022 11
are not persons appointed against any sanctioned posts in the University and they were engaged only for the purpose of the various projects undertaken by the Centre. The appellants do not dispute the fact that they were not persons appointed against any sanctioned posts. However, they dispute the fact that they were engaged only for the projects undertaken by the Centre and they assert that they have been engaged by the Centre for discharging duties of permanent nature. According to the appellants, since they were engaged continuously right from 2001, it is for the University to create necessary posts in the Centre and absorb them. It is their contention that merely for the reason that sanctioned posts are not available, they cannot be denied regularisation. The appellants rely on the decision of the Apex Court in Nihal Singh v. State of Punjab , 2013 KHC 4607, in support of the said contention.
Writ Appeal Nos.384, 389 & 402 of 2022 12
issued by the Centre, in terms of which they have been appointed on temporary basis as Aquatic Animal Health Assistants. The said appointment orders categorically recite that their appointments were purely temporary and only for a period of three years. The terms and conditions of the said appointments also recite that remuneration will be paid to them exclusively from the revenue generated through the extension activities of the Centre. The appellants were not able to establish that they were discharging duties of permanent nature in connection with the functioning of the Centre. In the circumstances, there is no infirmity in the finding rendered by the learned Single Judge that the appellants were only persons engaged in the various projects undertaken by the Centre. If that be so, the appellants cannot claim regularisation in the service of the Centre, and the orders issued by the University declining regularisation are in order.
held that if certain persons are entitled to regularisation in a
Writ Appeal Nos.384, 389 & 402 of 2022 13
service, the fact that there are no sanctioned posts to accommodate them cannot be an impediment for not regularising them, and posts necessary for regularisation shall be created by the competent authorities. The said judgment, according to us, has no application to the facts of these cases.
In the said view of the matter, the writ appeals are
devoid of merits and are accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
C.S.SUDHA, JUDGE.
Mn
3 issues framed by the court
Whether temporary project staff engaged without sanctioned posts can claim regularisation.
Whether the absence of sanctioned posts prevents regularisation, given Nihal Singh v. State of Punjab.
Whether the Single Judge's finding that appellants were project staff is legally infirm.
Colour shows how this judgement treated each authority
Nihal Singh v. State of PunjabDistinguished¶89
Nihal Singh v. State of Punjab, 2013 KHC 4607
1 provisions across 1 enactments
SURYA SUGUNAN
A L SOMAN
BLESSY JOSE
THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
STATE OF KERALA
P.B. SURESH KUMAR
C.S. SUDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
