BALAKRISHNAN.S.M v. STATE OF KERALA

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945 WP(C) NO. 1097 OF 2023 PETITIONERS: 1 2 3 4 SOORAJ.T. AGED 26 YEARS S/O SURESH T.B., OFFICE ATTENDANT, SREE KRISHNA COLLEGE, ARIYANNUR.P.O., GURUVAYOOR, THRISSUR - 680 102, RESIDING AT: THOZHUR HOUSE, THOLUR.P.O. THRISSUR, PIN - 680552 SINDHU.P.V. AGED 47 YEARS, W/O SASIKUMAR.K.V., OFFICE ATTENDANT, SREE KRISHNA COLLEGE, ARIYANNUR.P.O., GURUVAYOOR, THRISSUR - 680 102, RESIDING AT: KARAYIL HOUSE, POST KOTTAPPADI, GURUVAYOOR, THRISSUR, PIN - 680505 AMAL.K.V. AGED 28 YEARS, S/O VIJAYAN, OFFICE ATTENDANT, SREE KRISHNA COLLEGE, ARIYANNUR.P.O., GURUVAYOOR, THRISSUR - 680 102, RESIDING AT: ALOOR.P.O., THRISSUR, PIN - 680102 AMAL.K.R. AGED 25 YEARS, S/O RAMACHANDRAN, OFFICE ATTENDANT, SREE KRISHNA COLLEGE, ARIYANNUR.P.O., GURUVAYOOR, THRISSUR - 680 102, RESIDING AT: KUNDANAKATTILL HOUSE, ERUKULAM BAZAR, GURUVAYOOR, THRISSUR, PIN – 680104 BY ADVS. KALA T.GOPI K.I.SAGEER T.C.GOVINDASWAMY RENUKA M.R. NISHITHA BALACHANDRAN SUDHIR KUMAR B. W.P.(C) Nos. 6489, 1097 & 4309/2023 ..3.. RESPONDENTS: 1 2 3 4 5 6 7 8 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION(C) DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 THE ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR, THRISSUR, PIN - 680101 PRINCIPAL THE PRINCIPAL, SREE KRISHNA COLLEGE, ARIYANNUR.P.O., GURUVAYOOR, THRISSUR, PIN - 680102 SHRI SREEKUMAR.G ELAVINMOOTIL VEEDU, THRIKOVILVATTOM, MUKHATHALA.P.O. KOLLAM, PIN - 691577 SHRI T.SANTHOSH KUMAR KAILAS, MANGAYIL H.S.ROAD, MARADU.P.O. ERNAKULAM, PIN - 682304 SHRI SAJI.P.K. PILAKUNNUMMAL HOUSE, THAVAROOL, CHENGALAAYI.P.O., SREE KANDAPURAM, KANNUR, PIN - 670631 SHRI SUNIL.P. PARAYIL HOUSE, THOZHIYOOR.P.O., ANJOOR, KUNNAMKULAM(VIA), THRISSUR, PIN - 680520 SHRI MANOJ KUMAR UTHRAM, MALAKKUTHAZHA, MATTANNUR.P.O. KANNUR, PIN - 670702 BY ADVS. KALEESWARAM RAJ THULASI K. RAJ(K/000814/2015) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2024, ALONG WITH WP(C).4309/2023, 6489/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 6489, 1097 & 4309/2023 ..4.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945 PETITIONERS: WP(C) NO. 4309 OF 2023 1 2 3 4 5 T. SANTHOSH KUMAR AGED 48 YEARS, S/O. S. THANKAPPAN NAIR, KAILAS, MANGAYIL H.S. ROAD, MARADU P.O., ERNAKULAM, PIN - 682304 SREEKUMAR G AGED 49 YEARS, S/O.GOPALAKRISHNA PILLAI, SREE VALSAM, THRIKKOVILVATTOM, MUKHATHALA P.O,KOLLAM, PIN - 691577 SUNIL P AGED 46 YEARS, S/O.BALAN P.M, PARAYIL P.O. ANJUR, THRISSUR, PIN - 680520 SAJI P K AGED 44 YEARS, S/O. C.K.DAMODARAN, PILAKKUNNUMMAL KUTTIYATTH, THAVAROOL, CHENGALAYI P.O. SREEKANDAPURAM VIA, KANNUR, PIN - 670631 MANOJ KUMAR K AGED 49 YEARS, S/O.NARAYANAN NAMBIAR, "UTHRAM", MALAKKUTHAZHA, MATTANNUR P.O., KANNUR, PIN - 670702 BY ADVS. KALEESWARAM RAJ APARNA NARAYAN MENON CHINNU MARIA ANTONY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF DEVASWOM SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 W.P.(C) Nos. 6489, 1097 & 4309/2023 ..5.. 2 3 4 5 6 7 8 SECRETARY DEPARTMENT OF HIGHER EDUCATION SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 CHIEF SECRETARY GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM- ., PIN - 695001 THE MANAGING COMMITTEE GURUVAYUR DEVASWOM BOARD, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYUR P.O THRISSUR- ., PIN - 680101 GURUVAYUR DEVASWOM BOARD REPRESENTED BY ITS ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR P.O, THRISSUR, PIN - 680101 MANAGER/ADMINISTRATOR GURUVAYUR DEVASWOM, GURUVAYUR P.O, THRISSUR, PIN - 680101 MANAGER SREEKRISHNA COLLEGE, GURUVAYUR GURUVAYUR, THRISSUR, PIN - 680101 PRINCIPAL SREEKRISHNA COLLEGE, GURUVAYUR, THRISSUR, PIN - 680101 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2024, ALONG WITH WP(C).1097/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 6489, 1097 & 4309/2023 ..6.. MOHAMMED NIAS C.P., J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 6489, 1097 & 4309 OF 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2024 J U D G M E N T W.P.(C) No. 6489 of 2023. The petitioner had participated in the selection process for the appointment of Last Grade Servants pursuant to the notification dated 20/11/1998. Ext.P1 rank list was published on 01/06/2000, in which the petitioner figures as ranked No.3. The petitioner and 12 others were offered employment as Last Grade Servants by proceedings dated 02/06/2000 of the Administrator of Guruvayur Devaswom. The fourth respondent, the Director of Collegiate Education, had approved the appointment of 12 persons, including the petitioner, by proceedings dated 09/01/2002. The second respondent Board had also, by resolution dated 25/12/2001, requested the Director of Collegiate Education to give permanent appointment to the said 12 persons as well as to the petitioner when vacancies arose. The resolution of the Board was not accepted by W.P.(C) Nos. 6489, 1097 & 4309/2023 ..7.. the Deputy Director of Collegiate Education, and on 09/01/2002, the petitioner and 12 others were terminated from service.

2. The petitioner had approached this Court by filing W.P.(C) No.14594/2022, wherein this Court directed the Government to take a decision on the representation filed by the petitioner. The Director of Collegiate Education reiterated the earlier stand. In the meantime, pursuant to the directions of this Court in Ext.P6 judgment in W.P.(C) No.490/2020, Ext.P7 order was passed on 26/12/2022 holding that the petitioners who are similarly placed as the petitioner in the instant case and who worked as temporary hands by appointment through a notification, test and selection process at the Sreekrishna College, Guruvayur during the period from 2001-2004 and who were later terminated owing to delinking of Pre-Degree from Colleges had a preferential claim for appointment to the vacancies that arose later and thus were found to be eligible to be appointed in the existing vacancies of Office Attendants in Sreekrishan College, Guruvayur. Thus, the directions as far as the petitioners in Ext.P6 were complied with by Ext.P7. It is not in dispute that the petitioner is similarly situated as those appointed as per Ext.P7.

3. Learned Senior Counsel Sri Ranjith Thampan, appearing for W.P.(C) Nos. 6489, 1097 & 4309/2023 ..8.. the petitioner, would contend based on Section 57(6)(b) of the Calicut University Act that a teacher relieved from a private college on or after the 14th day of March 1974 either due to the abolition of a course of study or the cessation of the period for which he was appointed or for any other reason except disciplinary action was entitled to be given preference in the matter of, future appointments in the private college. This is made applicable to non-teaching staff as well by the operation of Section 63 of the Calicut University Act. Learned Senior Counsel also brings to my notice the judgments in 2009(1) KHC 36 [Sree Usha N. and another v. State of Kerala and Others], 2007 (3) KHC 109 [V.V.Sathimani v. Payyannur Educational Society and Others], 2014 KHC 4682 [State of Uttar Pradesh and Others v. Arvind Srivastava and Others], 2017 KHC 1049 [Kerala State Cashew Development Corporation v. C.Thomas Panikkar and Others] and 2007 (3) KHC 320 [Ajayakumar T and Others v. Union of India and Another] for the proposition that the petitioner is also entitled to similar treatment and that four vacancies have arisen as the incumbents were promoted.

4. Given the above facts, it is declared that the petitioner is entitled to get an appointment to the next arising vacancy as an Office Assistant in Sreekrishna College, Guruvayur, granting similar treatment W.P.(C) Nos. 6489, 1097 & 4309/2023 ..9.. as to the petitioner in Ext.P7 as the petitioner figured in Ext P1 list with a higher rank and had worked for the same period. Orders in this regard shall be passed within two months from the date of receipt of a copy of this judgment. W.P.(C) No.1097/2023

5. Ext.P7 in W.P.(C) No.6489/2023 is challenged by the petitioners in W.P.(C) No.1097/2023. Learned counsel for the petitioners submits that petitioners 3 and 4 are relinquishing their claims since they were appointed elsewhere, and therefore the writ petition as regards them will stand dismissed. As far as petitioners 1 and 2 are concerned, they are stated to work from 2017 onwards till the passing of Ext.P7 order. Since they are also entitled to be considered for selection to the next arising vacancies, I am inclined to give a direction to respondents 2 and 3 to consider petitioner Nos. 1 and 2 for appointment in the future vacancies, taking note of the explanation to Section 57(6) of the Calicut University Act. Orders shall be passed within two months from the date of receipt of a copy of this judgment. W.P.(C) No. 4309/2023

6. The petitioners in W.P.(C) No. 4309/2023 seek the implementation of Ext.P7. Since I have already held Ext.P7 is valid and W.P.(C) Nos. 6489, 1097 & 4309/2023 ..10.. legal going by the provisions mentioned above, it is declared that their appointments are regular and valid for all purposes, and the benefits under Ext P7 will be granted to them if not already granted. Accordingly, no further orders are required in W.P.(C) No.4309/2023. The writ petitions are allowed as above. APA Sd/- MOHAMMED NIAS C.P. JUDGE W.P.(C) Nos. 6489, 1097 & 4309/2023 ..11.. APPENDIX OF WP(C) 6489/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 RESPONDENT EXHIBITS EXHIBIT R2(A) EXHIBIT R2(B) EXHIBIT R2(C) EXHIBIT R2(D) TRUE COPY OF THE RANK LIST PUBLISHED BY THE GURUVAYUR DEVASWOM ON 01.06.2000 TRUE COPY OF THE RESOLUTION DATED 17.01.2008 OF THE GURUVAYUR DEVASWOM BOARD TRUE COPY OF THE RESOLUTION DATED 30.09.2009 OF THE GURUVAYUR DEVASWOM TRUE COPY OF THE PROCEEDINGS OF THE GURUVAYUR DEVASWOM BOARD DATED 19.02.2019 TRUE COPY OF THE JUDGMENT IN WP(C).NO.27561/2015 DATED 27.07.2021 TRUE COPY OF THE JUDGMENT IN WP(C).NO.490/2020 AND CONNECTED CASES DATED 25.07.2022 TRUE COPY OF GO(RT).NO.1888.2022/HEDN DATED 26.12.2022 TRUE COPY OF NEWSPAPER REPORT PUBLISHED IN DESABHIMANI DAILY DATED 23.04.2023 TRUE COPY OF THE PROCEEDINGS OF ADMINISTRATOR, EC1-5261/2011 DATED 19.04.2023 TRUE COPY OF THE LETTER DATED 18.08.2023 OF PRINCIPAL OF SREEKRISHNA COLLEGE GURUVAYUR TO THE ADMINISTRATOR GURYVAYUR DEVASWOM, DATED 18.08.2023 NO.G1/1758/2023 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.191/2014 IS DATED 12-08-2014 TRUE COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C) NO. 32118/2014 DATED 30.06.2015 TRUE COPY OF THE GOVT ORDER NO G.O.(RT) 1129/2019/HEDN DATED 4.7.2019 THE TRUE COPY OF THE DECISION NO 89 OF GURUVAYUR DEVASWOM MANAGING COMMITTEE DATED 23-08-2023 W.P.(C) Nos. 6489, 1097 & 4309/2023 ..12.. APPENDIX OF WP(C) 1097/2023 PETITIONER EXHIBITS EXHIBIT-P1 EXHIBIT-P2 EXHIBIT-P3 EXHIBIT-P4 EXHIBIT-P5 EXHIBIT-P6 EXHIBIT-P7 A TRUE COPY OF THE ORDER BEARING NO.EC1- 2777/2016 DATED 26.08.2017, ISSUED BY THE 2ND RESPONDENT. A TRUE COPY OF THE ORDER BEARING NO.EC1- 1688/18 DATED 03.07.2019, ISSUED BY THE SECOND RESPONDENT. A TRUE COPY OF THE NOTIFICATION SO PUBLISHED IN THE DESABHIMANI DATED 15.6.2018. A TRUE COPY OF THE SAID COMMON JUDGEMENT IN W.P.(C) NO.20358/2019, W.P.(C) NO.490/2020 AND W.P.(C) NO.2395/202 DATED 25.07.2022. EXHIBIT-P5: A TRUE COPY OF THE ORDER ISSUED BEARING G.O.(RT)NO.1888 /2022/ HEDN DATED 26.12.2022. A TRUE COPY OF THE ORDER BEARING NO.EC1- 5261/2011 DATED 19.04.2023 ISSUED BY THE 2ND RESPONDENT. A TRUE COPY OF THE ORDER BEARING NO.G/1719/2023 DATED 24.04.2023, ISSUED BY THE THIRD RESPONDENT. W.P.(C) Nos. 6489, 1097 & 4309/2023 ..13.. APPENDIX OF WP(C) 4309/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONERS DATED 03.06.2000.ALONG WITH TYPED COPY TRUE COPY OF THE ORDER DATED 01.07.2003 IN O.P NO. 14594/2002.ALONG WITH TYPED COPY TRUE COPY OF THE JUDGMENT DATED 29.07.2004 IN WP(C) NO. 12083/2004. TRUE COPY OF THE JUDGMENT DATED 22.10.2018 IN WP(C) NO. 34242/2018. TRUE COPY OF THE ORDER BEARING NO. R1- 8068/15 DATED 15.10.2019. TRUE COPY OF THE ORDER IN WP(C) 37574/2018 DATED 21.11.2018. TRUE COPY OF G.O.(RT) NO.1129/2019/HEDN DATED 04.07.2019. TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1 ST PETITIONER DATE 2.07.2018. TRUE COPY OF THE JUDGMENT DATED 25.09.2017 IN WP(C) NO. 7781/2017. TRUE COPY OF G.O.(P)182/74/PD DATED 26.07.1974. TRUE COPY OF THE LETTER DATED 28.11.2009. TRUE COPY OF THE RTI REPLY DATED 17.01.2022.ALONG WITH FIXATION ORDER TRUE COPY OF THE COMMON JUDGMENT IN WP(C) 2395/2022, WP (C) 20358/2019, AND WP (C) 490/2020 DATED 25.07.2022. TRUE COPY OF THE ORDER NUMBERED G. O (RT) NO. 1888/2022/HEDN DATED 26.12.2022 ISSUED BY THE 2 ND RESPONDENT WITH TYPED COPY