High Court of KeralaWP(C)/26121/2015disposed of

Rajan v. State Of Kerala

2015-09-23Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 26121 of 2015 (M) ---------------------------- PETITIONERS:

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1. RAJAN V.A., AGED 41 YEARS S/O.APPUKUTTAN, VELIKKAD HOUSE, MUNDUR PALAKKAD.

2. SREENIVASAN E.K., AGED 44 YEARS S/O.KUTTAPPAN, ERUCHIRAKKAL HOUSE, MALAMPLUZHA PALAKKAD-678 651.

3. KANJANA KUMRI, AGED 44 YEARS W/O.SUDEVAN, KANJIRAKADAVU, MALAMPLUZHA PALAKKAD-678 651.

BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY AGRICULTURE DEPARTMENT, THIRUVANANTHAPURAM-695 001

2. THE PRINCIPAL AGRICULTURE OFFICER AGRICULTURE DEPARTMENT, CIVIL STATION, PALAKKAD-678 001.

3. THE ASSISTANT DIRECTOR HORTICULTURE DEVELOPMENT FARM AGRICULTURE DEPARTMENT, MALAMPLUZHA PALAKKAD-678 651.

4.THE DISTRICT EMPLOYMENT OFFICER EMPLOYMENT EXCHANGE, PALAKKAD-678 001.

BY GOVERNMENT PLEADER SMT. A. LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, ALONG WITH WP(C) NO.28514 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26121 of 2015 (M) APPENDIX PETITIONERS' EXHIBITS:- ----------------------------------- EXT.P1 - COPY OF THE EMPLOYMENT REGISTRATION CARD OF THE 1ST PETITIONER.

EXT.P1(A) - COPY OF THE EMPLOYMENT REGISTRATION CARD OF THE 2ND PETITIONER.

EXT.P1(B) - COPY OF THE EMPLOYMENT REGISTRATION CARD OF THE 3RD PETITIONER.

EXT.P2 - COPIES OF RELEVANT PAGES OF LIST OF MEN CANDIDATES SPONSORED BY THE 4TH RESPONDENT.

EXT.P3 - COPIES OF RELEVANT PAGES OF LIST OF WOMEN CANDIDATES SPONSORED BY THE 4TH RESPONDENT.

EXT.P4 - COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT DATED 01/08/2015.

EXT.P5 - COPY OF REPRESENTATION OF PETITIONERS TO 2ND RESPONDENT DATED 12/08/2015.

RESPONDENTS' EXHIBITS:- ------------------------------------- EXT.R2(A) - COPY OF THE LIST RECEIVED FROM THE 4TH RESPONDENT DATED 10.04.2015.

EXT.R2(B) - COPY OF THE LIST RECEIVED FROM THE 4TH RESPONDENT DATED 07.05.2015.

//TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). Nos.26121 & 28514 of 2015 --------------------------------------- Dated this the 23rd day of September, 2015.

JUDGMENT

Both the writ petitions deal with the question of engagement of casual labour under the farms of the Principal Agriculture Officer, Agriculture Department, Civil Station, Palakkad, the 2nd respondent in both the writ petitions. The petitioner only claims for consideration, when casual employment of workers are made to the respective posts. In WP(C) No.26121 of 2015, there is already an interim order, directing consideration.

2. The learned Government Pleader submits that, the petitioners in WP(C) No.26121 of 2015 were permitted to participate and the select list is yet to be finalised. The learned counsel for the petitioners also confirms that the petitioners were considered for such casual employment.

W.P(C). Nos.26121 & 28514 of 2015 In such circumstances, even in the other writ petition, a similar order can be passed, directing the Principal Agriculture Officer, the 2nd respondent, to consider the employment of the petitioners as casual workers, whenever the same is required in the respective farms.

The writ petitions shall be disposed of, however making it clear that the casual employment does not confer any vested right on the petitioners. The selection process in WP(C) No.26121 of 2015 shall be finalised as expeditiously as possible. No costs.

Sd/- K. VINOD CHANDRAN, JUDGE sp //True Copy// P.A. to Judge