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High Court of KeralaWP(C)/28296/2014disposed of

Rajendran K v. State Of Kerala

2015-02-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 28296 of 2014 (J) ---------------------------- PETITIONER(S):

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1. RAJENDRAN K S/O.JAYAKUMARI, ABHI AJI BHAVAN, ETC P.O.

KOTTARAKKARA, KOLLAM-691 531.

2. MANI.K.

S/O.KUNJIRAMAN, UZHALOTTU MELATHIL, PUTHENVEEDU ETC P.O., KOTTARAKKARA, KOLLAM-691 531.

BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.SANDEEP GOPALAKRISHNAN RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.

2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY (LSGD) LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3. THE COMMISSIONER OF DEVELOPMENT COMMISSIONERATE, L.M.S.COMPOUND THIRUVANANTHAPURAM-695 033.

4. THE PRINCIPAL EXTENSION TRAINING CENTRE EXTENSION TRAINING CENTRE P.O., KOTTARAKKARA KOLLAM-691 531.

5. THE FARM MANAGER EXTENSION TRAINING, CENTRE P.O., KOTTARAKKARA KOLLAM-691 531.

R1-5 BY ADV. GOVERNMENT PLEADER: SMT. M J RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28296 of 2014 (J) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P1.TRUE COPY OF THE CONSOLIDATED SERVICE DETAILS OF THE PETITIONERS PREPARED BY THE 5TH RESPONDENT EXT.P1(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P1 ONLY WITH THE NAMES OF THE PETITIONERS HEREIN.

EXT.P2.TRUE COPY OF THE ORDER NO.TC NO.3/119/2000 DATED 29/12/2005 ISSUED BY THE 4TH RESPONDENT EXT.P2(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P2. EXT.P3.TRUE COPY OF THE ORDER NO.9079/ESTT. B4/2003/CRD DATED 20/12/2005 OF THE 2ND RESPONDENT EXT.P3(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P3 EXT.P4.TRUE COPY OF THE JUDGMENT DATED 6/4/2005 IN WPC NO.11610/2005. EXT.P5.TRUE COPY OF THE G.O.ORDER (RT) NO.2664 DATED 18/12/2008 OF THE 1ST RESPONDENT EXT.P5(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P5 EXT.P6.TRUE COPY OF THE G.O.(NORMAL) NO.2207/2010/AGRL. DATED 14/12/2010 OF THE 1ST RESPSONDENT EXT.P6(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P6 EXT.P7.TRUE COPY OF THE ACKNOWLDGEMENT LETTER ISSUED BY THE CHIEF MINISTER'S OFFICE.

EXT.P7(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P7 EXT.P8.TRUE COPY OF THE ORDER NO.TC1-237/2013 DATED 8/10/2014 ISSUED BY THE 4TH RESPONDENT EXT.P8(A).TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXT.P8 RESPONDENT(S)' EXHIBITS:

EXT R4(a):

TRUE COPY OF THE LETTER DTD 09.06.2008 True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.28296 of 2014 ============================ Dated this the 12th day of February, 2015

JUDGMENT

Petitioners entered in the service of Extension Training Centre under Rural Development Department on daily wages. Petitioners case is that similarly placed casual employees were regularized by Exts.P2 and P3 orders. Petitioners rely on Exts.P5 and P6 and submit that there was a decision by the Government to employ casual labourers on rotation basis in permanent posts. However overlooking this Government order, it is submitted that by Ext.P8 order Principal of Extension Training Centre made a request to take candidates from the Employment Exchange. Petitioners submit that this is against Ext.P5, this was later modified by Ext.P6. 2.

It is obvious that while taking decision as per Ext.P8 by the Principal of Institute, the order passed by the Government was not adverted. Petitioners have highlighted their grievance and made a representation before the second respondent. Ext.P7 is the acknowledgment of representation.

3.

In the facts and circumstances, there shall be a direction to the second respondent to take appropriate decision in the matter within a period of two months from the date of receipt of a copy of

W.P(C).No.28296 of 2014 this judgment after adverting to Exts.P5 and P6 and after affording an opportunity of hearing to the petitioners and 4th respondent. Till a decision is taken by the second respondent, interim order passed by this Court will continue. The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/02/15