Kerala High Court
Sudheep A.B vs Kerala Veterinary And Animal Sciences ...
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938
WA.No. 1921 of 2016 () IN WP(C).30633/2016
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AGAINST THE ORDER/JUDGMENTDATED
IN WP(C) 30633/2016 of HIGH COURT OF KERALA
22.9.2016
APPELLANTS/PETITIONERS.:
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1. SUDHEEP A.B.
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
2. RAJESH KUMAR,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERISITY,
MANNUTHY, THRISSUR-680651.
3. LIJI T.P.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
4. SANILA P.D.,
CLASS IV EMPLOEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERISITY,
POOKKODE, WAYANAD-673596.
5. SUNOJ. P.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
6. NOBI SEBASTIAN T.A.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
7. VIJAYAKUMAR V.
CLASS IV EMPLOYEE (C0NTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD.673596.
8. INDU A.K.
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
WA.No. 1921 of 2016 () IN WP(C).30633/2016
9. SURAJ K.R.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
10. SUBHEESH P.,
CLASS IV EMPLOYEE (C0NTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE , WAYANAD-673596.
11. RAJESH M.R.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERISTY,
POOKKODE, WAYANAD-673596.
12. SARITHA T.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
13. JITHILESH T.P.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
14. DHANIL K.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
POOKKODE, WAYANAD-673596.
15. SINDHU V.V..,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
16. SUSEELA DEVY P.B.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
17. MOHAMMED SHAFI V.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
18. VIJESH. C,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
19. PRAVEEN KUMAR NALUKANDATHIL,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
WA.No. 1921 of 2016 () IN WP(C).30633/2016
20. ARUN KUMAR C.U.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
21. ANILKUMAR V.R.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERISTY,
MANNUTHY, THRISSUR-680651.
22. SURESH KUMAR S.R.
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
23. SHAINOD A.V.
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
24. SIVAKUMAR M.K.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
25. MAHESH M.J.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINAY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
26. CHARLES J.,
CLASS IV EMPLOYEE (CONTRACT BASIS),
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
MANNUTHY, THRISSUR-680651.
BY ADVS.SRI.KALEESWARAM RAJ
KUM.A.ARUNA
RESPONDENTS/RESPONDENTS:
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1. KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPURAM-695001.
2. THE REGISTRAR,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
THIRUVANANTHAPURAM-695001.
BY SRI.MILLU DANDAPANI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30-09-2016,
ALONG WITH WA.No. 1935 of 2016 THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
C.K.ABDUL REHIM & ANIL K.NARENDRAN, JJ.
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W.A.Nos.1921 & 1935 of 2016
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Dated this the 30th day of September, 2016
JUDGMENT
C.K.Abdul Rehim, J.
The writ petitioners are in appeal against a common judgment dated 22.9.2016 of the Single Bench. Their claim for continuation in service was rejected finding that the petitioners have no right based on the contract under which they were engaged. Specific finding is that the appellants have no right to insist on continuation of service based on the terms of the contract, because the appellants at the time of entering into the contract were not subjected to any coercion or undue influence and they have entered into the contract with open eyes. Therefore, the learned Single Judge observed that, the appellants were estopped from contending that the contract entered into with the respondent/University would enable them to continue in service even beyond the period of contract or upto the time the regular appointments are effected by the University. In this regard reliance was placed on the decision of the Hon'ble W.A.Nos.1921 & 1935 of 2016 2 Supreme Court in Secretary, State of Karnataka and others Vs. Umadevi (2006 (4) SCC 1).
2. Learned counsel for the appellants pointed out that, in Exts.P2 and P3 judgments relief to the extent of permitting similarly situated persons were allowed, till regular hands are appointed. Therefore it is contended that the Single Judge ought to have considered those judgments and granted identical relief.
3. Per contra, learned Standing Counsel contended that, the appellants cannot raise any such issue of continuance beyond the period of the existing contract, as a matter of right. We find force in the contention of the respondent. Since the appellants could not establish any legal right for claiming continuation, we do not find any illegality, irregularity or impropriety in the judgment impugned. Hence we are not inclined to entertain these Writ Appeals.
4. Learned counsel for the appellants pointed out that the learned Single Judge had reserved liberty of the appellants/ petitioners to approach the respondent/University seeking W.A.Nos.1921 & 1935 of 2016 3 renewal of the contract of appointment. It is observed that the respondent/University will not be prevented from considering any such request. He made an appeal to this Court to permit the appellants to continue on the basis of the existing contract or on the basis of renewal of the contract, until the University takes a decision on the request to be made by the appellants. He further submitted that the appellants will submit proper representations in this regard to the respondent concerned, immediately. We are of the considered opinion that a relief to the above extent can be permitted on an equitable basis. Therefore, even though we are not inclined to interfere with the judgment on merits, we feel that an equitable relief to the above said extent can be granted.
Hence the appeals are hereby disposed of by directing the appellants herein to submit proper representations seeking renewal of contract, before the 2nd respondent, within a period of one week from today. If any such representations are received, the respondents shall consider the same and shall take appropriate decision thereon. Till such time a decision as W.A.Nos.1921 & 1935 of 2016 4 mentioned above is taken, service of the appellants shall not be dispensed with by the respondent/University.
Sd/-
C.K.ABDUL REHIM, JUDGE Sd/-
ANIL K.NARENDRAN, JUDGE skj True copy P.A to Judge