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Lakshadweep Laborers' Court Appeal

The document is a legal case titled WP(C).No.13767 OF 2020, presented in the High Court of Kerala involving multiple petitioners from Kavarathi Island, Union Territory of Lakshadweep, who are casual laborers under the Agriculture Department. The petitioners are seeking relief against the respondents, including the Administrator and various officials of the Union Territory. The case is presided over by Justice C.S. Dias and was heard on August 13, 2020.

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0% found this document useful (0 votes)
66 views18 pages

Lakshadweep Laborers' Court Appeal

The document is a legal case titled WP(C).No.13767 OF 2020, presented in the High Court of Kerala involving multiple petitioners from Kavarathi Island, Union Territory of Lakshadweep, who are casual laborers under the Agriculture Department. The petitioners are seeking relief against the respondents, including the Administrator and various officials of the Union Territory. The case is presided over by Justice C.S. Dias and was heard on August 13, 2020.

Uploaded by

maestero373
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

2020:KER:28857

WP(C).No.13767 OF 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA,


1942

WP(C).No.13767 OF 2020(U)

PETITIONER/S:

1 SHAJAHAN T.K.,
AGED 37 YEARS
S/O.HAMSA, THIRINIKAD, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

2 SULAIMAN K.P.,
S/O.KIDAREKUTTIPAPEPURA, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

3 MOHAMMED SHAFI K.P.,


S/O.SYEDPOO, KAKACHIYAPURA, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

4 HUSSAINALI K.P.,
S/O.MOHAMMED, KUTHITHAYEPURA, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

5 SALEEM.V.,
S/O.HAMZATH, THOOSHIYAPURA, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

6 KHAIR P.K.,
S/O.LATE MUTHU, PULINAKEEL, KUNTTIPPEPURA,
KAVARATHI ISLAND, UNION TERRITORY OF
2020:KER:28857

WP(C).No.13767 OF 2020

LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER


THE AGRICULTURE DEPARTMENT).

7 MUSTHAFA B.K.,
S/O.SYED, BAKKAKADA, KAVARATHI ISLAND, UNION
TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL
LABOUR UNDER THE AGRICULTURE DEPARTMENT).

8 BASHEER P.I.,
S/O.LATE MOHAMMED, PUTHIYAILLAM, PALLIPURA,
KAVARATHI ISLAND, UNION TERRITORY OF
LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER
THE AGRICULTURE DEPARTMENT).

9 ABOOBACKER P.,
S/O.KUNHI KUNHI, PALLAM, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

10 ALIKOYA K.,
S/O.BASHEER, KELIYAM, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

11 BASHEER.S.,
S/O.HAMSATH ALI, SAFIYABIYODA, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

12 ABDUL NAZAR,
S/O.ATTAKOYA, MUCHIYAM, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

13 JALEEL.P.,
S/O.ATTAH, POOVAMMADA, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

14 MUJEEB RAHMAN U.P.,


ALIKOYA, UTHAMPOKAKADA, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
2020:KER:28857

WP(C).No.13767 OF 2020

CASUAL LABOUR UNDER THE AGRICULTURE


DEPARTMENT).

15 SALEEM A.P.,
S/O.MOHAMMED, ATHAMPEPURA, KAVARATHI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, (WORKING AS
CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT).

16 JAMALIYATH T.P.,
D/O.SAINUL ABID, THIRINIPURA, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

17 YAKOOB,
S/O.LATE YOUSEF, CHANDIPURA, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

18 HIDAYATHULLA S.M.,
S/O.HAMZATH, SUBAITHA MANZIL, KAVARATHI
ISLAND, UNION TERRITORY OF LAKSHADWEEP,
(WORKING AS CASUAL LABOUR UNDER THE
AGRICULTURE DEPARTMENT).

BY ADV. SMT.M.B.SHYNI

RESPONDENT/S:

1 THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI
ISLAND, PIN-682555.

2 THE DIRECTOR OF PANCHAYAT,


DEPARTMENT OF PANCHAYAT, ADMINISTRATION OF
THE UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI ISLAND-682555.

3 THE DIRECTOR,
AGRICULTURE DEPARTMENT, UNION TERRITORY OF
LAKSHADWEEP, KAVARATTI ISLAND-682555.

4 THE AGRICULTURE OFFICER,


AGRICULTURE OFFICE, KAVARATTI ISLAND, UNION
TERRITORY OF LAKSHADWEEP-682555.
2020:KER:28857

WP(C).No.13767 OF 2020

5 THE VILLAGE (DWEEP) PANCHAYAT,


KAVARATTI ISLAND, EXECUTIVE ENGINEER, UNION
TERRITORY OF LAKSHADWEEP-682555.

6 NAJMATHUL LAILY P.P.,


D/O.ABDULLA K.P., PUTHIYAPURA HOUSE, KILTHAN
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682558.

7 BUSHARA.A.,
D/O.CHERIYAKOYA.A., ALIYATHARA HOUSE,
ANDROTT ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682551.

8 KHADEEJA C.K.,
D/O.ABEEBACKER.M, CHEKKEKEEL HOUSE, KALPENI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682555.

9 SALIM MALIK T.P.,


S/O.ABDUL SHOKOOR S.M., THIRUVATHAPURA
HOUSE, AGATHI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682555.

10 RAISA IRFATH BANU K.C,


D/O.CHERIYAKOYA C.O., KUTTIYACHADA HOUSE,
KALPENI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682557.

11 HALIMABI C.K.,
D/O.MOHAMMED ABDUL RAHIMAN A.P., CHAKKEKEEL
HOUSE, KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682555.

12 CHERIYAMOL K.K.,
D/O.ZAINUL ABID.M, KELIYAMMAKKADA HOUSE,
KILTHAN ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682558.

13 NAJILA M.I.,
D/O.ABDILLAKOYA, MUKKIRIYA ILLAM HOUSE,
KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682555.

14 FARHANA T.P.,
D/O.POOKOYA M.P., THATTAMPOOKKADA HOUSE,
2020:KER:28857

WP(C).No.13767 OF 2020

ANDROTT ISLAND, UNION TERRITORY OF


LAKSHADWEEP-682551.

15 RAVASIYA PRAVEEN K.C,


D/O.SYED MOHAMMED A.K., KUTTIYACHADA HOUSE,
KALPENI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682557.

16 NILAMUDHEEN K.,
S/O.AHMAD C.M., ROSE MANZIL, KACVARATTI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682555.

17 THAJUL HASSAN K.V.,


S/O.ABDULKHADER.M., KEELAVILLATTUM HOUSE,
AMINI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682555.

18 HAMEEDATHBI K.,
D/O.KOYA C.L., KUNNASHADA HOUSE, ANDROTH
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682551.

19 ABDUL RAFIH P.A.,


S/O.SAYEDUL ABID, PUTHIYA ALIKOM HOUSE,
AMINI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682552.

20 MOHAMMED KEELANI HASSAN NADAVI K.M.,


S/O.SAYEDUL HAMEED, KAMAL MALMIYODA HOUSE,
AGATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682553.

21 SALIM MALIK E.C.,


S/O.YOUSUF P.P., ELLA CHETTA HOUSE, AGATTIL
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682553.

22 BEEBI FATHIMA K.D.,


KUNHI P., KUNNAMANGALAM HOUSE, KILTHAN
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682558.

23 SAFEELA T.P.,
D/O.KUNHIKOYA, THATTAMPOKKADA HOUSE, ANDROTT
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682551.
2020:KER:28857

WP(C).No.13767 OF 2020

24 LAILA BASHEER K.,


D/O.MOHAMMED BASHEER K.K., KUNHALI HOUSE,
ANDROTT ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682551.

25 SUMAYYABI P.M.,
D/O.KOYAKIDAVE.B., POOMALIKA HOUSE, KADAMATH
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682556.

26 FIROSKHAN M.K.,
S/O.KASMI P.C, SMK HOUSE, AMINI ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682552.

27 MOHAMMED HISHAM P.,


S/O.KUNHI K.P., PONNIKAM HOUSE, AMINI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682552.

28 ABDUL GAFOOR P.K.,


S/O.KOYASSAN K.C., PUNNAKKOD HOUSE, AGATTI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682553.

29 AKBAR MELAPURA,
S/O.ABDUL KHADER S.C., MELAPURA HOUSE, AMINI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682552.

30 LIBANA BEEGUN L.,


D/O.POOKOYA K.C., LAVANAKKAL HOUSE, ANDROTT
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682551.

31 RUBEENA K.G.,
D/O.SHUKATH ALI.M., NALIYAMPURA HOUSE,
KANNARGOTHI, KAVARATTI ENVIRONMENT
ASSISTANT, V(D)P, MINICOY ISLAND, UNION
TERRITORY OF LAKSHADWEEP-682559.

32 SAYEEDHA S.V.,
D/O.MASHOOD.A., SHAIKINAVEED HOUSE, KILTHAN
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682558.

33 MOHAMMED ABDUNNASAR T.M.,


2020:KER:28857

WP(C).No.13767 OF 2020

S/O.MUSTAFA M.P., THARAMPALLI MAKKET HOUSE,


ANDROTH ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682551.

34 NASARULLA M.B.,
S/O.MOHAMMED M., MOHAMMED BHAVAN, KADAMATH
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682556.

35 HISANA K.,
D/O.MUTHUKOYA A., KOORMEL HOUSE, AMINI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682552.

36 SABEENA C.P.,
D/O.MOHAMMED SHAFI P., CHERIYAPURA HOUSE,
CHETLATH ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682554.

37 ABOO THALHATH B.,


S/O.KOYAMMA P., BAPTHIYODA HOUSE, ANDROTT
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682551.

38 SUMAYYA BEEBI A.,


D/O.KOYA P., ATTALADA HOUSE, ANDROTT ISLAND,
UNION TERRITORY OF LAKSHADWEEP-682551.

39 MOHAMMED ABDUL KAREEM M.P.,


S/O.KOYAMMA P.K., MOODAMPURA HOUSE, ANDROTT
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682551.

40 AJMAL HUSSAIN P.K.H,


S/O.HUSSAIN.M, PADANNATHA KANDETH HOUSE,
ANDROTH ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682551.

41 MOHAMMED RASHEED P.K.P.,


S/O.ATTAKOYA, PUTHIYAKAKKOTHAPURA HOUSE,
AMINI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682552.

42 SHAMEED C.N.,
S/O.ATTAKOYA K., CHERIYANNALLAL HOUSE,
KALPENI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682557.
2020:KER:28857

WP(C).No.13767 OF 2020

43 MOHAMMED ASIFKHAN B.,


S/O.YAKOOB.C.C., BANIYAM HOUSE, KILTAN
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682558.

44 MUFEEDHA M.I.,
D/O.HAMEEDA A.P., MELAILLAM HOUSE, KAVARATTI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682555.

45 ANEESA PARVEEN H.M.,


D/O.ATTAKOYA P.P., HURAISHI MAKKAN HOUSE,
KADAMATT ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682556.

46 TAKEUDEEN ALI N.C,


S/O.KHADER B.C., NEDUVATHACHETTA HOUSE,
AMINI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682552.

47 ABDUL VALEED P.,


S/O.ABDUL VAHAB K.C., KARIYAM CHETTA HOUSE,
AGATHI ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682553.

R1-4 BY SRI.MANU.S, SCGC, ADMINISTRATION OF


THE UNION TERRITORY OF LAKSHADWEEP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR


ADMISSION ON 13.08.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2020:KER:28857

WP(C).No.13767 OF 2020

JUDGMENT

The petitioners, who claim to be natives of the

Union Territory of Lakshadweep have contended that

they are casual labourers under the 4 th respondent

since the year 2000. The petitioners were initially

engaged for a period of 89 days at a stretch. They

have been continuously engaged for the last 20 years,

with an artificial break after 89 days. The

engagement of the petitioners is regular in nature.

The artificial breaks that are effected by the

respondents is with a mala fide intention of defeating

any claim of the petitioners for permanent absorption.

On 30.4.2020, the 3rd respondent had by Ext.P1 order

issued an order awarding the petitioners to upgraded

skilled category. The petitioners are continuing as

casual labourers in the Agricultural Department,

without any protection of interim orders of the Courts

or Tribunals.
2020:KER:28857

WP(C).No.13767 OF 2020

10

2. The Hon'ble Supreme Court in paragraph 53

of the decision in Secretary, State of Karnataka and

Others v. Umadevi & Others [ (2006) 4 SCC 1] has

held that the qualified persons in duly sanctioned

vacant posts, who have continued to work for ten years

or more, without the intervention of orders of the

Courts or Tribunals have to be considered for

regularisation of service. The petitioners come from

the same situation covered by the above decision. In

an identical situation, this Court by Ext.P2 judgment

directed the 1st respondent to undertake a one time

exercise of regularisation, as contemplated in

paragraph 53 of the judgment in Umadevi.

Similarly, pursuant to the directions of this Court in

Contempt Case No.1076/2018, the 1st respondent by

Ext.P3 regularised the employment of casual labourers

similarly situated to the petitioners. Hence, the

petitioners are entitled to get regularisation of

employment to their respective posts. The

respondents are deliberately evading from


2020:KER:28857

WP(C).No.13767 OF 2020

11

regularisation of the petitioners. The respondents are

now taking hasty steps to appoint the candidates from

Ext.P4 list, without considering the experience of the

petitioners. Hence, the petitioners have preferred

Ext.P5 representation before the 1 st respondent. The

petitioners seek a direction to the 1 st respondent to

consider and dispose of Ext.P5, in light of Exts.P2 and

P3, within a time frame.

3. The learned Standing Counsel appearing for

the respondents 1 to 4 has filed a statement, inter alia,

contending that the writ petition is not maintainable.

According to the respondents 1 to 4, the petitioners

are casual labourers engaged by the Agricultural

Department of the 1st respondent. The engagement of

casual labourers in the 1 st respondent is governed by

a scheme of engaging labourers from the registers

prepared by Village-Panchayats on rotation basis.

The petitioners 1 to 15, 17 & 18 had earlier filed

WP(C) Nos. 5289/2015 and 5551/2015 before this


2020:KER:28857

WP(C).No.13767 OF 2020

12

Court challenging the order of the Secretary of

Panchayats by which scheme they were disengaged.

The scheme of the 1st respondent was upheld by this

Court. The petitioners have suppressed materials facts

before this Court, with an intention to mislead this

Court. The suppression is grave and contumacious.

The judgment has become final. Hence, the writ

petition is only liable to be dismissed.

4. The 1st petitioner has filed a reply affidavit

refuting the allegations in the statement filed by the

learned Standing Counsel. According to the 1st

petitioner, the petitioners had filed WP (C)

No.5289/2015 against an order disengaging them.

Therefore, the prayer in the writ petition was against

the retrenchment of the petitioners. This Court by

Ext.P7 judgment disposed of the writ petition with an

observation that the petitioners have right under the

Industrial Disputes Act. Now the petitioners have

approached this Court seeking a direction to regularise


2020:KER:28857

WP(C).No.13767 OF 2020

13

their service taking into account Exts.P2 and P3.

5. Heard Smt.M.B.Shiny, the learned counsel

for the petitioners and Sri.S.Manu, the learned

Standing Counsel appearing for the respondents 1 to 4.

Notice to respondents 5 to 47 were dispensed with, in

view of the order that I propose to pass in this case.

6. Undisputedly, this Court by Ext.P7 judgment

in paragraphs 14 to 16 held thus:

14. Therefore, the impugned scheme cannot be said


to be illegal in any respect as already found in the judgment
in W.P(c).No.27618 of 2017. Moreover, in the light of
judgments (supra) relied on by the Learned Standing
Counsel, starting from Umadevi's case, the petitioners who
were selected by pick and choose method cannot have
any valid claim for regularisation or continued
engagement when several unemployed hands are
awaiting appointments. Their cases are also liable to be
considered for employment for 89 days as per their turn,
once the register is prepared pursuant to Ext P26 order.

15. However, it is seen that the respondents are


operating a single list for engaging persons for any
employment, irrespective of the qualification requires or
2020:KER:28857

WP(C).No.13767 OF 2020

14

nature of employment. Such a procedure will cause


unnecessary delay in providing employment/utilising the
services of qualified hands at the earliest opportunity. I am
of the view that preparation of separate lists for
posts/employments which require special/technical
qualification will be appropriate and it would serve the
interest of employee as well as employer. Apart from
avoiding delay in getting qualified hands, the aspirants for
employment will have an idea about the possible intervals
between each spell of their appointments. The respondents
shall consider whether such separate list is necessary to
avoid delay.
16. The learned Counsel for the petitioners
vehemently argued that in the light of the judgment in
Paramanand v. Nagar Palika & others: (2003)9 SCC 290,
the village Panchayat is an industry and the petitioners are
workmen and therefore the respondents are bound to
observe the provisions contained in Chapter VA of the
Industrial Disputes Act, 1947 (ID Act) and the right of the
petitioners under the Industrial Disputes Act requires
adjudication by this court. But I find that when there is a
statutory forum to adjudicate the disputes under the ID Act,
the petitioners would be free to approach it and this
judgment will not stand in the way of adjudicating the
same.
7. Undisputedly, Ext.P7 judgment has attained
2020:KER:28857

WP(C).No.13767 OF 2020

15

finality. A reading of the judgment substantiates that

this Court had categorically found that the petitioners

were selected by a pick and choose method.

Therefore, they cannot have any valid claim for

regularisation or continued engagement. This Court

relegated the petitioners to approach the competent

Forum under the Industrial Disputes Act.

8. The prayer in this writ petition though

seemingly innocuous i.e, to consider Ext.P5

representation favourably and regularise the service of

the petitioners, in light of Exts.P2 and P3, the same is

to bye-pass Ext.P7 judgment, which has become

conclusive and attained finality. This Court has

categorically found that the petitioners were selected

by pick and choose method and that their initial

engagement was without any process of selection.

Therefore, Ext.P5 representation is unsustainable in

law. It is impermissible in law for this Court to direct

an authority to consider an unsustainable


2020:KER:28857

WP(C).No.13767 OF 2020

16

representation.

9. The Hon'ble Supreme Court in a recent

decision in Union of India v. P.Venkatesh[(2019) 15

SCC 613] in paragraph 8 held thus:

“8. This “dispose of the


representation” mantra is increasingly
permeating the judicial process in the High
Courts and the Tribunals. Such orders may
make for a quick or easy disposal of cases in
overburdened adjudicatory institutions.
But, they do no service to the cause of
justice. The litigant is back again before
the court, as this case shows, having
incurred attendant costs and suffered
delays of the legal process. This would have
been obviated by calling for a counter in
the first instance, thereby resulting in
finality to the dispute. By the time, the
High Court issued its direction on 9.8.2016
nearly twenty-one years had elapsed since
the date of the death of the employee”.

10. In light of the above categoric declaration of

law and on finding that Ext.P5 representation is


2020:KER:28857

WP(C).No.13767 OF 2020

17

unsustainable in law, in light of the findings in Ext.P7

judgment, the prayer to direct the respondents to

consider Ext.P5 representation favourably and

regularise them in service cannot be permitted.

Hence the writ petition fails and the same is

dismissed.

ma/14.8.2020 Sd/- C.S.DIAS, JUDGE

/True copy/

P.S to Judge
2020:KER:28857

WP(C).No.13767 OF 2020

18

APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER


NO.F.NO.5/3/2019-AGRI/215 DATED
30.04.2020 ISSUED BY THE 3RD
RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN


OP(CAT)NO.2301/2011 DATED 26.11.2015
OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.F


NO.15/09/2009-IND/591 DATED
29.11.2018 ISSUED BY THE 1ST
RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED


02.07.2020 ISSUED BY THE 3RD
RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION


DATED 04.07.2020 SUBMITTED BY THE
PETITIONERS BEFORE THE 1ST
RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF WP(C)


NO.5289/2015 OF THIS HON'BLE COURT
(WITHOUT EXHIBITS).

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED


20.8.2018 IN WP(C) NO.5289/2015.

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