PADMAKSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel appearing for respondent Nos. 2 and 3.

(2.) This writ appeal has been filed against the judgment dated 13/11/2014, by which, WP (C) No. 642 of 2012 filed by the appellants was dismissed. Appellants are persons / legal representatives of persons whose land was acquired in the year 1970 and was handed over to the Calicut University. Thereafter, a portion of the land was handed over to autonomous institute namely, Centre for Water Resources Development and Management (CWRDM). In the institute, certain persons, whose land was acquired were engaged as casual / daily wage workers. The State Government issued a Government Order, Ext. P1 dated 26/02/1983, which provided that the local people whose land has been acquired for the establishment of the Centre should be given preference in the matter of appointment to lower grade posts as a special case. Certain persons were engaged on lower posts giving the benefit of the said Government Order. Writ Petition No. 37307 of 2004 was filed by the petitioners praying for a direction on the basis of Government Order dated 26/02/1983 to make their appointment. The said writ petition was disposed of by this Court observing that as and when any recruitment is made from outside, the petitioners can make a claim. Subsequently, Ext. P6 letter dated 29/12/2011 was issued, by which, the Controller of Administration wrote to the Executive Director informing that there is recommendation from the Management Committee to consider the General Workers for being re - designated as Helpers in the existing vacancies without any change in their pay scales as well as in their current duties and responsibilities. Petitioners aggrieved by the said letter has filed writ petition in this Court, which writ petition has been dismissed.

(3.) Learned Single Judge after noticing the Government Order as well as the decision at Ext. P6 observed that petitioners can raise their claim only when advertisement for recruitment is issued for appointment to the vacancy on the said post. The learned Single Judge refused to interfere with Ext. P6.