Jojo M Thomas S/o. Thomas Last Grade Servant v. Kerala Agricultural University
2025-05-13
N.NAGARESH
body2025
DigiLaw.ai
JUDGMENT : N.NAGARESH, J. The petitioner seeks to command the 2 nd respondent to initiate necessary steps to regularise the service of the petitioner as Last Grade Servant Grade-II taking into account his acquittal from criminal case as per Ext.P2 forthwith. 2. The petitioner states that he joined service under the 1 st respondent-University as Labourer on 27.08.2005. The 1 st respondent-University invited application for various posts by way of internal selection from Class IV / permanent labourers working in the University on 27.10.2020. Consequent to the selection, the petitioner was appointed by transfer as Last Grade Servant on 05.10.2021. 3. The petitioner states that at the time of his appointment by transfer in the year 2021, he was falsely implicated in a criminal case. The petitioner had brought to the notice of the University about the criminal case at the time of his appointment by transfer. The said criminal case resulted in acquittal as per Ext.P2 order dated 12.06.2023 of the Judicial First Class Magistrate's Court-III, Thrissur in CC No.876/2018. 4. The University did not take notice of the applicant and did not regularise the service of the petitioner as Last Grade Servant. The respondents are taking steps to appoint other persons included in Ext.P1 rank list as Tractor Driver Grade-II excluding the petitioner, stating that his service as Last Grade Servant is not regularised. The petitioner therefore submitted Ext.P3 representation dated 01.03.2025 requesting for promoting him as Tractor Driver Grade-II. 5. The petitioner states that his representation is not considered and if promotions are effected disregarding his claim, the petitioner will be put to irreparable loss. 6. The respondents resisted the writ petition filing counter affidavit. It is stated that while working as permanent labourer in the University, the petitioner was promoted as Last Grade Servant Grade-II through internal selection. While submitting the police verification form at the time of joining in the Last Grade Servant post, the petitioner did not divulge details regarding the criminal case pending against him. The University came to know about the case only on receipt of Ext.R2(b) communication dated 07.07.2022 of the District Police Chief, Thrissur City. 7. The respondents stated that as per GO dated 05.11.2024, the Government shall consider each case of adverse police verification and appointment of candidate shall be regularise only after getting clearance from the Government. Therefore, the petitioner is not regularised.
7. The respondents stated that as per GO dated 05.11.2024, the Government shall consider each case of adverse police verification and appointment of candidate shall be regularise only after getting clearance from the Government. Therefore, the petitioner is not regularised. The petitioner submitted Ext.R2(c) affidavit dated 07.03.2025 furnishing the order of acquittal. Enquiry was made whether the Government has filed appeal against Ext.P2 order of acquittal. As per Ext.R2(f) University order dated 21.03.2025, appointments through internal selection were made to the post of Tractor Driver Grade-II, keeping one vacancy unfilled for appointment of the petitioner, subject to regularisation of his service. 8. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents. 9. The petitioner joined service under the 1 st respondent-University as labourer on 27.08.2005. It is an admitted position that the post of labourer in the University is a cadre post and appointment was made on permanent basis in a time scale. Character and antecedents of employees are to be enquired into at the time of initial regular appointment. After the initial appointment on permanent basis, if any criminal cases are filed against an employee, the Department is at liberty to take disciplinary proceedings. 10. As far as the petitioner is concerned, he was initially appointed as labourer on 27.08.2005. CC No.876/2018 was lodged against the petitioner only in the year 2018 in respect of an offence occurred on 02.03.2018. Thereafter, the petitioner was appointed by transfer as Last Grade Servant on 05.10.2021. While the petitioner was appointed by transfer, the petitioner had submitted Ext.R2(a) attestation form. In Column 16, against the question as to whether there is any case pending against the petitioner in any police station, the petitioner has given the answer “Yes”. Therefore, the petitioner cannot be blamed of suppression of pending criminal case. 11. When the petitioner entered service, CC No.876/2018 was not pending against the petitioner. At the time of by-transfer appointment as Last Grade Servant Grade-II, the petitioner had submitted attestation form indicating the pendency of criminal case. The criminal case ended in acquittal as per Ext.P2 judgment 12.06.2023. Therefore, the petitioner's appointment and service as Last Grade Servant Grade-II is liable to be regularised, for which no prior approval from the Government is required, in the facts and circumstances of the case.
The criminal case ended in acquittal as per Ext.P2 judgment 12.06.2023. Therefore, the petitioner's appointment and service as Last Grade Servant Grade-II is liable to be regularised, for which no prior approval from the Government is required, in the facts and circumstances of the case. The writ petition is therefore disposed of directing the 2 nd respondent to regularise the service of the petitioner as Last Grade Servant Grade-II taking into account his eligibility. There will be a direction commanding the respondents to appoint the petitioner as Tractor Driver Grade-II as per his turn in Ext.P1 rank list, if the petitioner is otherwise eligible.