Deepa T, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jun 30, 2022

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Citation: sooperkanoon.com/1465392
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jun 30, 2022
Case Number: WP(C)/10366/2022

Parties & Advocates

Appellant / Petitioner

Deepa T,

Respondent

State of Kerala,

Excerpt

.....petitioner was appointed under the mgnreg scheme in udma grama panchayat, kasargod in the post of data entry operator. it is wp(c) no. 10366 of 2022 4 stated that the contract of the petitioner was renewed from time to time. it is submitted that at present a government order has been issued on 30.6.2022 extending the services of contract employees under the scheme for a further period of two years from 30.6.2022. the extension is on condition that an appraisal will be conducted in july 2022 and the extension will be on the basis of the appraisal as well.4. the learned government pleader submits that the petitionerwho is admittedly contract appointee under the scheme is entitled to the benefit of the government order. in the above view of the matter, this writ petition is disposed of directing that the service of the petitioner shall be continued on the basis of the government order dated 30.6.2022 and subject to the conditions provided therein. the contentions of the parties are left open. this writ petition is ordered accordingly. sd/- anu sivaraman judge ska wp(c) no. 10366 of 2022 5 appendix of wp(c) 10366/2022 petitioner exhibits exhibit p1 true copy of the letter of agreement renewing the contract of the petitioner dated 14.01.2020. exhibit p2 true copy of the g.o(ms) no.952/12/lsgd dated 29.03.2012. exhibit p3 true copy of the g.o (ms) no. 1149/2021/lsgd dated 15.06.2021. exhibit p4 true copy of the g.o (rt) no. 1067/2021/lsgd dated 01.06.2021, issued by the 1st respondent. exhibit p5 true copy of the order pan/14760/2020-e9 (dp) dated 12.01.2021, issued by the director of panchayats. exhibit p6 true copy of the g.o(ms) no. 1496/2021 /lsgd dated 09.08.2021. exhibit p7 true copy of the interim order in w.a. no. exhibit p8 true copy of the judgment in writ appeal no. exhibit p9 true copy of the interim order in w.p.c no. respondent exhibitsexhibit r7(a) the true copy of the government orderno.758/2022/lsgd dated 26.3.2022.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 WP(C) NO. 10366 OF 2022 PETITIONER: DEEPA T, AGED 36 YEARS W/O. VINOD K.V, ACCOUNTANT CUM DATA ENTRY OPERATOR, (MGNREGS), UDMA GRAMA PANCHAYAT, UDMA P.O, KASARGOD 671 319., RESIDING AT "AMMA" , VEENACHERY, BELLIKKATH, AJANUR P.O, KASARGOD 671 531.
BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001 2 DIRECTOR OF PANCHAYAT, DIRECTORATE , PATTOM, THIRUVANANTHAPURAM-695 001 3 RURAL DEVELOPMENT AND MISSION DIRECTOR, (MGNREGS), FIRST FLOOR, PUNARJANI, T.C. 26/1333(2) , PANAVILA JUNCTION, THIRUVANANTHAPURAM-695 001 4 PROGRAM CO-ORDINATOR/ DISTRICT COLLECTOR, (MGNREGS), CIVIL STATION, VIDYANAGAR, VIDYANAGAR, KASARGOD 671 123.
5 PROJECT DIRECTOR AND JOINT PROGRAMME CO-ORDINATOR, WP(C) NO. 10366 OF 2022 2 (MGNREGS), CIVIL STATION, KASARGOD 671 123. 6 UDMA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O. UDMA, KASARGOD-671 319 7 SECRETARY, UDMA GRAMA PANCHAYAT , P.O. UDMA, KASARGOD 671 319. 8 THE PANCHAYAT COMMITTE, REPRESENTED BY ITS PRESIDENT, UDMA GRAMA PANCHAYAT, KASARGOD 671 319. BY ADVS. T.MADHU GANGADHARAN NAIR M. C.R.SARADAMANI SHAHID AZEEZ RESHMA SANTHOSH RENJISH S. MENON OTHER PRESENT: JOBY JOSEPH-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10366 OF 2022 3

JUDGMENT

This writ petition is filed seeking the following reliefs :- i) To declare that the petitioner is not liable to be terminated from service and she is entitled to continue as Accountant cum Data Entry Operator till the Mahatma Gandhi National Rural Employment Scheme continues in Udma Grama Panchayat; il) To issue a writ of mandamus directing the respondents to pass orders permitting the petitioners to continue in service as Accountant cum Data Entry Operator at Udma Grama Panchayat; iii) To issue a writ of mandamus directing the respondents to refrain from inducting fresh hands in the post of Accountant cum Data Entry Operator at Udma Grama Panchayat, on temporary basis.

2. Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the respondent Panchayat.

3. It is submitted by the learned counsel for the petitioner that

the petitioner was appointed under the MGNREG Scheme in Udma Grama Panchayat, Kasargod in the post of Data Entry Operator. It is WP(C) NO. 10366 OF 2022 4 stated that the contract of the petitioner was renewed from time to time. It is submitted that at present a Government Order has been issued on 30.6.2022 extending the services of contract employees under the Scheme for a further period of two years from 30.6.2022. The extension is on condition that an appraisal will be conducted in July 2022 and the extension will be on the basis of the appraisal as well.

4. The learned Government Pleader submits that the petitioner

who is admittedly contract appointee under the Scheme is entitled to the benefit of the Government Order. In the above view of the matter, this writ petition is disposed of directing that the service of the petitioner shall be continued on the basis of the Government Order dated 30.6.2022 and subject to the conditions provided therein. The contentions of the parties are left open. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 10366 OF 2022 5 APPENDIX OF WP(C) 10366/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF AGREEMENT RENEWING THE CONTRACT OF THE PETITIONER DATED 14.01.2020. Exhibit P2 TRUE COPY OF THE G.O(MS) NO.952/12/LSGD DATED 29.03.2012. Exhibit P3 TRUE COPY OF THE G.O (MS) NO. 1149/2021/LSGD DATED 15.06.2021. Exhibit P4 TRUE COPY OF THE G.O (RT) NO. 1067/2021/LSGD DATED 01.06.2021, ISSUED BY THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE ORDER PAN/14760/2020-E9 (DP) DATED 12.01.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS. Exhibit P6 TRUE COPY OF THE G.O(MS) NO. 1496/2021 /LSGD DATED 09.08.2021. Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN W.A. NO. Exhibit P8 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN W.P.C NO. RESPONDENT EXHIBITS

Exhibit R7(A) THE TRUE COPY OF THE GOVERNMENT ORDER

NO.758/2022/LSGD DATED 26.3.2022.

Same Court & Year Kerala · 2022 Same Parties Deepa T, vs State of Kerala, Same Judge Honourable Mrs. Justice Anu Sivaraman