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 PETITIONER: SOBHITHKUMAR. P AGED 37 YEARS, S/O. PADMANABHAN, ACCOUNTANT-CUM-DATA ENTRY OPERATOR, THURAYUR GRAMA PANCHAYAT, PAYYOLIANGADI P.O., PAYYOLI, KOZHIKODE -673523, RESIDING AT PANCHAMI (H), PERUVATTOR P.O., KOYILANDY, PIN-673620, KOZHIKODE DISTRICT. BY ADV KALEESWARAM RAJ RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF PANCHAYATH, DIRECTORATE OF PANCHAYATHS, PATTOM, THIRUVANANTHAPURAM-695001. 3 RURAL DEVELOPMENT COMMISSIONER & MISSION DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, FIRST FLOOR, PUNARJANI, T.C.26/1333(2), PANAVILA JUNCTION, THIRUVANANTHAPURAM-695001. 4 PROGRAM CO-ORDINATOR/DISTRICT COLLECTOR, (MGNREGS), CIVIL STATION, ERANHIPPALAM, KOZHIKODE-673020. 5 PROJECT DIRECTOR & JOINT PROGRAMME CO-ORDINATOR, (MGNREGS), CIVIL STATION, ERANHIPPALAM, KOZHIKODE-673020. 6 THURAYUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PAYYOLIANGADI P.O., PAYYOLI, KOZHIKODE-673523. 7 SECRETARY, THURAYUR GRAMA PANCHAYAT, PAYYOLIANGADI P.O., PAYYOLI, KOZHIKODE-673523. 8 THE PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, THURAYUR GRAMA PANCHAYAT, PAYYOLIANGADI P.O., PAYYOLI, KOZHIKODE-673523. BY ADV K.S.ARUN KUMAR M.RAJEEV-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 30th day of June, 2022 This writ petition is filed seeking the following reliefs :-
“i) To issue a writ of certiorari quashing Ext.P5 as unjust, illegal and arbitrary; ii) To declare that the petitioner is not liable to be terminated from service and that they are entitled to continue as Accountant cum IT Assistant till the continues in Thurayur Grama Panchayat. iii) To issue a writ of mandamus directing the respondents to pass orders permitting the petitioners to continue in service as Accountant cum IT Assistant at Thurayur Grama Panchayat. iv) To issue a writ of mandamus directing the respondents to refrain from inducting fresh hands in the post of Accountant cum IT Assistant at Thurayur Grama Panchayat, on temporary basis.”
2. Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice was duly taken out to respondents 6 to 8 and was served, there is no appearance for the said respondents.
3. It is submitted by the learned counsel for the petitioner that the
petitioner was appointed under the MGNREG Scheme in Thurayur Grama Panchayat in the post of Accountant cum IT Assistant. Though Ext.P5 decision was taken to terminate the services of the petitioner, it is contended that no performance appraisal by a duly constituted committee was conducted and that the decision of the Panchayat not to renew the service of the petitioner is therefore totally illegal and invalid. It is 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 30.06.2022 extending the services of contract employees under the Scheme for a further period of two years. The extension is on condition that a performance 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 a contract appointee under the Scheme is entitled to the benefit of the Government Order.
5. Having heard the learned counsel for the petitioner and the learned
Government Pleader, I am of the opinion that the petitioner would be entitled to continue in service on the basis of the Government Orders which have been specifically upheld by this Court unless his service is found to be unsatisfactory by a performance appraisal committee constituted in accordance with the Government Order. Accordingly, this writ petition is disposed of directing that the service of the petitioner shall be continued on the basis of the Government Order dated 30.06.2022 and subject to the conditions provided therein. The petitioner will be entitled to the benefit of the said Government Order. A performance appraisal shall be conducted by the duly constituted appraisal committee as directed in the Government Order dated 30.06.2022 on or before 25.07.2022. The continuance of the petitioner will be subject to the performance appraisal to be conducted by such committee. All other issues are left open. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 10971/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF EMPLOYEES CERTIFICATE SERVES AS A TESTIMONY TO THE SAME. Exhibit P2 TRUE COPY OF LATEST RENEWAL OF CONTRACT DATED 1.4.2020, EXTENDING THE CONTRACT TILL 1.4.2022. Exhibit P3 TRUE COPY OF MINUTES OF THE PANCHAYAT MEETING DATED 12.6.2020, ALSO APPROVES THE RENEWAL OF CONTRACT UNDER AGENDA 12. Exhibit P4 TRUE COPY OF MUSTER ROLL DETAILS OF THE PETITIONER OF 2022. Exhibit P5 TRUE COPY OF THE ORDER DATED 21.3.2022. Exhibit P6 TRUE COPY OF G.O.(MS) NO.1149/2021/LSGD DATED 15.6.2021. Exhibit P7 TRUE COPY OF ORDER PAN/14760/2020-E9(DP) DATED 12.1.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS. Exhibit P7(a) TRUE COPY OF G.O.(RT) NO.1067/2021 DATED 1.6.2021. Exhibit P8 TRUE COPY OF G.O.(MS) 1496/2021/LSGD DATED 9.8.2021. Exhibit P9 TRUE COPY OF INTERIM ORDER IN WA NO.807/2021 DATED 30.6.2021. Exhibit P10 TRUE COPY OF JUDGMENT IN WRIT APPEAL NO.925/2021 AND CONNECTED CASE DATED 27.9.2021. Exhibit P11 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.9231/2022 DATED 18.3.2022. Exhibit P12 TRUE COPY OF THE G.O.NO.758/2022/LSGD DATED 26.3.2022. RESPONDENTS’ EXHIBITS: NIL