IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(KAT).No.443 OF 2018
AGAINST THE ORDER IN OA 489/2017 DATED 22-03-2018 OF KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF AGRICULTURE
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
3 THE PRINCIPAL AGRICULTURAL OFFICER
KOTTAYAM, PIN - 686 002.
4 THE PRINCIPAL AGRICULTURAL OFFICER
THIRUVANANTHAPURAM, PIN - 695 008.
5 THE ASSISTANT DIRECTOR OF AGRICULTURE
VARKALA, THIRUVANANTHAPURAM, PIN - 695 141.
6 THE ASSISTANT DIRECTOR OF AGRICULTURE
PWD REST HUSE, NEAR BOAT JETTY, KOTTAYAM, PIN - 686
001.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS:
1 JEMI JOSHIF
AGED 38 YEARS, W/O.JOSHIF.J.ARACKAL, DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN-AGRICULTURE
(NEGP-A, PRESENTLY WORKING OFFICE OF THE ASSISTANT
DIRECTOR OF AGRICULTURE, PAMPADY, KOTTAYAM, PIN - 686
502, RESIDENT OF ARACKAL PARAMBIL HOUSE, PULICKAL
KAVALA P.O., VAZHOOR, KOTTAYAM, PIN - 686 515.
OP(KAT).No.443 OF 2018 2
2 FATHIMA SHAHUL
AGED 28 YEARS, W/O.FASILUDEEN.P.S., DATA ENTRY
OPERATOR, NATIONAL E-GOVERNMENT PLAN-AGRICULTURE
(NEGP-A), PRESENTLY WORKING OFFICE OF THE ASSISTANT
DIRECTOR OF AGRICULTURE, ERATTUPETTA, KOTTAYAM, PIN
- 686 121, RESIDENT OF PUTHIYARAKKAL HOUSE,
NADACKAL P.O., ERATTUPETTA, KOTTAYAM, PIN - 686
121.
3 SUSAN.T.J.
AGED 40 YEARS, W/O.GIJO.V.ZACHARIAH, DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN-AGRICULTURE
(NEGP-A), PRESENTLY WORKING OFFICE OF THE ASSISTANT
DIRECTOR OF AGRICULTURE, KOTTAYAM, PIN - 686 001,
RESIDING OF NJARACKAL HOUSE, VELLOOR P.O., PAMPADY,
KOTTAYAM, PIN - 686 501.
4 ASHA VIJAYAN
AGED 37 YEARS, W/O.ANIL KUMAR.C., DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN-AGRICULTURE
(NEGP-A), PRESENTLY WORKING OFFICE OF THE ASSISTANT
DIRECTOR OF AGRICULTURE, UZHAVOOR BLOCK, KOTTAYAM,
PIN - 686 633, RESIDENT OF THENGUMTHAICKAL HOUSE,
KOZHA P.O., KOTTAYAM, PIN - 686 633.
5 SINIKUTTY.N.
AGED 39 YEARS, W/O.ANU.G.D., DATA ENTRY OPERATOR,
NATIONAL E-GOVERNANCE PLAN-AGRILCUTRE (NEGP-A),
PRESENTLY WORKING OFFICE OF THE PRINCIPAL
AGRICULTURAL OFFICE, KOTTAYAM, PIN - 686 002,
RESIDENT OF GEETHAMANDIRAM, SOUTH PAMPADY P.O.,
KOTTAYAM, PIN - 686 521.
6 JOLLY ZACHARIAS
AGED 45 YEARS, W/O.GEORGE JOSEPH, DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN -AGRICULTURE
(NEGP-A), PRESENTLY WORKING OFFICE OF THE ASSISTANT
DIRECTOR OF AGRICULTURE, KADUTHURUTY, KOTTAYAM, PIN
- 686604, RESIDENT OF VADAKKEVETTUVAZHIYIL,
POOZHIKOL. P.O., KADUTHURUTY, KOTTAYAM, PIN - 686
604.
7 SURYA SOMAN.V.
AGED 36 YEARS, W/O.JAIMON.M.G., DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN-AGRICULTURE
(NEGP-A), PRESENTLY WORKING OFFICE OF THE ASSISTANT
DIRECTOR OF AGRICULTURE, PALA, KOTTAYAM, PIN - 686
575, RESIDENT OF MULLAMKUZHIYIL, THIRUMARADY P.O.,
KOOTHATTUKULAM, KOTTAYAM, PIN - 686 662.
8 SUJITH.P.H.
AGED 29 YEARS, S/O.P.G.HARIDAS, DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN-AGRICULTURE
(NEGP-A), PRESENTLY WORKING AT OFFICE OF THE
OP(KAT).No.443 OF 2018 3
ASSISTANT DIRECTOR OF AGRICULTURE, VAZHOOR,
KOTTAYAM, PIN - 686 541, RESIDENT OF PUTHIYEDATHU
HOUSE, KANGAZHA P.O., PATHANADU, KOTTAYAM, PIN -
686 51.
9 LATHA DAS.H.
AGED 38 YEARS, W/O.KAVI RAJAN.A., DATA ENTRY
OPERATOR, NATIONAL E-GOVERNANCE PLAN-AGRICULTURAL
(NEGP-A), PRESENTLY WORKING AT OFFICE OF THE
ASSISTANT DIRECTOR OF AGRICULTURE, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 141, RESIDENT OF HARI
BHAVAN, PULLANNICODE P.O., EDAVA, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 311.
R9 BY ADV. SRI.M.FATHAHUDEEN
R9 BY ADV. SRI.JELSON J.EDAMPADAM
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No.443 OF 2018 4
ALEXANDER THOMAS & T.R.RAVI, JJ.
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OP(KAT)No.443 of2018
=======================
Dated this the 07th day of January, 2021
JUDGMENT
The learned Senior Government Pleader has filed withdrawal memo dated 17.09.2020 in (O.P.KAT) No.443 of 2018 which reads as follows:
"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.489/2017 of the Kerala Administrative Tribunal, Trivandrum. The respondents are contract employees working under the National e-Governance Plan-Agriculture (NeGP-A) Scheme in the Agricultural Department. However the Tribunal has directed the petitioners to formulate guidelines for the retention of the respondents by assessing their performance. Challenging the said direction the above O.P.(KAT) is filed. Now by communication No.AGRIL-PB- 1/170/17- AGRL dated 10.03.2020 the Principal Secretary to Government has directed the Government Pleader to withdraw the said O.P. (KAT) as the respondents are continuing for several years and hence decided to implement the final order of the Tribunal. In the above circumstances it is prayed that this Honourable Court may be pleased to dismiss the above O.P)KAT) as withdrawn."
In the light of above said submissions made by the learned Government Pleader, it is ordered that the above said O.P.(KAT) will stand dismissed as withdrawn.
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
T.R.RAVI JUDGE VPK OP(KAT).No.443 OF 2018 5 APPENDIX OF OP(KAT) 443/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A.NO.489/2017 ALONG WITH ANNEXURE A1 TO A5 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
ANNEXURE A1 TRUE COPY OF CIRCULAR NO.IT.30993/2010 DATED 07.12.2013.
ANNEXURE A2 TRUE COPY OF CIRCULAR NO.CA 77/DA/2016 DATED 30.09.2016.
ANNEXURE A3 TRUE COPY OF THE CIRCULAR NO.TV(3)40979/16/ATMA DATED 18.12.2016.
ANNEXURE A4 TRUE COPY OF THE LETTER NO.IT.25046/2015 DATED 23.02.2017.
ANNEXURE A5 TRUE COPY OF THE INTERIM ORDER DATED 03.03.2017 IN O.A.NO.404/2017.
EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 21/03/2017.
EXHIBIT P3 A TRUE COPY OF THE FINAL COMMON ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22/03/2018 IN THE AFORESAID ORIGINAL APPLICATION.