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.59 OF 2019
AGAINST THE ORDER IN OA 478/2017 OF KERALA ADMINISTRATIVE
TRIBUNAL, 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, THIRUVANANTHAPURM, PIN 695 033.
3 THE PRINCIPAL AGRICULTURAL OFFICER,
KOTTAYAM, PIN 686 002.
4 THE PRINCIPAL AGRICULTURAL OFFICER,
KOLLAM, PIN 691 013.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
PATHANAMTHITTA, PIN 689 645.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN OA:
1 RAHIM V.R,
AGED 29 YEARS
S/O. RASHEED V.A, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT THE
OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE,
ERATTUPETTA, KOTTAYAM-686 121, RESIDENT OF
VELLOPARAMBIL, POONJAR P.O KOTTAYAM, PIN 686 581.
2 MAHIMA PONNAPPAN,
AGED 31 YEARS
D/O. PONNAPPAN K.N, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP),
OP(KAT).No.59 OF 2019 2
PRESENTLY WORKING AT THE OFFICE OF THE ASSISTANT
DIRECTOR AGRICULTURE, PAMPADY, KOTTAYAM 686 502,
RESIDENT OF SREEJA BHAVAN, KUMARAKOM P.O, KOTTAYAM
PIN 686 563.
3 SREEJA MOL T.S,
AGED 38 YEARS
D/O. P.K SREEDHARAN, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, KADUTHURUTHY,KOTTAYAM 686 604,
RESIDIENT OF THURUTHIKKATTIL, KANAKKARY P.O,
KOTTAYAM, PIN 686 632.
4 NIMISHA KURIEN,
AGED 30 YEARS
D/O. KURIEN K.A, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, VAIKOM, KOTTAYAM 686 141, RESIDENT OF
KALLOOKKULAM (KUNNAPPALY), KUMRAKOM P.O, KOTTAYAM
PIN 686 141.
5 VIJAYALAKSHMI V,
AGED 39 YEARS
D/O. VIJAYAN, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, MADAPALLY, KOTTAYAM 686 548, RESIDENT
OF KAKKAMPARAMBIL, VELIYANADU P.O, MAMBUZHAKARY,
PRESENTLY RESIDING AT PADINJAREPARAMBIL, PERUNNA
P.O, CHANGANASSERY, KOTTAYAM, PIN 686 102.
6 PRAVEEN J.P,
AGED 36 YEARS
S/O. K.K PRASAD, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, ETTUMANOOR, KOTTAYAM 686 631
RESIDENT OF JAYANIVAS, KADUTHURUTHY P.O, PALAKARA,
KOTTAYAM, PIN 686 604.
7 SIRAJ M.B,
AGED 29 YEARS
S/O. BASHEER M.A,FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, UZHAVOOR, KOTTAYAM 686 633, RESIDENT
OF MANGALATHU HOUSE, MIDIYIKKUNNAM P.O,
THALAYOLAPARAMBU, KOTTAYAM PIN 686 605.
8 ABIJITH
AGED 26 B.C,
YEARS
S/O. BHASKARAN PILLAI, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
OP(KAT).No.59 OF 2019 3
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, CHADAYAMANGALAM BLOCK, KOLLAM 691 534,
RESIDENT OF CHARUVILA KIZHAKATHIL VEEDU, KOTTATHALA
P.O, KOTTARAKKARA, KOLLAM PIN 691 507.
9 ATHIRA P,
AGED 25 YEARS
W/O. NIJU V, FIELD ASSISTANT, VEGETABLE DEVELOPMENT
PROGRAMME (VDP), PRESENTLY WORKING AT THE OFFICE OF
THE ASSISTANT DIRECTOR OF AGRICULTURE, ANNCHAL
BLOCK, PUTHANVILA VEEDU, EDAMON P.O, VELLIMALA,
PUNALUR, KOLLAM PIN 691 307.
10 SHAMILA N,
AGED 37 YEARS
W/O. SHINUKHAN S, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, KONNY, RANNY, PATHANAMTHITTA 689 691,
RESIDENT OF DARULANAN, THONNALLOOR, PANDALAM,
PATHANAMTHITTA , PIN 689 501.
11 NASEEMA R,
AGED 41 YEARS
W/O. NAZAR S, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, ADOOR, THIRUVALLA, PATHANAMTHITTA 691
523, RESIDENT OF KOTTAVILA VEEDU, ENATHU P.O,
PATHANAMTHITTA, PIN 691 526.
12 SOUMYA SATHYAN,
AGED 29 YEARS
W/O. SANTHOSJHKUMAR P.V,FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, PANDALAM, PATHANAMTHITTA 689
501,RESIDENT OF PARACKAL HOUSE, VAYYATTUPUZHA P.O,
KULANGARAVALLY, CHITTOOR, PATHANAMTHITTA PIN 689
663.
13 BINDUKUMARI T.R,
AGED 39 YEARS
W/O. PRADEEPKUMAR S, FIELD ASSISTANT, VEGETABLE
DEVELOPMENT PROGRAMME (VDP), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, PULLAD, MALLAPPALLY, PATHANAMTHITTA
689531, RESDIENT OF PUTHUVEEDU HOUSE, MUTHOOR P.O,
THIRUVALLA, PATHANAMTHITTA, PIN 689 107.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWIN
OP(KAT).No.59 OF 2019 4
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
OP(KAT). No. 59 of 2019
=======================
Dated this the 07th day of January, 2021
JUDGMENT
The learned Senior Government Pleader has filed withdrawal memo dated 16.09.2020 in (O.P.KAT) No.59 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.478/2017 of the Kerala Administrative Tribunal, Trivandrum. The respondents are contract employees working under Vegetable Development 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.59 OF 2019 5 APPENDIX OF OP(KAT) 59/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A NO. 478/2017 ALONG WITH ANNEXURE A1 TO A10 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
ANNEXURE A1 TRUE COPY OF G.O.(RT) NO.1517/2012/AD DATED 25.07.2012.
ANNEXURE A2 TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND APPLICANT.
ANNEXURE A3 TRUE COPY OF THE ORDER NO.TB(3) 4424/14 DATED 16.09.2014.
ANNEXURE A4 TRUE COPY OF THE ORDER NO.TB(3) 2402/2018 DATED 21.04.2016.
ANNEXURE A5 TRUE COPY OF THE LETTER NO.VC 15155/13 DATED 29.03.2014.
ANNEXURE A6 TRUE COPY OF THE LETTER NO.VC 20740/15 DATED 22.03.2016.
ANNEXURE A7 TRUE COPY OF THE CIRCULAR NO.VC 48742/15 DATED 12.04.2016.
ANNEXURE A8 TRUE COPY OF THE CIRCULAR NO.77/DA/2016 DATED 30.09.2016.
ANNEXURE A9 TRUE COPY OF THE CIRCULAR NO.TV(3) 40979/16/ATMA DATED 18.12.2016.
ANNEXURE A10 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 20-03-2017.
EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 29-03-2017.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 02-06-2017 FOR DELETE THE RESPONDENTS.
EXHIBIT P5 A TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR DISBURSING THE SALARY OF THE RESPONDENTS.
EXHIBIT P6 A TRUE COPY OF THE REPLY STATEMENT FILED ON OP(KAT).No.59 OF 2019 6 BEHALF OF THE SECOND RESPONDENT IN THE ORIGINAL APPLICATION ALONG WITH ANNEXURE R2(A) ANNEXURE R2(a) A TRUE COPY OF THE AGREEMENT.
EXHIBIT P7 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 30-08-2017 & 22-09-2017 FOR DISBURSING THE SALARY OF THE RESPONDENTS.
EXHIBIT P8 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE FIRST RESPONDENT IN THE ORIGINAL APPLICATION EXHIBIT P9 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 27-09-2017 FOR DELETE THE APPLICANTS 9 & 10 IN THE ORIGINAL APPLICATION.
EXHIBIT P10 A TRUE COPY OF THE FINAL ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22-03-2018 IN THE AFORESAID ORIGINAL APPLICATION.