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.56 OF 2019
AGAINST THE ORDER IN OA 488/2017 DATED 22-03-2018 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-695001.
2 THE DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN-695033.
3 THE PRINCIPAL AGRICULTURAL OFFICER,
MALAPPURAM, PIN-676505.
4 THE PRINCIPAL AGRICULTURAL OFFICER,
ALAPPUZHA, PIN-688001.
5 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY (ATMA),
CIVIL STATION, MALAPPURAM, PIN-676509.
6 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY (ATMA),
CIVIL STATION, ALAPPUZHA, PIN-688001.
7 THE SENIOR AGRICULTURAL OFFICER,
COCONUT NURSERY, PARAPPANANGADY, NEDUVA.P.O.,
MALAPPURAM, PIN-676303.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN O.A.:
1 SHABANA ASMIN N.P.,
AGED 27 YEARS, D/O.ABDUL RAZAK, DISTRICT PLANT HEALTH
MANAGER, CROP HEALTH MANAGEMENT SCHEME, PRINCIPAL
AGRICULTURAL OFFICE, MALAPPURAM, PIN-676505, RESIDING
OP(KAT).No.56 OF 2019 2
AT NARIPPATTA HOUSE, THOTTINTAKKARA, MAMAPAD,
MALAPPURAM, PIN-676542.
2 MUHAMMED NAUFAL U K.,
AGED 27 YEARS, S/O.HASSAINAR U K., AGRICULTURAL
OFFICER, PARASITE BREEDING STATION, COCONUT
NURSERY, PARAPPANANAGADI, CROP HEALTH MANAGEMENT
SCHEME, MALAPPURAM, PIN-676542, RESIDING AT
URUPPAKEEDAN HOUSE, AMARAMBALAM.P.O., NILAMBUR VIA,
MALAPPURAM, PIN-679332.
3 BIDHUN DEV.A.,
AGED 27 YEARS, S/O.VASUDEVAN, AGRICULTURAL OFFICER,
PARASITE BREEDING STATION, CROP HEALTH MANAGEMENT
SCHEME, ALAPPUZHA, PIN-688012, RESIDING AT
ALANGADAN HOUSE, KAPPILP.O., WANDOOR, MALAPPURAM,
PIN-676542.
4 SINITHA T.,
AGED 33 YEARS, D/O.KUTTAPPAN, CONTRACT LABOUR,
PARASITE BREEDING STATION, COCONUT NURSERY, CROP
HEALTH MANAGEMENT SCHEME, MALAPPURAM,
PARAPPANANAGADI, PIN-676542, RESIDING AT SANGEETH
BHAVAN, KOTTATHARA, NEDUVA.P.O., PARAPPANANAGADI,
PIN-676542, RESIDING AT SANGEETH BHAVAN,
KOTTATHARA, NEDUVA.P.O., PARAPPANANAGADI,
MALAPPURAM, PIN-676303.
5 PARVATHY,
AGED 27 YEARS, D/O.JAYAKUMAR, PEST SCOUT, PONMUNDAM
BLOCK, PIN-676106, RESIDING AT AMBADIVALAPPIL,
THEKKAN KUTTOOR, THALAKKAD, MALAPPURAM, PIN-676551.
6 BIJU P.,
AGED 40 YEARS, S/O.N.K.BALAN MENON, PEST SCOUT,
KALIKAVU BLOCK, MALAPPURAM DISTRICT, PIN-676542,
RESIDING AT RUGMINI NIVAS HOSPITAL, NILAMBUR, PIN-
679330.
7 VAISAK K.,
AGED 24 YEARS, S/O.VIJAYARAGHAVAN.K., PEST SCOUT,
NILAMBUR BLOCK, MALAPPURAM DISTRICT, PIN-679330,
RESIDING AT KODAKKADAN HOUSE, RAMANKUTHU.P.O.,
NILAMBUR, PIN-670330.
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.56 OF 2019 3
ALEXANDER THOMAS & T.R.RAVI, JJ.
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OP(KAT). No. 56 of 2019
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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.56 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.488/2017 of the Kerala Administrative Tribunal, Trivandrum. The respondents are contract employees working under the Crop Health Management 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.56 OF 2019 4 APPENDIX OF OP(KAT) 56/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A.NO.488/2017 ALONG WITH ANNEXURE A1 TO A5 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL. ANNEXURE A1 TRUE COPY OF ORDER NO.TD(1)42860/13 DATED 29.01.2014 ISSUED BY THE 2ND RESPONDENT ANNEUXRE A2(A) A TRUE COPY OF THE ORDER NO.TA(1)7582/2013 DATED 29.01.2014 ISSUED BY THE 3RD RESPONDENT ANNEXURE A2(B) A TRUE COPY OF THE ORDER NO.TA.(1)2612/2014 DATED 29.09.2014 ISSUED BY THE 3RD RESPONDENT A TRUE COPY OF THE ORDER NO.CNP 13/1314/05 ANNEXURE A2(C) DATED 04.02.2014 ISSUED BY THE 7TH RESPONDENT ANNEXURE A3 A TRUE COPY OF THE FORMAT OF THE AGREEMENT EXECUTED BY THE APPLICANTS ANNEXURE A4 NO.CA77/DA/2016 DATED 30.09.2016 ISSUED BY THE 2ND RESPONDENT ANNEXURE A5 A TRUE COPY OF THE TV(3)40979/16/ATMA DATED 18.12.2016 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 20.3.2017.
AT TRUE COPY OF THE GONO.2661/EXPA1/15/FIN ANNEXURE R2(A) DATED 04.02.2016 ANNEXURE R2(B) A TRUE OF THE GO(P)NO.28/2016/FIN DATED 26.02.2016 EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE SECOND RESPONDENT IN THE ORIGINAL APPLICATION, ALONG WITH ANNEXURES R2(A) AND R2(B).
EXHIBIT P4 A TRUE COPY OF THE FINAL ORDER IN OA NO.488/2017 OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22.2.2018 IN THE AFORESAID ORIGINAL APPLICATION.