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.49 OF 2019
AGAINST THE ORDER IN OA 769/2017 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 695 001.
2 THE DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN 695 033.
3 THE MISSION DIRECTOR,
STATE HORTICULTURE MISSION, VANROSS, PALAYAM,
THIRUVANANTHAPURAM PIN 695 034.
4 THE PRINCIPAL AGRICULTURAL OFFICER,
WAYANAD, PIN 673 122.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
KASARGODE, PIN 671 123.
6 THE PRINCIPAL AGRICULTURAL OFFICER,
MALAPPURAM, PIN 676 505.
7 THE PRINCIPAL AGRICULTURAL OFFICER,
PALAKKAD, PIN 678 001.
8 THE PRINCIPAL AGRICULTURAL OFFICER,
KOLLAM, PIN 691 013.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN OA:
1 JYOTHI.T.R.
AGED 31 YEARS
OP(KAT).No.49 OF 2019
2
D/O. RAVEENDRAN T,FIELD ASSISTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICE,
AMMUS COMPLEX, KALPETTA, WAYANAD, PIN 673 121.
RESIDING AT THACHAMVALLI HOUSE, AMBALAVAYAL P.O,
AYIRAMKOLLI, WAYANAD, PIN 673 593.
2 ASWATHY BALAKRISHNAN,
AGED 24 YEARS
D/O. BALAKRISHNAN, FILED CONSULTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE OFFICE OF THE PRINCIPAL AGRICLURAL OFFICE,
AMMUS COMPLEX, KALPETTA, WAYANAD, MANATHAVADY,
WAYANAD, PIN 673 121. RESIDENT OF SOPANAM HOUSE,
VALERI P.O, MANANTHAVADY WAYANAD, PIN 670 645
3 SHAMA,
AGED 26 YEARS
D/O. ALTHAF M.G, FIELD CONSULTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE OFFICE OF THE PRINCIPAL AGRICULTURE OFFICE,
VIDYANAGAR, CIVIL STATION, KASARAGODE, PIN 671 121,
RESIDENT OF KULAMGARA HOUSE, PAROPPADI P.O,
MARYKUNNU, KOZHIKODE, PIN 673 012.
4 VINEESHA K,
AGED 28 YEARS
W/O. SREEJITH, FILED ASSISTANT, STATE HORTICULTURE
MISSION (SHM), PRESENTLY WORKING AT THE OFFICE OF
ASSISTANT DIRECTOR OF AGRICULTURE, KONODOTTY AND
KALIKAVU BLOCK,MALAPPURAM.PIN 673 638, RESIDENT OF
PERUMBALATH HOUSE, POTTIKKALLU, KAVALAMUKKATTA P.O,
MALAPPURAM PIN 679 332.
5 CHITRA K.,
AGED 28 YEARS
W/O. VIJEESH, FIELD ASSISTANT, STATE HORTICULTURE
AGRICULTURE, PONMUNDAM AND PARAPPANANGADI,
MALAPPURAM, PIN 676 302, RESIDENT OF KALARIKKAL
HOUSE, CHAKKALAKUTH, NILAMBUR P.O, MALAPPURAM, PIN
679 329.
6 ISNA KARIMBAN,
AGED 28 YEARS
W/O. ANAS, FIELD CONSULTANT, STATE HORTICULTURE
MISSION (SHM), PRESENTLY WORKING AT THE PRINCIPAL
AGRICULTURE OFFICE, MALAPPURAM, PIN 676 505.
RESIDENT OF CHAKKUNGAL HOUSE, ANDIYOORKUNNU P.O,
PULIKKAL VIA, MALAPPURAM, PIN 673 637.
7 KRISHNA DAS S,
AGED 29 YEARS
S/O. SHANMUGHAN, FIELD ASSISTANT, STATE
OP(KAT).No.49 OF 2019
3
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, THRITHALA AND SHORNNUR, PALAKKAD, PIN
679 534, RESIDENT OF 8/183, USHA NIVAS,
VADAKKATHARA, CHITTUR P.O, PALAKKAD, PIN 678 101.
8 SHEENA M,
AGED 31 YEARS
FIELD ASSISTANT, STATE HORTICULTURE MISSION (SHM),
PRESENTLY WORKING AT THE OFFICE OF ASSISTANT
DIRECTOR OF AGRICULTURE, SREEKRISHNAPURAM, PALAKKAD
PIN 679 513, RESIDENT OF MANKKAD HOUSE, PERUVEMBU
P.O, PALAKKAD, PIN 678 531.
9 SUHASINI V,
AGED 34 YEARS
W/O. SIDHARTHAN R, FIELD ASSISTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, MANNARKKAD, PALAKKAD, PIN 678 582,
RESIDENT OF PUZHAKKAL HOUSE, KANNADI P.O, PALAKKAD,
PIN 678 701.
10 SRI.VINU VIJAYAN,
AGED 28 YEARS
S/O. VIJAYAN D, FIELD CONSTULTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE PRINCIPAL AGRICULTURAL OFFICE, KOLLAM, PIN 691
001, RESIDENT OF KITHAVILAYIL HOUSE, PAYIPAD P.O,
HARIPAD, ALAPPUZHA, PIN 690 514.
R1, R4-9 BY ADV. SRI.M.FATHAHUDEEN
R1, R4-9 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.49 OF 2019
4
ALEXANDER THOMAS & T.R.RAVI, JJ.
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OP(KAT). No. 49 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.49 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.769/2017 of the Kerala Administrative Tribunal, Trivandrum. The respondents are contract employees working under the State Horticulture Mission 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.49 OF 2019 5 APPENDIX OF OP(KAT) 49/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A NO. 769/2017 ALONG WITH ANNEXURE A1 TO A4 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL WITH MISC. APPLICATION.
ANNEXURE A1 TRUE COPY OF PROCEEDINGS OF STATE HORTICULTURE MISSION DIRECTOR DATED 10.07.2014, POSTING THE 1ST APPLICANT.
ANNEXURE A1(a) TRUE COPY OF PROCEEDINGS NO.56/SHM/10 DATED 09.12.2014, POSTING THE APPLICANTS 2 AND 3.
ANNEXURE A1(b) TRUE COPY OF ORDER NO.TB(1) 839/2012 DATED 25.02.2013 AND DATED 29.05.2014 OF THE DEPUTY DIRECTOR OF AGRICULTURE, MALAPPURAM POSTING THE 1ST APPLICANTS 4 AND 5.
ANNEXURE A1(c) TRUE COPY OF ORDER NO.56/SHM/2010 DATED 13.11.2013, POSTING THE 6TH APPLICANT.
ANNEXURE A1(d) TRUE COPY ORDER NO.T.A.(7) 1100/09 DATED 15.02.2013 OF THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD POSTING THE APPLICANTS 7 AND 9.
ANNEXURE A1(e) TRUE COPY OF THE ORDER NO.T.A.(7) 1100/09 DATED 28.01.2013 OF THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD POSTING THE 8TH APPLICANT.
ANNEXURE A1(f) TRUE COPY OF THE ORDER NO.SHM 6173/120 DATED NIL OF THE PRINCIPAL AGRICULTURAL OFFICER, IDUKKI POSTING THE 10TH APPLICANT.
ANNEXURE A2 TRUE COPY OF THE CIRCULAR NO.AGRI-
PB1/46/2016/AGRI DATED 06.02.2017.
ANNEXURE A3 TRUE COPY OF THE CIRCULAR NO.56/SHM/10/VOL II DATED 31.03.2017.
ANNEXURE A4 TRUE COPY OF INTERIM ORDER DATED 04.04.2017 IN O.A.NO.505/2017.
ANNEXURE A4(a) TRUE COPY OF INTERIM ORDER DATED 30.03.2017 IN O.A.NO.588/2017.
ANNEXURE 4(b) TRUE COPY OF THE INTERIM ORDER DATED 10.04.2017 IN O.A.NO.670/2017 WITH MISC. APPLICATION.
OP(KAT).No.49 OF 2019 6 EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 26-04-2017.
EXHIBIT P3 A TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR DIRECTION AND FOR MARKING THE DOCUMENT ALONG WITH ANNEXURE MA1 ANNEXURE MA1 A TRUE COPY OF THE LETTER DATED 21.06.2017.
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 29-06-2017 EXHIBIT P5 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE FIRST RESPONDENT IN THE ORIGINAL APPLICATION.
EXHIBIT P6 A TRUE COPY OF THE FINAL ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22-03-2018 IN THE AFORESAID ORIGINAL APPLICATION.