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.66 OF 2019
AGAINST THE ORDER IN OA 588/2017 DATED 22-03-2018 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DRIECTOR OF AGRICUTURE.
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, 695 033.
3 THE PRINCIPAL AGRICULTURAL OFFICER,
KOTTAYAM, 686 002.
4 THE MISSION DIRECTOR,
STATE HORTICULTURE MISSION (SHM),
PALAYAM, TRIVANDURM, 695 034.
5 THE PRINCIPAL AGRICULTURAL OFFICER
KAKKANAD, CIVIL STATION, ERNAKULAM 682 030.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN OA:
1 HASANKOYA.M.
AGED 33 YEARS
S/O. MUHAMMED KUNJU,
DRIVER, STE HORTICULTURE MISSION (SHM), PRESENTLY
WORKING AT THE OFFICE OF THE DISTRICT HORTICULTURE
MISSION, PRINCIPAL AGRICULTURAL OFFICE, CIVIL STATION
,ALAPPUZHA 688 001,
RESIDENT OF THOTTUNGAL PURAYIDOM, ZACHARIA WORD,
ALAPPUZHA 688 012.
2 VINEETHA.G.,
OP(KAT).No.66 OF 2019 2
AGED 28 YEARS
W/O. DEEPAK.H.,
FIELD CONSULTANT, STATE HORTICULTURE MISSION (SHM),
PRESENTLY WORKING AT THE OFFICE OF THE DISTRICT
HORTICULTURE MISSION, PRINCIPAL, AGRICULTURAL
OFFICE, CIVIL STATION, ALAPPUZHA 688 001.
RESIDENT OF THACHILEZATHU HOUSE, OLATHALA,
PATTANAKKAD P.O.,
CHERTHALA, ALAPPUZHA , 688 531.
3 BABY.P.J.,
AGED 40 YEARS
S/O. JOHN,
FIELD ASSISTANT,
STATE HORTICULTURE MSISION (SHM), PRESENTLY WORKING
AT THE OFFICE OF THE DISTRICT HORTICULTURE MISSION
PRINCIPAL AGRICULTURAL OFFICE, KAKKANAD, CIVIL
STATION, ERNAKULAM 682 030,
RESIDENT OF PLAMKUDIYIL HOUSE, KOTHAMANGLAM P.O.,
ERNAKULAM 686 691.
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.66 OF 2019 3
ALEXANDER THOMAS & T.R.RAVI, JJ.
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OP(KAT). No. 66 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 17.09.2020 in (O.P.KAT) No.66 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.588/2017 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.66 OF 2019 4 APPENDIX OF OP(KAT) 66/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A. NO. 588/2017 ALONG WITH ANNEXURE A1 TO A3 BEFORE THE HONOURABALE KERALA ADMINISTRATIVE TRIBUNAL. ANNEXURE A1 TRUE COPY OF THE CIRCULAR NO.CA77/DA/2016 DATED 30.09.2016 ANNEXURE A2 TRUE COPY OF THE LETTER DATED 19.10.2016 ANNEXURE A3 TRUE COYP OF THE CIRCULAR NO.TV(3) 40979/16/ATMA DATED 18.12.2016 EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 30.3.2017.
EXHIBIT P3 A TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR CORRECTION OF THE ORIGINAL APPLICATION AND FINAL ORDER.
EXHIBIT P4 A TRUE COPY OF THE MISCELLNEOUS APPLICATION NO. 1862/2017 FOR DIRECTION AND FOR MARKING DOCUMENT ALONG WITH ANNEXURE MAI. ANNEUXRE MA1 A TRUE COPY OF THE LETTER DATED 21.06.2017 EXHIBIT P5 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE FIRST RESPONDENT IN THE ORIGINAL APPLICATION DATED 17.8.2017.
EXHIBIT P6 A TRUE COPY OF THE FINAL ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22.3.2018 IN THE AFORESAID ORIGINAL APPLICATION.