Kerala High Court
State Of Kerala vs State Of Kerala on 7 January, 2021
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.65 OF 2019
AGAINST THE ORDER DATED 22.03.2018 IN OA 477/2017 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033.
3 THE PRINCIPAL AGRICULTURAL OFFICER,
KOTTAYAM-686002.
4 THE PRINCIPAL AGRICULTURAL OFFICER,
THRISSUR-682030.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
KASARAGODE-671123.
6 THE PRINCIPAL AGRICULTURAL OFFICER,
KOZHIKODE-673020.
7 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY, CIVIL
STATION, KOTTAYAM-686001.
8 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY, MANNUTHI,
THRISSUR-680001.
9 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY,
KASARAGODE-671123.
10 THE PROJECT DIRECTOR,
OP(KAT).No.65 OF 2019 2
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY, VEGERI,
KOZHIKODE-673010.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN OA:
1 SASIKALA S. V.,
AGED 33 YEARS
W/O REJIMON P.V., CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN, MEENACHIL,
PALA BLOCK, KOTTAYAM-686578, RESIDING OF
POIKAPARAMBIL PATHAMUTTOM P.O., KURICHY, KOTTAYAM-
686532.
2 SHEEJAMOL V.S.,
AGED 32 YEARS
W/O RAJESH V.P., CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN,
KURAVILANGAD, UZHAVOOR BLOCK, KOTTAYAM-686633,
RESIDENT OF VELIKKAKATHU CHIRA HOUSE, CHENGALAM
S.P.O., KOTTAYAM-686022.
3 MUHAMMED NAZEEB V.M.,
AGED 28 YEARS
S/O MUHAMMED ASHARAF V.K., CROP HEALTH MANAGEMENT,
FILED ASSISTANT (PEST SCOUT), KRISHI BHAVAN,
POONJAR SOUTH, ERATTUPETTA BLOCK, KOTTAYAM-686581
RESIDENT OF VELAMTHOTTIL HOUSE, ERATTUPETTA,
KOTTAYAM-686121.
4 MINU KURUVILA,
AGED 24 YEARS
D/O KURUVILA MATHEW, CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN, VELLAVOOR,
VAZHOOR BLOCK, KOTTAYAM-686541, RESIDENT OF
PATHALIL HOUSE, PAZHAYIDOM P.O., KANJIRAPPALLY,
KOTTAYAM-686520.
5 LINI C.F.,
AGED 37 YEARS
W/O ANSON C.A., CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN, CHERUPU,
VALLACHIRA, (CHERUPU BLOCK) PALLISSERY, THRISSUR-
680561, RESIDENT OF CHITTALAPPILLY HOUSE, SOUTH
MUNAYAM, CHIYYARAM P.O., THRISSUR-680026.
6 BINDHU T.K.,
AGED 37 YEARS
W/O RAJAGOPAL T.K., CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN,
PORATHISSERY, PARAPPUKARA (IRINJALAKKUDA BLOCK),
THRISSUR-680121, RESIDENT OF THEVARU PARAMBIL
HOUSE, AMBHAZHAKKADU, PALAYAMPRAMBU P.O., THRISSUR-
OP(KAT).No.65 OF 2019 3
680741.
7 REKHA SANTOSH,
AGED 39 YEARS
W/O SANTHOSH KUMAR, CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN,
VELLANGALLUR, VELOOKARA (VELLANGALLUR BLOCK),
THRISSUR-680622, RESIDENT OF VATTAPRAMBIL HOUSE,
PULLOOT P.O., NAIKULAM KODUNGALLUR, THRISSUR-
680663.
8 SAYANA C.S.,
AGED 24 YEARS
D/O SIVAN C.A., CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN, THALIKKULAM,
VALAPPAD (TAHLIKULAM BLOCK), THRISSUR-680685
RESIDENT OF CHARIYIL HOUSE, NADAVARAMBU P.O.,
IRINJALAKKUDA THRISSUR-680732.
9 SHERIN MICHAEL
AGED 34 YEARS
D/O MICHAEL, CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), KRISHI BHAVAN, ERIYAD,
EDAVINLANGU (MATHILAKAM BLOCK), THRISSUR-680685
RESIDENT OF PULIPARAMBIL HOUSE, MALAPALLIPURAM
P.O., THRISSUR-680732.
10 SHIJU K.V.,
AGED 27 YEARS
S/O LATE SREEDHARAN T.P., CROP HEALTH MANAGEMENT,
FILED ASSISTANT (PEST SCOUT), ASSISTANT DIRECTOR OF
AGRICULTURE OFFICE, PARAPPA, KASARAGODE-671533,
RESIDENT OF K.V. HOUSE, EDATTUMMAL, THRIKKARIPUR
P.O., KASARAGODE-671310.
11 JAYAN B.N.,
AGED 30 YEARS
S/O LATE NARAYANAN, CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), ASSISTANT DIRECTOR OF
AGRICULTURE OFFICE, KASARAGODE-671121, RESIDENT OF
MENIKKOT HOUSE, UPPILIKKAI P.O., NILESHWAR VIA.,
KASARAGODE-671314.
12 USHAKUMARI A.,
AGED 39 YEARS
W/O VENUGOPAL P.,CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), ASSISTANT DIRECTOR OF
AGRICULTURE OFFICE, KARADKA, KASARAGODE, 671543,
RESIDENT OF CHERIVEEDU, PULIKKAL, MADIKAI P.O.,
NILESWAR VIA, KASARAGODE-671314.
13 PRANAV KUMAR V.K.,
AGED 25 YEARS
S/O T.K. KUMARAN, CROP HEALTH MANAGEMENT, FILED
OP(KAT).No.65 OF 2019 4
ASSISTANT (PEST SCOUT), ASSISTANT DIRECTOR OF
AGRICULTURE OFFICE, MANJESWAR, KASARGODE-671323,
RESIDENT OF PRANAVAM HOUSE, VALIYAPARAMBA,
VALIYAPARAMBA P.O., KASARAGOD-671312.
14 ASWATHI K.K.,
AGED 24 YEARS
W/O AJITH S. NAIR, CROP HEALTH MANAGEMENT, FILED
ASSISTANT (PEST SCOUT), ASSISTANT DIRECTOR OF
AGRICULTURE OFFICE, THODUNNUR, KOZHIKODE-673541,
RESIDENT OF PERACHANTHODUKAYIL HOUSE, KEDAVOOR,
THAMARASSERY P.O, KOZHIKODE-673573.
15 GOPIKRISHNAN E.,
AGED 27 YEARS
S/O M. CHATHUKUTTY NAIR, CROP HEALTH MANAGEMENT,
DISTRICT PLANT HEALTH MANAGER (DPHM), PRINCIPAL
AGRICULTURAL OFFICE, KASARAGODE-671123, RESIDENT OF
PANNAPALAM HOUSE, KARADKA P.O., MULLERIA VIA,
KASARAGODE-671542.
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.65 OF 2019 5
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
OP(KAT). No. 65 of 2019
=======================
Dated this the 07th day of January, 2021
JUDGMENT
The learned Senior Government Pleader has filed withdrawal memo
dated 14.09.2020 in (O.P.KAT) No.65 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order
dated 22.03.2018 in O.A.No.477/2017 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
APPENDIX OF OP(KAT) 65/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A.477/2017 ALONG WITH
ANNEXURE A1 TO A5 BEFORE THE HONOURABLE
KERALA ADMINISTRATIVE TRIBUNAL
ANNEXURE A1 TRUE COPY OF CIRCULAR NO. TD(1) 42860/13
DATED 05.10.2013.
ANNEXURE A2 TRUE COPY OF THE AGREEMENT.
ANNEXURE A3 TRUE COPY OF THE CIRCULAR NO. 77/DA/2016
DATED 30.09.2016.
ANNEXURE A4 TRUE COPY OF THE CIRCULAR NO. TV93 40979/16
/ATMA DATED 18.12.2016.
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 20.3.2017
EXHIBIT P3 A TRUE COPY OF THE MISCELLANEOUS
APPLICATION FOR DELETING THE 1ST 2ND AND
7TH APPLICANTS IN THE ORIGINAL APPLICATION
EXHIBIT P4 A TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE SECOND RESPONDENT IN THE
ORIGINAL APPLICATION, ALONG WITH ANNEXURE
R2(A) AND ANNEXURE R2(B)
ANNEXURE R2(A) A TRUE COPY OF THE NOTE NO. 2661/EXP
A1/15/FIN. DATED 04.02.2016.
ANNEXURE R2(B) A TRUE COPY OF THE G.O(P) NO. 28/2016/FIN.
DATED 26.02.2016.
EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER DATED
30.8.2017 FOR DELETING THE 1ST, 2ND AND 7TH
APPLICANTS IN THE ORIGINAL APPLICATION
EXHIBIT P6 A TRUE COPY OF THE MISCELLANEOUS
APPLICATION FOR DIRECTION AND MARKING
DOCUMENTS ALONG WITH ANNEXURES MA 1 TO MA 3
ANNEXURE MA1 A TRUE COPY OF THE ORDER NO. ATMA 21/14
DATED 23.10.2014 OF THE 7TH RESPONDENT,
PROJECT DIRECTOR, ATMA, KOTTAYAM.
ANNEXURE MA2 A TRUE COPY OF THE LEAVE APPLICATION OF THE
MISCELLANEOUS APPLICANT.
ANNEXURE MA2(A) A TRUE COPY OF THE COVERING LETTER DATED
26.08.2017.
ANNEXURE MA3 A TRUE COPY OF THE DISCHARGE CARD ISSUED
FROM MEDICAL COLLEGE HOSPITAL, KOTTAYAM.
EXHIBIT P7 A TRUE COPY OF THE FINAL ORDER OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
DATED 22.3.20189 IN THE AFORESAID ORIGINAL
APPLICATION
