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.149 OF 2019
AGAINST THE ORDER IN OA 670/2017 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 ASSISTANT DIRECTOR OF AGRICULTURE
MINI CIVIL STATION, IDUKKI, PIN - 685 584
5 THE ASSISTANT DIRECTOR OF AGRICULTURE
PATHANAMTHITTA, PIN - 689 691
6 THE ASSISTANT DIRECTOR OF AGRICULTURE
KOTTAYAM, PIN - 686 001
7 THE ASSISTANT DIRECTOR OF AGRICULTURE
KOZHIKODE, PIN - 673 616
8 THE PRINCIPAL AGRICULTURE OFFICER
IDUKKI, PIN - 685 608
9 THE PRINCIPAL AGRICULTURE OFFICER
PATHANAMTHITTA, PIN - 683 101
10 THE PRINCIPAL AGRICULTURE OFFICER
KOTTAYAM, PIN - 686 002
OP(KAT).No.149 OF 2019 2
11 THE PRINCIPAL AGRICULTURE OFFICER
KOZHIKODE, PIN - 673 020
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN OA.:
1 DARWIN ANTONY
AGED 41 YEARS
S/O. ANTONY, FIELD ASSISTANT, STATE HORTICULTURE
MISSION (SHM), PRESENTLY WORKING AT THE OFFICE OF
THE ASSISTANT DIRECTOR OF AGRICULTURE, NEDUMKANDAM
AND KATTAPANA, IDUKKI - 685 508. RESIDENT OF
RATHAPPILLIL HOUSE, RAJAKKAD P.O., IDUKKI, PIN -
685 566
2 LEENA REJI
AGED 33 YEARS
W/O. REJI, FIELD ASSISTANT, STATE HORTICULTURE
MISSION (SHM), PRESENTLY WORKING AT THE OFFICE OF
THE ASSISTANT DIRECTOR OF AGRICULTURE, ELANTHOOR
AND KONNI, PATHANAMTHITTA - 689 691, RESIDENT OF
REJI NIVAS, KAKKODU P.O. AKKARAKONAM, PUNALUR,
KOLLAM, PIN - 691 331
3 ARYA GOPAL
AGED 31 YEARS
W/O. VINEETH KUMAR T, FIELD ASSISTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
THE OFFICE OF THE ASSISTANT DIRECTOR OF
AGRICULTURE, KOTTAYAM AND KADUTHURUTHY, KOTTAYAM -
686 604, RESIDENT OF PATTACHAPRAMPIL HOUSE, MANJOOR
P.O., KOTTAYAM, PIN - 686 603
4 AMBILY V.A
W/O. SHIBU K.R, FIELD ASSISTANT, STATE HORTICULTURE
MISSION (SHM), PRESENTLY WORKING AT THE OFFICE OF
THE ASSISTANT DIRECTOR OF AGRICULTURE, ETTUMANOOR
AND UZHAVOOR, KOTTAYAM - 686 631, RESIDENT OF
KALLAMTHOTTATHIL HOUSE, VADAKKENIRAPPU P.O.,
KOTTAYAM, PIN - 686 612.
5 DHANYA.C. NARAYANAN
AGED 30 YEARS
W/O. JINEESH K.P., FIELD ASSISTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
PRINCIPAL AGRICULTURE OFFICE, KOYILANDY AND
PERAMBRA BLOCK, KOZHIKODE - 673 020, RESIDENT OF
PUTHUKUDITHARAMMAL HOUSE, ERAVATTUR P.O., PERUMBRA,
KOZHIKODE, PIN - 673 525
6 SMITHA.K.M
AGED 38 YEARS
W/O. SASI KUMAR.K, FIELD ASSISTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
OP(KAT).No.149 OF 2019 3
PRINCIPAL AGRICULTURE OFFICE, VADAKARA - BALUSSERY
BLOCK, KOZHIKODE - 673 020, RESIDENT OF
KARIMBARAKKAL HOUSE, THEKKEYKUTTY NILAM, KOLATHARA
P.O., KUNDAITHODE, KOZHIKODE, PIN - 673 655
7 NITHYA K
AGED 34 YEARS
W/O. BINOY, CH, FIELD ASSISTANT, STATE HORTICULTURE
MISSION(SHM), PRESENTLY WORKING AT PRINCIPAL
AGRICULTURE OFFICE, THIKKDI AND THODANNUR BLOCK,
KOZHIKODE - 673 020, RESIDENT OF GOKULAM
(CHATHUTHIL) HOUSE, KILUR P.O., PAYYOLI (VIA),
KOZHIKODE, PIN - 673 522
8 RANJANA KV
AGED 29 YEARS
W/O. SANDEEP N, FIELD CONSULTANT, STATE
HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT
PRINCIPAL AGRICULTURE OFFICE, KOZHIKODE - 673 020,
RESIDENT OF SREEPURAM HOUSE, KURUVATTOOR, KAKKODI
(VIA), KOZHIKODE, PIN - 673 611
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.149 OF 2019 4
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
OP(KAT). No.149 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.149 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order
dated 22.03.2018 in O.A.No670/2017 of the Kerala
Administrative Tribunal, Trivandrum. The respondents are
contract employees working under 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
APPENDIX OF OP(KAT) 149/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A NO.670/2017 ALONG
WITH ANNEXURE A1 TO A3 BEFORE THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
EXHIBIT P1 A1 TRUE COPY OF THE ORDER NO.SHM 1062/13 DATED
21.05.2013
EXHIBIT P1 A1 (A) TRUE COPY OF THE PROCEEDINGS OF THE
PRINCIPAL AGRICULTURE OFFICER, KOTTAYAM
EXHIBIT P1 A2 TRUE COPY OF THE LETTER NO.AGRI-
PB1/46/2016/AGRI DATED 06.02.2017
EXHIBIT P1 A3 TRUE COPY OF THE LETTER NO.56/SHM/10 VOL.II
DATED 31.03.2017
EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
DATED 10.04.2017
EXHIBIT P3 A TRUE COPY OF THE MISCELLANEOUS
APPLICATION NO. 1863/2017 FOR DIRECTION AND
FOR MARKING DOCUMENT ALONG WITH ANNEXURE
MA1
EXHIBIT P3 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
