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.78 OF 2019
AGAINST THE ORDER IN OA 605/2017 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 DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM 695 033.
3 THE ASSISTANT DIRECTOR OF AGRICULTURE,
ALAPPUZHA 688 001.
4 THE PRINCIPAL AGRICULTURAL OFFICER,
ALAPPUZHA, 688 001.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN O.A:
1 LINDA STEPHEN
AGED 33 YEARS
/O. SINEESH VARGHESE, FIELD ASSISTANT/FACILITATOR
VEGETABLE DEVELOPMENT PROGRAMME (VDP),
PRESENTLY WORKING AT THE OFFICE OF THE ASSISTANT
DIRECTOR AGRICULTURE KUTHIATHOD AND CHAMPAKULAM BLOCK
ALAPPUZHA 688 533. RESIDENT OF PERAIPALLU HOUSE,
POONTHOPPU WARD, AVALUKUNNU P.O.,ALAPPUZHA 688 006.
2 GIRIJA K KUMARI B.,
AGED 39 YEARS
W/O. R. RAI,
FIELD ASSISTANT/FACILITATOR VEGETABLE DEVELOPMENT
PROGRAMME (VDP),
PRESENTLY WORKING AT THE OFFICE OF THE ASSISTANT
OP(KAT).No.78 OF 2019 2
DIRECTOR AGRICULTURE HARIPAD AND KAYAMKULAM,
RESIDENT OF PUTHENPURAYIL HOUSE, MAHADEVIKADU P.O.,
KAITHIKAPPALLI, ALAPPUZHA, 690 555.
3 SREELAKSHMI.V.,
AGED 29 YEARS
W/O. ABHILAKSH.M.,
FIELD ASSISTANT/FACILITATOR VEGETABLE DEVELOPMENT
PROGRAMME (VDP),
PRESENTLY WORKING AT THE OFFICE OF THE ASSISTANT
DIRECTOR AGRICULTURE AMBALAPPUZHA AND MAVELIKKARA,
ALAPPUZA 690 103,
RESIDENT OF SREEJA NIVAS, MUTTOM P.O.,
HARIPAD, ALAPPUZHA 690 511.
4 PRASEEDA PRASAD,
AGED 29 YEARS
W/O. SAREESH KUMAR,
FIELD ASSISTANT/FACILITATOR VEGETABLE DEVELOPMENT
PROGRAMME (VDP),
PRESENTLY WORKING AT THE OFFICE OF THE ASSISTANT
DIRECTOR AGRICULTURE ALAPPUZHA AND RAMANKARY,
ALAPPUZHA 688 001,
PUNNAKKUNNAM P.O.,
CHAMPAKULAM, ALAPPUZHA 688 504
5 GEETHMOL V.S.,
AGED 29 YEARS
W/O. AJITH .B.,
DATA ENTRY OPERATOR,
VEGETABLE DEVELOPMENT PROGRAMME (VDP), PRESENTLY
WORKING AT THE PRINCIPAL AGRICULTURAL OFFICE,
ALAPPUZHA 688 001,
RESIDENT OD THADICKAL CHIRAYIL,
KALATH WARD,
AVALUKKUNNU P.O.,
ALAPPUZHA 688 006.
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.78 OF 2019 3
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
OP(KAT). No. 78 of 2019
=======================
Dated this the 07th day of January, 2021
JUDGMENT
The learned Senior Government Pleader has filed withdrawal memo
dated 15.09.2020 in (O.P.KAT) No.78 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order
dated 22.03.2018 in O.A.No.605/2017 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) 78/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A. NO. 605/2017 ALONG
WITH ANNEXURRE A1 TO A9 BEFORE THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
ANNEUXRE A1 TRUE COPY OF G.O(RT)NO.1517/2012/AD DATED
25.07.2012
ANNEUXRE A2 TRUE COPY OF THE ORDER NO.1517/2012/AD
DATED 25.07.2012
ANNEUXRE A3 TRUE COPY OF THE ORDER NO.TB(1)10029/16
DATED 16.12.2016 OF THE 1ST APPLICANTS
ANNEUXRE A4 TRUE COY OF THE ORDER NO.TB(1)10029/16
DATED 16.12.2016 OF THE 3RD APPLICANTS
ANNEUXRE A5 TRUE COPY OF THE ORDER NO.TB(1)10029/16
DATED 16.12.2016 OF THE 4TH APPLICANT
ANNEUXRE A6 TRUE COPY OF THE ORDER NO.TB(1)6432/15
DATED 29.06.2016
ANNEUXRE A7
TRUE COPY OF THE LETTER NO.VC.20740/15
DATED 22.03.2016
ANNEUXRE A8 TRUE COPY OF THE CIRCULAR NO.VC48742/15
DATED 12.04.2016
ANNEUXRE A9 TRUE COPY OF THE CIRCULAR
NO.TV(3)40979/16/ATMA DATED 18.12.2016
MA TO JOIN TOGETHER
EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
DATED 3.4.2017.
EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT FIELD ON
BEHALF OF THE SECOND RESPONDENT IN THE
ORIGINAL APPLICATION ALONG WITH ANNEXURES
R2(A) TO R2(E).
ANNEUXRE R2(A) A TRUE COPY OF THE AGREEMENT OF THE 1ST
APPLICANT
ANNEUXRE R2(B) A TRUE COPY OF THE AGREEMENT OF THE 2ND
APPLICANTS
ANNEUXRE R2(C) A TRUE COPY OF THE AGREEMENT OF THE 4TH
APPLICANT
ANNEUXRE R2(D) A TRUE COPY OF THE AGREEMENT OF THE 4TH
APPLICANT
TRUE COPY OF THE AGREEMENT OF THE 5TH
ANNEUXRE R2(E) APPLICANT
EXHIBIT P4 A TRUE COPY OF THE REPLY STATEMENT FIELD ON
BEHALF OF THE FIRST RESPONDENT IN THE
ORIGINAL APPLICATION ALONG WITH ANNEXURES
R1(A),
ANNEUXRE R1(A) A TRUE COPY OF THE AGREEMENT
EXHIBIT P5 A TRUE COPY OF THE FINAL COMMON ORDER OF
THE HONOURABLE KERALA ADMINISTRATIVE
TRIBUNAL DATED 22.3.2018 IN THE AFORESAID
ORIGINAL APPLICATION.
