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.77 OF 2019
AGAINST THE ORDER IN OA 673/2017 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 695 001.
2 THE DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM 695 033.
3 THE PRINCIPAL AGRICULTURE OFFICER,
KOZHIKODE 673 020.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN OA:
1 BINDU S.T.
AGED 39 YEARS
W/O. VIJAYARAJ, FIELD ASSISTANT,VEGETABLE DEVELOPMENT
PRO GRAMME (VDP), PRESENTLY WORKING AT THE OFFICE OF
THE ASSISTANT DIRECTOR OF AGRICULTURE KOZHIKDOE 673
004,
RESIDENT OF QUARTERS NO. 44, NGO QUARTER, MERIKKUNNU
P.O.,
KOZHIKODE.
2 SONIA.N.S.,
AGED 42 YEARS
FIELD ASSISTANT,VEGETABLE DEVELOPMENT PRO GRAMME
(VDP), PRESENTLY WORKING AT THE OFFICE OF THE
ASSISTANT DIRECTOR OF AGRICULTURE KUNNAMANGALM,
KOZHIKODE 673 571.
RESIDENT OF NADUKKANDI MEETHAL VEEDU, VELLIPARAMB
P.O.,
OP(KAT).No.77 OF 2019 2
KOZHIKODE 673 008.
3 SUCHITHRA. A.AN.,
AGED 40 YEARS
W/O. SUNIL KUMAR,
FIELD ASSISTANT,VEGETABLE DEVELOPMENT PRO GRAMME
(VDP), PRESENTLY WORKING AT THE OFFICE OF THE
ASSISTANT DIRECTOR OF AGRICULTURE THODANNUR,
KOZHIKODE, 673 541,
RESIDENT OF NELLOOLI VEEDU,
EDAKKULAM P.O.,
KOYILANDY, KIZHIKODE, 673 306.
KOZHIKODE.
4 AKHIL.A.,
AGED 32 YEARS
S/O. AYYAPPAN.A., DATA ENTRY OPERATOR,
VEGETABLE DEVELOPMENT PROGRAMME (VDP),
PRESENTLY WORKING AT THE OFFICE OF THE PRINCIPAL
AGRICULTURAL OFFICE, KOZHIKODE 673 020,
RESIDENT OF AHTIRA HOUSE, CHELANNUR P.O., KOZHIKDOE
673 616.
5 ANASWARA.M.B.,
AGED 29 YEARS
D/O. BHASKARAN,
DATA ENTRY OPERATOR,
VEGETABLE DEVELOPMENT PROGRAMME (VDP), PRESENTLY
WORKING AT THE OFFICE OF THE PRINCIPAL AGRICULTURAL
OFFICE,
KOZHIKODE 673 020,
RESIDENT OF AISWARYA BHAVAN, ATHOLI POST, KOZHIKODE
673 315.
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.77 OF 2019 3
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
OP(KAT). No. 77 of 2019
=======================
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.77 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order
dated 22.03.2018 in O.A.No.673/2017 of the Kerala
Administrative Tribunal, Trivandrum. The respondents are
contract employees working under the Vegetable
Development 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) 77/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A. NO. 673/2017 ALONG
WITH ANNEXURE A1 O A7 BEFORE THE HONOURABLE
KERALA ADMINISTRATE TRIBUNAL.
ANNEXURE A1 TRUE COPY OF G.O(RT) NO. 1517/2012/AD DATED
25.07.2012.
ANNEXURE A2 TRUE COPY OF THE AGREEMENTS LASTLY EXECUTED
BY THE 1ST APPLICANT.
ANNEXURE A2(A) TRUE COPY OF THE AGREEMENTS LASTLY EXECUTED
BY THE 2ND APPLICANT.
ANNEXURE A2(B) TRUE COPY OF THE AGREEMENTS LASTLY EXECUTED
BY THE 3RD APPLICANT.
ANNEXURE A2(C) TRUE COPY OF THE AGREEMENTS LASTLY EXECUTED
BY THE 4TH APPLICANT.
ANNEXURE A3 TRUE COPY OF THE LETTER NO. VC 15155/13
DATED 29.03.2014.
ANNEXURE A4 TRUE COPY OF THE LETTER NO. VC 20740/15
DATED 22.03.2016.
ANNEXURE A5 TRUE COPY OF THE RELEVANT PORTIONS OF
48742/15 DATED 12.04.2016.
ANNEXURE A6 TRUE COPY OF THE CIRCULAR NO. 77/DA/2016
DATED 30.09.2016.
ANNEXURE A7 TRUE COPY 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 TRIUBUNAL
IN OA 673/17 DATED 10.4.2017.
EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE SECOND RESPONDENT IN THE
ORIGINAL APPLICATION.
EXHIBIT P4 A TRUE COPY OF THE REPLY STATEMENT FIELD ON
BEHALF OF HE THIRD RESPONDENT IN THE
ORIGINAL APPLICATION.
EXHIBIT P5 A TRUE COPY OF THE MISCELLANEOUS
APPLICATION FOR DISBURSING THE SALARY OF
THE RESPONDENTS.
EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
DATED 20.7.2017 FOR DISBURSING THE SALARY
OF THE RESPONDENTS.
EXHIBIT P7 A TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE FIRST RESPONDENT IN THE
ORIGINAL APPLICATION.
EXHIBIT P8 A TRUE COPY OF THE FINAL ORDER OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
DATED 22.3.2018 IN THE AFORESAID ORIGINAL
APPLICATION.
