State Of Kerala vs State Of Kerala
2021 Latest Caselaw 533 Ker

             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.64 OF 2019

   AGAINST THE ORDER IN OA 505/2017 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, THIRUVANANTHAPURAM-695001.

      2      THE DIRECTOR OF AGRICULTURE,
             OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
             BHAVAN, THIRUVANANTHAPURAM - 695033.

      3      THE PRINCIPAL AGRICULTURAL OFFICER,
             THIRUVANANTHAPURAM - 695008.

      4      THE PROJECT DIRECTOR,
             STATE HORTICULTURE MISSION (SHM) , THIRUVANANTHAPURAM
             - 695034.

             BY GOVERNMENT PLEADER

RESPONDENTS/APPLICANTS IN OA:

      1      ANCY L.J.,
             AGED 27 YEARS
             D/O. F. JOSEPH, FIELD ASSISTANT, STATE HORTICULTURE
             MISSION (SHM), PRESENTLY WORKING AT THE OFFICE OF THE
             DISTRICT HORTICULTURE MISSION, PRINCIPAL AGRICULTURAL
             OFFICE, CIVIL STATION, KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM - 695043,
             RESIDENT OF 'ANCY COTTAGE', SOCIETY ROAD, ARAMADA
             P.O., THRIKANNAPURAM, THIRUVANANTHAPURAM - 695432.

      2      SUKINU P.S.,
             AGED 31 YEARS, S/O. RAJEESH, FIELD ASSISTANT, STATE
             HORTICULTURE MISSION (SHM), PRESENTLY WORKING AT THE
             OFFICE OF THE DISTRICT HORTICULTURE MISSION,
             PRINCIPAL AGRICULTURAL OFFICE, CIVIL STATION,
 OP(KAT).No.64 OF 2019              2

                 KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043,
                 RESIDENT AT 'SHIBU BHAVAN', PULIKANDOM, AYIRA P.O.,
                 PARASSALA, THIRUVANANTHAPURAM-695502.


        3        ULLAS P.,
                 AGED 26 YEARS, S/O. LEELA DEVI, FIELD ASSISTANT,
                 STATE HORTICULTURE MISSION (SHM), PRESENTLY WORKING
                 AT THE OFFICE OF THE DISTRICT HORTICULTURE MISSION,
                 PRINCIPAL AGRICULTURAL OFFICE, CIVIL STATION,
                 KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043,
                 RESIDENT OF 'ULLAS BHAVAN', NEEROTTUKONAM, KOLLODE
                 P.O., THIRUVANANTHAPURAM - 695571.


        4        JISHAMOL S.M.,
                 AGED 31 YEARS, D/O. MNALLIKAMMA, FIELD ASSISTANT,
                 STATE HORTICULTURE MISSION (SHM), PRESENTLY WORKING
                 AT THE OFFICE OF THE DISTRICT HORTICULTURE MISSION,
                 PRINCIPAL AGRICULTURAL OFFICE, CIVIL STATION,
                 KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043,
                 RESIDENT OF 'AKILESH BHAVAN', POTTANCHIRA,
                 CHETTACHAL P.O., VITHURA THIRUVANANTHAPURAM -
                 695551.

        5        KUMARI SREEJA S.,
                 AGED 37 YEARS, W/O. JAYACHANDRAN L., FIELD
                 ASSISTANT, STATE HORTICULTURE MISSION (SHM),
                 PRESENTLY WORKING AT THE OFFICE OF THE DISTRICT
                 HORTICULTURE MISSION, PRINCIPAL AGRICULTURAL
                 OFFICE, CIVIL STATION, KUDAPPANAKUNNU,
                 THIRUVANANTHAPURAM - 695043,
                 RESIDENT OF 'PARAMPAMTHALA PUTHEN VEEDU', VELICODE,
                 OORUTTAMBALAM P.O., THIRUVANANTHAPURAM-695507.


        6        AKHILA KUMARI V.B.,
                 AGED 34 YEARS, W/O. SHIBUKUMAR S.T., FIELD
                 ASSISTANT, STATE HORTICULTURE MISSION (SHM),
                 PRESENTLY WORKING AT THE OFFICE OF THE DISTRICT
                 HORTICULTURE MISSION, PRINCIPAL AGRICULTURAL
                 OFFICE, CIVIL STATION, KUDAPPANAKUNNU,
                 THIRUVANANTHAPURAM - 695043, RESIDENT OF
                 'SREESREYAS', MAYPATTUMALA, VALIYARA, VELLANADU
                 P.O., THIRUVANANTHAPURAM - 695543.

        7        SAJITHA V.S.,
                 AGED 28 YEARS, W/O. SAJIKUMAR T.S., FIELD
                 ASSISTANT, STATE HORTICULTURE MISSION (SHM),
                 PRESENTLY WORKING AT THE OFFICE OF THE DISTRICT
                 HORTICULTURE MISSION, PRINCIPAL AGRICULTURAL
                 OFFICE, CIVIL STATION, KUDAPPANAKUNNU,
                 THIRUVANANTHAPURAM - 695043,
                 RESIDENT OF 'VIJU BHAVAN', NEYYARDAM P.O.,
 OP(KAT).No.64 OF 2019              3

                 THIRUVANANTHAPURAM - 695572.

        8        NEENA S.N.,
                 AGED 37 YEARS, W/O. JOHNY M.S., FIELD ASSISTANT,
                 STATE HORTICULTURE MISSION (SHM), PRESENTLY WORKING
                 AT THE OFFICE OF THE DISTRICT HORTICULTURE MISSION,
                 PRINCIPAL AGRICULTURAL OFFICE, CIVIL STATION,
                 KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695043,
                 RESIDENT OF 'CHUNDAVILAKATHU VEEDU, AYIRA, AYIRA
                 P.O., PARASSALA, THIRUVANANTHAPURAM-695502.


     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.64 OF 2019                      4


                ALEXANDER THOMAS & T.R.RAVI, JJ.
                    =======================
                         OP(KAT). No. 64 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.64 of 2019 which reads as follows:

"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.505/2017 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

APPENDIX OF OP(KAT) 64/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE O.A. NO.505/2017 ALONG WITH ANNEXURES A1 TO A6 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.

TRUE COPY OF THE ORDER NO.56/SHM/10/1304 ANNEXURE A1 DATED 15.11.2012

ANNEXURE A2 TRUE COPY OF THE ORDER NO.TC(1)10128/12 DATED 03.01.2013

ANNEXURE A3 TRUE COPY OF THE CIRCULAR NO.CA.77/DA/2016 DATED 30.09.2016

ANNEXURE A4 TRUE COPY OF THE LETTER DATED 19.10.2016

ANNEXURE A5 TRUE COPY OF THE CIRCULAR NO.TV(3) 4097/16/ATMA DATED 18.12.2016

EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22/03/2017.

EXHIBIT P3 A TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR DIRECTION AND FOR MARKING DOCUMENT ALONG WITH ANNEXURE MAI.

ANNEXURE MA1 A TRUE COPY OF THE LETTER DATED 21.06.2017

EXHIBIT P4 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE FIRST RESPONDENT IN THE ORIGINAL APPLICATION.

EXHIBIT P5 A TRUE COPY OF THE FINAL COMMON ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22/03/2018 IN THE AFORESAID ORIGINAL APPLICATION.