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.56 OF 2019
AGAINST THE ORDER IN OA 488/2017 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-695001.
2 THE DIRECTOR OF AGRICULTURE,
OFFICE OF THE DIRECTORATE OF AGRICULTURE, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN-695033.
3 THE PRINCIPAL AGRICULTURAL OFFICER,
MALAPPURAM, PIN-676505.
4 THE PRINCIPAL AGRICULTURAL OFFICER,
ALAPPUZHA, PIN-688001.
5 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY (ATMA),
CIVIL STATION, MALAPPURAM, PIN-676509.
6 THE PROJECT DIRECTOR,
AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY (ATMA),
CIVIL STATION, ALAPPUZHA, PIN-688001.
7 THE SENIOR AGRICULTURAL OFFICER,
COCONUT NURSERY, PARAPPANANGADY, NEDUVA.P.O.,
MALAPPURAM, PIN-676303.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS IN O.A.:
1 SHABANA ASMIN N.P.,
AGED 27 YEARS, D/O.ABDUL RAZAK, DISTRICT PLANT HEALTH
MANAGER, CROP HEALTH MANAGEMENT SCHEME, PRINCIPAL
AGRICULTURAL OFFICE, MALAPPURAM, PIN-676505, RESIDING
OP(KAT).No.56 OF 2019 2
AT NARIPPATTA HOUSE, THOTTINTAKKARA, MAMAPAD,
MALAPPURAM, PIN-676542.
2 MUHAMMED NAUFAL U K.,
AGED 27 YEARS, S/O.HASSAINAR U K., AGRICULTURAL
OFFICER, PARASITE BREEDING STATION, COCONUT
NURSERY, PARAPPANANAGADI, CROP HEALTH MANAGEMENT
SCHEME, MALAPPURAM, PIN-676542, RESIDING AT
URUPPAKEEDAN HOUSE, AMARAMBALAM.P.O., NILAMBUR VIA,
MALAPPURAM, PIN-679332.
3 BIDHUN DEV.A.,
AGED 27 YEARS, S/O.VASUDEVAN, AGRICULTURAL OFFICER,
PARASITE BREEDING STATION, CROP HEALTH MANAGEMENT
SCHEME, ALAPPUZHA, PIN-688012, RESIDING AT
ALANGADAN HOUSE, KAPPILP.O., WANDOOR, MALAPPURAM,
PIN-676542.
4 SINITHA T.,
AGED 33 YEARS, D/O.KUTTAPPAN, CONTRACT LABOUR,
PARASITE BREEDING STATION, COCONUT NURSERY, CROP
HEALTH MANAGEMENT SCHEME, MALAPPURAM,
PARAPPANANAGADI, PIN-676542, RESIDING AT SANGEETH
BHAVAN, KOTTATHARA, NEDUVA.P.O., PARAPPANANAGADI,
PIN-676542, RESIDING AT SANGEETH BHAVAN,
KOTTATHARA, NEDUVA.P.O., PARAPPANANAGADI,
MALAPPURAM, PIN-676303.
5 PARVATHY,
AGED 27 YEARS, D/O.JAYAKUMAR, PEST SCOUT, PONMUNDAM
BLOCK, PIN-676106, RESIDING AT AMBADIVALAPPIL,
THEKKAN KUTTOOR, THALAKKAD, MALAPPURAM, PIN-676551.
6 BIJU P.,
AGED 40 YEARS, S/O.N.K.BALAN MENON, PEST SCOUT,
KALIKAVU BLOCK, MALAPPURAM DISTRICT, PIN-676542,
RESIDING AT RUGMINI NIVAS HOSPITAL, NILAMBUR, PIN-
679330.
7 VAISAK K.,
AGED 24 YEARS, S/O.VIJAYARAGHAVAN.K., PEST SCOUT,
NILAMBUR BLOCK, MALAPPURAM DISTRICT, PIN-679330,
RESIDING AT KODAKKADAN HOUSE, RAMANKUTHU.P.O.,
NILAMBUR, PIN-670330.
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.56 OF 2019 3
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
OP(KAT). No. 56 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.56 of 2019 which reads as follows:
"The above O.P.(KAT) is filed challenging the order
dated 22.03.2018 in O.A.No.488/2017 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) 56/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE O.A.NO.488/2017 ALONG
WITH ANNEXURE A1 TO A5 BEFORE THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
ANNEXURE A1 TRUE COPY OF ORDER NO.TD(1)42860/13 DATED
29.01.2014 ISSUED BY THE 2ND RESPONDENT
ANNEUXRE A2(A)
A TRUE COPY OF THE ORDER NO.TA(1)7582/2013
DATED 29.01.2014 ISSUED BY THE 3RD
RESPONDENT
ANNEXURE A2(B) A TRUE COPY OF THE ORDER NO.TA.(1)2612/2014
DATED 29.09.2014 ISSUED BY THE 3RD
RESPONDENT
A TRUE COPY OF THE ORDER NO.CNP 13/1314/05
ANNEXURE A2(C)
DATED 04.02.2014 ISSUED BY THE 7TH
RESPONDENT
ANNEXURE A3 A TRUE COPY OF THE FORMAT OF THE AGREEMENT
EXECUTED BY THE APPLICANTS
ANNEXURE A4 NO.CA77/DA/2016 DATED 30.09.2016 ISSUED BY
THE 2ND RESPONDENT
ANNEXURE A5 A TRUE COPY OF THE TV(3)40979/16/ATMA DATED
18.12.2016 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
DATED 20.3.2017.
AT TRUE COPY OF THE GONO.2661/EXPA1/15/FIN
ANNEXURE R2(A)
DATED 04.02.2016
ANNEXURE R2(B) A TRUE OF THE GO(P)NO.28/2016/FIN DATED
26.02.2016
EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE SECOND RESPONDENT IN THE
ORIGINAL APPLICATION, ALONG WITH ANNEXURES
R2(A) AND R2(B).
EXHIBIT P4 A TRUE COPY OF THE FINAL ORDER IN OA
NO.488/2017 OF THE HONOURABLE KERALA
ADMINISTRATIVE TRIBUNAL DATED 22.2.2018 IN
THE AFORESAID ORIGINAL APPLICATION.
