State Of Kerala vs State Of Kerala
2021 Latest Caselaw 545 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.114 OF 2019

   AGAINST THE ORDER IN OA 752/2017 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,
             ERNAKULAM, PIN-682050.

      4      THE PROJECT DIRECTOR,
             AGRICULTURAL TECHNOLOGY MANAGEMENT AGENCY,
             KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-695043.

             BY GOVERNMENT PLEADER

RESPONDENTS/APPLICANTS IN OA:

      1      SAUJATH.P.A.,
             AGED 40 YEARS, W/O. RAHIM K.M,
             WORKING AS PEST SCOUT IN PERUMBAVOOR OKKAL(PLANT
             HEALTH CLINIC), ASAMANNOOR,
             ERNAKULAM DISTRICT,
             RESIDING AT KARAKKUZHIYIL HOUSE,
             AYOORORPADAM P.O, KOTHAMANGALAM P.O,
             KOTHAMANGALAM, ERNAKULAM, PIN-686692.,

      2      PRIYA MARY JOSE,
             AGED 24 YEARS, D/O. JOSE THOMAS,
             WORKING AS PEST SCOUT, VYTTILA,
             KUMBALAM(PLANT HEALTH CLINIC),
             KUMBALANGHI K.B,
 OP(KAT).No.114 OF 2019             2

                 ERNAKULAM DISTRICT, PIN-682030, RESIDING AT
                 MUTHUPLACKAL HOUSE, THIDANADU P.O, KOTTAYAM, PIN-
                 686123.


     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.114 OF 2019                     3


                ALEXANDER THOMAS & T.R.RAVI, JJ.
                    =======================
                         OP(KAT). No.114 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.114 of 2019 which reads as follows:

"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.752/2017 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) 114/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE OA NO.752/2017 ALONG WITH ANNEXURE A1 TO A9 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.

ANNEUXRE A1 A TRUE COPY OF ORDER TB(3)406/14 DATED 25.01.2014

ANNEUXRE A2 A TRUE COPY OF THE ORDER T.B.(3)406/14 DATED 05.02.2014

A TRUE COPY OF THE ORDER NO.TB(2)3309/2015 ANNEUXRE A3 DATED 30.06.2015

ANNEUXRE A4 A TRUE COPY OF THE ORDER BY THE PROJECT DIRECTOR, ATMA 21/14 DATED 23.10.2014

ANNEUXRE A5 A TRUE COPY OF THE ORDER NO.TA(4)2214/15 DATED 03.09.2015

ANNEUXRE A6 A TRUE COPY OF THE ORDER NO.TB(2)3309 DATED 28.09.2015

ANNEUXRE A7 A TRUE COPY OF THE CIRCULAR TD(1)42712/16 DATED 31.03.2017

A TRUE COPY OF THE INTERIM ORDER OF THIS ANNEUXRE A8 HON'BLE TRIBUNAL IN OA NO.404/17

A TRUE COPY OF THE INTERIM ORDER OF THIS ANNEUXRE A9 HONOURABALE TRIBUNAL IN OA477/17 AND CONNECTED CASES.

EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 19.04.2017.

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 FINAL COMMON ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 22.03.2018 IN THE AFORESAID ORIGINAL APPLICATION.