State Of Kerala vs State Of Kerala
2021 Latest Caselaw 547 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.52 OF 2019

    AGAINST THE ORDER DATED22.03.2018 IN OA 549/2017 OF KERALA
           ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM


PETITIONERS/RESPONDENTS:

      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,CIVIL
             STATION,ERNAKULAM,
             PIN-682030.

             BY GOVERNMENT PLEADER

RESPONDENTS/APPLICANTS IN OA.:

      1      SANITHA.M.K
             AGED 31 YEARS
             D/O.M.E.KUNJAN,CROP HEALTH MANAGEMENT,FIELD
             ASSISTANT(PEST SCOUT),
             OFFICE OF THE ASSISTANT DIRECTOR OF
             AGRICULTURE,KALAMASSERY BLOCK,ERNAKULAM,
             PIN-682030,RESIDENT OF MUTHUVANCHIRA PARAMBIL
             HOUSE,NERIYAMANGALAM.P.O,
             AVOLICHAL,ERNAKULAM,PIN-686693.

      2      SHIJEENA.T.G,
             AGED 35 YEARS
 OP(KAT).No.52 OF 2019                       2

                        W/O.BAIJU ALIAS,CROP HEALTH MANAGEMENT,
                        FIELD ASSISTANT(PEST SCOUT),OFFICE OF THE ASSISTANT
                        DIRECTOR OF AGRICULTURE,
                        POOTHRIKKA BLOCK,ERNAKULAM,PIN-682308,
                        RESIDENT OF THLAPPILLIMARIYAL HOUSE,
                        KAKKOR,ERNAKULAM,PIN-686662.

               3        DENCY JACOB,
                        AGED 43 YEARS
                        W/O JACOB ANDREWS,CROP HEALTH MANAGEMENT,FIELD
                        ASSISTANT,(PEST SCOUT),
                        OFFICE OF THE ASSISTANT DIRECTOR OF
                        AGRICULTURE,MUVATTUPUZHA BLOCK,
                        ERNAKULAM,PIN-686669,RESIDENT OF ANUGRAHA
                        VILLA,PERIYAPURAM.P.O,ERNAKULAM,
                        PIN-686667.

                        R2-3 BY ADV. SRI.M.FATHAHUDEEN
                        R2-3 BY ADV. SRI.JELSON J.EDAMPADAM

            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.52 OF 2019                              3


                        ALEXANDER THOMAS & T.R.RAVI, JJ.
                            =======================
                                 OP(KAT). No.52 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.52 of 2019 which reads as follows:

"The above O.P.(KAT) is filed challenging the order dated 22.03.2018 in O.A.No.549/2017 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) 52/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE O.A.NO.549/2017 ALONG WITH ANNEXURE A1 TO A6 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL ANNEXURE A1 TRUE COPY OF THE CIRCULAR NO.TD(1)42860/13 DATED 05.10.2013 ANNEXURE A2 TRUE COPY OF THE FORMAT OF AGREEMENT

ANNEXURE A3 TRUE COPY OF THE APPOINTMENT ORDER DATED 29.05.2016

ANNEXURE A4 TRUE COPY OF THE CIRCULAR NO.77/DA/2016 DATED 30.09.2016

ANNEXURE A5 TRUE COPY OF THE CIRCULAR NO.TV(3) 40979/16/ATMA DATED 18.12.2016

TRUE COPY OF THE INTERIM ORDER DATED ANNEXURE A6 03.03.2017 IN OA NO.404/2017

EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 29.03.2017

EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMEENT FILED ON BEHALF OF THE SECOND RESPONDENT IN THE ORIGINAL APPLICATION,ALONG WITH ANNEXURES R2(A) AND R2(B)

ANNEXURE R2(A) TRUE COPY OF THE GOVERNMENT ORDER NO.2661/EXP.A1/15/FIN DATED 04.02.2016

ANNEXURE R2(B) TRUE COPY OF THE COPY OF THE GO(P)NO.28/2016/FIN DATED 26.02.2016

EXHIBIT P4 A TRUE COPY OF THE FINAL ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNALK DATED 22.03.2018 IN THE AFORESAID ORIGINAL APPLICATION.