Usha Nair vs State Of Kerala
2021 Latest Caselaw 13535 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

                             WP(C) NO. 11992 OF 2021

PETITIONERS:

     1         USHA NAIR
               AGED 42 YEARS
               W/O. BIJU, SARANGI (USHAUS), KOMANA, AMBALAPPUZHA P.O.,
               ALAPPUZHA-688561.

     2         PRATHYUSHA,
               AGED 41 YEARS, W/O. RAJKUMAR MENON, PANAMPALLY HOUSE, NORTH
               GATE, AMBALAPPUZHA P.O., ALAPPUZHA-688561.

     3         VIDHYA V.
               AGED 38 YEARS, W/O. BIJU, PUTHENPARAMBU, (YADHAVAM), KARUMADY
               P.O. , AMBALAPPUZHA, ALAPPUZHA-688562.

     4         PARVATHY B. KRISHNA,
               AGED 28 YEARS, W/O. SUNDARESWARAN, PUTHOOR HOUSE, AMBALAPPUZHA
               P.O., ALAPPUZHA-688561.

               BY ADVS.
               B.PRAMOD
               NAMITHA JYOTHISH



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2         THE MISSION DIRECTOR,
               MGNREGS STATE MISSION, SWARAJ BHAVAN, 5TH FLOOR, NANTHANCODE,
               THIRUVANANTHAPURAM, KERALA-695003.

     3         THE COMMISSIONER,
               RURAL DEVELOPMENT COMMISSIONARATE, 4TH FLOOR SWARAJ BHAVAN,
               NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.

     4         THE DISTRICT PROGRAMME COORDINATOR (THE DISTRICT COLLECTOR),
               MGNREGA, COLLECTORATE, ALAPPUZHA-688001.

     5         AMBALAPPUZHA SOUTH GRAMA PANCHAYAT,
               AMBALAPPUZHA P.O., ALAPPUZHA-688561, REPRESENTED BY ITS
               SECRETARY.
 WP(C) NO. 11992 OF 2021

                                     2




     6      THE PANCHAYAT COMMITTEE,
            AMBALAPPUZHA GRAMA PANCHAYATH, AMBALAPPUZHA P.O., PIN-688561,
            ALAPPUZHA, REPRESENTED BY ITS PRESIDENT.

     7      KAVITHA K.
            THE PRESIDENT, AMBALAPPUZHA GRAMA PANCHAYATH, AMBALAPPUZHA
            P.O., ALAPPUZHA, PIN-688561,

            BY ADVS.
            BRIJESH MOHAN-SC
            R.RAJPRADEEP



OTHER PRESENT:

            SRI. SUNIL KUMAR KURIAKOSE - GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11992 OF 2021

                                    3




                               JUDGMENT

The petitioners have approached this Court seeking a

direction to respondents 1 to 5 to extend their term/tenure of

contract/employment as Accountant-cum-IT Assistant in the

services of the 5th respondent - Ambalappuzha South Panchayat,

for a period of two years from 01.04.2021.

2. According to the petitioners, even though their earlier

contract expired on 31.03.2021, they are entitled to be given a

fresh term of two years and therefore, that respondents are

obligated to do so.

3. When this matter was called today, Sri.Raj Pradeep,

learned Standing Counsel appearing for respondent No.5 -

Panchayat submitted that a Government Order dated 15.06.2021

has now been issued, extending the term of all existing contracts

upto 31.03.2022. He added that the Grama Panchayat, therefore,

convened a meeting on 17.06.2021 and decided to extend the

term of the petitioners' contract until 31.03.2022. He, therefore,

prayed that this writ petition be dismissed.

4. The learned Government Pleader - Sri.Sunil Kumar WP(C) NO. 11992 OF 2021

Kuriakose, submitted that if the Panchayat has already taken a

decision in terms of the afore mentioned Government Order, then

his clients do not have any role to play at this stage, since

petitioners will be entitled to continue for the next one year. He,

therefore, prayed that no further orders be issued against the

official respondents.

5. In view of the afore submissions made on behalf of the

5th respondent - Grama Panchayat, I do not think that it will be

necessary for this Court to enter into the merits of the contentions

of the petitioners at this time; and if they have any further

grievance, obviously, they will have to approach this Court at the

time when their present term of contract expires.

Reserving the afore liberty to the petitioners, I close this

writ petition, recording the submission made on behalf of the 5 th

respondent, that the contracts of the petitioners have been

extended until 31.03.2022, in terms of the Government Order

dated 15.06.2021.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 11992 OF 2021

APPENDIX OF WP(C) 11992/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE GO DATED 09/02/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 31/05/2021.

Exhibit P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 31/05/2021.

Exhibit P4 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 3RD PETITIONER DATED 31/05/2021.

Exhibit P5 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 4TH PETITIONER DATED 31/05/2021.

Exhibit P6 TRUE COPY OF THE GO DATED 03/03/2016 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE RELEVANT PAES OF THE MINUTES OF THE MEETING OF THE 6TH RESPONDENT CONVENED ON 28/05/2021.

Exhibit P8 TRUE COPY OF THE GO DATED 16/05/2011 ISSUED BY THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE GO DATED 29/03/2012 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE GO DATED 01/02/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P11 TRUE COPY OF THE GO.DATED 15.06.2021.