K.G.Thankam vs State Of Kerala
2021 Latest Caselaw 12981 Ker

                       T.R.RAVI, J.
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                W.P.(C). No. 10386 of 2021
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          Dated this the 16th day of June, 2021

                                   ORDER

The writ petition has been filed challenging the

steps initiated to terminate the service of the

petitioner after the term of her appointment. In Ext.P3

judgment dated 14.09.2018, the petitioners had sought for

regularisation of the service, which was not granted by

this Court. Petitioner was also a party in the writ

petition. Thereafter when the service was sought to be

terminated, the petitioner has approached this Court by

filing WP(C) No.5462/2021. This Court on 17.03.2021 had

issued an order recording the submission of the

respondents that there is no proposal to terminate the

service of the petitioner as at present and that after

the term of engagement of the petitioner, appropriate

steps for continuation of the contract shall be taken, if

there are no specific allegations against her with regard

to her performance. After 17.03.2021, it appears that a

show cause notice has been issued on 05.04.2021 to the W.P.(C). No. 10386 of 2021

petitioner, which has not been produced in the writ

petition. However, the petitioner has produced

Ext.P12 reply, which she had submitted to the show

cause notice giving her explanation to the same. On

28.04.2021, the respondents had issued Ext.P13 to the

petitioner wherein it is specifically stated that her

contract cannot be renewed on expiry of her contract

period on 28.04.2021, for the reason that the Model

Code of Conduct has come into force. The elections

are already over and the Code of Conduct is no longer

relevant. Going by Ext.P6 order wherein the

respondents had submitted that steps will be taken to

continue the contractual appointment, read along with

Ext.P13 wherein the only reason stated for non-renewal

is the existence of the Code of Conduct presently

advised, I do not find any reason for discontinuing

the engagement of the petitioner. The counsel for the

respondents submits that there are other reasons for

not renewing the contract and that the respondents may

be given an opportunity to place their submissions on

record. I notice that this Court had already directed W.P.(C). No. 10386 of 2021

the respondents to submit their statement by

18.05.2021. There is a further order that the post

vacated by the petitioner shall not be filled up till

then. Even though almost a month has gone by, the

respondents have not placed on record their statement

and the only reason that is stated is the spread of

pandemic.

2. In the above circumstances, the respondents

are given a final opportunity to place on record their

statement on or before 24.06.2021, failing which they

shall reinstate the petitioner and extend her

contractual employment as already agreed to in Ext.P6

order. The interim order dated 04.05.2021 directing

that the post shall not be filled up will continue to

be in force.

Post on 25.06.2021.

Sd/-

T.R.RAVI, JUDGE

Pn