Kerala High Court
Raichel Thankachan vs Union Of India on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 10900 OF 2022
PETITIONERS:
1 RAICHEL THANKACHAN
AGED 42 YEARS
W/O.JOY K., ALDRIN DALE, PUTHUKKADU P.O.- 691 583,
CHAVARA, KOLLAM.
2 THANKACHY S.
AGED 53 YEARS
W/O.VENU R., CHAVATTIL THARAYIL,
PUTHUKKADU P.O.- 691583, CHAVARA, KOLLAM.
BY ADV SHERYL ELIZABATH SEBASTIAN
UTTARA P.V.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF RURAL DEVELOPMENT, KRISHI BHAVAN,
DR.RAJENDRA PRASAD ROAD, NEW DELHI - 110 001.
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 DIRECTOR OF PANCHAYATH
DIRECTORATE OF PANCHAYATHS, PATTOM,
THIRUVANANTHAPURAM - 695 001.
4 RURAL DEVELOPMENT COMMISSIONER & MISSION DIRECTOR
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME, FIRST FLOOR, PUNARJANI, T.C.26/1333(2),
PANAVILA JUNCTION, THIRUVANANTHAPURAM - 695 001.
5 PROGRAM CO-ORDINATOR/DISTRICT COLLECTOR
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT SCHEME
(MGNREGS), CIVIL STATION, KOLLAM - 691 013.
6 PROJECT DIRECTOR & JOINT PROGRAMME CO-ORDINATOR
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT SCHEME
(MGNREGS), CIVIL STATION, KOLLAM - 691 013.
7 CHAVARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,P.O.CHAVARA, KOLLAM-691583
8 SECRETARY
CHAVARA GRAMA PANCHAYAT, P.O CHAVARA, KOLLAM - 691 583.
9 THE PANCHAYAT COMMITTEE
REPRESENTED BY ITS PRESIDENT, CHAVARA GRAMA PANCHAYAT,
KOLLAM - 691 583.
WP(C) NO. 10900 OF 2022
2
10 PRESIDENT
CHAVARA GRAMA PANCHAYAT, PO CHAVARA,
KOLLAM - 691 583.
BY ADV M.R.SASITH
SRI.SUNIL KURIAKOSE, GP
SRI.MANU S., ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10900 OF 2022
3
JUDGMENT
Dated this the 6th day of July, 2022
This writ petition is filed seeking the following prayers:
"(i) To issue a writ of certiorari quashing Exts.P7 and P8
as unjust, illegal and arbitrary.
(ii) To declare that the petitioners are not liable to be
terminated from service and that they are entitled to
continue as Accountant cum Data Entry Operator/
Accountant cum IT Assistant at Chavara Grama Panchayat
till the Mahatma Gandhi National Rural Employment
Scheme continues in Chavara Grama Panchayat.
(iii) To issue a writ of mandamus directing the 7th to 10th
respondents to pass orders permitting the petitioners to
continue in service as Accountant cum Data Entry
Operator/Accountant cum IT Assistant Chavara Grama
Panchayat till the Mahatma Gandhi National Rural
Employment Scheme continues in Chavara Grama
Panchayat.
(iv) To declare that the respondents 7 to 10 are not entitled
to induct fresh temporary hands to replace the experienced
petitioners from the post of Accountant cum Data Entry
Operator/Accountant cum IT Assistant at Chavara Grama
Panchayat without any cogent reason on temporary basis.
(v) To issue a writ of mandamus directing the 7 th to 10th
respondents to refrain from inducting fresh temporary
hands to replace the experienced petitioners in the post of
Accountant cum Data Entry Operator/Accountant cum IT
Assistant at Chavara Grama Panchayat without any cogent
reason on temporary basis."
2. Heard the learned counsel for the petitioners, the learned
Government Pleader as well as the learned standing counsel appearing
WP(C) NO. 10900 OF 2022
for respondents 7 to 10.
3. It is submitted by the learned counsel for the petitioners that the
petitioners are working as Accountant cum Data Entry Operator and
Accountant cum IT Assistant on contract basis in the 7 th respondent-
Panchayat under the Mahatma Gandhi National Rural Employment
Guarantee Scheme. It is submitted that the 1 st petitioner joined duty in
2012 and the 2nd petitioner joined duty in 2010 and have been
continuing since then. It is stated that by Ext.P7 resolution, taken in a
Panchayat meeting held on 16.03.2022, a decision was taken to reject
the requests of the petitioners for extending their contract and to replace
them. It is submitted that the Secretary of the Panchayat had noted
dissent to the decision of the Panchayat and had stated that there were
no complaints against the petitioners and that no performance appraisal
had been conducted. The petitioners seek continuance on the basis of
the Government Order which directed the continuance of contract
employees under the Scheme till 30.06.2022. The learned counsel for
the petitioners submits that, later, a Government Order has also been
issued on 30.06.2022 directing the extension of the contract for a
WP(C) NO. 10900 OF 2022
further period of two years.
4. The learned standing counsel appearing for the Panchayat points
out that the extension of contract is subject to the specific condition that
performance appraisal shall be conducted before 25.07.2022.
5. In the above view of the matter, this writ petition is disposed of in
the light of the Government Order dated 30.06.2022 extending the
period of contract by a period of two years subject, ofcourse, to the
condition with regard to the conduct of the performance appraisal in
accordance with the orders. The petitioners shall be permitted to
continue in service on the strength of the Government Order dated
30.06.2022 subject to the conditions contained therein.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 10900 OF 2022
APPENDIX OF WP(C) 10900/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PANCHAYAT RESOLUTION DATED
18/06/2012 APPOINTING THE 1ST PETITIONER AS
ACCOUNTANT CUM DATA ENTRY OPERATOR.
Exhibit P2 TRUE COPY OF THE PANCHAYAT RESOLUTION DATED
05/05/2010 APPOINTING THE 2ND PETITIONER AS
ACCOUNTANT CUM DATA ENTRY OPERATOR.
Exhibit P3 TRUE COPY OF THE CONTRACT OF THE 1ST
PETITIONER DATED 01/04/2014 EXTENDING HER
TERM FOR ONE YEAR.
Exhibit P4 TRUE COPY OF THE PANCHAYAT DATED 4/07/2020
EXTENDING THE TERM OF PETITIONERS FOR A
PERIOD OF TWO YEARS FROM 01/04/2020
RETROSPECTIVELY, ALOGNWITH A COPY OF THE
CONTRACT OF THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE CONTRACT OF THE 2ND
PETITIONER DATED 01/04/2014 EXTENDING HER
TERM FOR ONE YEAR.
Exhibit P6 TRUE COPY OF THE CONTRACT OF THE 2ND
PETITIONER EXTENDING HER TERM FOR A PERIOD OF
TWO YEARS FROM 14/7/2020.
Exhibit P7 TRUE COPY OF THE RESOLUTION OF THE PANCHAYAT
MEETING HELD ON 16/03/2022.
Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED
19/03/2022 ISSUED BY THE 8TH RESPONDENT
INVITING NEW APPLICATIONS.
Exhibit P9 TRUE COPY OF THE GO(MS) NO.952/12/LSGD DATED
29/03/2012.
Exhibit P10 TRUE COPY OF THE G.O.(RT) NO.1067/2021/LSGD
DATED 01/06/2021.
Exhibit P11 TRUE COPY OF THE ORDER PAN/14760/2020-E9(DP)
DATED 12/01/2021.
Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED
18/03/2022 IN WP(C) 9231/2022.
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED
11/10/2021 IN WP(C) 21719/2021.
Exhibit P14 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
NO.925/2021 AND CONNECTED CASE DATED
27/09/2021.
RESPONDENTS' EXHIBITS: NIL
