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Baby Thomas vs State Of Kerala
2023 Latest Caselaw 10344 Ker

Citation : 2023 Latest Caselaw 10344 Ker
Judgement Date : 26 September, 2023

Kerala High Court
Baby Thomas vs State Of Kerala on 26 September, 2023
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
                    WP(C) NO. 40032 OF 2022


PETITIONER/S:

           HASHMI KUTTAN M
           AGED 31 YEARS
           W/O VIGIN M S., ACCREDITED OVERSEER,
           MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
           SCHEME, KALADY GRAMA PANCHAYAT KALADY P.O.,
           ERNAKULAM, RESIDING AT MADASSERY HOUSE, MHC MATTOOR,
           KALADY P.O., ERNAKULAM, PIN - 683574
           BY ADVS.
           N.ANAND
           RAJESH O.N.
           BIJITH S.KHAN

RESPONDENT/S:

    1      STATE OF KERALA
           DEPARTMENT OF LOCAL SELF GOVERNMENT
           INSTITUTIONS (RURAL) SECRETARIAT,
           THIRUVANANTHAPURAM -695001
           REPRESENTED BY ITS SECRETARY
    2      MISSION DIRECTOR
           MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
           SCHEME, 3RD FLOOR, REVENUE COMPLEX,
           PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM,
           PIN - 695033
    3      JOINT PROGRAME CO-ORDINATOR
           MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT
           GUARANTEE SCHEME CIVIL STATION,
           KAKKANADU ERNAKULAM, PIN - 682030
    4      BLOCK PROGRAME OFFICER
 W.P.(C) Nos. 42099, 41371 &
40032 of 2022                     2




              MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT
              GUARANTEE SCHEME, BLOCK PROGRAMME OFFICE,
              ALAMEN P.O., ANGAMALY, PIN - 683572
      5       KALADY GRAMA PANCHAYAT
              KALADY.P.O., ERNAKULAM DISTRICT - 683574
              REPRESENTED BY ITS SECRETARY.

      6       BABY THOMAS
              W/O. THOMAS, KOLLAMKUDY HOUSE, THOTTAKAM,
              MANIKAMANGALAM.P.O., ERNAKULAM DISTRICT,
              PIN - 683574

              BY ADVS.
              SRI. JIMMY GEORGE, GOVERNMENT PLEADER
              SRI.WILSON URMESE, SC
              SRI.DINESH MATHEW J MURIKAN
              SRI. K.A.ABHILASH(K/123/2008)
              SRI.VINOD S. PILLAI(K/631/2012)
              SRI. MOHAMMED THAYIB N.M.(K/1451/2019)
              ADV.NAYANA VARGHESE(K/283/2021)
              SRI.AHAMMAD SACHIN K.(K/001814/2019)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.09.2023, ALONG WITH WP(C).41371/2022, 42099/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos. 42099, 41371 &
40032 of 2022                      3




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
                     WP(C) NO. 41371 OF 2022


PETITIONER/S:

              KALADY GRAMA PANCHAYAT
              KALADY P.O., PIN - 683574,
              ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY
              LIJO AUGUSTINE.

              BY ADVS.
              WILSON URMESE
              MANU HORMIS WILSON

RESPONDENT/S:

      1       STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS
              (RURAL), SECRETARIAT, THIRUVANANTHAPURAM P.O.,
              PIN - 695001.
      2       MISSION DIRECTOR
              MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
              SCHEME, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE
              COMPOUND, THIRUVANANTHAPURAM P.O., PIN - 695033
      3       JOINT PROGRAM COORDINATOR
              MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
              SCHEME, CIVIL STATION, KAKKANAD P.O., PIN - 682030,
              ERNAKULAM DISTRICT.
      4       BLOCK PROGRAM OFFICER
 W.P.(C) Nos. 42099, 41371 &
40032 of 2022                     4




              MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
              SCHEME, ANGAMALY P.O., PIN - 683572,
              ERNAKULAM DISTRICT.
      5       BABY THOMAS
              AGED 58 YEARS
              W/O THOMAS, THOTTAKAM, MANICKAMANGALAM P.O.,
              PIN - 683574, ERNAKULAM DISTRICT.


              BY ADVS.
              ADVOCATE GENERAL OFFICE KERALA
              SRI.JIMMY GEORGE, GP
              DINESH MATHEW J MURIKAN
              K.A.ABHILASH(K/123/2008)
              VINOD S. PILLAI(K/631/2012)
              MOHAMMED THAYIB N.M.(K/1451/2019)
              NAYANA VARGHESE(K/283/2021)
              AHAMMAD SACHIN K.(K/001814/2019)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.09.2023, ALONG WITH WP(C) NO.40032/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos. 42099, 41371 &
40032 of 2022                     5




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
                     WP(C) NO. 42099 OF 2022


PETITIONER/S:

              BABY THOMAS,
              AGED 58 YEARS
              W/O. THOMAS, KOLLAMKUDY HOUSE, THOTTAKAM,
              MANIKAMANGALAM.P.O. ERNAKULAM DISTRICT,
              PIN-683574.
              BY ADVS.
              DINESH MATHEW J.MURICKEN
              K.A.ABHILASH
              VINOD S. PILLAI
              MOHAMMED THAYIB N.M.
              NAYANA VARGHESE
              AHAMMAD SACHIN K.
              K.S.SANGEETHA (KOOMBEL)

RESPONDENT/S:

      1       STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
              STATUTE JUNCTION, THIRUVANANTHAPURAM GENERAL P.O.,
              THIRUVANANTHAPURAM DISTRICT, PIN-695001.
      2       THE MISSION DIRECTOR,
              MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
              SCHEME, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE
              COMPOUND, THIRUVANANTHAPURAM-695033.
      3       THE DISTRICT COLLECTOR, ERNAKULAM,
 W.P.(C) Nos. 42099, 41371 &
40032 of 2022                     6




              OFFICE OF DISTRICT COLLECTOR, COLLECTORATE,
              CIVIL STATION.P.O, KAKKANAD,
              ERNAKULAM DISTRICT, PIN-682030.
      4       KALADY GRAMA PANCHAYAT,
              KALADY.P.O., ERNAKULAM DISTRICT,
              PIN-683574, REPRESENTED BY ITS SECRETARY.

      5       THE SECRETARY, KALADY GRAMA PANCHAYAT,
              KALADY.P.O., ERNAKULAM DISTRICT, PIN-683574.

      6       THE ASSISTANT ENGINEER (LSGD)
              KALADY GRAMA PANCHAYAT, KALADY.P.O.,
              ERNAKULAM DISTRICT, PIN-683574.
      7       BLOCK PROGRAMME OFFICER, ANGAMALY,
              ANGAMALY BLOCK PANCHAYAT OFFICE,
              ANGAMALY.P.O., ERNAKULAM DISTRICT, PIN-683 572.
      8       JOINT PROGRAMME COORDINATOR,
              POVERTY ALLEVIATION UNIT, 3RD FLOOR,
              CIVIL STATION, KAKKANAD, KOCHI, PIN-682030.

              BY SRI. JIMMY GEORGE, GP
              SRI.WILSON URMESE, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.09.2023, ALONG WITH WP(C) NO.40032/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos. 42099, 41371 &
40032 of 2022                          7




                                JUDGMENT

Baby Thomas, the petitioner in W.P.(C) No.42099 of 2022, had

functioned as an Overseer under the Mahatma Gandhi National Rural

Employment Guarantee Scheme (MGNREG) in Kalady Grama Panchayat. She

has filed the writ petition challenging the inaction of the Secretary, Kalady

Grama Panchayat, in renewing the contract for a further period of two years.

She has also sought a direction to the 5th respondent to implement the

directions in Ext.P15 order issued by the 8th respondent.

2. W.P.(C) No.41371 of 2022 is filed by the Kalady Grama Panchayat

challenging Exts.P7 Circular dated 29.7.2022 issued by the 2nd respondent.

The Panchayat has also challenged the re-assessment of the appraisal score

by the Block Program Officer (BPO) and also Ext.P8 letter issued by the 3rd

respondent to act in terms of Ext.P7. They have also sought a declaration

that the 5th respondent is not entitled to continue as Overseer in the Kalady

Grama Panchayat.

3. W.P.(C) No.40032 of 2022 is filed by Smt. Hashmi Kuttan M, a W.P.(C) Nos. 42099, 41371 &

person who was appointed in the place of the petitioner in W.P.(C) No.42099

of 2022. She has approached this court seeking to quash Ext.P13 circular and

Ext.P14 order and for further direction to the Kalady Panchayat to continue

the petitioner's service as an Accredited Overseer.

4. As common issues are involved, these writ petitions are considered

and disposed of by a common judgment. The parties shall be described as

stated in W.P.(C) No.42099 of 2022 and shall be referred by their names for

clarity.

5. Short facts are as under:

The Central Government had enacted the Mahatma Gandhi National

Rural Employment Guarantee Act to ensure 100 working days for two family

members in a year. Smt.Baby Thomas was appointed as an Accredited

Overseer in the 4th respondent Panchayat on 1.6.2012. The appointment

was initially for a period of one year and thereafter was extended from time

to time. Her tenure expired on 31.5.2022. While so, the Government came

out with Ext.P4 order, as per which a decision was taken to extend the period

of contract employees under the MGNREGA Scheme for a period of two years W.P.(C) Nos. 42099, 41371 &

after conducting a performance appraisal. Consequently, Ext.P5 Circular was

issued by which the contract employees who secured a score of more than

55% were entitled to renewal of employment contract for a period of two

years. The performance appraisal was to be carried out by the Panchayat

President, the Panchayat Secretary, the Assistant Engineer (LSGD), and the

Block Programme Officer. During the performance appraisal that was carried

out, Smt. Baby Thomas secured 38.07% marks. As the marks secured were

less than the minimum score prescribed by the Mission Director, she was not

granted an extension of the contract. In other words, her tenure expired on

31.5.2022. While so, the Mission Director came out with Ext.P6 Circular, as

per which the required score for extension of the contract was lowered to

40% score in the performance appraisal.

6. Immediately thereafter, the Panchayat conducted a fresh

selection to fill up the post of Overseer, and after following the procedure,

Smt. Hashmi Kuttan was appointed to the post on 27.10.2022.

7. Complaining that Smt. Baby Thomas was victimized, and low

marks were given to her on account of her husband filing a complaint against W.P.(C) Nos. 42099, 41371 &

the panchayat, she approached this Court and filed W.P.(C) No.31650/2022.

The prayer of the petitioner was that she had preferred a representation

before the State Mission, and her request was for consideration of the same.

The learned Government Pleader submitted that her representation would be

considered by the Joint Programme Co-ordinator (JPC), Ernakulam, and based

on the submissions, directions were issued to the JPC to consider and take a

decision by judgment dated 14.10.2022. It was made clear that an

appointment made pursuant to Ext.P12 would be provisional.

8. On the cover of the directions issued by this Court, the JPC

heard the parties on 16.11.2022 and thereafter directed the Block Programme

Officer (BPO) to re-evaluate the score. The BPO, on the strength of the

directions issued, reworked the marks and came to the conclusion that Smt.

Baby Thomas ought to have been awarded 54.14% of marks. After awarding

marks as aforesaid, directions were issued to the Panchat to renew the

contract of the petitioner as an Overseer under the Scheme. The grievance of

Smt. Baby Thomas is that the Panchayat is refusing to implement the

directions issued by the JPC.

W.P.(C) Nos. 42099, 41371 &

9. Sri. Dinesh Mathew Murickan, the learned counsel, submitted

that the performance appraisal was wrongly done by the committee as they

had an axe to grind against the petitioner. Her husband had lodged a

complaint against the panchayat for tendering certain works to favour certain

individuals. It is in the afore circumstances that the Secretary as well as the

Assistant Engineer had intentionally given the petitioner low marks. The BPO

had re-evaluated the marks in the light of the orders and circulars issued by

the authorities and granted the petitioner 54.14% of marks. It is further

submitted that this Court had made it clear that the appointment of Smt.

Hashmi Kuttan would be provisional and subject to the score to be obtained

by the petitioner. It is further submitted that respondents 4 and 5 are bound

to comply with the directions issued by the 8th respondent and grant an

appointment to the petitioner.

10. Sri. Wilson Urmese, the learned counsel appearing for the

Panchayat, submitted that this Court had directed the JPC to consider the

representation and take a decision. Instead of complying with the directions,

the JPC had directed the BPO to re-evaluate the score. This, according to W.P.(C) Nos. 42099, 41371 &

the learned counsel, is not in tune with the directions issued by this Court.

The learned counsel would point out that the BPO, without any idea as to the

work done by Smt. Baby Thomas has reworked the marks without any

rationale. He would point out that the BPO has simply decided that the marks

awarded by the Secretary, President, and the AE for various activities carried

out by Smt. Baby Thomas was on the lower side and proceeded to grant her

full marks for the said activity. The learned counsel would urge that by

issuing circulars and orders diluting the minimum marks to be obtained during

a performance appraisal, the respondents 2, 7, and 8 have nullified the

independence of the Panchayat Raj Institutions and have encroached upon

their powers.

11. Sri. Anand, the learned counsel, has supported the submissions

of the learned Standing Counsel appearing for the Panchayat. He would point

out that neither the JPC nor the BPO has been conferred with the authority to

act as an appellate authority and determine the score that ought to have

been granted to Smt. Baby Thomas. Only the members of the Committee

could have appraised the score that was to be awarded to the Overseer. He W.P.(C) Nos. 42099, 41371 &

would point out that a mere perusal of the score awarded by the BPO for

maintaining the 'M' Book would reveal how faulty the determination of the

score was.

12. Sri. Jimmy George, the learned Government Pleader, submitted

that though it would appear that the BPO had evaluated the score, the fact

remains that in terms of the directions issued by this Court, the JPC had

heard the parties on 16.11.2022 and directions were issued to the BPO to do

the appraisal. It is submitted that the BPO had evaluated the entire records

and had concluded that the score awarded was pitiably low. It is further

submitted that for certain activities, score can either be zero or full and

cannot be intermediate.

13. I have considered the submissions advanced.

14. I find that in terms of the Circulars, Orders, and directions, the

performance appraisal of the Overseers was carried out by a team comprising

the Panchayat President, the Panchayat Secretary, the Assistant Engineer

(LSGD) and the BPO. As per the orders and circulars, for the renewal of the

contract, a minimum score of 55% was required. Later, the same was diluted W.P.(C) Nos. 42099, 41371 &

and was lowered down to 40%. In the original appraisal, the score obtained

by the petitioner was 38.07%. Smt. Baby Thomas filed a representation

complaining that the marks awarded were very less and that she was

victimized. This Court had directed the JPC to look into the matter and take a

decision. What the JPC has done was to direct the petitioner to the BPO, and

the said officer was ordered to conduct a reappraisal. Ext.P14 is the report of

the BPO after conducting the reappraisal of the score. A perusal of Ext.P14

issued by the BPO would reveal that the JPC had heard the parties on

16.11.2022. However, no records have been placed before this Court to

substantiate that the JPC had occasion to consider the representation and

take a decision as ordered by this Court. Be that as it may, it appears from

Ext.P14 that the BPO has taken upon himself the task of re-evaluating the

marks. He has prepared separate tables detailing the marks that could be

awarded, the marks that have been awarded, and the marks to which the

petitioner was entitled.

15. It is difficult to understand the rationale by which such a course

was adopted by the BPO. He has not stated as to whether any inputs were W.P.(C) Nos. 42099, 41371 &

obtained from the original committee members. The irrationality in awarding

the score would be discernible by just extracting the score for keeping the 'M'

book.

എം.ബുക്ക് ക്യത്യമായും സമയബന്ധിതമായും എഴുതി സൂക്ഷിക്കുന്നത്

നൽകാവുന്ന സ്കോർ നല്കിയ പുന ക്രമീകരിച്ച ഇനം സ്കോർ സ്കോർ

രേഖപെടുത്തൽ

ഉൾപ്പെടെ എം.ബുക്കിൽ രേഖപ്പെടുത്തുന്നുണ്ടോ

16. For accurate notation in the 'M' Book, the maximum attainable

score is one. Both the Committee and the BPO allocated zero marks to the

petitioner for tasks including pre-measurement, material stacking, and memo

of payment. Meanwhile, accurate measurement entries could garner up to five W.P.(C) Nos. 42099, 41371 &

marks. Here, the Committee awarded one mark, while paradoxically, the BPO

allotted five. It is perplexing to observe the awarding of zero marks for

individual tasks and full marks for the aggregate task, which inherently

includes all the individual tasks. It is evident, therefore, that the BPO's

re-evaluation lacks thoughtful deliberation. This discrepancy is similarly noted

in the scoring of other categories as well. As the JPC was directed to address

the grievances by this Court, there was no reason why the task was entrusted

to the BPO. The Panchayat Secretary and the Assistant Engineer may have

had substantial reasons to award lesser marks for the work carried out over

an extensive period.

17. Furthermore, it was in the exercise of powers under Section

166(2) of the Panchayath Raj Act, that Panchayath carried out a fresh

selection process and went on to select the most eligible candidate. In the

facts and circumstances, I find no reason to issue directions to unsettle the

action taken by the Panchayat on the strength of an illegal and unsustainable

exercise carried out by the JPC and the BPO.

In view of the discussion above, these writ petitions are disposed of by W.P.(C) Nos. 42099, 41371 &

ordering as under:

a. W.P.(C) No.42099 of 2022 will stand dismissed. There will be

no order as to costs.

b. W.P.(C) No.40032/2022 will stand allowed. Exhibit P14 will

stand quashed. There will be a direction to the Kalady Grama

Panchayath to continue with the service of the petitioner in the

writ petition as an Accredited Overseer.

c. WP (C) No. 41371 of 2022 will stand allowed. It is held that

the 5th respondent in the above writ petition is not entitled to

continue as 'Overseer" in the Panchayat under the MGNREGA

Scheme.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS/27/9/2023 W.P.(C) Nos. 42099, 41371 &

APPENDIX OF WP(C) 41371/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF G.O.(ORD)NO.1149/2021/LSGD DATED 15.06.2021 ISSUED BY 1ST RESPONDENT Exhibit P2 TRUE COPY OF G.O.(ORD)NO.1559/2022/LSGD DATED 30.06.2022 ISSUED BY 1ST RESPONDENT Exhibit P3 TRUE COPY OF CIRCULAR DATED 08.07.2022 ISSUED BY 2ND RESPONDENT Exhibit P4 TRUE COPY OF CIRCULAR NO.NREGA/372/2022-A3 DATED 23.07.2022 ISSUED BY 2ND RESPONDENT Exhibit P5 TRUE COPY OF PERFORMANCE SCORE APPRAISAL PUBLISHED BY 4TH RESPONDENT Exhibit P6 TRUE COPY OF JUDGMENT DATED 14.10.2022 IN W.P.(C) NO.31650/2022 ISSUED BY THIS HON'BLE COURT Exhibit P7 TRUE COPY OF CIRCULAR NO.NREGA/372/2022-A3 DATED 29.07.2022 ISSUED BY 2ND RESPONDENT Exhibit P8 TRUE COPY OF ORDER NO.3014/22 DATED 18.11.2022 ISSUED BY 4TH RESPONDENT Exhibit P9 TRUE COPY OF LETTER NO.D.1.2684/2022/PAU(1) DATED 23.11.2022 ISSUED BY 3RD RESPONDENT W.P.(C) Nos. 42099, 41371 &

APPENDIX OF WP(C) 42099/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF INTERVIEW LETTER TO THE POST OF OVERSEER ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT PANCHAYAT DATED 15.05.2012.

Exhibit P2                    TRUE   COPY    OF   ORDER     APPOINTING   THE
                              PETITIONER TO THE POST OF OVERSEER IN THE
                              4TH     RESPONDENT       PANCHAYAT       DATED
                              05.06.2012.
Exhibit P3                    TRUE COPY OF THE REPORT ON NON-MATERIAL
                              WORK SUBMITTED BY THE PETITIONER BEFORE
                              THE 7TH RESPONDENT.
Exhibit P4                    TRUE   COPY    OF   THE    GOVERNMENT    ORDER
                              G.O(ORDINARY)     NO.1559/2022/LSGD      DATED
                              30.06.2022
Exhibit P5                    TRUE      COPY      OF       THE      CIRCULAR
                              NO.NREGA/372/2022-A3 ISSUED BY THE 2ND
                              RESPONDENT.
Exhibit P6                    TRUE      COPY      OF       THE      CIRCULAR
                              NO.NREGA/372/2022-A3      DATED     23.07.2022
                              ISSUED BY THE 2ND RESPONDENT.
Exhibit P7                    TRUE   COPY OF THE LIST SHOWING THE
                              PERFORMANCE    APPRAISAL     SCORE   OF   EACH
                              CONTRACT    EMPLOYEES   IN     VARIOUS   GRAMA
                              PANCHAYATS.
Exhibit P8                    TRUE COPY OF THE PERFORMANCE APPRAISAL
                              MARK SHEET ISSUED BY THE 7TH RESPONDENT.
Exhibit P9                    TRUE COPY OF THE COMPLAINT LODGED BY THE

PETITIONER'S HUSBAND DATED 21.03.2022.

Exhibit P10 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 06.08.2022.

Exhibit P11 TRUE COPY OF THE COMPLAINT FILED BY THE W.P.(C) Nos. 42099, 41371 &

PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.08.2022.

Exhibit P12 TRUE COPY OF THE NEWSPAPER EVIDENCING THAT THE 4TH RESPONDENT PANCHAYAT HAD CALLED FOR APPLICATIONS FOR APPOINTMENT OF OVERSEER PUBLISHED ON 28.09.2022.

Exhibit P13 TRUE COPY OF THE JUDGMENT IN WP (C) NO.31650/2022 PASSED BY THIS HONOURABLE COURT DATED 14.10.2022.

Exhibit P14 TRUE COPY OF THE ORDER REVALUING THE PERFORMANCE APPRAISAL SCORE OF THE PETITIONER DATED 18.11.2022.

Exhibit P15 TRUE COPY OF THE ORDER NO.D.1.2684/2022/P.A.U-(1) ISSUED BY THE 8TH RESPONDENT TO THE 5TH RESPONDENT DATED 23.11.2022.

W.P.(C) Nos. 42099, 41371 &

APPENDIX OF WP(C) 40032/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE DECISION NO. 9/1 DATED 28.06.2022 ADOPTED BY RESPONDENT NO. 5 IN FILE NO. 9/1 Exhibit-P2 TRUE COPY OF THE ORDER DATED 30.06.2022 ISSUED BY RESPONDENT NO.1 IN NO. GO(RT) NO. 1559/2022/LSGD Exhibit-P3 TRUE COPY OF THE CIRCULAR DATED 18.07.2022 ISSUED BY RESPONDENT NO. 2 IN FILE NO. NREGA/372/2022-A3 Exhibit-P4 TRUE COPY OF THE CIRCULAR DATED 23.07.2022 IN NO. NREGA/372/2022-A3

Exhibit-P5 TRUE COPY OF DECISION NO. 1 OF THE RESOLUTION DATED 26.09.2022 ADOPTED BY RESPONDENT NO. 5 PANCHAYAT IN FILE NO.

A3-9373/22 Exhibit-P6 TRUE COPY OF THE NOTIFICATION DATED 27.09.2022 ISSUED BY RESPONDENT NO.5 IN NREGS 3872/22 Exhibit-P7 TRUE COPY OF THE DEGREE CERTIFICATE DATED 20.12.2017 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER Exhibit-P8 TRUE COPY OF THE DETAILS OF CANDIDATES PLACED BEFORE THE INTERVIEW BOARD POST OF

PANCHAYAT Exhibit-P9 TRUE COPY OF THE INTERVIEW MARKS TO THE POST OF ACCREDITED OVERSEER AT RESPONDENT NO. 5 PANCHAYAT Exhibit-P10 TRUE COPY OF THE JUDGMENT DATED 14.10.2022 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 31650 OF 2022 W.P.(C) Nos. 42099, 41371 &

Exhibit-P11 TRUE COPY OF THE APPOINTMENT ORDER DATED

Exhibit-P12 TRUE COPY OF THE AGREEMENT FOR CONTRACT STAFF EXECUTED BY THE PETITIONER WITH

Exhibit-P13 TRUE COPY OF THE CIRCULAR DATED 29.07.2022 ISSUED BY RESPONDENT NO. 2 IN NO. NREGA/372/2022-A3 Exhibit-P14 TRUE COPY OF THE ORDER DATED 18.11.2022 ISSUED BY RESPONDENT NO. 4 IN ORDER NO.

3014/22

RESPONDENT EXHIBITS

Exhibit R6(a) TRUE COPY OF THE GOVERNMENT ORDER G.O(ORDINARY) NO. 1559/2022/LSGD DATED 30.06.2022 Exhibit R6(b) TRUE COPY OF THE CIRCULAR NO.NREGA/372/2022-A3 ISSUED BY THE 2ND RESPONDENT Exhibit R6(c) TRUE COPY OF THE CIRCULAR NO.NREGA/372/2022-A3 DATED 23.07.2022 ISSUED BY THE 2ND RESPONDENT Exhibit R6(d) TRUE COPY OF THE LIST SHOWING THE PERFORMANCE APPRAISAL SCORE OF EACH CONTRACT EMPLOYEES IN VARIOUS GRAMA PANCHAYATS

 
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