Kerala High Court
Jayakumari.G vs State Of Kerala on 5 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67426
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 24562 OF 2024
PETITIONER:
JAYAKUMARI.G.
AGED 47 YEARS
W/O.RAJEEV.S., ACCOUNTANT CUM IT ASSISTANT, THE
KIZHAKKEKALLADA GRAMA PANCHAYATH, KIZHAKKEKALLADA P.O.,
RESIDING AT RAJNIVAS, KANJAVELI PO., P
RAKKULAM, KOLLAM, PIN - 691 602.
BY ADV ADARSH S
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
LOCAL SELF DEPARTMENT,SECRETARIT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE PRINCIPAL DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE MISSION DIRECTOR
THE MAHATHMA GANTHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME(MGNREGS), VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THR DISTRICT COLLECTOR AND THE DISTRICT PROGRAMME
COORDINATOR
THE MAHATMA GANTHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME(MGNREGS), COLLECTORATE, KOLLAM,
PIN - 695 001.
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5 THE JOINT PROGRAMME COORDINATOR,
THE MAHATMA GANTHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME(MGNREGS), DISTRICT PANCHAYATH CAMPUS,
THEVALLY P.O., KOLLAM, PIN - 691 809.
6 THE BLOCK PROGRAMME OFFICER,
THE MAHATMA GANTHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME(MGNREGS), CHITTAMALA BLOCK,
CHITTAMALA P.O., KOLLAM, PIN - 691 809.
7 THE KIZHAKKE KALLADA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KIZHAKKE KALLADA P.O.,
KOLLAM, PIN - 691 502.
8 THE SECRETARY,
KIZHAKKE KALLADA GRAMA PANCHAYATH., KIZHAKKE KALLADA P.O,
KOLLAM, PIN - 691 502.
BY ADVS.
M.R. SASITH PANICKER, STANDING COUNSEL
K.A. ROSEFLY, STANDING COUNSEL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is working as Data Entry Operator
Cum Accountant under the Mahatma Gandhi National
Rural Employment Guarantee Scheme (MGNREGS) in the
7th respondent Panchayat on contract basis for the last 10
years. The 8th respondent, the Secretary of the
Panchayat has issued Ext.P8 order terminating the service
of the petitioner stating that the period of contract is
over. The petitioner has filed this writ petition
challenging Ext.P8 order and contending that she is
entitled to get the contract renewed on the basis of
Ext.P5 Government Order.
2. This Court, by order dated 30.07.2024, directed
the 8th respondent, to conduct a performance appraisal
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in respect of the petitioner and submit a report to the 6 th
respondent within a period of ten days.
3. The learned Senior Counsel for the Panchayat
submits that pursuant to the direction of this Court on
30.07.2024, performance appraisal in respect of the
petitioner was conducted.
4. The learned Counsel for the petitioner submits
that the performance appraisal is incomplete.
5. The question regarding the extension of the
period of contract of the petitioner is to be decided by
the 7th respondent in the light of Ext.P5 and other
Government orders and circulars issued in this regard.
The instructions so issued insist for an appraisal report in
respect of the employee. Since a performance appraisal
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in respect of the petitioner has been conducted and a
report submitted, there will be a direction to the 7 th
respondent to take a decision with regard to the
extension of contract of the petitioner within 15 working
days from the date of receipt of a copy of this
judgment, after hearing the petitioner and in accordance
with law. Till such time a decision is taken, the
interim order passed by this Court on 09.07.2024 shall
continue.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:67426
APPENDIX OF WP(C) 24562/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE SECRETARY
MANTROTHURUTH GRAMA PANCHAYATH DATED
24/04/2008.
EXHIBIT P2 A TRUE COPY OF THE GOVERNMENT ORDER DATED
30.06.2022, ISSUED BY THE ADDITIONAL SECRETARY,
SELF GOVERNMENT(DD) DEPARTMENT.
EXHIBIT P3 A TRUE COPY OF THE LETTER OF AGREEMENT FOR
CONTRACT LIST BY THE PETITIONER AND THE 8TH
RESPONDENT DATED DATED 06.08.2022.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 06.08.2022 ISSUED
BY THE 6TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE GOVERNMENT ORDER DATED
29.06.2024 ISSUED BY THE ADDITIONAL SECRETARY
LOCAL SELF GOVERNMENT (DD) DEPARTMENT.
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR DATED 02.07.2024
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 01.07.2024 ISSUED
BY THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 01.07.2024 ISSUED
BY THE 8TH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE GOVERNMENT ORDER DATED
05.07.2012 ISSUED BY THE UNDER SECRETARY OF THE
LOCAL SELF GOVERNMENT (ERA) DEPARTMENT.
EXHIBIT P10 A TRUE COPY OF THE CIRCULAR DATED 23.07.2022
ISSUED BY THE DEPUTY DEVELOPMENT COMMISSIONER
(IT).
EXHIBIT P11 A TRUE COPY OF THE LETTER NO.NREGA/KOL/264/2023
DATED 05.07.2024 ISSUED BY THE 4TH RESPONDENT.
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EXHIBIT P12 A TRUE COPY OF THE LETTER NO.
NREGA/KOL/254/2023-A7DATED 01.07.2024 ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P13 A TRUE COPY OF THE LETTER NO.C3/1974/2024 DATED
06.07.2024 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P14 A TRUE COPY OF THE LETTER NO.
NREGA-KOL/264/2023-A7 DATED 18.07.2024 ISSUED BY
THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT-R7(a) TRUE COPY OF THE REQUEST LETTER OF THE
ASSISTANT ENGINEER SUBMITTED BEFORE THE
PRESIDENT OF THE PANCHAYATH DATED 22.04.2024.
EXHIBIT-R7(b) TRUE COPY OF THE COMPLIANT SUBMITTED BY THE
PANCHAYATH PRESIDENT DATED 01.07.2024.
EXHIBIT-R7(c) TRUE COPY OF THE LETTER ISSUED BY THE PRESIDENT
OF THE EAST KALLADA GRAMA PANCHAYATH TO THE
SECRETARY OF THE PANCHAYATH DATED 09.07.2024.
EXHIBIT-R7(d) TRUE COPY OF THE RESOLUTION NO.1 TAKEN BY THE
PANCHAYATH COMMITTEE MEETING HELD ON
10.07.2024.
EXHIBIT-R7(r) TRUE COPY OF COMMUNICATION DATED 15.07.2024
ISSUED BY THIS RESPONDENT TO RESPONDENT NO.5.
