Kerala High Court
Upputhara Grama Panchayath vs State Of Kerala on 20 June, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 44858 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 44858 OF 2024
PETITIONER:
UPPUTHARA GRAMA PANCHAYATH
REPRESENTED BY ITS PRESIDENT
UPPUTHARA PO IDUKKI, PIN - 685 505
BY ADVS.
SMT.M.U.VIJAYALAKSHMI
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE APPRAISAL COMMITTEE
REPRESENTED BY JOINT DIRECTOR OF PANCHAYATHS
DPRC BUILDING, KUYILIMALA PAINAVU PO,
IDUKKI, PIN - 685 603
3 SRI. BIPIN THOMAS
AGED 35 YEARS
S/O THOMAS WORKING AS TECHNICAL ASSISTANT
UPPUTHARA GRAMA PANCHAYATH UPPUTHARA PO,
IDUKKI, PIN - 685 505
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44858 OF 2024
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T.R.RAVI.J
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WP(C) No.44858 of 2024
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Dated this the 20th day of June, 2025
JUDGMENT
The writ petition has been filed by the Panchayat
represented by the President challenging Ext.P10
communication issued by the Appraisal Committee pursuant to
directions issued by this Court in Ext.P8 judgment in
WPC.No.20101 of 2024. The issue involved is regarding the
continuance of the 3rd respondent as Technical Assistant in the
Panchayat. Earlier, the President of the Panchayat had by
Ext.P7 order, suspended the 3rd respondent. The said order of
suspension was challenged in WPC No.20101 of 2024. This
Court set aside the order of suspension and issued the
following directions;
"i) Ext.P7 stands quashed.
(ii) The extension of the period of the contract of the petitioner
is to be taken care of by the Appraisal Committee, to be
constituted as per Ext.P9.
(iii) There will be a direction to the 2nd respondent to
constitute the Appraisal Committee in respect of the 3rd
respondent Panchayat within a period of 3 weeks from today,
and the petitioner's case for renewal or termination is to be
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decided by the said Appraisal Committee. Since the petitioner
is continuing in service on the basis of the interim order of the
Kerala Administrative Tribunal and this court dated 4.2.2024, I
deem it appropriate to direct respondent Nos.3 and 4 to allow
the petitioner to continue in the post of Technical Assistant, till
Appraisal Committee takes a final decision as directed above."
2. The above directions were issued after finding that
the power is vested with the Appraisal Committee to extend
the period of contract or to terminate a Technical Assistant in
the Panchayat and it is for the Appraisal Committee to take a
final decision. By Ext.P10, the Appraisal Committee opined that
the 3rd respondent may be issued a censure and asked to
carryout the work entrusted to him and to behave in a proper
manner with the members of the Executive Committee of the
Panchayat. It is also for the Panchayat to take necessary
action, if there is any truth in the allegations contained in the
memo dated 02.03.2024. There is also a direction to permit
the 3rd respondent to continue till the expiry of the period and
to take a fresh decision based on the decision of the Panchayat
Committee. The directions of the Appraisal Committee are not
in consonance with the directions issued by this Court in
Ext.P8 nor are they in consonance with the Government
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Orders. When question of continuation is a matter to be
decided by the Appraisal Committee, the same should not
have been relegated again by the Panchayat. A specific
decision should have been taken by the Appraisal Committee
regarding the continuance of the 3rd respondent in service.
After taking such a decision, the Panchayat should have been
advised accordingly to extend the contract instead of leaving
liberty to the Panchayat to take a decision.
3. The 3rd respondent has produced Ext.R3(c), which is
a communication from the Principal Secretary of the Local Self
Government Department to the Principal Director of the Local
Self Government Department, wherein it is directed that in the
case of Technical Assistants whose contract is getting over
during 2025, their services can be extended after giving them
a service break, till a final decision is taken by the Government
in the matter. The counsel for the 3 rd respondent hence
submits that the above aspect should also be taken into
account when deciding the question on continuance of service
of the 3rd respondent.
4. In view of the above, this writ petition is disposed of
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directing the Appraisal Committee to pass orders as directed
by this Court in Ext.P8 judgment with due reference to
Ext.R3(c) dated 10.03.2024 and advise the Panchayat
regarding the extension of time of the 3 rd respondent. Positive
decision shall be taken by the Appraisal Committee and the
matter cannot be relegated to the Panchayat in view of the
directions issued by this Court in Ext.P8 judgment, wherein
this Court has held that the power is available to the
Government to extend the period of service of the Technical
Assistants. Even if orders are to be issued regarding
suspension or termination of the contract employees, the same
has to be done by the Appraisal Committee and not by the
Panchayat.
5. Even though specific contentions were raised
regarding the maintainability of the writ petition, I am not
going into such aspects since it would not serve any purpose
on the facts of this case. A decision shall be taken within six
weeks from the date of receipt of a copy of this judgment. The
petitioner as well as the respondents are directed to place a
copy of this judgment along with a copy of Ext.R3(c) before
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the Appraisal Committee for necessary action.
6. In the earlier writ petition in Ext.P8 judgment, this
Court had permitted the 3rd respondent to continue till a
decision is taken by the Appraisal Committee. Since the
decision of the Appraisal Committee as per Ext.P10 is not in
compliance with the directions issued in Ext.P8 judgment, I
deem it appropriate that the 3 rd respondent is permitted to
continue in service till the Appraisal Committee takes a
decision in the matter as directed above.
Sd/-
T.R.RAVI
sn
JUDGE
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APPENDIX OF WP(C) 44858/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF G.O (RT) NO. 1772/2012/LSGD
DATED 27.06.2012 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.
74207/IB1/2013/LSGD DATED 11.11.2024 ISSUED
BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER
GO(RT).NO.2518/2022/LSGD DATED 18.10.2022
Exhibit P4 TRUE COPY OF GO(RT)NO.247/2024/LSGD DATED
30.01.2024
Exhibit P5 TRUE COPY OF THE CHARGE MEMO NO. A1-5361/24
DATED 25.01.2024 ISSUED BY THE SECRETARY OF
THE GRAMA PANCHAYATH TO THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE SECOND MEMO OF CHARGES DATED
02.03.2024 ISSUED BY THE SECRETARY OF THE
GRAMA PANCHAYATH TO THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF ORDER NO. 1/2024 DATED
13.03.2024 ISSUED BY THE PRESIDENT OF THE
GRAMA PANCHAYATH SUSPENDING THE 3RD
RESPONDENT FROM SERVICE
Exhibit P8 TRUE COPY OF JUDGMENT DATED 21.6.2024 OF THIS
HON'BLE COURT IN WP(C) NO. 20101/2024
Exhibit P9 TRUE COPY OF THE REQUEST NO.
400564/HRDA04/GPO/2024/781 DATED 11.07.2024
SUBMITTED BY THE SECRETARY OF GRAMA PANCHAYAT
TO THE 2ND RESPONDENT
Exhibit P10 TRUE COPY OF COMMUNICATION NO.
LSGD/JD/IDK/4606/2023-A1 DATED 07.11.2024 OF
THE 2ND RESPONDENT TO THE SECRETARY OF THE
PETITIONER GRAMA PANCHAYATH ALONG WITH THE
DECISION ON 29.10.2024 ALONG WITH TYPED COPY
OF DECISION ON 29.10.2024
Exhibit P11 TRUE COPY OF LETTER DATED 20-3-2025 ISSUED BY
THE PETITIONER TO THE SECRETARY OF UPPUTHARA
GRAMA PANCHAYATH.
Exhibit P12 TRUE COPY OF COMMUNICATION
NO.LSGD/JD/IDK/4606/2023-A1 DATED 12-11-2024
ISSUED BY THE JOINT DIRECTOR, LSGD, IDUKKI TO
THE SECRETARY, UPPUTHARA GRAMA PANCHAYATH.
Exhibit P13 TRUE COPY OF THE COMPLAINT DATED 4-3-2025
SUBMITTED BY THE PETITIONER BEFORE THE
PRINCIPAL DIRECTOR, LSGD.
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Exhibit P14 TRUE COPY OF LETTER NO.SE3-113/2024 DATED 27-
3-2025 ISSUED BY THE SECRETARY, UPPUTHARA
GRAMA PANCHAYATH TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE DECISION TAKEN BY THE
PANCHAYAT COMMITTEE HELD ON 07/02/2025
SPECIFICALLY STATING THE FACT THAT THE
PANCHAYAT PRESIDENT IS NOT ALLOWED TO FILE
ANY WRIT PETITION BEFORE THIS HON'BLE COURT
AGAINST THE 3RD RESPONDENT REPRESENTING THE
PANCHAYAT
EXHIBIT R3(b) TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
2518/ 2022/ LSGD DATED 18/10/2022
EXHIBIT R3(a) THE ENGLISH TRANSLATION OF THE DECISION TAKEN
BY THE PANCHAYAT COMMITTEE HELD ON 07/02/2025
SPECIFICALLY STATING THE FACT THAT THE
PANCHAYAT PRESIDENT IS NOT ALLOWED TO FILE
ANY WRIT PETITION BEFORE THIS HON'BLE COURT
AGAINST THE 3RD RESPONDENT REPRESENTING THE
PANCHAYAT
EXHIBIT R3(b) THE ENGLISH TRANSLATION OF THE GOVERNMENT
ORDER BEARING NO. 2518/ 2022/ LSGD DATED
18/10/2022
Exhibit R3(c) TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
LSGD/IB/3/2025 DATED 10/03/2025 WITH ENGLISH
TRANSLATION
EXHIBIT R3(d) TRUE COPY OF THE LETTER SUBMITTED BY OMANA
SODARAN (MEMBER, WARD XV) DATED 7/2/2025
BEFORE THE PANCHAYAT
EXHIBIT R3(e) TRUE COPY OF THE LETTER SUBMITTED BY FRANCIS
DEVASSIA (MEMBER, WARD I) DATED 7/2/2025
BEFORE THE PANCHAYAT
EXHIBIT R3(f) TRUE COPY OF THE LETTER SUBMITTED BY EBY
PAULOSE (MEMBER, WARD XVII) DATED 7/2/2025
BEFORE THE PANCHAYAT
EXHIBIT R3(g) TRUE COPY OF THE LETTER SUBMITTED BY RESHMI
P.R. (MEMBER, WARD III) DATED 7/2/2025 BEFORE
THE PANCHAYAT
EXHIBIT R3(h) TRUE COPY OF THE LETTER SUBMITTED BY SARITA
P.S. (VICE PRESIDENT) DATED 7/2/2025 BEFORE
THE PANCHAYAT
EXHIBIT R3(i) TRUE COPY OF THE LETTER SUBMITTED BY MINI
RAJU (MEMBER, WARD XVI) DATED 7/2/2025 BEFORE
THE PANCHAYAT
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EXHIBIT R3(j) TRUE COPY OF THE LETTER SUBMITTED BY SANTHOSH
M.N. (MEMBER, WARD X) DATED 7/2/2025 BEFORE
THE PANCHAYAT
EXHIBIT R3(k) TRUE COPY OF THE LETTER SUBMITTED BY YAMUNA
BIJU (MEMBER, WARD XVIII) DATED 7/2/2025
BEFORE THE PANCHAYAT
EXHIBIT R3(l) TRUE COPY OF THE LETTER SUBMITTED BY SAJIMON
TITUS (MEMBER, WARD VIII) DATED 7/2/2025
BEFORE THE PANCHAYAT
EXHIBIT R3(m) TRUE COPY OF THE LETTER SUBMITTED BY LEELAMA
JOSE (MEMBER, WARD IX) DATED 7/2/2025 BEFORE
THE PANCHAYAT
EXHIBIT R3(n) TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
LSGD- IB1/80/2023-LSGD DATED 20/10/2023
EXHIBIT R3(o) TRUE COPY OF THE RELEVANT PAGES OF THE
ATTENDANCE REGISTER OF THE PANCHAYAT FOR THE
YEAR MARCH, 2024
