In this single bench judgment, the Kerala High Court dismissed the writ appeal. The court observed that the petitioner's employment was on a contract basis with the term expired and noted no evidence that her service was co-terminous with the scheme.
The writ appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940
WA.No. 243 of 2019
AGAINST THE JUDGMENT DATED 19.11.2018 IN WP(C) 13660/2018 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SEEMA T.K.,AGED 43 YEARS, W/O. PRAMODAN KAVIL, PONNUNDIL HOUSE, MUZHAPPILANGAD, MUZHAPPILANGAD P.O., KANNUR - 670 662.
BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA KUM.THULASI K. RAJ SMT.MAITREYI SACHIDANANDA HEGDE SMT.RIYA RAYMOL IYPE SRI.VARUN C.VIJAY
RESPONDENTS/RESPONDENTS:
1 MUZHAPPILANGAD GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT, MUZHAPPILANGAD GRAMA PANCHAYAT, EDAKKADU P.O., KANNUR DISTRICT - 670 663.
2 SECRETARY,MUZHAPPILANGAD GRAMA PANCHAYAT, EDAKKADU P.O., KANNUR DISTRICT - 670 663.
4 GRAMA VIKASANA COMMISSIONER & MISSION DIRECTOR, GRAMA VIKASANA COMMISSIONERATE, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, FIRST FLOOR,PUNARJANI,TC, THIRUVANANTHAPURAM-695 001.
W.A.No.243/2019
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6 RAJEENA RAJ, D/O. RAJAN T., USHUS, PALLIPRAM, P.O. MANDAYAD, VARAM, KANNUR DISTRICT, NOW WORKING AS ACCOUNTANT-CUM-DATA ENTRY OPERATOR, MUZHAPPILANGAD GRAMA PANCHAYAT, EDAKKADU P.O., KANNUR - 670 662.
BY ADV. SRI.C.P.PEETHAMBARAN SRI.ANTONY MUKKATH-GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.243/2019
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JUDGMENT
Chitambaresh, J.
The appointment of the petitioner was on contract basis and the term of employment is also over. Nothing has been brought out to show that her employment is co-terminous with the scheme for which the petitioner was employed. The services of the petitioner has been terminated and a fresh contract has been entered into by the panchayat with the additional sixth respondent. The learned single Judge has meticulously analysed all the legal and factual aspects and no infirmity at all.
The writ appeal is dismissed.
Sd/-
V. CHITAMBARESH JUDGE
Sd/-
A.M. BABU JUDGE
ncd
W.A.No.243/2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE ORDER DATED 3.8.2018 IN W.A.NO.1570/2018. ANNEXURE II TRUE COPY OF THE INTERIM ORDER DATED 1.11.2017 IN W.A.NO.1417/2017. ANNEXURE III TRUE COPY OF THE ORDER DATED 2.2.2017 IN DIARY NO.41387/2017. ANNEXURE IV TRUE COPY OF THE ORDER DATED 5.2.2018 IN O.A.NO.2018/2016.
1 issue framed by the court
Whether the employment of the petitioner on a contract basis was regularised or had co-terminus with the scheme.
Seema T.K.
Muzhappilangad Grama Panchayat
Rajeena Raj
V. Chitambaresh
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
