Petitioner, a contractual Legal-cum-Probation Officer, challenged the non-extension of his appointment order under the Integrated Child Protection Scheme. The Court held that contractual employees have no right to extension after term expiry and dismissed the writ petition.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941
WP(C).No.13790 OF 2019(W)
PETITIONER:
V.V.ANISH, AGED 39 YEARS, VARAMBUMPLACKAL HOUSE, KODIKKULAM P.O., CHALAKKUMUKKU, THODUPUZHA, IDUKKI DT., - 685 582.
BY ADVS. SRI.TITUS MANI SRI.BINNY THOMAS
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT, TRIVANDRUM - 695 001.
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURAM, THIRUVANATHAPURAM,PIN-695001(ADDL,.R5 IMPLEADED AS PER ORDER DATED 20.5.2019 IN IA.NO, 1/2019 IN THE WP(C))
R1-5 BY GOVERNMENT PLEADER S. KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.08.2019, THE COURT ON 03.10.2019 DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 3rd day of October, 2019
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and that Ext.P8 report submitted by the State Child Protection Society [Director of Social Justice] exonerated the petitioner. It is, therefore, contended that the order refusing to extend the contract of the petitioner is discriminatory and unreasonable, hence liable to be set aside.
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said extension.
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Performance Appraisal Report. The respondents contend that there were complaints raised against the petitioner and that his performance appraisal report does not justify the extension of the contract in this case.
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have any right to claim that their engagement is liable to be continued even after the term of their contract is expired. The decision was rendered after considering the specific provisions on Ext.R1(a) Scheme and Ext. R1(b) guidelines.
The Writ Petition fails and the same is accordingly dismissed.
Sd/-
ANU SIVARAMAN
JUDGE
kmd
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY PRESIDENT OF KERALA |
OF MEMORANDUM OF UNDERTAKING BETWEEN THE OF INDIA AND THE GOVERNOR OF THE STATE FOR THE IMPLEMENTATION OF ICPS. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY | OF NOTIFICATION DT.06/04/2015. |
| EXHIBIT P3 | A TRUE COP 12/11/2015 |
Y OF THE APPOINTMENT ORDER DT. . |
| EXHIBIT P4 | TRUE COPY 16/01/2019 DEVELOPMEN |
OF THE ORDER NO.ICPS-5/16292/18 DATED FROM THE DIRECTOR, WOMEN AND CHILD T. |
| EXHIBIT P5 | TRUE COPY SUPERINTEN KOTTAYAM. |
OF COMPLAINT DT. 7/10/2017 BY DENT, GOVERNMENT CHILDREN'S HOME, |
| EXHIBIT P6 | TRUE COPY CHILD PROT |
OF THE LETTER DT. 13/10/2017 BY DISTRICT ECTION OFFICER, KOTTAYAM. |
| EXHIBIT P7 | TRUE COPY 27/11/2017 |
OF ORDER ICPS-3/29220/17 DATED . |
| EXHIBIT P8 | TRUE COPY | OF THE ENQUIRY REPORT. |
| EXHIBIT P9 | TRUE COPY PROTECTION |
OF REPORT DT.30/5/2018 BY DISTRICT CHILD OFFICER, IDUKKI. |
| EXHIBIT P10 | TRUE COPY POLICE STA |
OF THE POLICE REPORT OF THE MARAYUR TION DATED 6/10/2017 |
| EXHIBIT P11 | TRUE COPY FATHER OF |
OF THE DEPOSITION DATED 6/10/2017 OF THE THE CHILD MANIKANDAN |
| EXHIBIT P12 | TRUE COPY COMMITTEE |
OF THE ORDER SHEET OF THE CHILD WELFARE IN OP NO.309/2017 DATED 6/10/2017 |
| **RESPONDENT'S ** | EXHIBITS: | |
| EXHIBIT R1 A | TRUE COP | Y OF THE RELEVANT EXTRACT OF THE SCHEME |
| EXHIBIT R1 B | TRUE COP IMPLEMEN |
Y OF THE RELEVANT EXTRACT OF THE TATION GUIDELINES OF THE SCHEME. |
2 issues framed by the court
Whether a contractual employee engaged under a fixed-term agreement can claim continuation of service beyond the contract period.
Whether the High Court can intervene in the decision of authorities not to extend a contract where the initial term has expired and dismissal is based on appraisal reports.
V.V. Anish
State of Kerala
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
