High Court of KeralaSingle JudgeDismissed

IN THE HIGH COURT OF KERALA AT ERNAKULAM - WP(C).No.15098 OF 2019(J) and connected cases

Case / Petition Number:WP(C).No.15098 OF 2019(J) and connected cases

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anu Sivaraman
Judgment Date
2019-08-16
Court Decision / Holding
These writ petitions fail and the same are accordingly dismissed.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • RESMI R S
  • TINTU TOMS
  • ANUMOL JOSEPH
  • ANJUMOL SCARIA
  • AJESH K.S.
  • PRADEEP KUMAR.V.
  • MRIDULA VINCENT
  • HAFSEENA MKP
  • ASWANY.V.S.
  • SHRUTHY.M.S.
  • SANDEEP.P.R.
  • SARATH.S.
  • NIMMIMOL.G.
  • RANJITH.V.K.
  • ANEESH KUMAR.K.
  • AISWARYA.P.M.
  • ANOOP.K.S.
  • FAISAL.A.G.
  • SHUHAIB.K.
  • VINOD.C.B.
  • DEEPA.M.
  • AMBILI MENON.T.
  • LEKSHMI.S.SOMAN
  • ANITHA.C.K.
  • ASISH JOSEPH
  • SR EEA? (additional petitioners in other WP(C)s)
  • MRIDULA VINCENT? (listed above)

Respondents

  • GOVERNMENT OF INDIA represented by Secretary to Government, Department of Women and Child Development, Shastri Bhavan, New Delhi
  • STATE OF KERALA represented by Chief Secretary to Government, Government Secretariat, Thiruvananthapuram
  • SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF SOCIAL JUSTICE, Secretariat, Thiruvananthapuram
  • SECRETARY TO GOVERNMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, Secretariat, Thiruvananthapuram
  • DIRECTOR SOCIAL JUSTICE, Directorate of Social Justice, Vikash Bhavan, Thiruvananthapuram
  • DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, Directorate of Women and Child Development, Poojappura, Thiruvananthapuram
  • DISTRICT CHILD PROTECTION OFFICER, District Child Protection Unit, K.V.M. Buildings, Annankunnu Road, Nagambadom, Kottayam
  • UNION OF INDIA represented by Secretary, Ministry of Women and Child Development (added as LR)

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri P. Ramakrishnan
  • • Smt. Preethi Ramakrishnan
  • • Sri C. Anil Kumar
  • • Smt. Asha K. Shenoy
  • • Sri Pratap Abraham Varghese
  • • Sri E.T. Jitheendraṇ
  • • Sri B. Ananthu
  • • Sri D Iljith K. Manohar
  • • Sri Kaleeswaram Raj Kumar
  • • Sri Aruna Kum Thulasi
  • • Sri K.C. Aishwarya
  • • Smt. P. Ramakrishnan
  • • Smt. Preethi Ramakrishnan
  • • Sri C. Anil Kumar
  • • Smt. Asha K. Shenoy
  • • Sri Pratap Abraham Varghese

Counsels for Respondents

  • • Sri P.Vijayakumar
  • • Sri P.K. Ramkumar
  • • Sri S.Kannan
  • • Sri Mini Gopinath
  • • Sri S.Kannan
  • • Sri Rojo Joseph Thuruthipara

Case Synopsis & Summary

The Kerala High Court, in a consolidated hearing of WP(C).15098/2019 (J) and connected petitions, examined challenges by district child protection unit staff to the termination of their contract appointments under the Integrated Child Protection Scheme (ICPS). The petitioners contended that after a due process selection and years of service, they should be retained for the duration of the ICPS, arguing that terminating one set while bringing in others would undermine the scheme’s aims. They relied on Supreme Court decisions such as Muhammed Abdul Kadir v DGP Assam and Haryana v Piara Singh to contend a right to continued engagement and to prevent arbitrary replacement of contract staff. The State and Union governments countered that ICPS appointments are expressly contractual with limited tenure (three years, extendable by two), as reflected in Ext.R1(a) and Ext.R1(b) guidelines, and that the central authorities recognize no permanent liability for the government. The court, after careful consideration, noted the specific nature of the ICPS, the contractual terms, and the guidelines, and held that the cited decisions do not apply to this scheme. It concluded that those engaged on short-term contracts have no right to continued service beyond the contractual term. Accordingly, the writ petitions were dismissed, emphasizing the necessity of flexibility in staffing to achieve the ICPS’s goals in protecting children’s rights.

Provisions of Law Cited

Integrated Child Protection Scheme (ICPS)ICPS Implementation Guidelines Ext.R1(a) (Clause 3; 3.4)G.O.(MS) No.11/2013/SJD (Kerala)G.O.(RT) No.233/2013/SJD (Kerala)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that their appointments were made after a due process selection involving written tests and interviews, and they have served without complaint. They contend that once a scheme is in force, they are entitled to continue in service for the duration of ICPS, citing Supreme Court precedents like Muhammed Abdul Kadir v. DGP Assam and State of Haryana v. Piara Singh to prevent arbitrary replacement of contract staff. They argue that the scheme envisages long-term engagement and continuity of experienced personnel for effective implementation of ICPS. They rely on the guidelines Ext.R1(a) and Ext.R1(b) and on government assurances that contractual staff should be protected under the scheme unless the contract ends.

Contentions of Respondents

The respondents contend ICPS staff are contracted for a fixed term under the scheme's implementation guidelines and GO orders, with no right to permanent continuation. They rely on Ext.R1(a) and Ext.R1(b) forbidding permanent government liability and providing for three-year contracts extendable by two years based on performance, with annual reviews. They argue that the JCPS is designed for flexibility, and the recruitment at district levels is delegated to authorities; hence, termination after contract period is permissible and in line with the scheme's objectives. They urge that the cited apex court decisions do not apply to ICPS, whose contractual nature and policy framework permit staff substitution and non-continuation when contracts end.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Muhammed Abdul Kadir v. DGP, Assam[(2009) 6 SCC 611]DistinguishedThe court distinguished this Apex Court decision as not applicable to the ICPS contractual staffing context in Kerala; the scheme and rules differ from the circumstances of Muhammed Abdul Kadir.
State of Haryana and others v. Piara Singh and Others[(1992) 4 SCC 118]DistinguishedSimilarly distinguished; its reasoning on continuation of contractual staff does not apply to the ICPS framework governing short-term contractual appointments.
Rajasthan State Roadways Transport Corporation v. Paramjeet SinghCivil Appeal No.4593 of 2019DistinguishedThe decision cited by petitioners to claim no right to continuance is distinguished as not controlling the ICPS contract-based regime under Kerala law.
Rajasree K.K. v State of KeralaW.P.(C) No.22402 of 2018PositiveKerala High Court held contractual staff under a scheme could have no right to continue beyond term; cited to support the Court’s conclusion that petitioners under ICPS have no right to continuation.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against IN THE HIGH COURT OF KERALA AT ERNAKULAM - WP(C).No.15098 OF 2019(J) and connected cases and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941** ## **WP(C).No.15098 OF 2019(J)** ## **PETITIONER/S:** - **1 RESMI R S LEGAL CUM PROBATION OFFICER, DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001, RESIDING AT PERINJERIL HOUSE, PERUNNA EAST .P.O., CHENGANASSERY, KOTTAYAM676102.** - **2 TINTU TOMS PROTECTION OFFICER, DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001** - **3 ANUMOL JOSEPH DATA ANALYST, DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001** - **4 ANJUMOL SCARIA COUNCILOR, LEGAL DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001** - **5 AJESH K.S. ASSISTANT CUM DATA ENTRY OPERATOR, DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001** - **6 PRADEEP KUMAR.V. ACCOUNTANT, DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001** **BY ADVS. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **2** ## **RESPONDENT/S:** - **1 GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAWAN, NEW DELHI-110001.** - **2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF SOCIAL JUSTICE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **4 SECRETARY TO GOVERNMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT SECRTARIAT, THIRUVANANTHAPURAM-695001.** - **5 DIRECTOR SOCIAL JUSTICE, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.** - **6 DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA, THIRUVANANTHAPURAM-695012.** - **7 DISTRICT CHILD PROTECTION OFFICER, DISTRICT CHILD PROTECTION UNIT, K.V.M.BUILDINGS, ANNANKUNNU ROAD, NAGAMBADAM, KOTTAYAM-686001** **R1 BY ADV. SRI.P.VIJAYAKUMAR** ## **OTHER PRESENT:** ## **GP. SRI. S. KANNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2806-2019, ALONG WITH WP(C).10868/2019(G), WP(C).3118/2019(L), WP(C).5982/2019(W), WP(C).7686/2019(I), THE COURT ON 16-08-2019 DELIVERED THE FOLLOWING:** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941** ## **WP(C).No.10868 OF 2019(G)** ## **PETITIONER/S:** **1 ASWATHI P.C., AGED 26 YEARS W/O.RAJESH K.K., SOCIAL WORKER, DISTRICT CHILD PROTECTION UNIT, CIVIL STATION P.O., KOZHIKODE673020, PRESENTLY RESIDING AT PUNNADICHALIL HOUSE, MADAVOOR P.O., MADAVOOR AMSOM, DESOM, NARIKKUNI673585. 2 PARVATHI BHAI, AGED 33 YEARS W/O.SHAIJU P., SOCIAL WORKER, DISTRICT CHILD PROTECTION UNIT, CIVIL STATION P.O., KOZHIKODE673020, PRESENTLY RESIDING AT PARVATHI BHAVAN, PUTHIYEDATH, PATHIMANGALAM, KARANTHOOR VILLAGE, KUNNAMANGALAM P.O., PINCODE-673571. 3 BABY MOL P.K., AGED 38 YEARS W/O.VINODHAN A.K., DATA ANALYST, DISTRICT CHILD PROTECTION UNIT, CIVIL STATION P.O., KOZHIKODE673020, PRESENTLY RESIDING AT AROTHTHAZHEKUNIYIL HOUSE, PURAMERI P.O., PURAMERY AMSOM DESOM, PINCODE-673503. 4 SARANYA SURESH, AGED 26 YEARS W/O.IJEESH KUMAR, COUNSELOR, DISTRICT CHILD PROTECTION UNIT, CIVIL STATION P.O., KOZHIKODE673020, PRESENTLY RESIDING AT PUTHENPARAMBIL HOUSE, NADUVATHOOR P.O., KOYILANDI, KEEZHARIYOOR VILLAGE673620. 5 NUSAIBA M.K., AGED 30 YEARS W/O.UMMER FAROOQ, PROTECTION OFFICER (INSTITUTIONAL CARE), DISTRICT CHILD PROTECTION UNIT, CIVIL STATION P.O., KOZHIKODE-673020, PRESENTLY RESIDING** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **4** **AT MELEKUMBALATH HOUSE, MUKKILANGADI, PARAMBATH KAVU AMSOM, DESOM, MANIPURAM P.O., KODUVALLY673572.** **6 SILLA P., AGED 33 YEARS W/O.AKHILESH, DATA ENTRY OPERATOR, DISTRICT CHILD PROTECTION UNIT, CIVIL STATION P.O., KOZHIKODE -673020, PRESENTLY RESIDING AT MALAYAIL HOUSE, MANASSERY P.O., MUKKOM-673602.** **BY ADVS. SRI.E.T.JITHEENDRAN SRI.E.T.JITHEENDRAN SRI.B.ANANTHU SRI.DILJITH K.MANOHAR** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF SOCIAL JUSTICE, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, 5TH FLOOR, THIRUVANANTHAPURAM-695033.** - **3 DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPURA, THIRUVANANTHAPURAM-695012.** - **4 DISTRICT SOCIAL JUSTICE OFFICER, COLLECTORATE, ERANHIPPALAM, KOZHIKODE, KERALA673006.** - **5 SPECIAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, THIRUVANANTHAPURAM-695001.** - **6 DISTRICT COLLECTOR, KOZHIKODE, WAYANAD ROAD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE-673020.** ## GOVERNMENT PLEADER SRI. KANNAN **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2806-2019, ALONG WITH WP(C).15098/2019(J), WP(C).3118/2019(L), WP(C).5982/2019(W), WP(C).7686/2019(I), THE COURT ON 16-08-2019 DELIVERED THE FOLLOWING:** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941 WP(C).No.3118 OF 2019(L)** ## **PETITIONER/S:** |**1**|**MRIDULA VINCENT**| |---|---| ||**LEGAL CUM PROBATION OFFICER, DISTRICT CHILD**| ||**PROTECTION UNIT, BY LANE NO.1, SIVA TEMPLE ROAD,**| ||**THOTTAKKATTUKARA, ALUVA - 683 108.**| |**2**|**HAFSEENA MKP**| ||**PROTECTION OFFICER, NON-INDUSTRIAL CARE DISTRICT**| ||**CHILD PROTECTION UNIT, BY LANE NO1, SIVA TEMPLE**| ||**ROAD, THOTTAKKATTUKARA, ALUVA - 683 108.**| |**3**|**ASWANY.V.S.**| ||**PROTECTION OFFICER-IC DISTRICT CHIEF PROTECTION**| ||**UNIT, 2ND FLOOR, CIVIL STATION, AYYANTHOLE,**| ||**THRISSUR - 680 003.**| |**4**|**SHRUTHY.M.S.**| ||**COUNSELOR, DISTRICT CHILD PROTECTION UNIT, 2ND**| ||**FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680**| ||**003.**| |**5**|**SANDEEP.P.R.**| ||**ACCOUNTANT, DISTRICT CHILD PROTECTION UNIT, 2ND**| ||**FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680**| ||**003.**| ## **6 SARATH.S.** **ASSISTANT CUM DATA ENTRY OPERATOR, JUVENILE JUSTICE BOARD, RAMAVARMAPURAM P.O., THRISSUR - 680 631.** - **7 NIMMIMOL.G.** **PROTECTION OFFICER (INSTITUTIONAL CARE), DISTRICT CHIEF PROTECTION UNIT, FIRST FLOOR, DIRECTORATE WOMEN AND CHILD DEVELOPMENT POOJAPPURA, THIRUVANANTHAPURAM - 695 012.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **6** - **8 RANJITH.V.K.** - **ACCOUNTANT, DISTRICT CHILD PROTECTION UNIT, JAWAHAR BALAVIKAS BHAVAN, NEAR PANCHAYATH COMMUNITY HALL, MEENANGADI, WAYANAD - 673 591.** - **9 ANEESH KUMAR.K.** **SOCIAL WORKER, DISTRICT CHILD PROTECTION UNIT, MUNICIPAL COMPLEX, ROBINSON ROAD, PALAKKAD - 678 001.** - **10 AISWARYA.P.M.** - **ASSISTANT CUM DATA ENTRY OPERATOR, JUVENILE JUSTICE BOARD, JUDICIAL FIRST CLASS MAGISTRATE II COURT, CIVIL STATION, PALAKKAD - 678 001.** - **11 ANOOP.K.S. SOCIAL WORKER, DISTRICT CHILD PROTECTION UNIT, II FLOOR, COLLECTORATE, KOLLAM - 691 013.** - **12 FAISAL.A.G. PROTECTION OFFICER (INSTITUTIONAL CARE), DISTRICT CHILD PROTECTION UNIT, D BLOCK, 2ND FLOOR, CIVIL STATION, VIDYANAGAR P.O., KASARGOD - 671 123.** - **13 SHUHAIB.K.** - **PROTECTION OFFICER (INSTITUTIONAL CARE), DISTRICT CHILD PROTECTION UNIT, D BLOCK, 2ND FLOOR, CIVIL STATION, VIDYANAGAR P.O., KASARGOD - 671 123.** - **14 VINOD.C.B. ASSISTANT CUM DATA ENTRY OPERATOR, CHILD WELFARE COMMITTEE, GOVERNMENT CHILDRENS HOME, RAMAVARAMAPURAM, THRISSUR - 680 631.** - **15 DEEPA.M. DATA ANALYST, DISTRICT CHILD PROTECTION UNIT, BYELANE NO.1, SP CAMP OFFICE, SIVA TEMPLE ROAD, ALUVA - 683 108.** - **16 AMBILI MENON.T. ACCOUNTANT, DISTRICT CHILD PROTECTION UNIT, BYELANE NO.1, SP CAMP OFFICE, SIVA TEMPLE ROAD, ALUVA - 683 108.** - **17 ANITHA.C.K. ASSISTANT CUM DATA ENTRY OPERATOR, DISTRICT CHILD PROTECTION UNIT, BYELANE NO.1, SP CAMP OFFICE, SIVA TEMPLE ROAD, ALUVA - 683 108.** - **18 ASISH JOSEPH PROTECTION OFFICER, (NON INSTITUTIONAL CARE), DISTRICT CHILD PROTECTION UNIT, KOTTAYAM, K.V.M.BUILDINGS, ANNANKUNNU ROAD, KOTTAYAM - 686** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **7** **001.** **BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA KUM.THULASI K. RAJ SMT.K.C.AISHWARYA** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 DIRECTOR OF SOCIAL JUSTICE THIRUVANANTHAPURAM - 695 001.** - **3 DIRECTOR OF WOMEN AND CHILD DEVELOPMENT THIRUVANANTHAPURAM - 695 001.** - **4 DISTRICT SOCIAL JUSTICE OFFICER THRIKKAKARA, EDAPPALLY, KAKKANAD, KERALA - 682 021.** - **5 DISTRICT SOCIAL JUSTICE OFFICER MINI CIVIL STATION, CHEMBUKKAV, THRISSUR, KERALA - 680 020.** - **6 DISTRICT SOCIAL JUSTICE OFFICER KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA - 678 013.** - **7 DISTRICT SOCIAL JUSTICE OFFICER VADDY - CIVIL STATION RD, VIDYA NAGAR, KOLLAM, KERALA - 691 013.** - **8 DISTRICT SOCIAL JUSTICE OFFICER KASARAGOD, KERALA - 671 123.** - **9 DISTRICT SOCIAL JUSTICE OFFICER DISTRICT OFFICE, WAYANAD.** - **10 DISTRICT SOCIAL JUSTICE OFFICER DISTRICT OFFICE, THIRUVANANTHAPURAM- 695 001.** - **11 DISTRICT SOCIAL JUSTICE OFFICER MINI, CIVIL STATION, PUTHENANGADY, THIRUNAKKARA, KERALA - 686 001.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **8** - **12 SPECIAL SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, THIRUVANANTHAPURAM - 695 001.** - **13 DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.** - **14 DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, CIVIL LINES RD., KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA - 680 003.** - **15 DISTRICT COLLECTOR KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA - 678 013.** - **16 DISTRICT COLLECTOR CIVIL STATION RD., KAANKATHU MUKKU, KOLLAM, KERALA - 691 013.** - **17 DISTRICT COLLECTOR CIVIL STATION, VIDYANAGAR, KASARAGOD, KERALA - 671 123.** - **18 DISTRICT COLLECTOR NH 212, CIVIL STATION, KAIRALI NAGAR, KALPETTA, KERALA - 673 122.** - **19 DISTRICT COLLECTOR 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, KERALA - 695 043.** - **20 DISTRICT COLLECTOR KOTTAYAM - KUMILY RD., COLLECTORATE, KOTTAYAM, KERALA - 686 001.** - **21 UNION OF INDIA** - **REP. BY ITS SECRETARY, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SASHTRI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI.** - **R1-20 BY SRI.S.KANNAN, GOVERNMENT PLEADER R21 BY SRI.ROJO JOSEPH THURUTHIPARA, SC, DENA BANK** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2806-2019, ALONG WITH WP(C).10868/2019(G), WP(C).15098/2019(J), WP(C).5982/2019(W), WP(C).7686/2019(I), THE COURT ON 16-08-2019 DELIVERED THE FOLLOWING:** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **9** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941** ## **WP(C).No.5982 OF 2019(W)** ## **PETITIONER/S:** - **1 NIJITH .U ACCOUNTANT, DISTRICT CHILD PROTECTION UNIT, KANNUR,THALASSERY R/A LATHA NIVAS, KIZHUTHALLY,P.O.THAZHE CHOVVA, KANNUR-670018** - **2 JALAJA UCHAMPALLY** - **DATA ANALYST, DISTRICT CHILD PROTECTION UNIT, KANNUR, THALASSERY R/ATPOURNAMI, KOZHUR, ERUVATTY P.O.KADIRUR, THALASSERY, KANNUR, DIST 670 649.** - **3 SOJIA THOMAS, COUNSELOR, DISTRICT CHILD PROTECTION UNIT, KANNUR, THALASSERY R/AT KOCHUMATTATHIL HOUSE, MADAKKAMPOIL, PERINGOME P.O.KANNUR 670 307** - **4 AKSHAI PREMNATH SOCIAL WORKER, DISTRICT CHILD PROTECTION UNIT, KANNUR, THALASSERY R/AT PREM VIHAR (H),TALAP, KANNUR 670002.** - **5 RINI K.V** **DATA ENTRY OPERATOR, DISTRICT CHILD PROTECTION UNIT, KANNUR, THALASSERY R/AT KOMBRA HOUSE, RAMATHERU P.O.PALLIKKUNNU,KANNUR 670004.** **BY ADVS. SRI.MANU.M.THOMAS SRI.P.C.ANIL KUMAR SMT.P.SREESHA** ## **RESPONDENT/S** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT, TRIVANDRUM-695 001.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **10** - **2 THE DIRECTOR, DEPARTMENT OF SOCIAL JUSTICE, 5TH FLOOR, VIKAS BHAVAN, PMG, TRIVANDRUM, KERALA 695 033** - **3 THE DIRECTOR, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA, THIRUVANANTHAPURAM, KERALA 695 012.** - **4 THE DISTRICT CHILD PROTECTION OFFICER, THALASSERY, PALLITHAZHE, ILLATHAAZHA,THALASSERY, KERALA 670 104.** - **5 ADDL.R5- THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110001(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 21.3.2019 IN IA.NO, 3/2019)** ## **R1 BY SRI.S.KANNAN, GOVERNMENT PLEADER R5 BY SMT.MINI GOPINATH, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2806-2019, ALONG WITH WP(C).10868/2019(G), WP(C).15098/2019(J), WP(C).3118/2019(L), WP(C).7686/2019(I), THE COURT ON 16-08-2019 DELIVERED THE FOLLOWING:** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **11** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 16TH DAY OF AUGUST 2019 / 25TH SRAVANA, 1941** ## **WP(C).No.7686 OF 2019(I)** ## **PETITIONER/S:** - **1 SREEJA S., PONNULEKSHMI, THURUVICKAL P.O., THIRUVANANTHAPURAM, PIN - 695 031.** - **2 DHANYA V., T.C.51/919, GANGA NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM - 695 018.** - **3 ANISH KUMAR KESAVAN, EDATHARAMANNIL HOUSE, PULLAD P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689 548.** - **4 ANU JAMES, OTTATHIL HOUSE, PALLICKACHIRA, PAYIPPAD, CHANGANACHERY, KOTTAYAM - 686 537.** - **5 SHAINEY STEPHEN C.S., THONDUNGA HOUSE, AZHAKAM P.O., ANGAMALY, ERNAKULAM, PIN - 683 577.** - **6 SREEKANTH R.C., PRASADAM HOUSE, AYYANTHOLE P.O., THRISSUR - 680 003.** - **7 ASWATHY P.M., MANGATTUKARAPARAMBIL HOUSE, KISSAN CORNER, URAKAM P.O., THRISSUR - 680 562.** - **8 HAREESH M.C., MULANGADAN HOUSE, ALENGAD, MUTTITHADI P.O., THRISSUR - 680 317.** - **9 MADHU A., THEKKEPARAMBIL HOUSE, PUTHUPARIYARAM P.O., PALAKKAD - 678 731.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **12** - **10 NAVEEN T.R.,** - **ARUN NIVAS, THRITHAMARA GRAMAM, PARUTHIPULLY P.O., PALAKKAD - 678 573.** - **11 AISWARYA M., SHARANA NIVAS, OPP.SHAKTHI COLLEGE, KOPPAM, PALAKKAD - 678 001.** - **12 MANEESHA M.,** - **SIVASUMAM, ANIYAPPATH HOUSE, VETTIYODE, KARIPPOSE P.O., PALAKKAD - 678 503.** - **13 APARNA NARAYANAN R., JANANI, THEKKETHARA, AKATHETHARA, PALAKKAD - 678 008.** - **14 SUMESH D., KOVILPURA HOUSE, CHADANAMKURISSI, WEST YAKKARA, PALAKKAD - 678 004.** - **15 PRABHULLADAS R., RAJALELA HOUSE, VADAKKECHALLA, GOVINDAPURAM P.O., PALAKKAD - 678 507.** - **16 SUBEESH P., PARAMBAYIL HOUSE, CHUNDAMPOTTA P.O., KULUKKALLUR VIA., PALAKKAD - 679 337.** - **17 REETHAMOL V., POTHAMPADAM, MUTHALAMADA P.O., PALAKKAD - 678 507.** - **18 SMITHA DEVI T.M., KUNNAPADASSERY, KUMARANKARY, VELIYANAD, ALAPPUZHA - 686 103.** - **19 SANDHYA M.P., KUTHIRAKKODE HOUSE, BEKKAL P.O., KASARAGOD - 671 318.** - **20 RESHMA T.K., SUVARNA NIVAS, KOOVATY, CHAYOTH P.O., KASARAGOD.** - **21 VIDYA S.NAIR, PUNNAKKAPPILLIL, PUNNAPRA NORTH P.O., PARAVUR, ALAPPUZHA - 688 014.** - **22 SHARATH KUMAR P.S., PAMBEJAL HOUSE, BELLUR P.O., MULLERIA VIA., KASARAGOD - 671 543.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **13** - **23 DHANYA C., PADINHATIL HOUSE, OLAVARA, UDUMBUTHALA P.O., KASARAGOD - 671 311.** - **24 PRASANTH KRISHNAN B.S., KRISHNAPRABHA, VETTU ROAD, KANIYAPURAM, THIRUVANANTHAPURAM - 695 301.** - **25 DEEPTHI M., KEEZHEVAYALIL HOUSE, VALIYAKADA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304.** - **26 LEKSHMI S.SOMAN, AVITTOM, KUNNINAKOM, KANIYAPURAM, THIRUVANANTHAPURAM - 695 301.** - **27 ASUNDHA S.S., UTHRAM, THENNOOR, VELLAYANI, NEMOM P.O., THIRUVANANTHAPURAM - 695 020.** - **28 AMBILI, MELAKONAM, PARASUVAKKAL P.O., THIRUVANANTHAPURAM - 695 508.** - **29 LEKSHMI A.K., GURUKRIPA, TC 17/531, PRA 50, POOJAPPURA P.O., THIRUVANANTHAPURAM - 695 012.** - **30 MOHAMED SALIH A.K., JUVAIRIYA MANZIL, AREEKULAM, VENGARA - 676 304.** - **31 JEMSHI MON P., POUTHOOPPADAN HOUSE, EDAVANNA P.O., MALAPPURAM - 676 541.** - **32 RANJITHA A., AMBALAPPATTA HOUSE, PERINTHALMANNA P.O., MALAPPURAM - 679 322.** - **33 SANDHYA R., THELAMPARAMBATH HOUSE,M KOVILAKATHUMURI, NILAMBUR P.O. 679 329.** - **34 NISHA MATHEW, KOVIYIL HOUSE, KOTTAMURI P.O., MADATHARUVY, CHANGANACHERRY, PIN - 686 105.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **14** - **35 BINI MARIAM JACOB, VAZHAYIL HOUSE, KARIKAYAM P.O., CHITTAR - 689 663.** - **36 VINRAJ K.R., KARACKATTETHU HOUSE, OMALLOOR VAZHAMUTTOM - 689 647.** - **37 ASHA V.LEKSHMI, VETTIKKATTETHU SURABHI, KUDAMUKKU P.O., NARIYAPURAM- 689 513.** - **38 RENJITH M.R., ACHARIPARAMBIL, ARANMULA P.O., ARANMULA - 689 533.** - **39 MUHAMMED YAZAR T.M., THEKKENAKKANCHERIL, VADUTHALA JETTY P.O., AROOKUTTY, ALAPPUZHA - 688 535.** - **40 SMITHA P.RAJU, KONCHAKUZHIYIL, SREEBHAVAN, ERUMAKAD P.O., ARANMULA - 689 532.** - **41 SMITHA P.S., MATHILAKATHU MUKKADIYIL, PANANGADU, KULANADA, PATHANAMTHITTA - 689 503.** - **42 ELIZABETH JOSE, THEKKAKARA, VAZHAMUTTOM P.O., OMALLOOR - 689 647.** - **43 LINCY A., RAJAGIRI PUTHEN VEEDU, MANAKKARA, SASTHAMCOTTA, KOLLAM - 690 521.** - **44 JALAJA M.GEORGE, KALLUKADA HOUSE, CHAVARA SOUTH P.O., KOLLAM - 691 584.** - **45 BIJITHA S.KHAN, THATTARUVILA, PATTARUMUKKU P.O., KOLLAM - 691 589.** - **46 ANJANA T.K., TRIVENI BHAVAN, EZHUKON, KOLLAM - 691 505.** - **47 DEEPAK S., GOURI MADHAVAN HOUSE, HOUSE NO.113, ASHRAMAM NAGAR, ASHRAMAM, KOLLAM - 691 002.** **BY ADVS. SRI.P.RAMAKRISHNAN** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **15** **SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE** ## **RESPONDENT/S:** - **1 GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAWAN, NEW DELHI - 110 001.** - **2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **3 SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF SOCIAL JUSTICE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.** - **4 SECRETARY TO GOVERNMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **5 DIRECTOR SOCIAL JUSTICE, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001.** - **6 DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA, THIRUVANANTHAPURAM - 695 012. R1 BY SRI.P.K.RAMKUMAR, CGC R2 BY SRI.S.KANNAN, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2806-2019, ALONG WITH WP(C).10868/2019(G), WP(C).15098/2019(J), WP(C).3118/2019(L), WP(C).5982/2019(W), THE COURT ON 16-08-2019 DELIVERED THE FOLLOWING:** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **16** ## **JUDGMENT** ## **[ WP(C).15098/2019, WP(C).10868/2019, WP(C).3118/2019, WP(C).5982/2019, WP(C).7686/2019 ] Dated this the 16th day of August 2019** The petitioners, who are working in different posts in the District Child Protection Units in various districts in the State, challenge the move to terminate their services in order to induct another set of contract employees. It is contended that the petitioners were appointed after a due process of selection consisting of written test and interview and had been performing their duties without complaint. Relying on the decision of the Apex Court in _**Muhammed Abdul Kadir v. DGP Assam [(2009) 6 SCC 611],**_ the petitioners contend that they are entitled to continue in the respective posts as long as the scheme continues. Reliance is also placed on judgment of the Apex Court in _**State of Haryana and others v. Piara Singh and Others [(1992) 4 SCC 118]**_ , to contend that one set of contract employees cannot be replaced with **WP(C).No.15098 OF 2019(J) and conctd. Cases** **17** another set of employees engaged on the very same terms. It is contended that the scheme specifically provides for contract appointments and that as such, the petitioners who have gained long years of experience are liable to be continued in service in the best interests of the scheme as well. It is stated that it is not in dispute that the scheme continues and that the services of the petitioners are necessary in the best interests of carrying out the scheme successfully. It is contended that in identical cases, other High Courts have directed the retention of the contract employees as long as the scheme continues. 2. A detailed counter affidavit has been placed on record by the State Government. Relevant extracts of the Integrated Child Protection Scheme is produced along with the Counter affidavit as Ext.R1(a). Extracts from the implementation guidelines are produced as Ext.R1(b). It is stated that the appointments under the scheme are specifically contractual in nature. It is stated that clause 3 of R1(a) specifically provides that contractual staff are **WP(C).No.15098 OF 2019(J) and conctd. Cases 18** to be appointed at State and District levels with discretion to the States to appoint staff on permanent basis or on higher salaries than provided in the scheme, for which the State will have to bear the extra expenditure incurred. Clause 3.4 provides that every personnel shall have a contract of three years extendable by two years on the basis of performance appraisal reports. It is stated that review of performance shall be undertaken every year at State level. 3. Ext.R1(b) implementation guidelines specifies the rationale for recruiting staff on contractual basis and states that a conscious decision had been taken that the appointments shall be on contractual basis. The reasons stated are as follows: ## **“Rationale for recruiting staff on contractual basis** A programme of this magnitude and nature requires multidisciplinary staff who are professional and committed to children and their rights. It has been consciously decided to have these personnel on a contractual basis for the following reasons: i. Implementation of scheme would be more effective if staff is recruited on contractual basis - minimum of three years and extendable for a period of 5 years based on performance. They can be paid consolidated remuneration with built in increment provisions that is performance based; **WP(C).No.15098 OF 2019(J) and conctd. Cases** **19** ii. It will attract high quality professional talent, strengthen public-private partnerships and will not lead to any permanent liability on the government. iii. Contractual employment, outsourcing and performance linked promotion will ensure that the establishment is trim, vibrant and responsive to the needs of the children. iv. By doing away with rigid government structures, the programme will have flexibility and scope for innovation.” 4. It is further contended that the contracts offered to the petitioners specified that the petitioners would have no right to continue in service. A decision of this Court in _**Rajasree K.K v. State of**_ _**Kerala**_ in W.P.(C) No.22402 of 2018 in the case of appointment of a staff under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) as also of the Apex Court in _**Rajasthan State Roadways**_ _**Transport Corporation v. Paramjeet Singh (Civil Appeal**_ _**No.4593 of 2019)**_ are relied on to contend that the petitioners, who are contractual employees would have no right to continuance or to challenge their termination after the period of contract is over. 5. A statement had been placed on record by the Assistant Solicitor General of India on behalf of the Union of India in W.P.(C) No.15098 of 2019. It is **WP(C).No.15098 OF 2019(J) and conctd. Cases** **20** contended at para 3 in the statement as follows: “The entire process for recruitment/employment of staff has to be carried by the Director, ICPS, Kerala in consultation with the State Principal Secretary/Secretary, Department of Women & Child Development at state level and the District level staff is recruited by the concerned District Magistrate. The Ministry of Women and Child Development does not interfere in the matter of selection as the implementation of ICPS Scheme lies with the concerned State/UT Govts.” 6. It is stated that going by the provisions of the scheme, it is for individual States to decide whether the same contractual staff are to be continued or not. 7. I have considered the contentions advanced. Reliance has been placed by the learned counsel for the petitioners on the decisions of the Apex Court and of this Court to contend that one set of temporary employees are not liable to be substituted by another set which would result in arbitrary exercise of power. However, in the instant case, the very scheme provides that appointment of staff is to be made on a contract basis and with a limited tenure. The reasons for opting for such a method of engagement of staff are **WP(C).No.15098 OF 2019(J) and conctd. Cases** **21** also specified in Ext.R1(b) guidelines. The Central Government, who is the proponent of the scheme has also filed a statement stating that it was a deliberate decision to appoint staff in the scheme only on contract basis and this was intended with the best interests of the scheme in mind. It is stated that the process for recruitment and employment of staff is to be carried out by the Director, ICPS of the State in consultation with the State Principal Secretary/Secretary, Department of Women and Child Development at State level. The District level staff is recruited by the concerned District Magistrate. It is stated that in the instant case, the decisions had been taken not to extend the contract of the employees once recruited beyond the period or the extended period for which they had been recruited. 8. Having considered the contentions of the parties and having gone through the decisions of the Apex Court, I am of the opinion that in the specific nature of the scheme as also the appointments made and the intentions sought to be achieved, the petitioners **WP(C).No.15098 OF 2019(J) and conctd. Cases 22** who were engaged on short term contract basis would have absolutely no right to contend that their services are not liable to be terminated and that they are entitled to continue beyond the period of contract. 9. This Court in its judgment in W.P.(C) No.22402 of 2018 and connected cases has considered the claim of persons appointed under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and has held, after referring to all the judgments including the once relied on by the learned counsel for the petitioners in the instant case, that contractual employees under a Scheme can have no right to claim that they are entitled to continue in service after the agreed term of contract is over. In the instant cases as well, it is not in dispute before me that the term of contract in respect of the employees has expired. The decisions of the Apex Court relied on do not apply to the situation on hand. I am of the opinion that the petitioners, who had been engaged on contract basis have no right to insist that they are to be permitted to continue after the **WP(C).No.15098 OF 2019(J) and conctd. Cases** **23** term of contract has expired. These writ petitions fail and the same are accordingly dismissed. **Sd/-** sab **ANU SIVARAMAN JUDGE** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **24** ## **APPENDIX OF WP(C) 15098/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 18.12.2009 ENTERED ON BEHALF OF THE PRESIDENT OF INDIA AND THE GOVERNMENT OF KERALA.** **EXHIBIT P2 TRUE COPY OF THE G.O.(MS)NO.11/2013/SJD DATED 2.2.2013. EXHIBIT P3 TRUE COPY OF THE G.O.(RT)NO.233/2013/SJD DATED 20.5.2013 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE ORDER NO.D.C.P.U./K/339/2014 DATED 11.11.2014 ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM.** - **EXHIBIT P5 TRUE COPY OF CIRCULAR NO.ICPS-5/8041/2015 DATED 19.2.2015 ISSUED BY THE 5TH RESPONDENT.** **EXHIBIT P6 ORDER NO.ICPS-4(B)/007231/16 DATED 16.8.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.ICPS5/16292/18 DATED 16.1.2019 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P8 TRUE ORDER NO.ICPS-5/16292/18 DATED 16.1.2019 ISSUED BY 6TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 18.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **25** ## **APPENDIX OF WP(C) 10868/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF MOU BETWEEN THE PRESIDENT OF INDIA AND THE GOVERNOR OF THE STATE OF KERALA FOR IMPLEMENTATION OF ICPS.** **EXHIBIT P2 TRUE COPY OF REGISTRATION CERTIFICATE DATED 16.12.2011.** **EXHIBIT P3 TRUE COPY OF G.O.(MS) NO.11/2013/SJD DATED 02.02.2013. EXHIBIT P4 TRUE COPY OF CIRCULAR DATED 12.09.2014. EXHIBIT P5 TRUE COPY OF THE JOINING ORDER OF THE 1ST PETITIONER DATED 21.11.2014. EXHIBIT P5 A TRUE COPY OF THE JOINING ORDER OF THE 2ND PETITIONER DATED 21.11.2014. EXHIBIT P5 B TRUE COPY OF THE JOINING ORDER OF THE 3RD PETITIONER DATED 24.12.2014. EXHIBIT P5 C TRUE COPY OF THE JOINING ORDER OF THE 4TH PETITIONER DATED 21.11.2014. EXHIBIT P5 D TRUE COPY OF THE JOINING ORDER OF THE 5TH PETITIONER DATED 21.11.2014. EXHIBIT P6 TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE 1ST PETITIONER DATED 14.11.2014. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 30.11.2018. EXHIBIT P8 TRUE COPY OF CIRCULAR DATED 16.01.2019. EXHIBIT P9 TRUE COPY OF ORDER DATED 01.03.2019.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **26** ## **APPENDIX OF WP(C) 3118/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF UNDERTAKING BETWEEN THE PRESIDENT OF INDIA AND THE GOVERNOR OF THE STATE OF KERALA FOR THE IMPLEMENTATION OF ICPS.** **EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 16/12/2011.** **EXHIBIT P3 TRUE COPY OF G.O.(MS) NO.11/2013/SJD DT. 2/2/2013.** **EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED 12/9/2014. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 19/11/2014 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER NO.5 DATED 3/2/2015. EXHIBIT P7 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 15TH PETITIONER AND THE DISTRICT CHILD PROTECTION OFFICER, ERNAKULAM DATED 28/11/2015. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 14/12/2016. EXHIBIT P9 TRUE COPY OF THE ORDER DATED 31/12/2016 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P10 TRUE COPY OF THE ORDER DATED 16/8/2017. EXHIBIT P11 TRUE COPY OF THE CIRCULAR DATED 16/1/2019. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 30/1/2018. EXHIBIT P13 TRUE COPY OF THE ORDER DATED 23/1/2019 GRANTING AN EXTENSION OF SIX MONTHS OF SERVICE TO PETITIONERS, 1,2,5,16 AND 17.** **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 24/1/2019 GRANTING AN EXTENSION OF SIX MONTHS OF SERVICE TO PETITIONER NO.13.** **EXHIBIT P15 TRUE COPY OF THE ORDER DATED 23/1/2019 GRANTING AN EXTENSION OF SIX MONTHS OF SERVICE TO PETITIONER NO.8.** **WP(C).No.15098 OF 2019(J) and conctd. Cases 27** **EXHIBIT P16 TRUE COPY OF G.O.(MS) NO.23/11 DATED 25/2/2011. EXHIBIT P17 TRUE COPY OF G.O.(MS) NO.79/2010 DATED 10/11/2010. EXHIBIT P18 TRUE COPY OF THE ORDER DATED 9/3/2007. EXHIBIT P19 TRUE COPY OF G.O.(MS) NO.34/2013 DATED 3/5/2013. EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 5/2/2018. EXHIBIT P21 TRUE COPY OF THE INTERIM ORDER DATED 3/8/2018 IN W.A.NO.1570/2018 AND CONNECTED MATTERS. EXHIBIT P22 TRUE COPY OF THE INTERIM ORDER DATED 1/11/2017 IN W.A.NO.1417/2017. EXHIBIT P23 TRUE COPY OF THE JUDGMENT IN W.P.(S) NO.20/2017 OF THE HON'BLE HIGH COURT, JHARKHAND. EXHIBIT P26 TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT OF MANIPUR DATED 17.12.2016. EXHIBIT P27 TRUE COPY OF THE ORDER DATED 20.6.2019 ISSUED BY THE GOVERNMENT OF ANDHRA PRADESH DEPARTMENT OF WOMEN, CHILDREN AND DIFFERENTLY ABLED & SENIOR CITIZENS.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **28** ## **APPENDIX OF WP(C) 5982/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** - **A COPY OF THE MEMORANDUM OF UNDERTAKING BETWEEN THE PRESIDENT OF INDIA AND THE GOVERNOR OF THE KERALA STATE FOR THE IMPLEMENTATION OF ICPS.** **EXHIBIT P2 A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE DATED 16.12.2011** - **EXHIBIT P3 A TRUE PHOTO COPY OF THE GO (MS) NO 11/2013/SJD DATED 2.2.2013** - **EXHIBIT P4 A TRUE PHOTO COPY OF THE CIRCULAR BERING NO ICPS 2/24194/14 DATED 12.9.2014** - **EXHIBIT P5 A TRUE PHOTO COPY OF THE GUIDELINES TO THE FOR THE SECTION OF CANDIDATES FOR THE RESPECTIVE POST IN DCPU DATED 22.6.2014** - **EXHIBIT P6 A TRUE PHOTO COPY OF THE ORDER BEARING NO ICPS-4(B) /007231/16 DATED 16.8.2017** - **EXHIBIT P7 A TRUE PHOTO COPY OF THE EXTENSION ORDER BEARING NO ICPS/5/16641/18 DATED 28.1.2019** - **EXHIBIT P8 A TRUE PHOTO COPY OF THE ORDER DATED 16.1.2019 WITH A DIRECTION TO INITATE FRESH SELECTION PROCESSES AFTER TERMINATING THE EMPLOYEES** - **EXHIBIT P9 A TRUE PHOTO COPY OF THE EXTENSION ORDER BEARING NO ICPS 5/16287/18 DATED 14.12.2018 ISSUED BY THE DIRECTOR WOMEN AND CHILD DEVELOPMENT** - **EXHIBIT P10 A DOWNLOADED COPY OF THE JUDGMENT IN WPC NO 3512/2014 & 3834/2014 DATED 20.1.2015 OF THE HON'BLE COURT** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **29** ## **APPENDIX OF WP(C) 7686/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 LISTS CONTAINING THE SERVICE PARTICULARS OF THE PETITIONERS.** **EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 18/12/20019 ENTERED ON BEHALF OF THE PRESIDENT OF INDIA AND THE GOVERNOR OF KERALA.** - **EXHIBIT P3 TRUE COPY OF THE G.O.(MS) NO.11/2013/SJD. DATED 02/02/2013.** - **EXHIBIT P4 TRUE COPY OF THE G.O.(RT) NO.233/2013/SJD DATED 20/05/2013 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, THRISSUR, NO.694/2014 DATED 19/11/2014.** - **EXHIBIT P6 TRUE COPY OF THE AGREEMENT ENTERED BETWEENTHE 2ND PETITIONER AND THE 4TH RESPONDENT ON 07/03/2018.** - **EXHIBIT P7 TRUE COPY OF CIRCULAR NO.ICPS-5/8041/2015 DATED 19/02/2015 ISSUED BY THE 5TH RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF THE ORDER NO.ICPS4(B)/007231/16 DATED 16/08/2017 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE CIRCULAR NO.ICPS5/16292/18 DATED 16/01/2019 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT P10 TRUE COPY OF THE ORDER NO.ICPS-5/16292/18 DATED 16/01/2019 ISSUED BY 6TH RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 14/01/2019 SUBMITTED BEFORE THE 4TH RESPONDENT.** **EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.** **WP(C).No.15098 OF 2019(J) and conctd. Cases** **30** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R1 A A TRUE COPY OF THE RELEVANT EXTRACT OF THE SCHEME. EXHIBIT R1 B A TRUE COPY OF THE RELEVANT EXTRACT OF THE IMPLEMENTATION GUIDELINES OF THE SCHEME.**