W.A.No.807/2021 & 925/2021

W.A.Nos.807/2021 & 925/2021 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 27[TH] DAY OF SEPTEMBER 2021 / 5TH ASWINA, 1943** **WA NO. 807 OF 2021** **AGAINST THE JUDGMENT DATED 26.03.2021 IN WP(C) 3064/2021 OF THE LEARNED SINGLE JUDGE** ## **APPELLANT/PETITIONER:** SHRIRAMA K AGED 36 YEARS ACCREDITED ENGINEER, PAIVALIKE GRAMA PANCHAYAT, KASARGOD-671 348, RESIDING AT 9/245-E, SHREE MATHA, NR. SPOORTHY VIDYANIKETHANA, THANTRI ROAD, BADAJE, MAJESWARA P.O, KASARGOD-671923. BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ MAITREYI SACHIDANANDA HEGDE ## **RESPONDENTS/RESPONDENTS** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. W.A.Nos.807/2021 & 925/2021 2 - 2 DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM-695 001. - 3 RURAL DEVELOPMENT COMMISSIONER & MISSION DIRECTOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, FIRST FLOOR, PUNARJANI, T.C. 26/1333(2), PANAVILA JUNCTION, THIRUVANANTHAPURAM-695 001. - 4 PROGRAMME CO-ORDINATOR/DISTRICT COLLECTOR, CIVIL STATION, VIDYANAGAR, KASARAGOD, 671123. - 5 PROJECT DIRECTOR & JOINT PROGRAMME CO-ORDINATOR, CIVIL STATION, VIDYANAGAR, KASARAGOD, 671 123. - 6 PAIVALIKE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KASARGOD-671 348. - 7 SECRETARY, PAIVALIKE GRAMA PANCHAYAT, KASARGOD 671 348. - 8 THE PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, PAIVALIKE GRAMA PANCHAYAT, KASARGOD-671 348. BY ADV M.SASINDRAN FOR R6-R8 SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.VINOY VARGHESE KALLUMOOTTIL,SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.09.2021 ALONG WITH W.A.NO.925/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.807/2021 & 925/2021 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 27[TH] DAY OF SEPTEMBER 2021 / 5TH ASWINA, 1943** ## **WA NO. 925 OF 2021** **AGAINST THE JUDGMENT DT.23.06.2021 IN WP(C) NO.8012/2021 OF THE LEARNED SINGLE JUDGE** ## **APPELLANT/PETITIONER:** SHOBHANA T., AGED 40 YEARS, ATTENDER, HOMEO DISPENSARY, KIZHAKKEKALLADA GRAMA PANCHAYATH, KOLLAM-691 502, RESIDING AT THEKKINASHIKATHU VEEDU HOUSE, THAZHATHUMURY, KOLLAM-691 502. BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY MAITREYI SACHIDANANDA HEGDE ## **RESPONDENTS/RESPONDENTS:** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI-110 011. 2 NATIONAL HEALTH MISSION REPRESENTED BY ITS DIRECTOR, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI-110 011. 3 STATE MISSION DIRECTOR KERALA NATIONAL HEALTH MISSION, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNEMNT OF KERALA, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035. 4 KIZHAKKEKALLADA GRAMA PANCHAYATH REPRESENTED BY THE SECRETARY, KIZHAKKEKALLADA,KOLLAM-691 502. 5 THE SECRETARY KIZHAKKEKALLADA GRAMA PANCHAYATH, KIZHAKKEKALLADA, KOLLAM-691 502. W.A.Nos.807/2021 & 925/2021 4 6 THE PANCHAYAT COMMITTEE REPRESENTED BY ITS PRESIDENT, KIZHAKKEKALLADA GRAMA PANCHAYATH, KIZHAKKEKALLADA, KOLLAM-691 502. 7 THE PRESIDENT KIZHAKKEKALLADA GRAMA PANCHAYATH, KIZHAKKEKALLADA, KOLLAM-691 502. 8 THE MEDICAL OFFICER HOMEO DISPENSARY, KIZHAKKEKALLADA GRAMA PANCHAYATH, KOLLAM-691 502. 9 ADDL.R9. DIRECTOR OF PANCHAYATH, OFFICE OF THE DIRECTOR OF PANCHAYATH,PUBLIC OFFICE P.O., PIN-695 033, THIRUVANANTHAPURAM. 10 ADDL.R10. STATE OF KERALA, REPRESENTED BY ITS SECRETARY OF GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, PIN-695 033, THIRUVANANTHAPURAM. (ADDITIONAL R9 AND R10 IMPLEADED AS PER ORDER DATED 5/8/2021 IN I.A.2/21 IN WA.NO.925/21.) BY ADV SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MISSION ADV SRI.VINOY VARGHESE KALLUMOOTTIL, SC FOR R4-R7 SRI. P.VIJAYAKUMAR, ASGI FOR R1 SRI. SAIGI JACOB PALATTY, SR.GOVT.PLEADER FOR R3,R8 & R9 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.09.2021 ALONG WITH W.A.NO.807/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.807/2021 & 925/2021 5 ## **ALEXANDER THOMAS & A. BADHARUDEEN, JJ.** ================================ ## W.A No.807 of 2021 _[arising out of the judgment dated 26.03.2021 in W.P(c).No.3064/2021]_ and ## W.A No.925 of 2021 _[arising out of the judgment dated 23.06.2021 in W.P(c).No.8012/2021]_ ================================ Dated this the 27[th] day of September, 2021 ## **JUDGMENT** ## **ALEXANDER THOMAS, J.** Since similar issues arise in both these appeals and since the appellant placed reliance on the same Government orders, these appeals are disposed of on the basis of this common judgment. 2. The appellant in W.A.No.925/2021 [petitioner in W.P(c).No.8012/2021] is stated to be working as Attendor in the Ayush Primary Health Centre (Homoeopathy), under the aegis of the respondent Kizhakkekallada Grama Panchayath in Kollam district, etc. Whereas the appellant in W.A.No.807/2021 [petitioner in W.P(C).No.3064/2021] is working as Accredited Engineer under the respondent Paivalike Grama Panchayat, Kasaragod. Both of them are stated to be working on contract W.A.Nos.807/2021 & 925/2021 6 basis. Both of them faced termination orders which impelled them to approach this Court. The learned Single Judge has dismissed both the W.P(C)s mainly on the ground that the matter in issue regarding continuance of contractual employees in panchayats is no longer res integra, etc., and is covered in favour of the panchayats and against the contractual employees concerned as per the dictum laid down by a Division Bench of this Court in the judgment in Noorjihan.A v. State of Kerala & Ors. [W.A.No.1570/2018 and connected matters] rendered by a Division Bench of this Court. On the above said basis, the learned Single Judge dismissed the W.P(C). 3. Now both the appellants rely on subsequent Government orders issued by the Government as well as the circular issued by the Director of Panchayats. Annexures II and IV produced in W.A.No.925/2021 are copies of G.O(Rt) No.1067/2021/LSGD dated 1.6.2021 issued by the competent authority of the State Government in the Local Self Government Department. Whereas Annexure IV produced in the said W.A.No.925/2021 is copy of G.O(Rt) No.1149/2021/LSGD dated 15.6.2021 issued by the Government in the Local Self Government Department. Annexure I as produced in W.A.No.925/2021 is copy of circular/order No.PAN/14760/2020-E9(DP) dated 12.01.2021 issued by the respondent Director of Panchayats. Sri Kaleeswaram Raj, learned counsel for the appellants would also urge before us that subsequently the Government has W.A.Nos.807/2021 & 925/2021 7 also issued yet another Government order, viz., G.O(Rt) No.1496/2021/LSGD dated 9.8.2021 conferring certain benefits for the further temporary continuance of contractual employees like the appellants herein. 4. Copy of the said Government order dated 9.8.2021 has not been produced in this appeal. Taking note of the subsequent Government Orders as well as the circular of the Director of Panchayats, this Court had issued interim order permitting further continuance in contractual service of the appellants herein. After hearing both sides, we are of the firm view that the matter need not be kept pending before this Court. This is so, as primarily the case of the appellants is now based on the above said Government orders issued by the State Government and the circular issued by the respondent Director of Panchayats. Hence it is for the appellants to place their factual case before the respondent Director of Panchayats, who will examine and decide, after hearing the appellants as well as the respondent Panchayat Secretary concerned, as to whether the cases of the appellants are covered by the above said Government Orders and the circular of the Directorate as referred to herein above. 5. Accordingly, it is ordered that the appellants will immediately file a detailed representation in regard to their grievances and forward the same to the respondent Director of Panchayats and advance copy thereof will also be sent by registered post, along with the certified copy of this judgment and W.A.Nos.807/2021 & 925/2021 8 also along with copies of the above said 3 Government Orders and the circular/order dated 12.01.2021 issued by the Director of Panchayats. Copies of the above said representation along with the accompanying documents and the copy of the judgment shall also be forwarded by the appellants to the respondent Panchayat Secretary concerned in these cases. Thereafter, the respondent Panchayat Secretary concerned in these cases will give detailed report to the respondent Director of Panchayats as to whether the cases of the appellants would be broadly covered by the above said subsequent Government orders and the departmental circular/order. Copies of the said letters/reports of the respondent Panchayat Secretary should also be given in advance to the appellants. Thereafter, the respondent Director of Panchayats will afford reasonable opportunity of being heard to the appellants, either in person or through their authorised representative/counsel, if any, and will also hear the representatives of the respondent Grama Panchayats concerned and then may take a decision on the issue as to whether the cases of the appellants herein are broadly covered by the above said Government orders and the departmental circular. 6. Decision in that regard may be taken within a period of 2 months from the date of receipt of copies of the representation along with the accompanying documents and copies of this judgment and decision taken thereof shall immediately be forwarded by speed post to the appellants as well as the respondent Panchayat Secretary concerned. Until a decision is W.A.Nos.807/2021 & 925/2021 9 taken by the respondent Director of Panchayats as directed above, the interim order passed by this Court permitting the temporary continuance in contractual service of the appellants herein will continue to hold the field. If the decision of the respondent Director of Panchayats is in any manner adverse to the appellants, then the operation and implementation of such orders shall be kept in abeyance for a period of 4 weeks from the date of its communication to the appellants, so that the appellants can challenge such adverse orders in the manner known to law. The impugned judgment of the learned Single Judge will stand modified as above. With these observations and directions, the above Writ Appeals will stand finally disposed of. _Sd/-_ _Sd/-_ **A. BADHARUDEEN, JUDGE** rtr/ W.A.Nos.807/2021 & 925/2021 10 ## **APPENDIX OF WA 807/2021** ## PETITIONER ANNEXURE Annexure I TRUE COPY OF THE G.O(RT) NO. 1149/2021/LSGD DATED 15.06.2021 ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT. Annexure II TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE NEWSPAPER `KANNADA KARVAL' ON 17.06.2021. W.A.Nos.807/2021 & 925/2021 11 ## **APPENDIX OF WA 925/2021** ## PETITIONER ANNEXURE Annexure I TRUE COPY OF THE ORDER PAN/14760/2020-E9(DP) DATED 12.1.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS. Annexure II TRUE COPY OF THE G.O.(RT) NO.1067/2021/LSGD DATED 1.6.2021, ISSUED BY THE SPECIAL SECRETARY. Annexure III TRUE COPY OF THE SAID INTERIM ORDER DATED 30.6.2021 IN WA 807/2021. Annexure IV TRUE COPY OF THE G.O.(RT) NO.1149/2021/LSGD DATED 15.6.2021 ISSUED BY THE DEPARTMENT OF LOCAL SELF GOVERNMENT.