KOOVAPPADY GRAMA PANCHAYAT v. BIJI K.S
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE ANIL K.NARENDRAN,HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-04-10. KOOVAPPADY GRAMA PANCHAYAT v. BIJI K.S. Read the judgment and case details on LawSphereX.
Judgment text
WA NO. 558 OF 2025 1 2025:KER:30720 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S. TH THURSDAY, THE 10 DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WA NO. 558 OF 2025 AGAINST THE ORDER DATED 10. 03. 2025 IN WP(C) NO. 1735 OF 2025 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 5 AND 6 1 KOOVAPPADY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KOOVAPPADY P. O, ERNAKULAM, PIN - 683544 2 THE SECRETARY KOOVAPPADY GRAMA PANCHAYAT, KOOVAPPADY P. O, ERNAKULAM - 683 544, PIN - 683544 BY ADVS. K. S. HARIHARAPUTHRAN R. RENJITH PINKU MARIAM JOSE K. M. FATHIMA RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4: 1 BIJI K. S AGED 48 YEARS KOOVAPPADY GRAMA PANCHAYAT, KOOVAPPADY P. O, ERNAKULAM – 683 544 RESIDING AT AIKKARAKKUDY HOUSE, THOTTUVA, KOOVAPPADY P. O, ERNAKULAM, PIN - 683544 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT WA NO.
558 OF 2025 2 2025:KER:30720 OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE PRINCIPAL DIRECTOR DIRECTORATE OF PANCHAYATHS, PUBLIC OFFICE BUILDINGS, MUSEUM P. O, THIRUVANANTHAPURAM, PIN - 695033 4 THE JOINT DIRECTOR OF PANCHAYAT CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682304 5 INFORMATION KERALA MISSION PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM, PIN - 695033 OTHER PRESENT: Smt. Nisha Bose, Sr. GP SMT. M. KABANI DINESH, SC, INFORMATION KERALA MISSION SRI. P. NANDAKUMAR THIS WRIT APPEAL WAS FINALLY HEARD ON 25. 03. 2025, THE COURT ON 10. 04. 2025 PASSED THE FOLLOWING: WA NO. 558 OF 2025 3 2025:KER:30720 JUDGMENT Muralee Krishna, J. This is an appeal filed under Section 5(i) of the Kerala High Court Act, 1958, by respondents 5 and 6 in W. P. (C)No. 1735 of 2025, challenging the interim order dated 10. 03. 2025 passed by the learned Single Judge.
The writ petition was filed under Article st 226 of the Constitution of India by the 1 respondent herein seeking a writ of mandamus directing the appellants to reinstate her in service with immediate effect; a writ of mandamus st commanding the appellants to disburse to the 1 respondent the wages for the period she was illegally kept out of service; to st declare that the 1 respondent is entitled to continue in service until the expiry of her latest extension of the contract of st appointment until 09. 11. 2025; and to declare that the 1 respondent is entitled for wages for the period she was illegally kept out of service in violation of Ext. P4 Government Order dated th 30. 01. 2024 and Ext. P5 order dated 12. 12. 2024 of the 4 respondent Joint director of Panchayat. st 2. The 1 respondent was working on a contract basis as WA NO. 558 OF 2025 4 2025:KER:30720 st a Technical Assistant at the office of the 1 appellant Grama Panchayat from 01. 10. 2012.
Her initial appointment was for a period of one year and that was extended from time to time for a period of one year each and at present her contract expires on st nd 09. 10. 2025. The 1 respondent alleges that the 2 appellant Secretary of the Panchayat prevented her from attending her duties or signing the attendance register. When she enquired the same with him, he behaved very badly with her and even used st foul language against her. The 1 respondent then submitted Ext. P1 representation dated 07. 11. 2024 before the Joint Director of the Panchayat. Pursuant to Ext. P1, the Joint Director by Ext. P2 nd letter dated 08. 11. 2024 directed the 2 appellant to submit a st detailed report on the matter before 11. 11. 2024. The 1 appellant Panchayat has not taken any decision till date to terminate the st service of the 1 respondent. Under that circumstance, the Joint Director who is the Chairman of the Appraisal Committee, by nd Ext. P5 letter dated 12. 12.
2024 directed the 2 appellant to st reinstate the 1 respondent in service immediately. In Ext. P5 it is made clear that the prior permission of the Joint Director was not WA NO. 558 OF 2025 5 2025:KER:30720 st obtained before terminating the service of the 1 respondent and it was without following the procedure her service was terminated. Since no action was followed in Ext. P5, the petitioner approached this Court with the writ petition. 2. 1. The appellants filed a counter affidavit dated 05. 02. 2025 opposing the prayers in the writ petition and producing Exts. R6(a) to R6(d) documents. 2. 2. In the impugned interim order dated 10. 03. 2025, the learned Single Judge noted that as per the decision of the Government dated 30. 01. 2024, in the event of Local Self- Government Institution does not require the services of a Technical Assistant, then the Appraisal Committee is required to take an immediate decision on the matter on request of the Local Self-Government Institution.
Despite the said direction, the Appraisal Committee has not taken any decision till date and the Joint Director by the order dated 12. 12. 2024 communicated to the Panchayat that till the Appraisal Committee takes a decision regarding the cancellation of the contractual employment of the st 1 respondent, she be reinstated. The operative portion of that WA NO. 558 OF 2025 6 2025:KER:30720 interim order reads thus: “3. In view of the aforementioned fact, the Panchayath is rd directed to communicate to the Joint Director, the 3 respondent, who is the Chairman of the Appraisal Committee, the materials against the petitioner, if any, and also the request to terminate the contractual employment of the petitioner within seven days from today. The Appraisal Committee shall take the decision on such a request within one month thereafter. Further decisions on whether the petitioner should continue or not in Panchayath would be dependent on the decision taken by the Appraisal Committee.
Till the Appraisal Committee takes the decision, the Panchayath should not appoint any other person as Technical Assistant. ” 3. Heard the learned counsel for the appellants, the learned Senior Government Pleader and the learned counsel for the party respondents. 4. The learned counsel for the appellants would submit that by the impugned order, the learned Single Judge directed the th 4 respondent Joint Director of Panchayat to exercise the power which is not conferred on him in terms of Annexure A9 Government Order and hence the appellants filed this appeal. 5. The learned Senior Government Pleader submitted that WA NO. 558 OF 2025 7 2025:KER:30720 the report of the Appraisal Committee is necessary to terminate st the service of the 1 respondent, and the said fact was clear from Exts. P4 and P5 documents. 6. The learned counsel for the party respondents would st submit that the 1 respondent has period up to 09. 10. 2025 and she was directed to be reinstated by Ext. P5 order. 7.
In the impugned order, the learned Single Judge st th directed the 1 appellant Panchayat to communicate to the 4 respondent herein, who is the Chairman of the Appraisal st Committee, the materials against the 1 respondent, if any, and also the request to terminate the contractual employment of the st 1 respondent, within seven days. Ext. P4 is the Government order dated 30. 01. 2024 extending the contract period of Technical Assistants currently working on contract basis in the Local Self- Government Institutions. It is by referring to Annexure A9 order dated 18. 10. 2022 of the Government, Ext. P4 was issued. In Annexure A9 it was directed to constitute an Appraisal Committee in every Panchayat in the Chairmanship of the Panchayat Deputy Director, consisting of two Grama Panchayat Presidents of that WA NO.
558 OF 2025 8 2025:KER:30720 District nominated by the Panchayat Director, two Grama Panchayat Secretaries and the District Co-ordinator of Information, Kerala Mission for taking a decision as to the extension of contract period/termination of Technical Assistants. Clause 7(ii) of Ext. P4 Government order says that in the event, any local self-government institutions officially certify and submit to the Appraisal Committee that they do not require the service of Technical Assistants, then the Appraisal Committee shall immediately take a decision on the matter of their termination. It is noting this provision, the learned Single Judge passed the impugned order. However, while passing that order, the learned Single Judge went wrong, by directing the Panchayat to communicate to the Joint Director, instead of the Appraisal Committee.
In such circumstances, we deem it appropriate to dispose of this writ appeal by interfering with the impugned order only to the extent it directs the Panchayat to communicate to the Joint st Director of Panchayat, the materials against the 1 respondent, if any, and also the decision if any taken to terminate the contractual WA NO. 558 OF 2025 9 2025:KER:30720 st employment of the 1 respondent and instead direct that said communication to be made by the Panchayat to the Appraisal Committee, within seven days from the date of receipt of a certified copy of this judgment. We make it clear that all remaining directions given by the learned Single Judge in the impugned order will sustain. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S. , JUDGE sks NO. 558 OF 2025 10 2025:KER:30720 APPENDIX OF WA 558/2025 TRUE COPY OF THE APPLICATION SUBMITTED BY THE FIRST RESPONDENT DATED 06-11-2024 BEFORE THE PRESIDENT OF THE FIRST APPELLANT PANCHAYAT TRUE COPY OF THE GENERAL BODY DECISION NO.
13/1 DATED 13-11-2024 OF THE PANCHAYAT COMMITTEE TRUE COPY OF THE REPORT DATED NIL OF THE SUB-COMMITTEE TRUE COPY OF THE GENERAL BODY DECISION NO. 3/1 DATED 31-01-2025 OF THE PANCHAYAT COMMITTEE TRUE COPY OF THE UNANIMOUS DECISION NO. 3/1 DATED 20-12-2024 OF THE PANCHAYAT COMMITTEE TRUE COPY OF THE COMPLAINT DATED 07-11-2024 ALONG WITH THE COVERING LETTER DATED 08-11- 2024 OF THE FOURTH RESPONDENT TRUE COPY OF THE REPORT DATED 11. 11. 2024 SUBMITTED BY THE 2ND APPELLANT BEFORE THE 4TH RESPONDENT TRUE COPY OF THE GOVERNMENT ORDER NO. 247/2024/LSGD TRUE COPY OF THE GOVERNMENT ORDER NO. 2518/2022/LSGD DATED 18. 10. 2022
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