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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
Vandiperiyar Grama Panchayath – Appellant
Versus
Ambily.r,aged 42 Years W/o.jayan.a.k – Respondent
JUDGMENT :
Muralee Krishna, J.
1. This writ appeal is filed under Section 5(i) of the Kerala High Court Act, 1958 by respondents 5 to 7 in W.P.(C)No.28072 of 2024, challenging the interim order dated 6.08.2024 passed by the learned Single Judge permitting respondents 1 and 2 herein to continue in the post of Overseer and IT Assistant respectively in the 1st appellant-Vandiperiyar Grama Panchayat, till the Secretary of the Grama Panchayat produces the copy of the letter dated 19.07.2024 referred to in Ext.P11 proceedings dated 01.08.2024 of the 2nd appellant Secretary of Vandiperiyar Grama Panchayath as well as the order dated 11.11.2024 passed by the learned Single Judge in I.A. No.2 of 2024, extending that interim order until further orders.
2. Respondents 1 and 2 filed the writ petition under Article 226 of the Constitution of India seeking the following reliefs:
i) Issue a writ of certiorari or any other writ or order to set aside Ext. P11 to the extent it terminates service of the petitioners;
ii) Call for the records leading to issuance of Ext. P10 and set aside the same to the extent of awarding marks to the petitioners by issuing a writ of certiorari;
iii) Declare that appointment
Interim orders should not effectively grant final relief and must adhere to procedural guidelines for contract renewals, ensuring fairness in performance appraisals.
Temporary employment can be terminated without formal proceedings if misconduct is established and the employee is given an opportunity to be heard.
The court ruled that non-renewal of contracts for Field Assistants is justified based on performance assessment, acknowledging the employer's right to assess suitability for renewal, but emphasized t....
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
A termination based on misconduct, even of a temporary employee, must be preceded by a departmental enquiry to ensure procedural fairness and compliance with Article 14 of the Constitution of India.
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
The termination of an employee must be based on valid grounds and must follow principles of natural justice, and lack of fraud, misrepresentation, or misconduct on the employee's part can render the ....
Court in exercise of its extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India has no power to re-write contract or to compel the State to enter into ....
The main legal point established in the judgment is the court's interpretation of the power of the High Court under Article 226 of the Constitution of India to reach injustice wherever it is found an....
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