Persons employed under the MGNREG Scheme have no legal right to claim continuance after the expiry of their fixed-term contract.

JUDGMENT

The petitioner was working as Accountant-cum-Data Entry Operator at the Pavaratty Grama Panchayat. She was appointed under the Mahatma Gandhi National Rural Employment Guarantee Scheme ('MGNREG Scheme', for short), initially on 3.3.2008. The contract of appointment was renewed from time to time and the last extension under Exhibit P1 agreement was for a period of one year from 6.5.2020. As her term of employment was due to expire by 6.5.2021, petitioner requested the Panchayat Committee to renew her contract. The Panchayat Committee declined the request and sought the Government's opinion, in view of the Secretary's objection. The Government approved the Committee's decision and thereupon, Exhibit P4 communication was issued relieving the petitioner from duties with effect from the forenoon of 23.6.2021.

2. Learned Counsel for the petitioner relies on Exhibit P5 Government order, directing reinstatement of persons employed under the MGNREG Scheme whose contract period expired between 1.4.2021 and 14.6.2021. Reliance is also placed on Exhibit P3 Government order, which mandates that, before terminating the service of persons appointed under the MGNREG Scheme, permission from the Rural Employment Commissioner should be obtained. It is contended that, the petitioner's service was terminated in violation of the Government order and amounts to colourable exercise of power. Attention is drawn to Exhibit P2 order to contend that, the Government having fixed the contract period of Data Entry Operators as two years, the Panchayat committed gross illegality by compelling the petitioner to enter into an agreement for one year. Reliance is placed on Exhibit P8 order to submit that, taking into account the second wave of COVID pandemic, the Government had ordered extension of the period of service of contract employees until further orders. Reliance is also placed on the Division Bench judgment of this Court in W.A.No.807 of 2021, wherein, after taking into account the contentions raised by similarly placed employees, this Court permitted the appellants to file representations before the Director of Panchayats and required the Director to take a decision on the representations based on the extant Government orders and Department Circulars. It was also directed that, in the event of the Director's decision being against the appellants, the operation and implementation of the orders should be kept in abeyance for a period of four weeks from the date of communication. Learned counsel submits that, to her information, no orders have been passed on the representation filed by the appellants in W.A.No.807 of 2021.

3. Learned Government Pleader contended that, having been appointed for a fixed term, the petitioners have no legal right to claim continuance. It is submitted that Exhibit P8 Government order with respect to persons employed on contract in connection with COVID related duties and has no application to the petitioner's service.

4. Having heard the learned Counsel on either side and the learned Government Pleader, I find that the issue canvassed is, to a large extent, covered by the Division Bench judgment in W.A.No.807 of 2021. Therein, the Division Bench had permitted the appellants to file detailed representation highlighting their grievances and to forward the same to the Director of Panchayats. The Director was ordered to take a decision in the matter after hearing the appellants and the respondent Grama Panchayat and after considering whether the cases of the appellants are covered by the Government orders.

Learned counsel for the petitioner submitted that in addition to the contention that are dealt with in the writ appeal judgment, the petitioner has also raised a contention regarding legal malice remains unanswered. In the nature of the direction being issued hereunder, I deem it appropriate to reserve the petitioner's right to agitate the contention regarding malice separately.

In the result, the writ petition is dispose