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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ST TUESDAY, THE 1 DAY OF OCTOBER 2024 / 9TH ASWINA, 1946 WA NO. 1442 OF 2024 ORDER DATED 06.08.2024 ARISING FROM WP(C) NO.28072 OF 2024 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 5-7:
1 VANDIPERIYAR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VANDIPERIYAR GRAMA PANCHAYATH OFFICE, MANJUMALA, VANDIPERIYAR, IDUKKI, PIN - 685533
2 THE SECRETARY VANDIPERIYAR GRAMA PANCHAYATH, VANDIPERIYAR GRAMA PANCHAYATH OFFICE, MANJUMALA, VANDIPERIYAR, IDUKKI, PIN - 685533
3 THE PRESIDENT VANDIPERIYAR GRAMA PANCHAYATH, VANDIPERIYAR GRAMA PANCHAYATH OFFICE, MANJUMALA, VANDIPERIYAR, IDUKKI, PIN - 685533 BY ADV SRI.JOMY K. JOSE RESPONDENTS/PETITIONERS 1 AND RESPONDENTS R1-R4:
1 AMBILY.R AGED 42 YEARS W/O.JAYAN.A.K, OVERSEER, MGNREGA, VANDIPERIYAR GRAMA PANCHAYATH, ALAKKLATHIL, CHELLARKOVIL.P.O, IDUKKI., PIN - 685512
2 SATHI.A AGED 45 YEARS W/O.JAYAKUMAR, AITA MGNREGA, VANDIPERIYAR GRAMA PANCHAYATH, PASHUMALA ESTATE, VANDIPERIYAR, IDUKKI., PIN - 685533 3 MISSION DIRECTOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, (KERALA), 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM., PIN - 695033
4 DISTRICT COLLECTOR AND DISTRICT PROGRAMME CO-
ORDINATOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, COLLECTORATE, IDUKKI., PIN - 685603
5 JOINT PROGRAMME CO-ORDINATOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, COLLECTORATE, IDUKKI., PIN - 685603
6 BLOCK PROGRAMME OFFICER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, BLOCK PANCHAYATH OFFICE, AZHUTHA, IDUKKI., PIN - 685531 SRI T C KRISHNA, DSGI IN CHARGE, SR GP SMT VINITHA B THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
P.G. Ajithkumar, J.
Respondent Nos.5, 6 and 7 in W.P.(C) No.28072 of 2024 are the appellants. The writ petition was filed by respondents No. 1 and 2 seeking to quash Ext.P11, order No.SC2-4034/24 dated 01.08.2024, by which their service was terminated. The learned Single Judge as per the order dated 06.08.2024 directed the appellants to allow respondents Nos.1 and 2 to continue in the post of Overseer and IT Assistant respectively. The appellants challenge the said order in this appeal filed under Section 5(i) of the Kerala High Courts Act, 1958.
2. Heard the learned counsel for the appellants, the learned counsel for respondent Nos.1 and 2 and the learned Special Government Pleader.
3. The submissions of the learned Counsel for the appellants is that respondents No. 1 and 2 were contract employees and their engagement was terminated on account of their underperformance. When the appellants are unable to employ them further, engaging fresh hands after following a due process for selection is very much essential for the proper implementation of the projects of the 1st appellant Grama Panchayat which are under way. The apprehension of the appellants is that any delay in deciding the matter by the learned Single Judge would pose inordinate delay in the implementation of the projects of the Panchayat. Besides, it is contended that respondents No. 1 and 2 being contract employees, the impugned order allowing them to continue is untenable in law and liable to be set aside.
4. I.A.No. 1 of 2024 was filed in the writ petition seeking to vacate the interim order which is impugned in this appeal. That application is listed to 26.09.2024 for consideration. The learned Single Judge could not consider that application on 26.09.2024. When the learned Single Judge proposes to hear that interlocutory application, we are of the view that instead of this Court considering the correctness and legality of the said order which is an ad interim one, it is apposite to leave it for the decision of the learned Single Judge.
In the said circumstances, this writ appeal is disposed of requesting the learned single Judge to decide I.A.No.1 of 2024 expeditiously.
ANIL K. NARENDRAN, JUDGE
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