JUDGMENT

th Dated this the 8 day of July 2022 This writ petition is filed seeking the following reliefs:- i) Call for the records pertaining to Ext.P5 and quash the same by issuing a writ of certiorari finding that the same is illegal and without complying the procedure and by violating natural justice.

ii) Issue a writ of mandamus directing the Respondents to re-appoint the petitioner as contingent worker in the 1st Respondent Municipality.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Municipality.

3. It is submitted by the learned counsel for the petitioner that the petitioner was working as contingent worker on temporary basis in the Muvattupuzha Municipality. She had registered in the employment exchange and had been selected as contingent worker on the basis of her sponsorship by the employment exchange. She was also working as Accredited Social Health Activist Worker (for short, ASHA worker) at Pandapilli Community Health Centre from the year 2009. It is submitted that the appointment of an ASHA worker is on honorarium basis and that Ext.P2 circular provides the conditions to be complied for payment of the honorarium.

4. It is stated that on the basis of an anonymous complaint raised on 24/1/2022, Ext.P3 show cause notice had been issued to the petitioner, requiring her to show cause why her employment as contingent worker should not be terminated, since, she was working as ASHA worker as well. It is stated that the petitioner submitted Ext.P4 reply stating that her engagement as an ASHA worker is not a full time employment and that she is not drawing salary from the Government and that therefore, the contention is untenable. However, by Ext.P5 order dated 14/3/2022 the petitioner's services were terminated, on the ground that she was also working as ASHA worker.

5. The learned counsel for the petitioner submits that the contingent workers under a Municipality are not Government servants as has been held by this court in Santhosh Kumar A. V Director of Panchayaths, TVM and Ors in [2013 (2) KLT 548]. It is further submitted that since the engagement as ASHA worker is only on honorarium basis and is governed by Exts.P2 and P7 and other circulars of the similar nature, the petitioner cannot be said to be holding two Government posts at the same time and that the reasons stated in Ext.P5 are therefore absolutely untenable.

6. A counter affidavit has been placed on record by the 2nd respondent stating that a complaint had been received by the Municipality on 20/1/2022 stating that the petitioner is working as ASHA worker in Pandappilly Community Health Centre and as contingent worker in the Municipality and that action is to be taken for doing two Government jobs at the same time. It is stated that the notice was sent to which the petitioner replied admitting that she was working as an ASHA worker as well. It is stated that, it is thereafter that the orders were passed terminating the petitioner's services. 7. It is contended that a Government Order dated 27/7/2018 stipulates that ASHA workers may not engage in full time paid salaried employment outside their own Panchayat/Municipality/ Corporation. It is further submitted that the petitioner, being a contingent worker in the Municipality doing another job in another institution in the Government of Kerala is against the rules and therefore, the writ petition is not liable to be entertained.

8. I have considered the contentions advanced, Ext.P2 which is a Government Order dated 27/7/2018, with regard to the employment conditions of ASHA workers specifically states that ASHA workers shall not engage in full time employment outside their own Panchayat/Municipality/Corporation. Eight conditions for the award of full honorarium of Rs.4,000/- per month is also provided in Ext.P2. A reading of Ext.P2 would show that the engagement of ASHA worker is specifically to carry out the responsibilities provided for the post and is