Contract employees under government schemes are entitled to continuation of service based on performance appraisal as per relevant government orders.

JUDGMENT

Dated this the 22nd day of July, 2022 This writ petition is filed seeking the following reliefs :-

i)To set aside Ext. P6 as unjust, illegal and arbitrary;

ii) To declare that the petitioner is not liable to be terminated from service and is entitled to continue in their respective posts, till the Mahatma Gandhi National Rural Employment Scheme continues in Kunnamangalam Grama Panchayat.

iii) To issue a writ of mandamus directing the respondents 5 to 7 to pass orders permitting the petitioner to continue in service as Accredited Engineer at Kunnamangalam Grama Panchayat.

iv) To issue a writ of mandamus directing the respondents 5 to 7 to refrain from inducting fresh hands in the posts of Accredited Engineer at Kunnamangalam Grama Panchayat, on temporary basis.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. Though notice was taken out to respondents 5 to 7, there is no appearance for the said respondents.

4. It is submitted by the learned counsel for the petitioner that the petitioner was engaged on contract under the MGNREG Scheme in Kunnamangalam Grama Panchayat in the post of Accredited Engineer. It is stated that the contract of the petitioner was renewed from time to time. It is submitted that at present, a Government Order has been issued on 30.6.2022 extending the services of contract employees under the Scheme for a further period of two years from 30.6.2022. The extension is on condition that a performance appraisal will be conducted by the duly constituted appraisal committee in July 2022 and the extension will be on the basis of the appraisal.

5. The learned Government Pleader submits that the petitioner who is admittedly contract appointee under the Scheme is entitled to the benefit of the Government Order.

In the above view of the matter, this writ petition is disposed of directing that the services of the petitioner shall be continued on the basis of the Government Order dated 30.6.2022 and subject to the conditions provided therein. The contentions of the parties are left open.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska APPENDIX OF WP(C) 21039/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER A4 4773/15 DATED 17.06.2015 ISSUED BY 6TH RESPONDENT.

Exhibit P2 TRUE COPY OF LETTER OF AGREEMENT NO. 03/2020-

2021 DATED 13.06.2020 Exhibit P3 TRUE COPY OF G.O NO. 1149/2021/LSGD DATED

15.06.2021 ISSUED BY IST RESPONDENT.

Exhibit P4 TRUE COPY OF OF G.O NO. 758/2022/LSGD DATED

26.03.2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF EXPERIENCE CERTIFICATE OF THE PETITIONER ISSUED BY THE 6TH RESPONDENT.

Exhibit P6 TRUE COPY OF RESOLUTION NO. 5/1 DATED

14.06.2022.

Exhibit P7 TRUE COPY OF THE G.O (MS) NO. 952/12/LSGD DATED 29.03.2012.

Exhibit P8 TRUE COPY OF G.O. (RT.) NO. 1067/2021/LSGD DATED 01.06.2021, ISSUED THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF ORDER PAN/14760/2020-E9(DP) DATED

12.01.2021, ISSUED THE DIRECTOR OF PANCHAYATS.

Exhibit P10 TRUE COPY OF G.O (MS) 1496/2021/ LSGD DATED

09.08.2021 ISSUED BY 1ST RESPONDENT. DATED

30.06.2021.

Exhibit P11 - TRUE COPY OF INTERIM ORDER IN WA NO.

807/2021 DATED 30/06/2021 Exhibit P12 TRUE COPY OF JUDGMENT IN WRIT APPEAL NO.925/2021 AND CONNECTED C DATED 27.09.2021.

Exhibit P13 TRUE COPY OF INTERIM ORDER IN WP(C) NO.

9231/2022 DATED 18.03.2022.

Exhibit P14 TRUE COPY OF INTERIM ORDER DATED 23.05.2022 IN WPC 10366/2022.