Contract employees under the MGNREG scheme are entitled to continued service as per Government Orders, contingent on meeting evaluation criteria.

JUDGMENT

Dated this the 5 th day of July, 2022 This writ petition is filed seeking the following reliefs :-

“i) To declare that the petitioners are not liable to be terminated from service and that they are entitled to continue as till the Mahatma Gandhi National Rural Employment Scheme continues in Pattanakkad Grama Panchayat.

ii) To issue a writ of mandamus directing the respondents to pass orders permitting the petitioners to continue in service in their current posts.

iii) To issue a writ of mandamus directing the respondents to refrain from inducting fresh hands in the post of petitioners at Pattanakkad Grama Panchayat.”

2. Heard the learned counsel for the petitioners and the learned Government Pleader. In the light of the directions being issued, notice to respondents 6 to 8 is dispensed with.

3. It is submitted by the learned counsel for the petitioners that the petitioners were appointed under the MGNREG Scheme in Pattanakkad Grama Panchayat in the posts of Accredited Overseer, Accountant cum Data Entry Operator, Accountant cum IT Assistant etc. It is stated that the contract of the petitioners 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 an appraisal will be conducted in July 2022 and the extension will be on the basis of the appraisal as well.

4. The learned Government Pleader submits that all the petitioners who are admittedly contract appointees under the Scheme are 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 petitioners 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 Jvt/6.7.2022

APPENDIX OF WP(C) 10665/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER APPOINTING THE 1ST PETITIONER TO THE POST OF ACCREDITED OVERSEER ENGINEER ON 08.03.2016.

Exhibit P2 TRUE AGREEMENT RENEWING THE CONTRACT OF THE 3RD PETITIONER, DATED 10.03.2020.

Exhibit P3 TRUE COPY OF THE MINUTES OF THE PANCHAYAT MEETING DATED 03.03.2020.

Exhibit P4 TRUE MINUTES OF THE PANCHAYAT MEETING DATED

27.11.2021.

Exhibit P5 TRUE COPY OF THE GO(RT) NO. 1149/2021/LSGD DATED 15.06.2021.

Exhibit P6 TRUE COPY OF THE GO(RT) NO. 1067/2021/LSGD DATED 01.06.2021, ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER PAN/14760/2020-E9 (DP)

DATED 12.01.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS.

Exhibit P8 TRUE COPY OF G.O(RT) 1496/2021/LSGD DATED

09.08.2021.

Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN WA NO.

807/2021 DATED 30.06.2021.

Exhibit P10 TRUE COPY OF JUDGMENT IN WRIT APPEAL NO.

925/2021 AND CONNECTED CASE DATED 27.09.2021.

Exhibit P11 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.

9231/2022 DATED 18.03.2022.