Contract employees under the MGNREG scheme have a right to service continuation based on governmental directives and conditions.

JUDGMENT

Dated this the 30 th day of Ju ne , 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 in service as till the Mahatma Gandhi National Rural Employment Scheme continues in Kottapady Grama Panchayat.

ii) To issue a writ of mandamus directing the respondents to pass orders permitting the petitioners to continue in at Kottapady Grama Panchayat in the posts of Accredited Engineer, Overseer and Accountant-cum-

Data Entry Operator;

iii) To issue a writ of mandamus directing the respondents to refrain from inducting fresh hands in the posts of petitioners at Kottapady Grama Panchayat in the posts of Accredited Engineer, Overseer and Accountant-cum-

Data Entry Operator;

2. Heard the learned counsel for the petitioners and the learned Government Pleader. Though notice was duly taken out to respondents 6 to 8 and was served, there is no appearance for the said respondents.

3. It is submitted by the learned counsel for the petitioners that the petitioners were appointed under the MGNREG Scheme in Kottapady Grama Panchayat in the posts of Accredited Engineer, Overseer and Accountant cum Data Entry Operator. 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 30.06.2022 extending the services of contract employees under the Scheme for a further period of two years from 30.06.2022. 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 30.06.2022 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 NP APPENDIX OF WP(C) 11007/2022 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.A4-2586/11 DATED

29.08.2011.

Exhibit P2 TRUE COPY OF THE ORDER NO.A4-527/07 OF THE KOTTAPADY PANCHAYAT DATED 24.05.2012.

Exhibit P3 TRUE COPY OF THE ORDER NO.A4-527/07 OF THE KOTTAPADY PANCHAYAT DATED 24.05.2012.

Exhibit P4 TRUE COPY OF THE AGREEMENT FOR CONTRACT OF THE FIRST PETITIONER.

Exhibit P4(A) TRUE COPY OF THE AGREEMENT OF CONTRACT FOR THE SECOND PETITIONER Exhibit P4(B) TRUE COPY OF THE AGREEMENT OF CONTRACT FOR THE THIRD PETITIONER Exhibit P5 TRUE COPY OF THE G.O(MS)NO.1149/2021/LSGD DATED 15.06.2021.

Exhibit P6 TRUE COPY OF THE ORDER PAN/14760/2020-E9(DP)

DATED 12.01.2021, ISSUED BY THE DIRECTOR OF PANCHAYATS.

Exhibit P7 TRUE COPY OF G.O(MS)NO.1496/2021/LSGD DATED

19.08.2021.

Exhibit P7(A) GO(P)NO.1067/21 DATED 1/6/21.

Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN WA NO.807/2021 DATED 30.06.2021 Exhibit P9 TRUE COPY OF JUDGMENT IN WRIT APPEAL.

NO.807/2021 AND CONNECTED CASE DATED

27.9.2021.

Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.9231/2022 DATED 18.03.2022 Exhibit P11 TRUE COPY OF THE G.O.NO.758/2022/LSGD DATED

26.03.2022.

RESPONDENTS’ EXHIBITS: NIL