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2014 Supreme(Online)(KER) 30092

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
JESSYMOL K C – Appellant
Versus
KEERAMPARA GRAMA PANCHAYATH – Respondent
WRIT PETITION (CIVIL) 20367/2014



The court reaffirmed that it does not possess execution powers in writ jurisdiction, leaving alternative legal recourse available to the petitioner.

Headnote:

Ombudsman - Non-implementation of Award - MGNREGS - Sections 1, 2 - The court highlighted the absence of necessary legal provisions to compel execution of the Ombudsman award, indicating alternative remedies available for compliance, leading to dismissal of the writ petition.

Fact of the Case:

The petitioner challenged the non-implementation of an Ombudsman award related to MGNREGS entitlements including salary, allowances, and an experience certificate, asserting eligibility without Grama Panchayath committee consent.

Finding of the Court:

The court noted that there are alternative remedies for enforcing the award and emphasized its limited jurisdiction, deciding not to act as an Execution Court.

Issues: Whether the court can compel the Grama Panchayath to comply with the Ombudsman's award regarding the petitioner's entitlements.

Ratio Decidendi: The court established that it is not within its writ jurisdiction to enforce compliance directly and that other remedies should be pursued by the petitioner.

Final Decision: Writ petition dismissed without prejudice to pursue other legal remedies.

JUDGMENT

The petitioner is stated as aggrieved of non-implementation of Ext.P1 award passed by the Ombudsman MGNREGS . The directions contained in Ext. P1 Award are in the following terms :

“The petitioner is entitled to get salary for the month of March 2013, entitled travelling allowance and leave surrender and the same will be paid by the 3rd respondent, Secretary of the Panchayath and Experience certificate containing conduct as good will be issued by the 3rd respondent forthwith. For the above said purpose the consent of the Grama Panchayath committee is not at all necessary. Keerampara Grama Panchayath committee shall appoint the petitioner as Accredited Overseer for the MGNREG Scheme within two weeks from the receipt of this award.

If the award is not complied with within two weeks from the receipt of the award, a copy of the award will be sent to the Kerala Election Commission, Panchayth Minister, Director of Panchayat and Deputy Director of Pachayat Ernakulam for necessary action.

Report of compliance shall be sent to the office of the Ombudsman within one month from the receipt of the copy of the award.”

2. This Court finds that other appropriate remedies are there, for causing implementation of the Award. The course to be pursued in case of default in implementing the Award is mentioned in the Award itself. It is also not known whether the said Award and the subsequent order passed dismissing the interlocutory application seeking review have been subjected to challenge by the respondent Panchayth. In any view of the matter, since the writ jurisdiction of this Court is not to act as an Execution Court, interference is declined and the writ petition is dismissed, without prejudice to the rights and liberties of the petitioner to pursue further steps before the appropriate forum in accordance with law.

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