Kerala High Court
Athira Suresh vs State Of Kerala on 3 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:9734
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
WP(C) NO. 16396 OF 2025
PETITIONERS:
1 ATHIRA SURESH
AGED 29 YEARS
W/O ACHU. C ACCREDITED OVERSEER, MGNREGS,
ARATTUPUZHA GRAMA PANCHAYATH MUTHUKULAM BLOCK
PANCHAYATH, ALAPPUZHA 690 535
RESIDING AT KARTHIKA (H) KOCHIYUDEJETTY
KANDALLOOR SOUTH P.O ALAPPUZHA
2 SUREMYA P
AGED 34 YEARS
W/O SREENATH ACCOUNTANT CUM IT ASSISTANT,
MGNREGS ARATTUPUZHA GRAMA PANCHAYATH
MUTHUKULAM BLOCK PANCHAYATH ALAPPUZHA 690 535
RESIDING AT VETTUPARAMBIL HOUSE, VATCHAL,
ARATTUPUZHA P.O, ALAPPUZHA 690 535
3 SATHRENG.S
AGED 32 YEARS
S/O SURENDRAN B, ACCREDITED OVERSEER,
MGNREGS ARATTUPUZHA GRAMA PANCHAYATH
MUTHUKULAM BLOCK OFFICE, ALAPPUZHA 690 535
RESIDING AT SG COTTAGE, KANDALLOOR NORTH,
PALLOTTI MARKET P.O ALAPPUZHA, PIN - 690531
4 BINDHU CHANDRAN
AGED 47 YEARS
W/O CHANDRAN ACCOUNTANT CUM IT ASSISTANT,
MGNREGS ARATTUPUZHA GRAMA PANCHAYATH
MUTHUKULAM BLOCK PANCHAYATH ALAPPUZHA 690 535
RESIDING AT ELEMPALLISSERIL PUTHUVAL (H)
MUTHUKULAM (S) P.O, ALAPPUZHA, PIN - 690506
2026:KER:9734
WP(C) No.16396 of 2025
2
5 K.PRESANNAKUMARI
AGED 52 YEARS
W/O K.REMESHAN ACCREDITED ENGINEER,
MAHATMA GANDHI NREGS, ARATTUPUZHA GRAMA
PANCHAYATH MUTHUKULAM BLOCK PANCHAYATH
ALAPPUZHA 690 535 RESIDING AT KALYANI HOUSE,
MANGALAM P.O ALAPPUZHA, PIN - 690515
BY ADVS.
SRI.KALEESWARAM RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF PANCHAYATHS
PUBLIC OFFICE BUILDING, LMS VELLAYAMBALAM ROAD,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
3 RURAL DEVELOPMENT COMMISSIONER & MISSION
DIRECTOR, MAHATMA GANDHI NATIONAL RURAL
EMPLOYMENT GUARANTEE SCHEME, FIRST FLOOR,
PUNARJANI, T.C 26/1333(2), PANAVILA JUNCTION,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DISTRICT COLLECTOR
FIRST FLOOR, COLLECTORATE,
ALAPPUZHA, KERALA, PIN - 688001
5 THE DISTRICT PROGRAMME COORDINATOR
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME, ALAPPUZHA DISTRICT,
PIN - 690516
6 THE PANCHAYATH
REPRESENTED BY SECRETARY
ARATTUPUZHA GRAMA PANCHAYATH,
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WP(C) No.16396 of 2025
3
ALAPPUZHA, PIN - 690535
7 SECRETARY
ARATTUPUZHA GRAMA PANCHAYATH,
ALAPPUZHA, PIN - 690535
8 PANCHAYATH COMMITTEE
REPRESENTED BY ITS PRESIDENT
ARATTUPUZHA GRAMA PANCHAYATH COMMITTEE,
ARATTUPUZHA, ALAPPUZHA, PIN - 690535
9 BLOCK DEVELOPMENT OFFICER
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME, MUTHUKULAM BLOCK,
ALAPPUZHA, PIN - 690506
10 JOINT PROGRAMME CO-ORDINATOR
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT
GUARANTEE SCHEME, ALAPPUZHA DISTRICT,
PIN - 690516
BY ADVS.
SRI.P.MOHANDAS (ERNAKULAM)
SRI.K.SUDHINKUMAR
SRI.SABU PULLAN
SRI.GOKUL D. SUDHAKARAN
SRI.R.BHASKARA KRISHNAN
SRI.BHARATH MOHAN
DR.K.P.SATHEESAN (SR.)
SRI.PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.16396 of 2025
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JUDGMENT
Dated this the 3rd day of February, 2026 The petitioners, who were working under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), have filed this writ petition seeking to quash Exts.P2, P3, P6 and P16 and to direct the respondents to issue orders retaining / re-engaging the petitioners in service as Accredited Engineer, Accredited Overseer and Accountant-cum-IT Assistant in Arattupuzha Grama Panchayat, Alappuzha as long as MGNREG Scheme exists.
2. The petitioners would urge that their contracts were validly renewed on 02.08.2024 based on the performance appraisal as evidenced by Ext.P1 and will continue for a period of two years from the date of its renewal i.e., until 02.08.2026. The contract explicitly provides for a two year term. The petitioners had secured more than minimum required score (50%) in their appraisal in accordance with 2026:KER:9734 WP(C) No.16396 of 2025 5 Ext.P8 Government Order. Therefore, the petitioners have a legitimate expectation to continue in service.
3. Be that as it may, from the pleadings, I find that the petitioners have preferred Ext.P23 representation before the 7th respondent in this regard.
4. In the facts and circumstances of the case, it would be only appropriate that the 7 th respondent considers the grievance of the petitioners at least at the first instance.
The writ petition is accordingly disposed of directing the 7th respondent to consider Ext.P23 representation and pass appropriate orders thereon within a period of two months after giving opportunity of hearing to the petitioners. Needless to say, the petitioners will be at liberty to challenge the orders that may be passed by the 7th respondent, if they are so advised.
Sd/-
N.NAGARESH JUDGE spk 2026:KER:9734 WP(C) No.16396 of 2025 6 APPENDIX OF WP(C) NO. 16396 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LETTER NO.D-506/ALP-
NREGA-A4 DATED 02.08.2024 ISSUED BY THE 10TH RESPONDENT ALONG WITH ORDER NO.D. 506/2024/N.R.E.G.A DATED 01.08.2024.
Exhibit P2 TRUE COPY OF THE DECISION NO.4/1 DATED 07.09.2024 WAS TAKEN BY THE 6TH RESPONDENT GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE AWARD NO.OMB/ALP/AW/65/2024 DATED 11.09.2024 PASSED BY THE OMBUDSMAN.
Exhibit P4 TRUE COPY OF THE LETTER NO.NREGA-ALP-
124-2024/A4 DATED 01.10.2024 ISSUED BY THE 10TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE G.O NO.80/2024/LSGD DATED 29.06.2024.
Exhibit P6 TRUE COPY OF THE MINUTES OF THE MEETING NO.12/25 DATED 25.03.2025. 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. NO.1559/2022/LSGD DATED 30.06.2022.
Exhibit P9 TRUE COPY OF DECISION NO.4/1 DATED 29.03.2025.
Exhibit P10 TRUE COPY OF THE LETTER NO.A3-4665/16 DATED 08.09.2016.
Exhibit P11 TRUE COPY OF THE LETTER NO.B-3346/07 DATED 21.01.2008.
Exhibit P12 TRUE COPY OF THE DEGREE IN B.COM OF THE 4TH PETITIONER, OBTAINED FROM THE UNIVERSITY OF KERALA, DATED 06.07.2000.
Exhibit P13 TRUE COPY OF THE CERTIFICATE OF THE 4TH PETITIONER'S POST GRADUATE DIPLOMA IN COMPUTER APPLICATIONS OBTAINED FROM THE NEHRU CENTER FOR EDUCATION AND TECHNOLOGY DATED FEBRUARY 2014.
2026:KER:9734 WP(C) No.16396 of 2025 7 Exhibit P14 TRUE COPY OF THE CERTIFICATE OF THE 4TH PETITIONER'S POST GRADUATE DIPLOMA IN COMPUTER APPLICATIONS OBTAINED FROM THE KERALA STATE RURAL WOMEN'S ELECTRONICS INDUSTRIAL COOPERATIVE FEDERATION LTD., DATED 12.06.2024. Exhibit P15 TRUE IMAGE OF THE ESTABLISHMENT FROM WHICH THE 4TH PETITIONER OBTAINED THE PGDCA CERTIFICATE, TAKEN ON 08.03.2025.
Exhibit P16 TRUE COPY OF THE LETTER NO. S. C3- 100/25 FORWARDED BY THE 7TH RESPONDENT DATED 29.03.2025.
Exhibit P17 TRUE COPY OF THE JUDGMENT IN JENSON M
JOY V. STATE OF KERALA W.P.(C)
NO.34541/2017 DATED 21.01.2019 PASSED BY THE HON'BLE HIGH COURT OF KERALA. Exhibit P18 TRUE COPY OF THE JUDGMENT IN TINTU K. V. UNION OF INDIA ILR 2023(1) KER 283. Exhibit P19 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 01.04.2025.
Exhibit P20 A TRUE COPY OF THE MEETING NOTICE ISSUED BY THE 6TH RESPONDENT, NO. 15/2025 DATED 30.04.2025.
Exhibit P21 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 17424 OF 2024 DATED 10.05.2024 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
Exhibit P22 TRUE COPY OF THE UNDATED INVESTIGATION REPORT ISSUED BY THE DEPUTY DIRECTOR. Exhibit P23 TRUE COPY OF THE REPRESENTATION DATED 02.02.2026 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. RESPONDENT EXHIBITS EXHIBIT-R7(A) TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF THE JOINT PROGRAMME CO- ORDINATOR, MAHATMA GANDHI N.R.E.G.S. DATED 27-03-2025 EXHIBIT-R7(B) TRUE COPY OF THE REPORT GIVEN BY THE ASSISTANT ENGINEER OF ARATTUPUZHA GRAMA PANCHAYAT DATED 9-7-2024 2026:KER:9734 WP(C) No.16396 of 2025 8 EXHIBIT R10 (B) TRUE COPY OF THE LETTER DATED 03.01.2025 ISSUED FROM QUALITY MONITORS MGNRES ALAPPUZHA TO THE JOINT PROGRAMME COORDINATOR EXHIBIT R10 (C) THE ENQUIRY REPORT DATED 16.05.2025 EXHIBIT R10 (A) TRUE COPY OF ORDER NO.NREGA/372/2022- D1 DATED 02.07.2024