Kerala High Court
Kavitha P. N vs State Of Kerala on 20 February, 2020
Bench: K.Vinod Chandran, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941
RP.No.222 OF 2020 IN WA. 2197/2019
AGAINST THE ORDER/JUDGMENT IN WA 2197/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
KAVITHA P. N.,
AGED 36 YEARS,
D/O. P. NAGAN, OVERSEER, POTHUKALLU GRAMA PANCHAYAT,
BHOOTHANAM COLONY, P. O. POTHUKALLU,
MALAPPURAM DT. - 679 334.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 RURAL EMPLOYMENT DEVELOPMENT COMMISSIONER
COMMISSIONERATE OF RURAL DEVELOPMENT,
THIRUVANANTHAPURAM - 695 033.
3 DIRECTOR OF PANCHAYATHS
PUBLIC OFFICE BUILDING, PALAYAM,
THIRUVANANTHAPURAM - 695 033.
4 POTHUKALLU GRAMA PANCHAYAT
REPRESENTED BY SECRETARY,
BHOOTHANAM COLONY, P. O. POTHUKALLU,
MALAPPURAM DIST. - 679 334.
R.P NO.222 of 2020 - 2 -
5 THE SECRETARY
POTHUKALLU GRAMA PANCHAYAT,
BHOOTHANAM COLONY, P. O. POTHUKALLU, MALAPPURAM
DIST. - 679 334.
OTHER PRESENT:
SR.GP SRI.P.N.SANTHOSH, SRI.K.M.SATHYANATHA MENON
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P NO.222 of 2020 - 3 -
O R D E R
Dated, this the 20th day of February, 2020 Vinod Chandran, J.
The review petition has been filed claiming benefit of Annexure II Circular. The petitioner a Scheduled Caste candidate claims she is entitled to be continued in her contractual appointment, by virtue of her caste status. The learned Counsel for the petitioner has translated from the vernacular, the specific paragraph, from Annexure II, which translation is as herein below:-
"1. Priority must be given to the persons belonging to the Scheduled Casts and Schedule Tribe community while appointments are made on contract basis under the employment guarantee scheme..... There shall be no hindrances for the continuance of service of those persons belonging to the Scheduled R.P NO.222 of 2020 - 4 - Caste and Schedule Tribe Community who are presently appointed on contract basis in the respective Grama Panchayaths."
2. The vernacular as available in Annexure II is as below:
ത ഴലറപ പദ യത കര ർ ജവനകതര നയമകന വവളയൽ പടകജ , പടകവർഗ വഭ ഗതൽ തപടവർകമൻ ഗണന തക ടവകണ ഗ മപഞയത, വ) ക പഞയത, ജല ഓഫസകള/ അവയൽ പടകജ , പടകവർഗ വഭ ഗതൽതപടവർക യ സ/വരണ/ ത2യതപവ4ണ സകകള/ പസദതപടവതണ ണ. ഇക ര8തത ഉതരവ ദ ;w ബനതപട ഗ മപഞയത തസകടറ, വജ യന വപ ഗ w വക ർഡവനറർ എനവർക യരകw. ഇ ര ഗ മ പഞയത, വ) ക പഞയത, ജല ഓഫസകളൽ ന വൽ പടകജ , പടകവർഗ കര ർ ജവനക ർ ഉÅ പകw അവർ ത4ർന പവr തതയടകന ന യ ത രവധ 4സവw ഉണയരകല.
3. We are afraid the translation as provided in the memorandum is misleading. Annexure II ensures reservation to SC & ST candidates in the employment guarantee scheme @ 8% & 2% respectively. The cited R.P NO.222 of 2020 - 5 - paragraph provides, that in appointing persons on contract in the employment guarantee scheme, the Grama-Panchayaths, Block Panchayaths and District Offices in which priority should be given for appointment of Scheduled Caste and Scheduled Tribe candidates are to be identified along with the posts and the same published. The responsibility to so identify and publish, is then placed on the Secretaries of Panchayaths and the Joint Program Co-ordinators of District Offices. It is also clarified that while making such appointments to the identified reservation posts, the continuance of those SC/ST already appointed in other Panchayaths, Grama Panchayath, Block Panchayath and District Offices will not be affected. The purport is only that the appointment of reserved candidates to the posts identified for them cannot by itself result in termination of the SC/ST candidates appointed in identical manner in the other Panchayaths or District Offices. This does not provide for any R.P NO.222 of 2020 - 6 - blanket continuation of SC/ST candidates. We find no grounds for review.
Review Petition stands dismissed in limine.
Sd/-
K. Vinod Chandran, Judge Sd/-
V.G.Arun, Judge jma R.P NO.222 of 2020 - 7 - APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I A COPY OF ORDER DATED 14.10.2019. ANNEXURE II A COPY OF THE CIRCULAR DATED 19.12.2019 ISSUED BY MISSION DIRECTOR.
ANNEXURE III A COPY OF CERTIFICATE SHOWING THAT THE PETITIONER BELONGS TO SCHEDULED TRIBE.