Kerala High Court
* Sathikumari.P vs Union Of India
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939
WP(C).No. 37416 of 2015
PETITIONER(S):
1 * SATHIKUMARI.P.,
D/O.SASIDHARAN NAIR, CHIMIZHU, SRA-A 38, SREENAGAR,
VENCHAVODU, SREEKARYAM P.O, THIRUVANANTHAPURAM-695 017,
WORKING AS GOVERNANCE & CHANGE MANAGEMENT SPECIALIST,
UMC, IMG, THIRUVANANTHAPURAM.*[REMOVED]
2 * SMITHA V.S.,
D/O.K.VASUDEVAN NAIR, TC 19/2192, AMBIKA NILAYAM,
MUDAVANMUGAL, POOJAPPURA PO, THIRUVANANTHAPURAM-695
012, WORKING AS MUNICIPAL FINANCE SPECIALIST, UMC, IMG,
THIRUVANANTHAPURAM.*[REMOVED]
* [1ST AND 2ND PETITIONERS ARE REMOVED FROM THE PARTY
ARRAY AS PER ORDER DATED 21.01.2016 IN IA 541/16.]
3 SHEEJA N.,
D/O.P.K.NARAYANA PILLAI, TC 18/1310-1, AISWARYA, KUNNAPUZHA,
ARAMADA P.O, THIRUVANANTHAPURAM-695 032, WORKING AS IT
CUM M & E SPECIALIST, ATTINGAL, THIRUVANANTHAPURAM.
4 AMBI JOSEPH,
D/O.K.P.JOSEPH, PUTHYAZHATHU, VADACKUMBHAGAM, CHAVARA
SOUTH PO, KOLLAM-691 584, WORKING AS SOCIAL DEVELOPMENT
SPECIALIST, ATTINGAL, THIRUVANANTHAPURAM.
5 NISHA SURENDRAN,
D/O.K.K.SURENDRAN, KRISHNA, VENGANOOR PO, TRIVANDRUM-695
523, WORKING AS URBAN INFRASTRUCTURE SPECIALIST, ATTINGAL,
THIRUVANANTHAPURAM.
6 DHANYA D.,
D/O.DOMINIC G., KALATHIPOIKA HOUSE, KARIKUZHI,
PADAPPACKARA PO, KOLLAM-691 503, WORKING AS URBAN
INFRASTRUCTURE SPECIALIST, KOLLAM.
7 SIJO V.S.,
S/O.SUNNY V.I., VADACKAN HOUSE, VENKITANGU PO, THRISSUR-680
510, WORKING AS MUNICIPAL FINANCE SPECIALIST, KOLLAM.
8 M.SHAJU,
S/O.P.S.MOHAMMED HANEEFA, SHABU MANZIL, NADUCKUNNU,
PATHANAPURAM, KOLLAM-689 695, WORKING AS IT CUM M & E
SPECIALIST, KOLLAM.
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WP(C).No. 37416 of 2015
9 V.SAYI,
S/O.K.G.VISWADEV, MRA 95 A SAYOOJYAM, VELLYITTAMBALAM,
THIRUMULLAVARAM PO, KOLLAM-691 012, WORKING AS SOLID
WASTE MANAGEMENT SPECIALIST, KOLLAM.
10 SIVAPRASAD,
S/O.K.DIVAKARAN PILLAI, TC 27/2095 GPO, THIRUVANANTHAPURAM,
WORKING AS SOCIAL DEVELOPMENT SPECIALIST, KOLLAM.
11 TONY THOMAS,
S/O.G.THOMAS, POOVATHUMMOOTTIL HOUSE, ANIKAD PO,
MALLAPPALLY, PATHANAMTHITTA-689 585, WORKING AS SOCIAL
DEVELOPMENT SPECIALIST, ALAPPUZHA.
12 T.DHANALAKSHMI,
W/O.S.ARUL MOLI VARNAM, H.NO.502, KOODARAPILLY HOUSE,
VYTILA POST, COCHIN-19, WORKING AS SOLID WASTE
MANAGEMENT SPECIALIST, ALAPPUZHA.
13 VASUDEVAN PILLAI T.
S/O.THANKAPPAN PILLAI G., PADINJARE PUTHUPPALLIL VEEDU,
ASRAMAM, KOLLAM-2, WORKING AS MUNICIPAL FINANCE
SPECIALIST, ALAPPUZHA.
14 JAYARAM SASI,
S/O.K.SASI, SREEVARAHATHU, CHERIYAZHEEKKAL,
KARUNAGAPPALLI, KOLLAM-690 573, WORKING AS IT CUM M & E
SPECIALIST, ALAPPUZHA.
15 DILEEP R.,
S/O.RAVEENDRAN K., TC 66/1259, PRASANTHI, POONKULAM,
VELLAYANI PO, TRIVANDRUM-695 522, WORKING AS URBAN
INFRASTRUCTURE SPECIALIST, ALAPPUZHA.
16 K.MAHADEVAN,
S/O.KRISHNA MOOPAN, ABHIREMA, PAYIKKATTU,
KADAKKARAPPALLY PO, CHERTHALA, ALAPPUZHA-688 529,
WORKING AS SOLID WASTE MANAGEMENT SPECIALIST,
PATHANAMTHITTA.
17 HAREESH KUMAR S.
S/O.SURENDRAN NAIR, GEETHA NIVAS, TC 6/2018, VALIYAVILA,
VATTIYOORKAVU PO, TRIVANDRUM-695 013, WORKING AS
MUNICIPAL FINANCE SPECIALIST, PATHANAMTHITTA.
18 REVATHY MARIYAM THOMAS,
D/O.THOMAS JACOB, PUTHEN VEETTIL, KARUVATTA, ADOOR PO,
PATHANAMTHITTA-691 523, WORKING AS IT CUM M & E SPECIALIST,
PATHANAMTHITTA.
19 ARAVIND S.PANICKER
S/O.SASIDHARA PANICKER, THECKETHUNDATHIL HOUSE,
NEERICKAD PO, KOTTAYAM-686 564, WORKING AS SOCIAL
DEVELOPMENT SPECIALIST, KOTTAYAM.
WP(C).No. 37416 of 2015
20 LATHA NARAYANASWAMI,
W/O.N.VENKITACHALAM, VICHATTU HADOID,
NEAR CHILDRENS LIBRARY, THEKKUM GOPURAM,
KOTTAYAM-686 001, WORKING AS MUNICIPAL FINANCE
SPECIALIST, KOTTAYAM.
21 USHA NARAYANSWAMI,
KANDATHU MADAM, AC STREET, MULLAKKAL, ALAPPUZHA,
WORKING AS TEAM LEADER, KOTTAYAM.
22 S.SASIRAJ,
S/O.K.C.S.NAIR, S 1 B PANCHARATNA APARTMENTS, TOC-H SCHOOL
ROAD, VYTTILA, KOCHI-682019, WORKING AS SOLID WASTE
MANAGEMENT SPECIALIST, KOTTAYAM.
23 K.K.ABDUL JALEEL,
S/O.K.M.KASIM, KOOLOTH HOUSE, NJARAKKADU ROAD, NORTH
PARAVUR, ERNAKULAM-683 513, WORKING AS URBAN
INFRASTRUCTURE SPECIALIST, THODUPUZHA, IDUKKI.
24 ABDUL NOOR C.K.,
S/O.KUNJUMUHAMMED, CHEMMAYATH, MYLOOR,
PALLARIMANGALAM, ERNAKULAM, WORKING AS SOCIAL
DEVELOPMENT SPECIALIST, THODUPUZHA, IDUKKI.
25 AJITHA N.N.,
W/O.DINIL KUMAR M.R, MUZHANGIL HOUSE, PACHALAM PO,
ERNAKULAM, WORKING AS MUNICIPAL FINANCE SPECIALIST,
THODUPUZHA, IDUKKI.
26 JISHNU K.,
S/O.K.KUNJUKRISHNA PILLAI, SOUMYA, NJARACKAL, PERINAD PO,
KOLLAM-691 601, WORKING AS SOLID WASTE MANAGEMENT
SPECIALIST, THODUPUZHA, IDUKKI.
27 NIJU MANJOORAN,
S/O.SUNNY MANJOORAN, MANJOORANS HOUSE, MANNAM PO,
NORTH PARAVUR, ERNAKULAM-683 520, WORKING AS IT CUM M & E
SPECIALIST, ERNAKULAM.
28 TONY VARGHESE,
S/O.VARGHESE KOSHY, MANNIL HOUSE, CHUNKAPPARA PO,
PATHANAMTHITTA-686 547, WORKING AS IT CUM M & E SPECIALIST,
ERNAKULAM.
29 NEETHU ELSA ALEXANDER,
D/O.ALEXANDER K.ABRAHAM, FLAT 8A, TRINITY HIGH GROVE
APARTMENTS, NEXT TO MODEL ENGINEERING COLLEGE,
ERNAKULAM-682 021, WORKING AS SOCIAL DEVELOPMENT
SPECIALIST, ERNAKULAM.
30 SANJU RAMESH,
S/O.RAMESHAN N., AISWARYA, PICHAKASSERI, VADASSERIKONAM
PO, VARKALA-695 143, WORKING AS MUNICIPAL FINANCE
SPECIALIST, ERNAKULAM.
WP(C).No. 37416 of 2015
31 SANJAY T.S.,
S/O.MR.THANKARAJ H., KARAKKADU PUTHENVEEDU,
MURIYANKARA, PARASSALA PO, TRIVANDRUM-695 502, WORKING
AS MUNICIPAL FINANCE SPECIALIST, THRISSUR.
32 VIPIN KUMAR,
S/O.VIJAYAKUMAR, PANNAKISSERY HOUSE, KANIMANGALAM PO,
THRISSUR-680027, WORKING AS IT CUM M & E SPECIALIST,
THRISSUR.
33 SAJI SEBASTIAN,
S/O.SEBASTIAN, PANACHICKAL HOUSE, MURINGUR PO, CHALAKUDI,
THRISSUR-680 309, WORKING AS SOCIAL DEVELOPMENT SPECIALIST,
THRISSUR.
34 ANU SIVARAM,
D/O.SIVARAM, CHERIAMMAKKEL HOUSE, CHAIPANKUZHI POST,
CHALAKUDI, THRISSUR-680 724, WORKING AS SOLID WASTE
MANAGEMENT SPECIALIST, THRISSUR.
35 AHAMMED SHAJAHAN MOOLAMKUZHIYIL,
S/O.ALI MOOLAMKUZHIYIL, MOOLAKUZHIYIL HOUSE,
KOOTTILANGADI PO, MALAPPURAM-676 506, WORKING AS
MUNICIPAL FINANCE SPECIALIST, MALAPPURAM.
36 HARIDASAN K,
S/O.KUTTATH NARAYANAN, KUTTATH HOUSE, UDINIKKARA,
EDAPPAL PO, MALAPPURAM-679 576, WORKING AS IT CUM M & E
SPECIALIST, MALAPPURAM.
37 MOHAMMED SHAFI M.A.,
S/O.ABDUL SALAM, MANNARAVEETTIL HOUSE, KODUNGALLUR,
THRISSUR-680 666, WORKING AS SOCIAL DEVELOPMENT SPECIALIST,
MALAPPURAM.
38 BIDHUN K.,
S/O.M.KUTHUBDEEN, N.K.BUNGLOW, KALLAMBALAM PO,
TRIVANDRUM-695 605, WORKING AS IT CUM M & E SPECIALIST,
PALAKKAD.
39 ANU M.A.,
D/O.ANANTHA KRISHNAN M., ANIL BHAVAN, ETTUMANOOR PO,
KOTTAYAM-686 631, WORKING AS SOCIAL DEVELOPMENT
SPECIALIST, PALAKKAD.
40 SUJU M.,
S/O.ACHUTHANKUTTY M., MANIYATH HOUSE, KUZHALMANNAM PO,
MANNAM, PALAKKAD-678 702, WORKING AS MUNICIPAL FINANCE
SPECIALIST, PALAKKAD.
41 C.RAMESH,
S/O.N.C.GIRI, FLAT NO.109, BLOCK 2, RMV CLUSTERS PHASE 2, LOTTE
GOLLAHALLI, BANGLORE-560 094, WORKING AS SOLID WASTE
MANAGEMENT SPECIALIST, PALAKKAD.
WP(C).No. 37416 of 2015
42 JOSEPH SILVESTER K.,
S/O.WILSON JOSEPH K., KALLUMADATHIL HOUSE, NJARAKKAL PO,
COCHIN-682505, WORKING AS URBAN INFRASTRUCTURE SPECIALIST,
PALAKKAD.
43 RAJ P.SUGUNAN,
S/O.P.T.SUGUNAN, SREERANGAM CIVIL STATION WARD,
NEW BAZAR, ALAPPUZHA-688 001, WORKING AS SOLID WASTE
MANAGEMENT SPECIALIST, KOZHIKODE.
44 SATHEESH R.,
S/O.K.RAJENDRA BABU, SIVA MANDIRAM, ADHIKKATTUKAVU,
ERAVIPURAM PO, KOLLAM-691 011, WORKING AS MUNICIPAL
FINANCE SPECIALIST, KOZHIKODE.
45 GEETHA PUTHALATH,
D/O.SHEKHARAN NAIR, MINI VILLA, KACHERIKUNNU ROAD,
MANKAVU PO, KOZHIKODU-673 006, WORKING AS SOCIAL
DEVELOPMENT SPECIALIST, KOZHIKODE.
46 SHIJIMON K.M.,
S/O.K.M.MOHAMMED, SHABEENA MANZIL, POLAYATHODE,
KOLLAM-691 021, WORKING AS IT CUM M & E SPECIALIST,
KOZHIKODE.
47 SHANMUGADAS A.P.,
S/O.PARASURAMAN A.K., AMBALAKUNDHU HOUSE, NOOLPUZHA PO,
SULTHAN BATHERY, WAYNADU-673 592, WORKING AS SOCIAL
DEVELOPMENT SPECIALIST, WAYANAD.
48 SIVAPRASAD K.,
S/O.T.K.HARIDAS MENON, KOUSTHABHAM, TK THARA, KODUVAYUR
POST, PALAKKAD-678 501, WORKING AS MUNICIPAL FINANCE
SPECIALIST, WAYANAD.
49 PRAVEEN P.,
S/O.PRAKASH S., KRISHNAPRIYA, CHIRAKKADAVU PO,
KOTTAYAM-686 520, WORKING AS IT CUM M & E SPECIALIST,
WAYANAD.
50 VIJU K.G.,
S/O.K.N.GOPALA PANICKER, KOYI KAL, G-5, AMRITHA NAGAR,
KAIMANAM, PAPPANAMCODE PO, TRIVANDRUM-695 018, WORKING
AS SOLID WASTE MANAGEMENT SPECIALIST, WAYANAD.
51 SHINTO JOHN,
S/O.JOHN, PULICKAL HOUSE, KIZHAKKUMMURI POST, KAKKODI,
CALICUT, WORKING AS SOCIAL DEVELOPMENT SPECIALIST,
KANNUR.
52 VIJAYAN T.P.,
S/O.MADHAVAN T.P., THAKARAPARAMBIL HOUSE, THIRUNAVAYA
PO, MALAPPURAM-676 301, WORKING AS IT CUM M & E SPECIALIST,
KANNUR.
WP(C).No. 37416 of 2015
53 ANUP G.KURUP,
S/O.G.K.KURUP, ANUPALAYAM, ERAVANKARA PO, MAVELIKKARA,
ALAPPUZHA-690 108, WORKING AS SOLID WASTE MANAGEMENT
SPECIALIST, KANNUR.
54 AJITH KUMAR T.L.,
S/O.SRI.N.THULASIDAS, TC 54/538, SARAS, AMIVILAKAM,
KARAKKAMANDAPAM, NEMOM PO, THIRUVANANTHAPURAM,
WORKING AS MUNICIPAL FINANCE SPECIALIST, KASARAGOD.
55 ANILKUMAR P.C.,
S/O.CHANDRAN P.P., PAROOKKARAN HOUSE, EAST OKKAL, OKKAL
PO, ERNAKULAM, WORKING AS SOCIAL DEVELOPMENT SPECIALIST,
KASARAGOD.
56 ABHILASH MON K.S.
S/O.K.K.SAHADEVAN, KANDACHANTHARA, PALLOM PO, KOTTAYAM,
WORKING AS URBAN INFRASTRUCTURE SPECIALIST, KASARAGOD.
57 SABEENA F.,
W/O.S.M.SULFI, A2, ANU APARTMENT, DR.RADHAKRISHNA NAGAR,
PONDICHERRY-605010, WORKING AS IT CUM M & E SPECIALIST,
KASARAGOD.
58 SAJINA MULLIKKOD,
D/O.M.SUKUMARAN, PUTHUR, PILATHARA PO, KANNUR-670 504,
WORKING AS SOLID WASTE MANAGEMENT SPECIALIST,
KASARAGOD.
BY ADVS.SRI.G.P.SHINOD
SRI.T.K.ANANDA KRISHNAN
SRI.RAM MOHAN.G.
SRI.GOVIND PADMANAABHAN
SRI.AJIT G.ANJARLEKAR
RESPONDENT(S):
1. UNION OF INDIA,
REPRESENTED BY ITS UNDER SECRETARY, MINISTRY OF URBAN
DEVELOPMENT, GOVERNMENT OF INDIA, NIRMALA BHAVAN, NEW
DELHI-110 001.
2. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. THE PROJECT DIRECTOR,
KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT, 5TH
FLOOR, TRANS TOWER SH2, VAZHUTHACADU,
THIRUVANANTHAPURAM-695 014.
WP(C).No. 37416 of 2015
5. NODAL OFFICER,
STATE REFORMS & PERFORMANCE MANAGEMENT CELL,
COMPREHENSIVE CAPACITY BUILDING PROGRAMME (CCBP), 5TH
FLOOR, TRANS TOWERS, SH2, VAZHUTHACADU
THIRUVANANTHAPURAM-695 014.
6. ABDUL LATHEEF,
BISMI, MADRASSA LANE, ALUVA, ERNAKULAM-683 101.
7. ANISH GEORGE,
ALUNKAL, AMALAGIRI PO, KOTTAYAM-686 561.
8. EBIN CHRISTO,
THUSHARA, CONVENT ROAD, NEYYATTINKARA,
THIRUVANANTHAPURAM-695 121.
9. JAYASREE V.R.,
SWATHI, BAZAR PO, ALAPPUZHA-688 012.
10. NOUSHAD R.,
MEHABOOB MANZIL, PATHANAPURAM (PO), KOLLAM DISTRICT-689
695.
11. PRIYALAL JOSEPH,
ABA DALE KAIKULANGARA, WEST CUTCHERY (PO),
KOLLAM-690 013.
12. SALEENA T.,
5A, PVS VYDOORYA, MINI BYEPASS ROAD,
PUTHIYARA, CALICUT-673 004.
13. EAPEN GEORGE,
HOUSE NO.13, AMBADI RETREAT, CHILAVNNUR ROAD,
ERNAKULAM-682020.
14. GIRISH KUMAR,
BHAGEERATHI NIVAS, TC 3/552, TKD ROAD, MUTTADA (PO),
THIRUVANANTHAPURAM-695 025.
15. MADHAVAN K.N.,
MADHAVI SADANAM, KALARIKKAL HOUSE, KOLAZHI PO,
THRISSUR-680 010.
16. PRABHA VARGHESE,
PUTHUPARAMBIL HOUSE, VENNIKULAM PO, THIRUVALLA,
PATHANAMTHITTA-689 544.
17. N.RAHUL,
USHUS, 2/45, CARA-3, CONVENT ROAD-I, THOTTAKKATTUKARA,
ALUVA, ERNAKULAM-683 108.
18. P.J.RAHMATH,
PALACKAL HOUSE, KARIPADOM (PO), THALAYOLAPARAMBU (VIA),
KOTTAYAM-686 605.
WP(C).No. 37416 of 2015
19. T.K.SIJUKUMAR,
THIRUVALLOOR HOUSE, NEAR FCI, CHAMBANOOR, ANGAMALY (PO),
ERNAKULAM-683 572.
20. RIBY RACHEL MATHEW,
2F, ENDURA APARTMENT, SI PROPERTIES, SREEKARYAM PO,
THIRUVANANTHAPURAM-695 017.
21. SAJI K.GEORGE,
FEBAS, SAGARA NAGAR-37, ULIYAKOVIL (PO), KOLLAM-691 019.
22. SREEKUMAR SIVARAMAKRISHNAN,
N.4, FIRST FLOOR, MY HOME APARTMENTS, KRIPA HOSPITAL ROAD,
KALPETTA, WAYANAD-673 121.
23. NISHA HABI,
AKSHAYASREE, JANATHA ROAD, CHEMPAZHANTHY PO,
THIRUVANANTHAPURAM-695 587.
24. DR.ASHA BALAGANGADHARAN,
TC 13/1821-4, KOICKAL LANE, KUMARAPURAM, MEDICAL COLLEGE
PO, THIRUVANANTHAPURAM-695 011.
25. BHAGAWATHY IYER,
TC 28/2064, BRINDAVAN, OPP. FORT HIGH SCHOOL, FORT PO,
THIRUVANANTHAPURAM-695 023.
R1 BY SRI.N.NAGARESH, ASG
SMT.SINDHUMOL.T.P., CGC
R2 TO R4 BY GOVERNMENT PLEADER SRI. RON BASTIAN
R6 TO R25 BY ADVS. SRI.K.SHAJ
SRI.SAJJU.S
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 37416 of 2015 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 : A TRUE PHOTOCOPY OF GO(RT)NO.2671/2014/LSGD DT THIRUVANANTHAPURAM
16-10-2014 WITH THE LIST OF CANDIDATES APPROVING THE RANK LIST FOR
THE RECRUITMENT OF PROFESSIONALS FOR DISTRICT LEVEL REFORMS AND
PERFORMANCE MANAGEMENT CELL (RPMC) OF COMPREHENSIVE CAPACITY
BUILDING PROGRAMME (CCBP) UNDER JNNURM.
P2 : A TRUE PHOTOCOPY OF THE GO(RT)NO.1390/2015/LSGD DT 11-5-2015 ISSUED
BY THE SECOND RESPONDENT.
P3 : A TRUE PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO.ITO/82034/RPMC/14
DT 28-10-2014 OF THE 5TH RESPONDENT APPOINTING PETITIONERS 5, 6,
15, 23, 42, 56 AND OTHERS AS URBAN INFRASTRUCTURE AND PROCUREMENT
SPECIALIST.
P4 : A TRUE PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO.ITO/82034/RPMC/14
DT 28-10-2014 OF THE 5TH RESPONDENT PERTAINING TO THE APPOINTMENT
OF PETITIONERS 1, 4, 10, 11, 19, 24, 29, 33, 37, 39, 45, 47, 50 AND
55 AS SOCIAL DEVELOPMENT EXPERTS.
P5 : A TRUE COPY OF THE PROCEEDINGS VIDE ORDER NO.ITO/82034/RPMC/14 DT
28-10-2014 OF THE 5TH RESPONDENT APPOINTING PETITIONERS 3, 8, 14,
27, 28, 36, 38, 49 AND 52 AS IT SPECIALIST.
P6 : A TRUE PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO.ITO/82034/RMPC/14
DT 28-10-2014 OF THE 5TH RESPONDENT APPOINTING PETITIONERS 9, 12,
16, 22, 26, 34, 41, 43 AND 53 AS SOLID MANAGEMENT SPECIALIST.
P7 : A TRUE PHOTOCOPY OF THE AGREEMENT DT 20-11-2014 BETWEEN THE 11TH
PETITIONER AND THE 5TH RESPONDENT.
P8 : A TRUE PHOTOCOPY OF THE AGREEMENT DT 27-11-2014 EXECUTED BETWEEN
14TH PETITIONER AND 5TH RESPONDENT.
P9 : A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM NO.K.13012/101(16)/2015-
SCM-III-V DT 18-8-2015 ISSUED BY THE GOVERNMENT OF INDIA,
MINISTRY OF URBAN DEVELOPMENT SMART CITIES DIVISION III.
P10 : A TRUE PHOTOCOPY OF THE COMMUNICATION NO.SRPMC/ESTT/7/2014 DT 25-8-
2015 ISSUED BY THE FIFTH RESPONDENT.
P11 : A TRUE COPY OF THE ORDER NO.SRPMC/10/2015/RCT DT 25-8-2015 ISSUED
BY THE FIFTH RESPONDENT SHORT LISTING EXPERTS FOR RECRUITMENT IN
THE STATE MISSION MANAGEMENT UNIT AND CITY MISSION MANAGEMENT UNITS
OF AMRUT CITIES AND DISSOLVING THE URBAN MANAGEMENT CELL AND
DISTRICT REFORMS PERFORMANCE MANAGEMENT CELLS OF COMPREHENSIVE
CAPACITY BUILDING PROGRAMME.
P12 : A TRUE COPY OF THE REPRESENTATION PREFERRED TO THE NODAL OFFICER OF
THE STATE REFORMS AND PERFORMANCE MANAGEMENT CELL (SRPMC)
DT 1-9-2015.
WP(C).No. 37416 of 2015 (B)
P13 : A TRUE PHOTOCOPY OF THE LETTER NO.SRPMC/16/GC/2015 DT 16-9-2015
ISSUED BY THE FIFTH RESPONDENT IN REPLY TO EXHIBIT P8.
RESPONDENT'S EXHIBITS
EXHIBIT R4(A) COPY OF THE PERFORMANCE EVALUATION STATEMENT.
/TRUE COPY/
PA TO JUDGE
PBS
26/2/2018
P.V.ASHA J.
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W.P.(C).No.37416 of 2015
-------------------------------------
Dated this the 16th day of February, 2018
JUDGMENT
The petitioners filed this writ petition challenging Ext.P11 order by which their services were terminated.
2. Petitioners were working as expert professionals in various districts in the State under the Comprehensive Capacity Building Programme, which was a project conceived by the Central Government and implemented in the States for improving the efficiency of Urban Local Self Government Administration. They were appointed on contract basis, on being successful in the process of selection, on the basis of Exts.P1 and P2 rank lists on different dates in the year 2014 and 2015.
W.P.(C).No.37416 of 20152
3. While continuing so, the Nodal Officer, Comprehensive Capacity Building Programme and Project Director, Kerala Sustainable Urban Development Project issued Ext.P11 order terminating their services. This order was issued on the basis of direction from the Ministry of Urban Development Smart Cities Division III, Government of India, on 18.08.2015. It was stated that Government of India have replaced JnNURM by new scheme namely Smart Cities Mission and AMRUT, to undertake extensive Capacity Building Activities. At this stage, petitioners filed this writ petition challenging Ext.P11 by which they were ordered to be discontinued w.e.f. 31.08.2015.
4. Even though, the writ petition was admitted, no interim order was passed. It is seen that fresh hands are appointed under a different scheme and the scheme under which the petitioners were appointed, no longer exists. One of the grounds raised in this writ petition is that while issuing the orders of W.P.(C).No.37416 of 2015 3 termination they were not paid two months notice as provided in Exts.P7 and P8 agreements with the Nodal Officer. Clause 3(e) of the agreement provides for termination of service of persons like petitioners by giving two calendar months' notice in writing, at any time during the service either by the employee to the Government or by the Government to the employee without assigning any cause. It is further provided that the Government may, in lieu of any notice give the employee a sum equivalent to the amount of his/her pay of two months or shorter notice than two months if they pay him/her a sum equal to the amount of his/her pay for the period by which such notice falls short of two months.
5. Ext.P11 order of termination was issued on 25.08.2015 discontinuing the service of petitioners w.e.f. 31.08.2015. Therefore, petitioners are entitled to two months' pay as per the agreement.
6. In paragraph 9 of the counter affidavit W.P.(C).No.37416 of 2015 4 filed by the 4th respondent, it is stated that the services of petitioners were terminated after fulfilling all the conditions under Ext.P13 except the notice pay and that the Ministry of Urban Development, Government of India the funding agency, has to sanction the payment of notice pay.
7. On consideration of the contentions raised by both sides, it is seen that, the petitioners have every right for payment of notice pay. When the appointment of petitioners was made subject to the conditions in the agreement to be executed by them with the Nodal Officer and when they entered into an agreement, the termination of the services can only be effected in terms of the agreement.
Therefore, there shall be a direction to the 1st respondent to sanction funds towards payment of notice pay due to the petitioners in terms of the agreement within a period of 'two months' from the date of receipt of a copy of this judgment. Once the W.P.(C).No.37416 of 2015 5 first respondent orders sanctioning the funds, the respondents 2 to 5 or any other competent authority authorised by the 1st respondent shall make the payment, to the petitioners within a further period of 'two weeks'.
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P.V.ASHA, JUDGE.
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