P V ALEYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) IN these writ petitions, the petitioners are persons who have been included in a list stated to have been forwarded by the Town Employment Exchange, Adimali for selection and appointment to various posts. They were subsequently appointed pursuant to the list stated to have been forwarded from the Employment Exchange. Subsequently it was found out that the list alleged to have been forwarded from the Employment Exchange is a bogus list since there was no employment officer whose name appears in the list as the sponsoring officer. Accordingly their services were proposed to be terminated. They approached this Court. This Court directed the Director of Panchayats to reconsider the matter after hearing the parties pursuant to which Exhibit P8 order (in WP(C) 15845/2004) was passed by the Director holding that the appointments of the petitioners in these writ petitions and others were illegal and unsustainable. It culminated in judgment dated 16.03.2004 in W.A. Nos.1953 & 1954/2003. The said judgment reads as follows:

(2.) APPELLANTS are the petitioners in O.P.Nos.26276 and 26407 of 2002. The challenge was against order dated 6.8.2002 passed by the Director of Panchayats, Thiruvananthapuram, directing the Grama Panchayats to terminate the services of the appellants along with other part- time contingent employees whose appointments were made by the Grama Panchayats allegedly from a bogus list of candidates. A learned single Judge of this Court dismissed the original petitions by the impugned judgment. Aggrieved, the appellant have filed these appeals under Section 5 of the Kerala High Court Act.

(3.) HAVING heard Shri.K.M.Joseph, Learned counsel for the appellants and perused Ext.P8 order dated 6.8.2002 passed by the Director of Panchayats as also the counter affidavits filed by respondents 4 and 5, we are of the view that there is no merit in these appeals. It is true that the appointment orders were issued by the Grama Panchayats having the power to issue such orders after interview and selection. But these facts will not make the appointments valid if the very basis of those appointments was a bogus list fabricated with the connivance of interested parties. The appointment orders have been cancelled and the appellants' services terminated not on the ground that the panchayat was incompetent to appoint Part- Time contingent employees nor for the reason that no interview was conducted but on the ground that the appellants were chosen from a list of candidates falsely foisted to defraud genuine claimants. It is common case that the Panchayats should obtain the list of candidates from the Employment Exchange as per Govt. order dated 7.8.1996 (Ext.P2). The Employment Officer informed the Deputy Director of Panchayats, Idukki that the appointments of Part Time employees in Munnar, Marayur, Kanthallur, Vellathuval and Pallivasal Grama Panchayats of Devikulam Taluk in the year 1999-2000 were made on the basis of a bogus list allegedly issued by Town Employment Exchange, Adimaly. The Deputy Director of Panchayats, conducted an enquiry and found truth in the allegation. On the basis of the facts disclosed in that enquiry, the appointments were cancelled. Orders thus issued were challenged before this court. Since the services of the appellants and others were terminated without affording them an opportunity of being heard, a Division Bench of this Court directed the Director Panchayats to pass a fresh orders after issuing notice to the affected employees and hearing them. As directed by this Court, the Director of Panchayats issued notice to the Part-Time employees who were appointed from the alleged bogus list. The explanations submitted by the employees were considered. Appellants and others as also the Presidents of the Five Grama Panchayats in Devikulam Taluk were also heard in person. The Director of Panchayats recorded the statement of the Employement Officer also. After considering the contentions raised by the parties and perusing the relevant records, the Director of Panchayats found that appointments of Part-time contingent employees made in Munnar, Marayur, Kanthallur, Pallivasal and Vellathuval Grama Panchayats in the year 1999-2000 were on the basis of fabricated documents and were the outcome of a conspiracy. The facts and circumstances noticed by the Director of Panchayats to come to the findings recorded in this order dated 6.8.2002 (Ext.P8) are the following: