ANANGANADI GRAMA PANCHAYAT Vs. MUHAMMED FAHAD AND ORS

JUDGEMENT

(1.) This appeal arises from an interim order dated 27.6.2011 in W.P(C).No. 13600 of 2011, whereby a positive direction has been given enabling the 1st respondent/writ petitioner to continue under contract employment for a period of one month more; directing the appellant/employer to file a counter affidavit in the meanwhile.

(2.) Normally this Court would not interfere with interim orders, especially, when it is confined to just one month. But, considering the facts and circumstances of the particular case brought to the notice of this Court, it requires a second thought and hence considered accordingly. The first respondent in the Writ Petition is represented by a learned counsel.

(3.) Learned counsel for the appellant submits that the writ petitioner was appointed as an Accountant-cum-Data Entry Operator under a particular scheme, for a period of one year, which was over on 28.2.2011. But the appellant was not in a position to conduct further selection in view of the bar under the Code of Conduct brought out by the Election Commission, in connection with the recent election to the Legislative Assembly. In the circumstances, the appellant gave continued employment to the writ petitioner for a period of two months more, as per Exhibit P6 resolution. After the election, steps were being taken to fill up the post by issuing necessary notification, when the the writ petitioner chose to approach this Court by filing the Writ Petition, wherein an interim order was passed on 17.5.2011 issuing 'notice on admission' by special messenger, making it clear that any appointment made will be subject to the result of the Writ Petition.