JOBIN BERNARD Vs. KOTTATHARA GRAMA PANCHAYATH

JUDGEMENT

(1.) ACCORDING to the petitioners, they worked as Overseers/Accountant cum Data Entry Operator since their appointment on contract basis in the year 2008 and 2009 respectively and have been discharging their duties promptly and efficiently. While so, the respondent by communication dated 22.03.2013 informed the petitioners that in view of the resolution of the Panchayath, the contract cannot be renewed. Challenge in the writ petition is to Ext.P7 communication to that effect.

(2.) ON 12.04.2013, this Court passed an interim order directing the respondent to engage the petitioners on daily wage basis in terms of Ext.P8, order dated 30.03.2013 until further orders.

(3.) THE learned counsel for the petitioners contend that it is without assigning any reason that Ext.P7 decision is taken by the respondent refusing to re -engage petitioners on contract basis. It is contended that pursuant to some allegations made against the petitioners, there was an attempt to send out the petitioners even without complying the principles of natural justice. Thereupon, petitioners filed W.P. (C) No. 17011 of 2011. This Court disposed of that writ petition as per Ext.R1(c) judgment observing that there is no reason to think that the officials of the Government would take action without complying with the principles of natural justice. It is submitted that thereafter, the respondent issued Ext.R1 (d) to R1(f) show cause notices to the petitioners to which they gave Exts.R1(g) to R1(i) reply, dated 20.07.2011. Thereafter, no action was taken by the respondent on the basis of Ext.R1 (d) to R1(f) show cause notices. While so, the respondent has issued Ext.P7 order. It is contended that mala fides is writ large on the conduct of the petitioners The learned counsel has also invited my attention to Ext.P9 to contend that direction has been issued by the appropriate authority to engage experienced hands in the Panchayath for implementation of the National Rural Employment Guarantee Scheme.