SEEMA T K Vs. MUZHAPPILANGAD GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, who had been working as an Accountant cum Data Entry Operator in the 1st respondent Panchayat from 01.01.2011 onwards on contract appointments renewed from time to time, is aggrieved by the denial of reappointment to her for the period from 1.04.2018, as per Ext.P9 letter of the 1st respondent, by which her request for renewal of contract is rejected.

(2.) The petitioner's appointment was made under the Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, initially for a period of one year on contract basis. On the basis of agreements executed between the petitioner and the Panchayat, each year, she had been continuing. The last agreement Ext.P8 executed on 1.4.2016, was for a period of two years, for the period upto 31.3.2018. By the end of the contract period, she requested for renewal of contract. But the Panchayat rejected it as per Ext.P9 letter stating that the Panchayat Committee after detailed discussion on the matter, decided not to renew the contract. This Writ Petition was filed on 12.04.2018 challenging Ext.P9 order and seeking directions to the respondent Panchayat for reappointment.

(3.) The case of the petitioner is that as long as there is requirement of Accountant cum Data Entry Operator and the MGNREG Scheme continues, she is not liable to be replaced by another person resorting to another appointment on contract basis. It is pointed out that as per Ext.P1 order dt.26.8.2009, the Government accorded sanction to the Grama Panchayats for appointment of Accredited Engineers, Overseers and Accountant cum Data Entry Operator against the temporary posts created under the Scheme for a period of one year and such sanction is being extended from time to time. The petitioner further claims that Ext.P2 Government order issued on 16.5.2011 and Ext.P4 order issued on 5.7.2012, envisage continuance of personnel in the posts of Assistant Engineer/Overseer and Accountant cum Data Entry Operator and that their services can be terminated only with the prior permission of Rural Development Commissioner. She claims that the Panchayat has not obtained such permission in this case. The petitioner also claimed continuance on the basis of Ext.P5 letter of the Rural Development Commissioner and Mission Director issued on 6.01.2016, in which all the District Coordinators were directed to see that the termination of services of those appointed under the Scheme does not adversely affect the completion of the ongoing projects and work relating to the preparation of labour budget, the payments to be made under the MGNREG Scheme, etc. The petitioner also points out that as per Ext.P6 order issued by the Government on 03.03.2016 the contract period of the Accredited Engineers, Overseers, Data Entry Operators, IT Professional etc. is enhanced from one year to 2 years. In effect the petitioner's contention is that she is not liable to be replaced by any other person engaged on contract basis and the scheme under which she is appointed does not envisage such a replacement and that her appointment is co-terminus with the scheme.