LAWS(KER)-2019-1-407

JINESH M.G. Vs. STATE OF KERALA

Decided On January 24, 2019
Jinesh M.G. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Ext.P9 order issued by the 3rd respondent, terminating the services of the petitioner, who was working as Accountant in the Community Development Society ("CDS" for short), Koothattukulam Municipality- 4th respondent, is under challenge in this writ petition. Petitioner was appointed as an Accountant under the 4th respondent on being successful in the process of selection after conducting an interview, as per Ext.P2 order dated 27.08.2009.

(2.) It is stated that Accountants are appointed in each of the CDS in the State, on the basis of Government decision, in order to manage the financial matters of the CDS under the Kudumbasree Project. Petitioner's appointment was initially made by the Chairperson of Kudumbasree CDS Koothattukulam Grama Panchayat. The Grama Panchayat was upgraded as a Municipality thereafter. Petitioner continued as Accountant till his services were terminated as per Ext.9 order. Immediately after appointment, petitioner along with other Accountants appointed in various CDS, underwent a training conducted by the Executive Director of Kudumbasree. Petitioner claims that though the appointment was stated to be on contract basis, as the same was made under a scheme, it was being renewed year to year and extension continued to be automatic.

(3.) Relying on Ext.P4 experience certificate issued by the Chairperson -5th respondent, petitioner points out that there was no reason for the termination. In Ext.P4 experience certificate issued on 14.8.2018 from the CDS -the Chairperson certified that the sincere efforts and motivated perseverance of petitioner have been very helpful in carrying out the CDS programmes and he was found to be a dedicated team player with innovative and creative abilities. His conduct was good and he maintained healthy professional relationship with the staff and clients of the organisation. In the meanwhile the 2nd respondent issued Ext.P5 letter dt.18.07.2018 to all the District Mission coordinators calling for performance appraisal reports of all the Accountants in each of the CDS. Petitioner filled up the appraisal form and submitted the same before the 5th respondent - the Chairperson for transmission to the District Mission Co-ordinator - the 3rd respondent. Thereafter the CDS Executive meeting was held on 25.7.2018 which considered the issue regarding renewal of appointment of the petitioner.