Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 8360 (KER)

ROJA S., v. STATE OF KERALA

WP(C)/17830/2024 · 2025-04-03

D K Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 17830 OF 2024 1 2025:KER:29625 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 17830 OF 2024 PETITIONER: ROJA S., AGED 47 YEARS W/O. ANIL A.CHILLA, 15/318, MUNDAKKAL, KARAKULAM P.O., THIRUVANANTHAPURAM, PIN - 695564 BY ADVS. P.PARAMESWARAN NAIR SREELATHA PARAMESWARAN NAIR SOORAJ T.ELENJICKAL HELEN P.A. ATHUL ROY INDRAJITH DILEEP RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001, PIN - 695001 2 KERALA STATE AIDS CONTROL SOCIETY-KSACS A SOCIETY UNDER THE NATIONAL AIDS CONTROL ORGANIZATION, REPRESENTED BY ITS PROJECT DIRECTOR, RED CROSS ROAD, THIRUVANANTHAPURAM, PIN - 695035 3 RAGI RAVI NODAL OFFICER DISHA KERALA STATE AIDS CONTROL SOCIETY, THIRUVANANTHAPURAM, PIN - 695035 LEO GEORGE-SC, BIMAL K. NATH-SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17830 OF 2024 2 2025:KER:29625 JUDGMENT The petitioner was employed on contract basis on the post of Clinical Services Officer as the DISHA Strategy under the Kerala State AIDS Control Society, on the basis of a written test conducted on 17.02.2023 by the Lal Bahadur Shastri Centre for Science and Technology, Thiruvananthapuram. The petitioner's appointment was purely on contract basis at a consolidated salary of Rs.46,800/- per month for a period up to 31.03.2024. The petitioner was given extension up to 31.03.2025. The petitioner was continuing on the extended term of the contract of appointment; it has been informed that the petitioner’s work and conduct were not satisfactory, and her performance evaluation fell short of the expectation and required parameters. The society, therefore, terminated the contract vide order dated 18.05.2024 in Ext.P11. Before terminating the contract, the petitioner was issued with a show cause notice to which she filed a WP(C) NO. 17830 OF 2024 3 2025:KER:29625 reply. However, the response to the show cause notice was found unsatisfactory and her extended period of contract came to be cancelled with immediate effect. The petitioner has filed the present writ petition challenging the said order, and this Court granted an interim order, which remain in operation. Now, the petitioner’s extended period of contract has also got expired on 31.03.2025. The petitioner has no right to continue on contractual employment after her contractual period got over, and even the extended period got over on 31.03.2025. Therefore, I find no justification for keeping this writ petition alive as the petitioner’s contractual employment (extended period) got over on 31.03.2025. Thus, the present writ petition is hereby dismissed. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 17830 OF 2024 4 2025:KER:29625 APPENDIX OF WP(C) 17830/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATES DATED 04.07.2012 ISSUED BY THE UNIVERSITY OF KERALA Exhibit P1(a) TRUE COPY OF THE CERTIFICATES DATED 09.12.2016 ISSUED BY THE UNIVERSITY OF KERALA Exhibit P1(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY DATED 15.02.2019 Exhibit P1(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE STATE RESOURCE CENTRE KERALA DATED 20.08.2019 Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 10.01.2004, CERTIFYING THE SAME ISSUED BY THE FOUNDATION FOR INTEGRATED RESEARCH IN MENTAL HEALTH Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 07.01.2013 ISSUED BY THE CHAIRPERSON OF ANANNIA Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 01.07.2014 ISSUED BY STATE PROJECT DIRECTOR, KERALA MAHILA SAMAKYA SOCIETY Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 22.05.2015 ISSUED BY KERALA MAHILA SAMAKYA SOCIETY Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 17.02.2018 ISSUED BY QUILON SOCIAL SERVICE SOCIETY Exhibit P7 THE TRUE COPY OF THE APPOINTMENT ORDER NO. 3314/2022/ADMN III/KSACS DATED 05.04.2023 Exhibit P8 TRUE COPY OF THE EXTENSION ORDER NO. 570/2024/M&E/KSACS DATED 22.02.2024 Exhibit P9 TRUE COPY OF THE MEMO NO.1433/2023/M&E/KSACS DATED 30..03..2024 WITH A FORWARDING LETTER DATED 02/04/2024 Exhibit P10 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 09.04.2024 Exhibit P11 TRUE COPY OF THE TERMINATION ORDER NO.1433/2023/M&E/KSACS DATED 13.05.2024 WP(C) NO. 17830 OF 2024 5 2025:KER:29625 RESPONDENT EXHIBITS Exhibit R2(b) True copy of the Performance Report in respect of the Petitioner submitted by Cluster Program Manager DISHA Kollam dated Nil Exhibit R2(a) True copy of the Answer sheet of the Petitioner dated Nil Exhibit R2(c) True copy of the Report submitted by The Nodal Officer of DISHA in respect of the Petitioner dated 27.04.2024 Exhibit R2(d) True copy of the statement given by the petitioner date 03.05.2024