2025:KER:29928 WP(C) NO. 28757 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 28757 OF 2024 PETITIONER/S: 1 PREETHA PRAMOD AGED 51 YEARS THAIPPARAMBIL HOUSE, ERAMATHOOR P.O MANNAR, ALAPPUZHA, PIN - 689622 2 AJITHA P.G AGED 49 YEARS PRAJWAL NIVAS,VETTIYAR P.O VETTIYAR, MAVELIKKARA TALUK ALAPPUZHA DISTRICT, PIN - 690588 BY ADVS. HARISH GOPINATH SURUMI NAZAR SREEPARVATHY M. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT LOCAL SELF GOVERNMENT D.D DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT VIGILANCE DEPARTMENT , THIRUVANANTHAPURAM, PIN - 695033 4 JOINT PROGRAMME COORDINATOR 2025:KER:29928 WP(C) NO. 28757 OF 2024 2 OFFICE OF THE JOINT COORDINATOR MGNREG SCHEME ALAPPUZHA, PIN - 688001 5 DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU THIRUVANANTHAPURAM, PIN - 695033 6 SECRETARY, CHENNITHALA THRIPPERUMTHURA GRAM PANCHAYAT OFFICE OF SECRETARY CHENNITHALA P.O, ALAPPUZHA, PIN - 690105 7 PRESIDENT , CHENNITHALA THRIPPERUMTHURA GRAM PANCHAYAT OFFICE OF PRESIDENT, CHENNITHALA P.O, ALAPPUZHA, PIN - 690105 BY ADVS. SANIL KUNJACHAN T.M.RESHMI(K/327/2008) OTHER PRESENT: PARVATHY KOTTOL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29928 WP(C) NO. 28757 OF 2024 3 JUDGMENT Petitioners are employed as Accountant Cum IT Assistant at the Chennithala Thripperumthura Gram Panchayat under the Mahatma Gandhi National Rural Employment Guarantee Scheme (‘the MGNREGA’ for short). A vigilance enquiry was conducted regarding the affairs of the Panchayath in implementing the MGNREGA. It appears that an amount of Rs.2,65,928.30/- was not utilized for the purposes of the development works in the Panchayath. 2.The learned counsel for the petitioner submits that the vigilance report is only in respect of Rs.18,874/- which was not credited to the joint account of the President and the Secretary of Gram Panchayath. 3.The petitioners were initially appointed in the year 2008 and 2012 respectively. The contractual appointment of the petitioners would suggest that it is not obligatory on the part of the employer to provide any employment to the appointee on the expiry of the contract period. The agreement executed between 2025:KER:29928 WP(C) NO. 28757 OF 2024 4 the employer and appointee was bound by the service rules of the contract staff under the Government of Kerala as amended by the Government from time to time. The extended period of the contract of the first petitioner expired on 02.04.2025, and the extended period of the contract of the second petitioner will expire on 10.09.2025. 4.In terms of the contract of employment, there is nothing that binds the employer to keep an employee working under the MGNREGA Scheme after the contract period is over. Therefore, in respect of the first petitioner, the employer may take a decision on whether it wants to keep her or it would not renew the contract inasmuch as her contract has come to an end on 02.04.2025. So far as the second petitioner is concerned, her appointment will come to an end on 10.09.2025. The Panchayat may continue with her till 10.09.2025, and if the Panchayth does not want her services, it may take recourse to the contract of employment entered into between the parties to terminate the contract of employment before the completion of the extended 2025:KER:29928 WP(C) NO. 28757 OF 2024 5 period, i.e., 10.09.2025. Needless to say, if the Panchayath wants to continue with the petitioners' services, there must be overwhelming reasons for doing so, despite the directions issued by the Government in this regard, inasmuch as there is some vigilance report against the petitioners. With the aforesaid observations, the present writ petition stands closed. Sd/- D. K. SINGH JUDGE SJ 2025:KER:29928 WP(C) NO. 28757 OF 2024 6 APPENDIX OF WP(C) 28757/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT ENTERED IN TO BETWEEN THE 1ST PETITIONER AND THE 6TH RESPONDENT PANCHAYATH Exhibit P2 TRUE COPY OF THE AGREEMENT ENTERED IN TO BETWEEN THE 2ND PETITIONER AND THE 6TH RESPONDENT PANCHAYATH Exhibit P3 TRUE COPY OF THE AWARD DATED 08/07/2022 PASSED BY THE OMBUDSMAN FOR MGNREG Exhibit p4 TRUE COPY OF THE LETTER OF THE 5TH RESPONDENT TO THE 3RD RESPONDENT, DATED 17/07/2022 Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT DATED 04/08/2022 Exhibit P6 TRUE COPY OF THE LETTER, DATED 12/05/2023 ISSUED BY THE 2ND RESPONDENT TO THE MISSION DIRECTOR (MGNREGS Exhibit P7 TRUE COPY OF THE LETTER, DATED 12/01/2024 ISSUED BY THE 4TH RESPONDENT TO THE BLOCK PROGRAMME OFFICER Exhibit P8 TRUE COPY OF THE LETTER, DATED 17/01/2024 ISSUED BY THE 4TH RESPONDENT TO 7TH RESPONDENT Exhibit P9 TRUE COPY OF THE RESOLUTION OF THE PANCHAYAT COMMITTEE, DATED 26/02/2024 Exhibit P10 TRUE COPY OF THE LETTER, DATED 20/07/2024 Exhibit P11 TRUE COPY OF THE NOTICE OF THE 6TH RESPONDENT TO THE PETITIONERS English Translation of Exhibit P1 True English Translation of Exhibit P1 English Translation True English Translation of releveant portion 2025:KER:29928 WP(C) NO. 28757 OF 2024 7 of Exhibit P2 of Exhibit P2 English Translation of Exhibit P3 True English Translation of Exhibit P3 English Translation of Exhibit P4 True English Translation of Exhibit P4 English Translation of Exhibit P5 True English Translation of Exhibit P5 English Translation of Exhibit P6 True English Translation of Exhibit P6 English Translation of Exhibit P7 True English Translation of Exhibit P7 English Translation of Exhibit P8 True English Translation of Exhibit P8 English Translation of Exhibit P9 True English Translation of Exhibit P9 English Translation of Exhibit P10 True English Translation of Exhibit P10 English Translation of Exhibit P11 True English Translation of Exhibit P11