1 W.P.(C) No. 29226 of 2024 2025:KER:29549 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. 29226 OF 2024 PETITIONER: SMT. ARSHA K. SATHYAN, AGED 30 YEARS, W/O JIBU PAUL P.D, RESIDING AT KRIPA, MANCHA, NEDUMANGAD P.O, THIRUVANANTHAPURAM, PIN – 695541. BY ADVS. G. KEERTHIVAS LAKSHMI DAS RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, LSGD, THIRUVANANTHAPURAM, PIN – 695001. 2 DIRECTOR OF PANCHAYATH, PANCHAYATH DIRECTORATE, THIRUVANANTHAPURAM, PIN – 695001. 3 MISSION DIRECTOR, MGNREGA, THIRUVANANTHAPURAM, PIN – 695001. 4 DISTRICT COLLECTOR/DISTRICT PROGRAM COORDINATOR, COLLECTORATE, THIRUVANANTHAPURAM, PIN – 695043. 5 JOINT PROGRAM COORDINATOR, MGNREGA , THIRUVANANTHAPURAM DISTRICT, PEROORKADA, THIRUVANANTHAPURAM, PIN – 695005. 6 BLOCK PROGRAM OFFICER MGNREGA, SECRETARY, NEDUMANGAD BLOCK PANCHAYATH, NEDUMANGAD, THIRUVANANTHAPURAM, PIN – 695541. 2 W.P.(C) No. 29226 of 2024 2025:KER:29549 7 ANAD GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, ANAD P.O, THIRUVANANTHAPURAM, PIN – 695541. 8 SECRETARY, ANAD GRAMA PANCHAYATH, ANAD P.O, THIRUVANANTHAPURAM, PIN – 695541. BY ADV. R. S. LAKSHMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No. 29226 of 2024 2025:KER:29549 D. K. SINGH, J. -------------------------- W.P.(C) No. 29226 of 2024 ------------------------- Dated this the 3rd day of April, 2025 JUDGMENT 1. The petitioner was appointed on a contract basis for a period of two years as Accredited Engineer under the MGNREGA Scheme in Anad Grama Panchayath vide the order dated 31.03.2017. The petitioner’s agreement on a contractual basis has been extended from time to time. However, the petitioner’s performance regarding her work and conduct in the performance appraisal process conducted for the years, 2022-23, 2023-24 and 2024-25 has not been found satisfactory and, therefore, her contract of appointment has not been renewed from 09.08.2024 inasmuch as the earlier term got expired on 08.08.2024. 2. Mr. Keerthivas, the learned Counsel for the petitioner submits that the performance appraisal process conducted regarding the work and conduct of the petitioner has not been found satisfactory and the marks have not been properly allotted to her. The self- performance appraisal report submitted by the petitioner was not taken into account as, therefore, the performance appraisal is improper and cannot be relied on for taking 4 W.P.(C) No. 29226 of 2024 2025:KER:29549 a decision to extend the contractual agreement of the petitioner for a further period. 3. On the other hand, the learned Counsel appearing for the respondents 6 to 8 submits that the performance appraisal of the employees working under the MGNREGA is conducted by five persons and each person allot marks regarding the work and conduct of the employees. There is no mala fide in awarding marks to the petitioner regarding her work and conduct and if same are taken into consideration, the petitioner would not be entitled for continuation of the contract and, therefore, on the basis of the performance appraisal report, the respondents have decided not to extend the contractual engagement of the petitioner beyond 31.07.2024. 4. I have considered the submissions. This Court cannot give its opinion regarding the marks allotted by the five persons on the work and conduct of the petitioner and this Court would also not be called upon to give different marks, than given by the five persons who are required to evaluate the performance of the petitioner. There is no allegation of mala fide in the writ petition and, therefore, this Court cannot say that the marks allotted to the petitioner in the performance appraisal are not justified. 5 W.P.(C) No. 29226 of 2024 2025:KER:29549 5. Performance appraisal is mandatory for taking a decision on contractual employment and if the work and conduct of the petitioner was found satisfactory then, she could have claim for extension of her contractual employment. As the petitioner’s work and conduct has not been found satisfactory, the petitioner does not have any right for extension of her contractual employment as an Accredited Engineer under the MGNREGA. In view thereof, I do not find that there is any scope for interference by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. Thus, the present writ petition is hereby dismissed. Interim order stands vacated. Sd/- D. K. SINGH JUDGE Svn 6 W.P.(C) No. 29226 of 2024 2025:KER:29549 APPENDIX OF WP(C) 29226/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 31.03.2017, ISSUED BY THE 7TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE PERFORMANCE APPRAISAL REPORT DATED 31.07.2024, ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE RTI APPLICATION DATED 01.08.2024, FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER TO THE 5TH RESPONDENT - JOINT PROGRAM COORDINATOR, DATED 09.08.2024 EXHIBIT P5 TRUE COPY OF THE CIRCULAR ISSUED BY MISSION DIRECTOR DATED 02.07.2024 EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 06.08.2024, ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER EXHIBIT P7 TRUE COPY OF THE LETTER DATED 08.08.2024 BY THE PETITIONER TO THE 8TH RESPONDENT SECRETARY EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 12.08.2024 RECEIVED FROM THE 7TH RESPONDENT PANCHAYAT EXHIBIT P9 TRUE COPY OF THE CERTIFICATE OF EXPERIENCE ISSUED TO THE PETITIONER BY THE 8TH RESPONDENT DATED 27.11.2023 AND ATTESTED BY 6TH RESPONDENT ON 28.11.2023 EXHIBIT P10 TRUE COPY OF THE SELF-APPRAISAL DATED 29.07.2024 SUBMITTED BY THE PETITIONER TO THE 6TH BLOCK NODAL OFFICER ALONG WITH ITS TRANSLATED VERSION EXHIBIT P11 TRUE COPY OF THE FORM FOR EVALUATING THE PERFORMANCE OF PETITIONER IN THREE STAGES AND MARKS ALLOTTED BY THE RESPONDENTS ALONG WITH ITS TRANSLATED VERSION DATED NIL 7 W.P.(C) No. 29226 of 2024 2025:KER:29549 EXHIBIT P12 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 24.07.2024 ALONG WITH ITS TRANSLATION EXHIBIT P13 TRUE COPY OF THE COMPLAINT DATED 09.08.2024 FILED BEFORE THE HON’BLE OMBUDSMAN (MGNREGS), THIRUVANANTHAPURAM ALONG WITH ITS TRANSLATED VERSION EXHIBIT P14 TRUE COPY OF THE ORDER DATED 27.08.2024 ISSUED BY HON’BLE OMBUDSMAN (MGNREGS), THIRUVANANTHAPURAM ALONG WITH ITS TRANSLATED VERSION EXHIBIT P1 ENGLISH TRANSLATION OF EXHIBIT P1 EXHIBIT P2 TRANSLATION OF RELEVANT EXCERPT OF EXHIBIT P2 EXHIBIT P3 ENGLISH TRANSLATION OF EXHIBIT P3 EXHIBIT P4 ENGLISH TRANSLATION OF EXHIBIT P4 EXHIBIT P5 ENGLISH TRANSLATION OF EXHIBIT P5 EXHIBIT P6 ENGLISH TRANSLATION OF EXHIBIT P6 EXHIBIT P7 ENGLISH TRANSLATION OF EXHIBIT P7 RESPONDENT EXHIBITS EXHIBIT R8(A) A TRUE COPY OF THE CONTRACT OF EMPLOYMENT DATED 2 ND JULY 2022 EXHIBIT R8(B) A TRUE COPY OF THE MINUTES OF THE MEETING DATED 15.07.2024 EXHIBIT R8(C) A TRUE COPY OF THE SHOW CAUSE NOTICE NO: A3- 3747/24 DATED 17.07.2024 EXHIBIT R8(D) A TRUE COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DATED 24.07.2024 EXHIBIT R8(E) A TRUE COPY OF THE MINUTES OF THE SAID MEETING DATED 12.08.2024 8 W.P.(C) No. 29226 of 2024 2025:KER:29549 EXHIBIT R8(F) A TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT R8(G) A TRUE COPY OF THE CIRCULAR EXHIBIT R8(H) A TRUE COPY OF THE JOB CHART OF THE ACCREDITED ENGINEER EXHIBIT R8(I) A TRUE COPY OF THE SELF- APPRAISAL SUBMITTED BY THE PETITIONER EXHIBIT R8(J) A TRUE COPY OF THE PERFORMANCE APPRAISAL SUBMITTED BY THE PETITIONER EXHIBIT R8(B) ENGLISH TRANSLATION OF EXHIBIT R8(B) EXHIBIT R8(C) ENGLISH TRANSLATION OF EXHIBIT R8(C) EXHIBIT R8(D) ENGLISH TRANSLATION OF EXHIBIT R8(D) EXHIBIT R8(E) ENGLISH TRANSLATION OF EXHIBIT R8(E) EXHIBIT R8(F) ENGLISH TRANSLATION OF EXHIBIT R8(F) EXHIBIT R8(G) ENGLISH TRANSLATION OF EXHIBIT R8(G) EXHIBIT R8(I) ENGLISH TRANSLATION OF EXHIBIT R8(I) EXHIBIT R8(J) ENGLISH TRANSLATION OF EXHIBIT R8(J)