WP(C) NO. 44581 OF 2024 1 2025:KER:29757 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 44581 OF 2024 PETITIONER: SHAIK DAVOOD AGED 55 YEARS S/O SHAIK ALI, DRIVER, KUDUMBASREE DISTRICT MISSION OFFICE, MALAPURAM (RESIDING AT PATTANI HOUSE, MANALIKUZHITHOTTAM,KAKKOTH.P.O, PERINTHALMANNA, MALAPPURAM DISTRICT-, PIN - 679322 BY ADVS. T.T.MUHAMOOD A.RENJIT GOKUL R.NAIR ANSALAM N.X. VENUGOPAL C. RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM –, PIN - 695001 2 THE KERALA STATE POVERTY ERADICATION MISSION (KUDUMBASHREE) REP.BY THE EXECUTIVE DIRECTOR TRIDA REHABILITATION BUILDING MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM –, PIN - 695011 3 THE EXECUTIVE DIRECTOR ‘KUDUMBASREE’ STATE MISSION TRIDA REHABILITATION BUILDING MEDICAL COLLEGE. P.O, THIRUVANANTHAPURAM –, PIN - 695011 4 THE DISTRICT MISSION CO-ORDINATOR KUDUMBASREE DISTRICT MISSION OFFICE, MALAPPURAM, KERALA -, PIN - 676505 BY ADV ADVOCATE GENERAL OFFICE KERALA PARVATHY KOTTOL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 44581 OF 2024 2 2025:KER:29757 JUDGMENT The petitioner was employed under the Kerala State Poverty Eradication Mission, on contractual basis, on the post of Driver on 19.07.2008. The petitioner's service would be terminated on the following eventualities as mentioned in paragraph 3 of the said contract of employment. Thus, the petitioner's services could have been terminated without any notice by the said mission, and the petitioner's services also could get terminated on the completion of the project. 2. Paragraph 3 of the contract of employment in Ext.P2 reads as under: “3. 1. The service of the party of the first part may be terminated as follows: i. Without notice by second party, on, winding up of the Mission either by Government or by State Poverty Eradication Mission, or at the request of the first party for relief or on appointment of an incumbent on deputation. ii. At any time on (one calendar month) notice in writing given to him by the Mission if, in the opinion of the Mission, the party of the first part proves unsuitable for WP(C) NO. 44581 OF 2024 3 2025:KER:29757 the efficient performance of his duties during service under this agreement (a) The Mission may in lieu of any notice herein provided for give the party of the first part, a sum equivalent to the amount of his pay of one month or shorter notice than one month, if they pay him a sum equal to the amount of his pay for the period by which such notice falls short of one month. iii. By the Mission without previous notice if the Mission is satisfied on medical evidence that the party of the first part is unfit and is likely for a considerable period to continue unfit by reason of ill-health for the discharge of his duties; and that the decision of the Mission that the party of the first part is likely to be unfit shall be conclusively binding on the party of the first part iv. By the Mission or their officers having proper authorities without any previous notice if the party of the first part shall be guilty of any insubordination, intemperance or other misconduct or of any breach e non-performance of any of the provisions of these presents or of any rules pertaining to the service to which he may belong v. By one calendar month notice in writing given at any time during service under this agreement (except the first year thereof) either by him to the Mission or by the Mission or their authorized officer to him without cause assigned and that the Mission may, in lieu of any notice herein provided for, give the party of the first part a sum equivalent to the amount of his pay of one month or shorter notice than two months if they pay him a sum equal to the amount of his pay for the period by which such notice falls short of one month.” 3. The petitioner’s engagement has not been renewed after he completed 56 years of age as per the age limit prescribed by the Government for drivers. WP(C) NO. 44581 OF 2024 4 2025:KER:29757 4. The petitioner has filed this writ petition against the decision taken by the respondent Mission not to further engage the petitioner on the post of Driver. The learned counsel for the petitioner submits that the petitioner should have been engaged till the project got completed. 5. It is further submitted that the mission itself has taken a decision to extend the employment of the employees working under the Mission up to 60 years, and on ratification of the said decision, the Mission forwarded the request to the State Government. However, the State Government has rejected the request on the ground that the employees working under the Mission are contractual employees, and their terms of the engagement shall be governed by the terms and conditions of the contract of employment. 6. I have considered the submissions. The petitioner's engagement as a contractual employee in the Mission is governed by the terms and conditions of WP(C) NO. 44581 OF 2024 5 2025:KER:29757 the Mission mentioned above. The terms and conditions of the contract of the agreement does not provide that the petitioner shall continue till the project of mission gets completed, where he was employed on contractual basis. The completion of the project is one of the eventualities, on which the petitioner's employment would come to an end. There are 3 eventualities mentioned in Clause 1 for termination of the contract, and as the respondent Mission has considered not to continue the petitioner after he attained the age of 56 years, which is the age of retirement of the drivers working with the Government, I do not find that any error of law has occurred in taking such a decision. In view thereof, I do not find any substance in this writ petition, which is hereby dismissed. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 44581 OF 2024 6 2025:KER:29757 APPENDIX OF WP(C) 44581/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF GO (MS) NO. 179/2008/LSGD DATED 26.06.2008 ALONG WITH ENGLISH TRANSLATION Exhibit P2 A TRUE COPY OF AGREEMENT EXECUTED BY THE PETITIONER ON 19.07.2008 WITH THE EXECUTIVE DIRECTOR, STATE POVERTY ERADICATION MISSION Exhibit P3 A TRUE COPY OF RELEVANT PAGES OF THE AGENDA AND MINUTES OF THE GOVERNING BODY MEETING OF THE MISSION HELD ON 13.06.2019 ALONG WITH ENGLISH TRANSLATION Exhibit P4 A TRUE COPY OF LR. NO. IA1/90/2020/LSGD DATED 19.12.2020 ALONG WITH ENGLISH TRANSLATION Exhibit P5 A TRUE COPY OF JUDGMENT DATED 27-06-2022 IN WP © NO. 5046/2021 Exhibit P6 A TRUE COPY OF THE ORDER DATED 31.05.2023 IN WP©NO.12313/2023 PASSED BY THIS HON’BLE COURT Exhibit P7 A TRUE COPY OF G.O(MS) NO 297/2011/H&FWD DATED 07.05.2011 ALONG WITH ENGLISH TRANSLATION Exhibit P8 TRUE COPY OF GO(MS) NO. 43/2014/P&ARD DATED 27.12.2014 Exhibit P9 A TRUE COPY OF THE G.O(MS) NO. 03/2012/S & T DATED 16.04.2012