SANTHINI G. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who was working as Accountant in a CDS Unit under the Kudumbasree Project in Palakuzha Panchayath-the 4th respondent, filed this writ petition challenging the order Ext.P9 issued by the 4th respondent terminating her services as Accountant under the Panchayat.

(2.) The petitioner submits that she has been working as Accountant right from 27.8.2009 on the basis of an appointment made after a regular process of selection. Though the appointment was made on contract basis, petitioner submits that her appointment was made in terms of Ext.P1 -G.O.(Ms) No.93/09/LSGD dated 30.05.2009. By Ext.P1 order Govt granted permission to the Executive Director of Kudumbasree Mission to hire the services of Accountants in each CDS having the requisite qualifications on an honorarium of Rs.5000/- subject to the conditions mentioned therein. The payment of honorarium was to be made with the support of Kudumbasree for the first 4 years as provided therein. The District Mission Co-ordinator as per Ext.P2 order dated 21.08.2009, informed the petitioner that she was selected as CDS Accountant based on written test and interview and that her appointment would be subject to the conditions in Ext.P1 order. She was directed to attend a training which is necessary for the appointment. As per Ext.P1 the Kudumbasree was to extend the entire fund towards the honorarium for the first 2 years; 50% for the next two years and thereafter the entire payment is to be made from out of CDS funds. The 4th respondent-the Chairperson thereafter issued Ext.P4 order on 27.08.2009, appointing the petitioner. In this order also it was stated that the appointment was subject to Ext.P1 order. However it was stipulated that the appointment is on contract basis for one year; the appointee would not have any right to get the tenure of appointment extended beyond one year; however contract will be renewed after evaluating the performance; appointee has to execute an agreement with CDS; a sum of Rs.5000/-would be paid as honararium, etc.

(3.) While petitioner was continuing so, she proceeded on maternity leave with effect from 14.10.2016 to 13.1.2017, after submitting Ext.P4 application dated 28.09.2016. The petitioner submits that she was granted leave. On 29.12.2016, the 3rd respondent issued Ext.P5 letter enclosing the profoma of appraisal reports, directing those CDS Accountants who were appointed after being successful in the test and interview, to forward the duly filled in appraisal forms attested by the member secretary of CDS, along with the recommendation of the Chairperson, before 07.01.2017. The 3rd respondent also took note of the fact that the contract period of all the CDS Accountants in the district had already expired on 31.10.2016. Based on Ext.P5 letter of the 3rd respondent, petitioner submitted Ext.P6 letter addressed to the Member Secretary and Chairperson on 04.01.2017, enclosing the duly filled in-performance appraisal format, requesting for transmission to 3rd respondent, after attestation and recommendation by Member Secretary and Chairperson.