Kerala High Court
State Of Kerala vs Joseph Steaphen Roby K.A on 28 January, 2021
Author: Alexander Thomas
Bench: Alexander Thomas, T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
OP(KAT).No.409 OF 2020
AGAINST THE ORDER IN OA (EKM) 1107/2017 DATED 27-07-2020 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDITIONAL BENCH AT
ERNAKULAM)
PETITIONERS/RESPONDENTS 1 AND 2 IN THE O.A:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695 001, KERALA.
2 PRINCIPAL SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA - 695 001.
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS & 3RD RESPONDENT IN THE O.A:
1 JOSEPH STEAPHEN ROBY K.A.
AGED 36 YEARS
S/O.ANTONY, KOOLIKKATTU HOUSE, KUMBALANGI P.O.,
KOCHI - 682007, ERNAKULAM, KERALA.
2 KABANI C.
AGED 37 YEARS
D/O.CIVIC CHANDRAN, SURYAKANTHAM P.O., WEST HILL,
KOZHIKODE, KERALA - 673005.
3 RESHMY R.
AGED 32 YEARS
D/O.C.R.RAVINDRAN NAIR, SANJEEVANAM, VAZHAPPILLY,
MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM,
KERALA - 686 669.
4 SONOOP R.
AGED 31 YEARS
S/O.RAJAPPAN NAIR, INDIRA BHAVAN, TC 10/1091,
MELETHUMELE, MANIKANTESWARAM P.O.,
O.P(KAT)Nos.409 & 407 of 2020
2
THIRUVANANTHAPURAM, KERALA - 695 013.
5 KERALA PUBLIC SERVICE COMMISSION
PATTOM, THULASSI HILLS, THIRUVANANTHAPURAM -
695004, REPRESENTED BY ITS SECRETARY, KERALA.
R1 BY ADV. DR.K.P.PRADEEP
R1 BY ADV. SMT.T.THASMI
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 28.01.2021, ALONG WITH OP(KAT).407/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(KAT)Nos.409 & 407 of 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
OP(KAT).No.407 OF 2020
AGAINST THE ORDER/JUDGMENT IN OA (EKM) 941/2017 DATED 27-07-2020
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
(ADDITIONAL BENCH AT ERNAKULAM)
PETITIONER/1ST RESPONDENT IN THE O.A:
STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001, KERALA
BY GOVERNMENT PLEADER
RESPONDENTS/APPLICANT AND 2ND RESPONDENT IN THE O.A:
1 GIREESH D.
AGED 43 YEARS
S/O. P.P.DAMODARAN, KAILASAM, NO. 18, KALIKAVU
TEMBLE ROAD, MELAKKAM P.O, MANJERI, MALAPPURAM,
KERALA 676 123
2 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA
PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, KERALA 695 004
SRI.ANTONY MUKKATH, SR.GP, SMT.JOHN NELLIMALA
SARAI, DR.K.P.PRADEEP, SRI.P.C.SASIDHARAN, SC FOR
PSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 28.01.2021, ALONG WITH OP(KAT).409/2020, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(KAT)Nos.409 & 407 of 2020
4
ALEXANDER THOMAS & T.R.RAVI, JJ.
==================================
O.P (KAT) No.409 of 2020
[arising out of the order dated 27.07.2020 in O.A (Ekm) No.1107/2017
of the KAT, Tvm Bench (Addl.Bench at Ekm)]
&
O.P (KAT) No.407 of 2020
[arising out of the order dated 27.07.2020 in O.A (Ekm) No.941/2017
of the KAT, Tvm Bench (Addl.Bench at Ekm)]
==================================
Dated this the 28th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the aforecaptioned O.P (KAT) No.409/2020 filed under Articles 226 & 227 of the Constitution of India are as follows (see page No.14 of the paper book of this O.P) :
"1. To set aside Exhibit P5 Order dated 27.07.2020 of the Kerala Administrative Tribunal in O.A. (EKM). No.1107/2017.
2. Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case."
2. The prayers in the aforecaptioned O.P (KAT) No.407/2020 filed under Articles 226 & 227 of the Constitution of India are as follows (see page No.13 of the paper book of this O.P) :
"1. To set aside Exhibit P7 Order dated 27.07.2020 of the Kerala Administrative Tribunal in O.A.(EKM).No.941/2017.
3.(sic) Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case." O.P(KAT)Nos.409 & 407 of 2020 5
3. Heard Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners in these cases (State of Kerala & others), Dr.K.P.Pradeep, learned counsel appearing for respondent Nos.1 to 4 in O.P (KAT) No.409/2020 / original applicants in O.A No.1107/2017, Ms.John Nellimala Sarai, learned counsel appearing for the 1 st respondent in O.P (KAT) No.407/2020 / sole original applicant in O.A (Ekm) No.941/2017 & Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for the respondent-Public Service Commission in these two cases.
4. The matter was heard in extenso and this Court had passed a detailed common order on 04.01.2021 in these original petitions, which read as follows:
" After hearing both sides it appears that the case projected by the original applicants who approached the Tribunal (private contesting respondents in the both the OPs herein) is that, the respondent State Government authorities have admitted in their reply statement dated 4.8.2017 filed in O.A. (Ekm) No. 941/2017 that, from 1.3.2016 onwards there exist 113 substantive post of Deputy Collector in the permanent cadre, and the total cadre strength of the Deputy Collector is 113 as on 1.3.2016. It is the further case of the original applicants that, as per the G.O.(M.S.) No. 429/2010/R.D. dated 28.10.2010 produced as Anx.A-5 in the O.A. arising out of O.P.(KAT) No.409/2020, that the State Government in the Revenue Department has sanctioned 8 posts of Deputy Collector in connection with the responsibilities and duties for disaster management activities, and it is also the case of the petitioners that the above said 8 posts of Deputy Collector created as per Anx.A-5 G.O.(M.S.) No. 429/2010/R.D. dated 28.10.2010 is not inclusive of the abovesaid post of 113 sanctioned posts of Deputy Collector, and that therefore the total cadre strength would be 121 (113 + 8 = 121). Further it is pointed out that, it has been laid down by this Court in the judgment dated 25.6.2008 in WP(C). O.P(KAT)Nos.409 & 407 of 2020 6 No. 11014/2005 produced as Ext.P-6 in OP(KAT) No.409/2020 that, the posts of Deputy Collector (Hr.Gr.) will have to be excluded for the purpose of reckoning the cadre strength of Deputy Collector especially in the matter of computation of direct recruitment quota in the post of Deputy Collector. It is admitted case of the State authorities that, the ratio to be maintained between Deputy Collector and Deputy Collector (Hr.Gr.) is 3:1 and that therefore 25% of total cadre strength will have to be utilized for making appointments of eligible incumbents as Deputy Collector (Hr.Gr.), and that if that is taken into account, the total number of posts to be utilized for Deputy Collector (Hr.Gr.) will be 25% of 121, which will come to 30 posts and that the said 30 posts will have to be deducted from the total cadre strength of 121, and hence the total number of sanctioned posts to be utilized for appointment as Deputy Collector would be 91 (viz, 121 - 30 = 91).
2. Further it is urged by the applicants that the direct recruitment quota in the post of Deputy Collector is to be reckoned as 20% of the said 91 posts which would come to 18 posts. It is the further case of the applicants that the rank list for the post of Deputy Collector has come into force on 17.1.2014 and after extension has expired in June/July, 2017, and that at the time of expiry of said rank list, the total number of direct recruits in the post of Deputy Collector in position is 16, out of which 1 has resigned and that therefore the balance number of appointments due in the direct recruitment quota in the post of Deputy Collector would be 3 or atleast 2 posts. Further it is pointed out that, pursuant to the interim directions issued by the Kerala Administrative Tribunal on 16.6.2017, the Government in the revenue department has duly reported 2 vacancies of Deputy Collector to the Public Service Commission (PSC) on 27.6.2017, which is before the expiry of rank list. Hence, it is the case of the applicants that since 3 posts or atleast 2 posts are still available for appointment in the direct recruitment quota, the abovesaid two vacancies reported by the government to the PSC on 27.6.2017, should be treated as substantive vacancies which are available in direct recruitment quota for Deputy Collector, and hence the impugned direction issued by the Tribunal to the PSC to advise 2 more candidates for appointment from the rank list in question, and consequential direction issued to the State Government to issue appointment orders in respect of two such candidates advised by the PSC does not warrant any legal interference at the hands of this Court.
3. Per contra, it appears that the case of the State authorities concerned is that, the abovesaid 8 posts of Deputy Collector, created as per Anx.A-5 G.O.(M.S.) No. 429/2010/R.D. dated 28.10.2010 is also inclusive of abovesaid 113 posts of Deputy Collector, and that this aspect of the matter has been so stated by the State Government in the additional reply statement dated 26.7.2019 O.P(KAT)Nos.409 & 407 of 2020 7 filed by the respondent State Government in O.A. (Ekm) No. 941/2017 from which O.P.(KAT) No.407/2020 has arisen, and that this aspect of the matter has not been taken into account by the Tribunal, and that therefore impugned order of the Tribunal would deserve interdiction at the hands of this Court.
4. So, it appears from the rival pleadings that the basic factual aspect to be determined by this Court is as to whether the abovesaid 8 posts of the Deputy Collector created as per the abovesaid Anx.A-5 G.O.(M.S.) No. 429/2010/R.D. Dated 28.10.2010 is also inclusive of abovesaid sanctioned number of posts of 113 in the cadre of Deputy Collector. Further it is also pointed out by the applicants that, it has already been informed by the competent authority of the State Government in letter dated 6.3.2017 (produced as Anx.A-4 in O.P.(KAT) No. 409/2020) that the abovesaid 8 posts of Deputy Collector created for disaster management as per G.O.(M.S.) No. 429/2010/R.D. Dated 28.10.2010 has not been included for reckoning the cadre strength of Deputy Collector as 113, and hence the case to the contrary, set up by the State Government in the abovesaid additional reply statement is untenable.
5. To resolve this controversy it is ordered that the Principal Secretary to Government in the Revenue Department shall personally swear to an affidavit giving the correct details of the sanctioned cadre strength in the post of Deputy Collector and the number of posts of Deputy Collector (Hr.Gr.) which has been excluded therefrom in order to arrive at the cadre strength of Deputy Collector especially for the purpose of reckoning the direct recruitment quota, and also the details of the various vacancies already reported to the PSC after the coming into force of present rank list dated 17.1.2014. The said affidavit should furnish all relevant materials particulars in order to enable this Court to ascertain with all precision and clarity as to whether the abovesaid 8 posts of Deputy Collector created as per abovesaid Anx.A-5 G.O.(M.S.) No. 429/2010/R.D. Dated 28.10.2010 is inclusive of abovesaid 113 posts of Deputy Collector, etc. The said affidavit shall be personally sworn to by the Principal Secretary to Government in the Revenue Department within 2 weeks time.
6. Further it is ordered that, the learned Government Pleader will ensure that a copy of additional reply statement dated 26.7.2019 filed by the State Government in O.A. (Ekm) No. 941/2017 from which O.P.(KAT) No.407/2020 has arisen, to Dr. K.P.Pradeep, learned counsel appearing for the petitioners in O.A. (Ekm) No. 1107/2017 from which O.P.(KAT) No.409/2020 has arisen, inasmuch as the said parties have not been served with copy of said additional pleadings. Needful should be done by the learned Government Pleader within a week's time.
O.P(KAT)Nos.409 & 407 of 2020 8
7. Further, the learned Standing Counsel for the Public Service Commission may also get specific factual instructions from the competent authority of the Kerala Public Service Commission as to the details of the vacancies reported by the Government in the Revenue Department to the PSC, after coming into force of the present rank list on 17.1.2014 and before the expiry of said rank list, and also as to the exact date on which the said rank list has expired, and whether the said expiry of rank list was after extension of said list taking into account the COVID-19 pandemic issues.
8. In that regard to ensure that the abovesaid factual details are made available to all the parties concerned, it may ensure that a statement in that regard may be filed on behalf of a competent officer of the respondent Kerala Public Service Commission, or by the learned Standing Counsel, and copies of said statement may be served on both the petitioners (State authorities) as well as the contesting respondents (original applicants) in advance.
9. Further it is ordered that, the interim stay order granted by this Court on 4.12.2020 in O.P.(KAT) No. 409/2020 will stand extended by 3 weeks subject to the condition that the abovesaid two vacancies already provisionally reported by the State Government in the Revenue Department to the PSC on 27.6.2017 shall not be utilized for any purposes.
List the cases on 18.1.2021."
5. Now we are apprised that an affidavit dated 23.01.2021 has been filed by the competent authority of the State Government in the Revenue Department (Principal Secretary to the Government in the Revenue Department) separately in both these original petitions and that the said affidavit is identically worded, as filed in both these cases. It will be profitable to refer to the contents of paragraph Nos.3 to 6 of the affidavit dated 23.01.2021 filed by the Principal Secretary to the Government in the Revenue Department in O.P (KAT) No.409/2020, which reads as follows :
O.P(KAT)Nos.409 & 407 of 2020 9 "3. It is submitted that the Hon'ble High Court in its order dated 04.01.2021 in the above case has directed to give the correct details of sanctioned cadre strength in the post of Deputy Collector and the number of posts of Deputy Collector (Higher Grade) which has been excluded therefrom in order to arrive at the cadre strength of Deputy Collector especially for the purpose of reckoning the Direct Recruitment quota, and also the details of various vacancies already reported to the Public Service Commission after coming into force of the present rank list dated 17.01.2014.
4. It is respectfully submitted that as per Kerala State Civil Service (Executive) Special Rules. 1/5th of the substantive post in the permanent cadre of Deputy Collector shall be filled up by Direct Recruitment. There exists 121 substantive posts of Deputy Collector in the permanent cadre which includes 8 posts sanctioned as per G.O(MS) No.429/2010/RD dated 28.10.2010. As such 24 posts, ie. 1/5 th of 121 has to be earmarked for Direct Recruitment. As per the Special Rules vacancies for Direct Recruitment arise as and when any of the above mentioned 24 directly recruited Deputy Collectors either retired from service or confirmed that I.A.S.
5. It is respectfully submitted that based on the directions in the judgment dated 25.06.2008 in W.P(C) No.11014/2005 and connected cases the number of posts in the said service set apart or otherwise, being occupied by Deputy Collector (Higher Grade) shall be excluded form consideration. Hence it is submitted that now at present 138 posts of Deputy Collectors existing in Land Revenue Department. Out of which 121 are substantive posts and remaining 17 are temporary post. It is also submitted that at the time of issuance of G.O(MS) No.429/2010/RD dated 28.10.2010 the substantive posts existing in the cadre of Deputy Collectors in the Land Revenue Department was 113. Hence total cadre strength as on the date of issuance of above government order is 121 which includes 8 posts created as per the above government order. It is respectfully submitted that the Government have made the following appointments in pursuance to the vacancies reported to the KPSC after coming into force of rank list dated 17.01.2014.
(a) G.O(MS) No.157/14/RD dated 31.03.2014 - 5 appointments.
(b) G.O(MS) No.68/15/RD dated 13.02.2015 - 2 appointments.
(c) G.O(MS) No.17/16/RD dated 11.01.2016 - 9 appointments.
(d) G.O(MS) No.97/18/RD dated 09.03.2018 - 2 appointments.
6. The existing substantive strength of Deputy Collectors in Revenue Department is 121 out of which 1/5 th of the above said vacancies O.P(KAT)Nos.409 & 407 of 2020 10 has to be filled by Direct Recruitment. Hence as on the date of expiry of the rank list 20 advices has to be made from the same. Hence after effecting the 18 appointments already made. 2 (two) more vacancies which are provisionally reported to the Public Service Commission can be utilized for effecting appointments. Hence this Hon'ble Court may be pleased to accept this affidavit as a part of the above O.P (KAT)."
6. Now we are apprised by Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners in these cases and that too on specific instructions of the competent authority of the State Government in the Revenue Department and on the basis of the averments in the abovesaid affidavit dated 23.01.2021 filed by the Principal Secretary to the Government in the Revenue Department that two more appointments are to be made in the direct recruitment quota from among the candidates included in the present rank list duly finalized and published by the Kerala Public Service Commission on 17.01.2014 and it has expired on 30.06.2017 and that two vacancies have been provisionally reported by the Government in the Revenue Department to the Kerala Public Service Commission on 28.06.2017 in compliance with the interim order dated 16.06.2017 rendered by the Tribunal in O.A (Ekm) No.1107/2017, which has now led to O.P (KAT) No.409/2020 and that the said two vacancies though provisionally reported to the Public Service Commission, are now found to be substantive vacancies, which are to be utilized in the direct recruitment quota in the post of Deputy Collector and O.P(KAT)Nos.409 & 407 of 2020 11 that therefore, it is now for the Public Service Commission to take steps to advise two more candidates from the from among the candidates included in the abovesaid rank list dated 17.01.2014, in accordance with the applicable norms including the Rules of reservation and rotation, etc. It is pointed out to this Court that the abovesaid interim order was rendered by the Tribunal on 16.06.2017 directing the competent authority of the State Government in the Revenue Department to report two vacancies provisionally to the Public Service Commission.
7. Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission has also submitted on the basis of instructions that the vacancy requisition report in respect of those two vacancies received by the Public Service Commission on 28.06.2017 and the said vacancy requisition report has been made provisionally by the competent authority of the State Government in compliance with the interim order dated 16.06.2017 and that the rank list in question has expired on 30.06.2017, which is after the receipt of the abovesaid vacancy requisition report. It is common ground that going by the mandate of Rule 14 of the Kerala Public Service Commission Rules & Procedure, advice and appointment of the candidates can be made as against vacancies reported by the appointing authority to the Public Service Commission during the O.P(KAT)Nos.409 & 407 of 2020 12 currency of the rank list in question and such advise could be made even after the expiry of the rank list, so long as the vacancy requisition report has been received by the Public Service Commission from the appointing authority concerned on or before the expiry of the rank list in question. Now, it is virtually stated by the competent authority of the State Government in the Revenue Department that the said two vacancies though provisionally reported before the expiry of the rank list are substantive vacancies, which had arisen before the expiry of the present rank list in question.
8. Accordingly, it is ordered that the Secretary of the respondent- Kerala Public Service Commission may take necessary steps to ensure that two more candidates included in the said rank list dated 28.06.2017 in the post of Deputy Collector may be duly advised, in accordance with the applicable norms and including the Rules of Reservation & Rotation and in accordance with law, without much delay and preferably within a period of one month from the date of production of a certified copy of this judgment. Thereafter, the competent appointing authority concerned viz., the Principal Secretary to the Government in the Revenue Department may ensure that orders of appointment in respect of those two candidates, so O.P(KAT)Nos.409 & 407 of 2020 13 advised by the Public Service Commission, may be issued, without much delay, preferably within a period of six weeks from the date of receipt of copies of the advice memo so issued by the Secretary of the Public Service Commission.
9. In the light of the abovesaid aspects, the impugned common final order dated 27.07.2020 of the Kerala Administrative Tribunal, Ernakulam Bench, in O.A (Ekm) Nos.1107/2017 & 941/2017 does not require any substantial judicial interdiction at the hands of this Court in exercise of the powers of judicial review and superintendence. However, the orders and directions issued by the Tribunal as per the said final order dated 27.07.2020 in O.A (Ekm) Nos.1107/2017 & 941/2017, will stand modified as ordered above.
With these observations and directions, the above Original Petitions will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
T.R.RAVI, JUDGE vgd O.P(KAT)Nos.409 & 407 of 2020 14 APPENDIX OF OP(KAT) 409/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE O.A.ALONG WITH
ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE NOTIFICATION IN CATEGORY
NO.441/2010 DATED 31/12/2010 ISSUED BY THE
3RD RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE RANKED LISTS NO.24/14/SS
VI IN CATEGORY NO.441/2010 IN THE POST OF
DEPUTY COLLECTOR, GOVERNMENT OF KERALA
ISSUED BY THE 3RD RESPONDENT W.E.F
17.01.2014
ANNEXURE A3 TRUE COPY OF THE APPOINTMENT CHART
NO.R1A(2) 1359/14/GW IN CATEGORY
NO.441/2010 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE COMMUNICATION
NO.10122/C1/2017/RD DATED 06/03/2017 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
ANNEXURE A4(A) TRUE COPY OF THE APPLICATION DATED
07/02/2017 SUBMITTED UNDER RIGHT TO
INFORMATION ACT, 2005.
ANNEXURE A5 TRUE COPY OF THE ORDER G.O.(MS)
NO.429/2010/RD DATED 28/10/2010 ISSUED BY
THE 2ND RESPONDENT.
ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED
25/05/2017 SUBMITTED TO THE 1ST RESPONDENT
BY THE 1ST APPLICANT.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE PROFORMA FOR
REPORTING 2 VACANCIES IN THE POST OF DEPUTY
COLLECTOR IN THE LAND REVENUE DEPARTMENT.
EXHIBIT P3 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY
THE 1ST PETITIONER IN THE ORIGINAL
APPLICATION WITH ADOPTION MEMO.
O.P(KAT)Nos.409 & 407 of 2020
15
EXHIBIT P4 A PHOTOCOPY OF THE ADDITIONAL REPLY
STATEMENT FILED BY THE 1ST PETITIONER IN
THE ORIGINAL APPLICATION.
EXHIBIT P5 A PHOTOCOPY OF THE ORDER DATED 27/07/2020
IN O.A.(EKM) NO.1107/2017.
EXHIBIT P6 A PHOTOCOPY OF THE JUDGMENT DATED
25/06/2008 IN W.P.(C) NO.11014/2005.
EXHIBIT P7 A PHOTOCOPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.157/2014/RD DATED 31/03/2014.
EXHIBIT P8 A PHOTOCOPY OF THE G.O.(NO.) NO.68/2015/RD
DATED 13/02/2015.
EXHIBIT P9 A PHOTOCOPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.17/2016/RD DATED 11/01/2016.
EXHIBIT P10 A PHOTOCOPY OF THE GOVERNMENT ORDER G.O.
(MS) NO.97/2018/RD DATED 09/03/2018.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A TRUE COPY OF THE COMMUNICATION NUMBER
28680/C1/2016/RD DATED 25/05/2016 ISSUED BY THE REVENUE DEPARTMENT.
EXHIBIT R1B TRUE COPY OF THE ORDER DATED 09/10/2015 IN OA(EKM).NO.800 OF 2015 OF THE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT R1C TRUE COPY OF THE ORDER DATED 22/03/2016 IN IA(EKM).NO.472 OF 2016 OF THE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT R1D TRUE COPY OF THE ORDER DATED 24/08/2017 IN IA(EKM).NO.539 OF 2016 OF THE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT R1E TRUE COPY OF THE ORDER DATED 13/06/2019 IN OA(EKM).NO.1547 OF 2016.
EXHIBIT R1F TRUE COPY OF THE PROCEEDINGS OF LEGISLATIVE ASSEMBLY IN QUESTION NUMBER 1472 DATED 03/12/2018 WITH ANNEXURE.
O.P(KAT)Nos.409 & 407 of 2020 16 APPENDIX OF OP(KAT) 407/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE O.A ALONG WITH ANNEXURES ANNEXURE A1 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31-12-2010 ADVERTISING THE POST OF DEPUTY COLLECTOR IN THE LAND REVENUE DEPARTMENT FOR KEERALA CIVIL SERVICES (EXECUTIVE) ANNEXURE A2 TRUE COPY OF THE INTERVIEW CALL LETTER ISSUED TO THE APPLICANT DATED 16-11-2013 ANNEXURE A3 TRUE COPY OF THE RANK LIST NO. 24-14-SS VI DATED 17-01-2014 ANNEXURE A4 TRUE COPY OF THE 2ND RESPONDENT REPLY NO.
IDS 1(3) 7644/2016/GW DATED 23-09-2016 TO
RTI QUERY
ANNEXURE A5 REPLY PROVIDED UNDER RTI BY THE STATE
PUBLIC INFORMATION OFFICER, REVENUE
DEPARTMENT,DATED 27-05-2016
ANNEXURE A16 A TRUE COPY OF REPLY UNDER RTI DATED 26-08-
2016
ANNEXURE A7 A STUDY REPORT OF THE COMMITTEE OF
SECRETARIES APPOINTED BY THE GOVERNMENT
VIDE G.O(RT) 322/2016/P & ARD DATED 16-08-
2016
EXHIBIT P2 A TRUE PHOTOCOPY OF THE PROFORMA FOR
REPORTING 2 VACANCIES IN THE POST OF DEPUTY
COLLECTOR IN THE LAND REVENUE DEPARTMENT
EXHIBIT P3 A TRUEPHOTOCOPY OF THE M.A (EKM) NO.
1020/2017
ANNEXURE A8 REPLY PROVIDED UNDER RTI BY THE STATE
PUBLIC INFORMATION OFFICER OF THE 2ND
RESPONDENT KPSC, DATED 23-09-2016
EXHIBIT P4 A TRUE PHOTOCOPY OF THE M.A(EKM) NO.
1049/2017
O.P(KAT)Nos.409 & 407 of 2020
17
ANNEXURE A9 TRUE COPY OF THE ADDENDUM NOTIFICATION
DATED 01-12-2015
ANNEXURE A10 TRUE COPY OF THE ADDENDUM NOTIFICATION
DATED 02-05-2016
ANNEXURE A11 TRUE COPY OF THE ADDENDUM NOTIFICATION
DATED 28-07-2016
ANNEXURE A12 TRUE COPY OF THE SCREEN SHOT OF THE WEBSITE
OF THE 1ST RESPONDENT DEPARTMENT
EXHIBIT P5 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY
THE 1ST PETITIONER IN THE ORIGINAL
APPLICATION
EXHIBIT P6 A PHOTOCOPY OF THE ADDITIONAL REPLY
STATEMENT FILED BY THE 1ST PETITIONER IN
THE ORIGINAL APPLICATION
EXHIBIT P7 A PHOTOCOPY OF THE ORDER DATED 27-07-2020
IN O.A (EKM) NO. 941/2017
EXHIBIT P8 A PHOTOCOPY OF THE JUDGMENT DATED 25-06-
2008 IN W.P9C) NO. 11014/2015
EXHIBIT P9 A PHOTOCOPY OF THE GOVERNMENT ORDER G.O(MS)
NO. 157/2014/RD DATED 31-03-2014
EXHIBIT P10 A PHOTOCOPY OF THE G.O(MS) NO.68/2015/ RD
DATED 13-02-2015
EXHIBIT P11 A PHOTOCOPY OF THE GOVERNMENT ORDER G.O(MS)
NO. 17/2016/RD DATED 11-01-2016
EXHIBIT P12 A PHOTOCOPY OF THE GOVERNMENT ORDER G.O(MS)
NO. 97/2018/RD DATED 09-03-2018