Kerala High Court
Union Of India vs Op (Cat).Nos.11 Of 202 on 27 February, 2020
Author: P.V.Kunhikrishnan
Bench: K.Vinod Chandran, P.V.Kunhikrishnan
OP (CAT).Nos.11 OF 2020,19 of 2020
& 219 of 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941
OP (CAT).No.11 OF 2020
AGAINST THE ORDER IN OA 968/2018 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, PARK TOWN, CHENNAI - 600 003.
2 CHIEF MEDICAL DIRECTOR,
HEADQUARTERS HOSPITAL, SOUTHERN RAILWAY, PERAMBUR,
CHENNAI - 600 023.
3 CHIEF MEDICAL DIRECTOR,
HEADQUARTERS HOSPITAL, SOUTHERN RAILWAY, PALAKKAD -
678 002.
4 SENIOR DIVISIONAL OPERATIONS MANAGER,
SOUTHERN RAILWAY, PALGHAT DIVISION, PALAGHAT - 678
002.
5 SENIOR DIVISIONAL PERSONAL OFFICER,
SOUTHERN RAILWAY, PALGHAT DIVISION, PALAGHAT - 678
002.
6 STATION MANAGER,
SOUTHERN RAILWAY, MAHE, KOZHIKODE - 673 309.
BY ADVS.
SRI.S.ANANTHAKRISHNAN
SRI.B.RAJESH (KOTTAYAM)
SMT.SUMATHY DANDAPANI (SR.)
RESPONDENT:
OP (CAT).Nos.11 OF 2020,19 of 2020
& 219 of 2019 2
P.K.AJITH PRASAD,
AGED 52 YEARS
S/O NARAYANAN, EMPLOYED AS STATION SUPERINTENDENT,
MAHE RAILWAY STATION (LAST WORKED AS OFFICER
SUPERINTENDENT IN SMR/O/SRR JN), RESIDING AT HOUSE,
ANUGRAH, POOKODU P.O., PATTAIM, THALASSERY, KANNUR
- 670 691.
R1 BY ADV. SRI.SAJITH KUMAR V.
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 27.02.2020,
ALONG WITH OP (CAT).219/2019, OP (CAT).19/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).Nos.11 OF 2020,19 of 2020
& 219 of 2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941
OP (CAT).No.219 OF 2019
AGAINST THE ORDER IN MA No.699/2019 IN O.A.No.968/2018 DATED 05-
08-2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
P.K.AJITH PRASAD,
AGED 52 YEARS
S/O.NARAYANAN, EMPLOYED AS STATION SUPERINTENDENT,
MAHE RAILWAY STATION (LAST WORKED AS OFFICE
SUPERINTENDENT IN SMR/O/SRR JN), RESIDING AT HOUSE
ANUGRAH, POOKODU.P.O., PATTIAM, THALASSERY KANNUR-
670691
BY ADVS.
SRI.SAJITH KUMAR V.
SHRI.GODWIN JOSEPH
SRI.A.V.VIVEK
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, PARK TOWN, CHENNAI-600003.
2 CHIEF MEDICAL DIRECTOR,
HEADQUARTERS HOSPITAL, SOUTHERN RAILWAY, PERAMBUR,
CHENNAI-600023
3 CHIEF MEDICAL SUPERINTENDENT,
RAILWAY HOSPITAL, SOUTHERN RAILWAY, PALGHAT-678002
4 SENIOR DIVISIONAL OPERATIONS MANAGER
SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT-678002
5 SENIOR DIVISIONAL PERSONNEL OFFICER
OP (CAT).Nos.11 OF 2020,19 of 2020
& 219 of 2019 4
SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT-678002
6 STATION MANAGER,
SOUTHERN RAILWAY, MAHE, KOZHIKODE-673309
R1-6 BY SRI.B.RAJESH, SC, RAILWAYS
R1-6 BY ADV. SMT.SUMATHY DANDAPANI (SR.)
R2-6 BY SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS
OTHER PRESENT:
SMT.SUMATHI DANDAPANI(SR.)
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 27.02.2020,
ALONG WITH OP (CAT).11/2020, OP (CAT).19/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941
OP (CAT).No.19 OF 2020
AGAINST THE ORDER IN OA 81/2018 DATED 12-06-2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,
PARK TOWN, CHENNAI - 600 003
2 CHIEF MEDICAL DIRECTOR,
HEADQUARTERS HOSPITAL, SOUTHERN RAILWAY, PERAMBUR,
CHENNAI - 600 023
3 CHIEF MEDICAL SUPERINTENDENT,
RAILWAY HOSPITAL, SOUTHERN RAILWAY, PALAKKAD - 678
002
4 SENIOR DIVISIONAL OPERATIONS MANAGER,
SOUTHERN RAILWAY, PALGHAT DIVISION, PALAGHAT - 678
002
5 SENIOR DIVISIONAL PERSONAL OFFICER,
SOUTHER RAILWAY, PALGHAT DIVISION, PALGHAT - 678 002
BY ADVS.
SRI.S.ANANTHAKRISHNAN
SRI.B.RAJESH (KOTTAYAM)
SMT.SUMATHY DANDAPANI (SR.)
RESPONDENT:
P.K.AJITH PRASAD
AGED 52 YEARS
S/O. NARAYANAN, EMPLOYED AS STATION SUPERINTENDENT,
MAHE RAILWAY STATION, RESIDING AT ANUGRAH, POOKODU
P.O., PATTIAM, THALASSERY, KANNUR - 670 691
R1 BY ADV. SRI.SAJITH KUMAR V.
OP (CAT).Nos.11 OF 2020,19 of 2020
& 219 of 2019 6
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 27.02.2020,
ALONG WITH OP (CAT).219/2019, OP (CAT).11/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).Nos.11 OF 2020,19 of 2020
& 219 of 2019 7
K.VINOD CHANDRAN & P.V.KUNHIKRISHNAN, JJ
-------------------------------------------------------------------------
O.P(CAT) Nos.11 of 2020, 19 of 2020 & 219 of 2019
-------------------------------------------------------------------------
Dated this the 27th day of February, 2020
JUDGMENT
P.V.Kunhikrishnan, J The above 3 Original Petitions are interconnected and hence all the 3 cases are disposed by this common judgment. OP(CAT) No.11 of 2020 and OP(CAT) No.19 of 2020 are filed by the respondents in O.A 968 of 2018 and in OA No.81 of 2018 respectively on the file of Central Administrative Tribunal, Ernakulam Bench (for short Tribunal). Respondents in the above Original Petitions are the applicants in the above Original Application. The respondent in OP(CAT) No.11 of 2020 & OP(CAT)No.19 of 2020 is the petitioner in OP(CAT) No.219/2019 which is filed against the order dated 5.8.2019 in MA No.699/2019 in OA No.968/2018 of the OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 8 Tribunal. [The parties are mentioned in accordance with their rank before the Tribunal].
2. The brief facts of the case are like this:
The applicant in O.A No. 81 of 2018 was a Station Superintendent at Mahe Railway Station in Palakkad Division of Southern Railway. He met with an accident and he acquired consequent disability w.e.f 11.9.2017. O.A No. 81 of 2018 was filed by the applicant to declare that, the applicant is entitled to be treated as "a person with bench mark disability" and to place on a supernumerary post with all attendant benefit from 11.9.2017 or 10.10.2017 or 8.11.2017 as deemed by the court. The applicant also challenge Annexures-A6, A8 & A9 of the respondents, produced before the Tribunal.
3. OA No.968 of 2018 was filed by the same applicant challenging Annexure-A19 charge sheet issued to him on standard form No.5 proposing major penalty against the applicant. The applicant also seek a OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 9 declaration that, he is disabled and hence entitled to protection of pay and other emoluments in terms of Section 47 of Person with Disabilities Act and Section 24 of the Rights of Person with Disability Act , 2016. He also prayed for issuing appropriate directions to permit the applicant to join duty at Mahe and continued to be employed by providing suitable alternative job as per Disability Rules and screening committee decision. There is a prayer to pay regular monthly salary to the applicant w.e.f 7.11.2017.
4. O.A.No.968 of 2018 and O.A.No. 81 of 2018 were disposed by a common order in which, the Tribunal observed that, the applicant is entitled for benefit u/s 47 of the Persons with Disability Act under the relevant rules available. The Tribunal also directed to give benefit of the disabled leave and he should be given light duties. The Tribunal recorded that, during the course of arguments, it is informed by the learned counsel that, the applicant has been now engaged with administrative duties. The Tribunal OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 10 thereafter observed that "to some extent, relief is granted to the applicant by the department itself." Regarding the other reliefs the Tribunal passed the following directions.
"Thus, other relief such as leave due under the Disabilities Act shall be given to the applicant by taking requisite forms. The applicant will co-operate in this regard. As regards salary, the same is to be paid to the applicant which is still due. Same shall be considered by the respondents in accordance with the Disabilities Act. This shall be complied with by the respondents within three months from the date of receipt of a copy of this order."
5. Challenging these directions in OA No. 968 of 2018 & OA No.81 of 2018 of the Tribunal, OP(CAT) No.11 of 2020 and OP(CAT) No.19 of 2020 are filed. After the disposal of OA No. 968 of 2018 by the Tribunal, the applicant filed MA 699 of 2019 before the Tribunal. The main grievance of the applicant in the MA is that, after the order passed by the Tribunal, the 4th respondent, who is the designated authority, issued an order removing the OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 11 applicant from service with immediate effect. Annexure-MA 2 is the order passed by the Tribunal. The prayer in the MA is to direct the respondents to keep in abeyance Annexure- MA2 order permitting the applicant to continue in service for proper implementation of Annexure-MA1 order, which is the common order passed by the Tribunal. That application was dismissed by the Tribunal as per order dated 5.8.2019. The order dated 5.8.2019 in MA No.699 of 2019 in OA No.968 of 2018 of the Tribunal is challenged in OP(CAT) No.219 of 2019.
6. We heard the learned counsel for the applicants and the respondents.
7. After going through the pleadings and after hearing the parties, according to us, all the 3 Original Petitions are to be dismissed. OP(CAT) No.219 of 2019 is filed to keep in abeyance the final orders passed in the disciplinary proceedings. The applicant has got alternative remedy to challenge an order passed in a disciplinary OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 12 proceedings and therefore, such an order cannot be passed by the Tribunal or by this court in judicial review. Liberty is granted to the applicant to challenge the same in accordance with law. Therefore, OP(CAT) No.219 of 2019 is dismissed with that liberty.
8. OP(CAT) Nos.11 of 2020 & 19 of 2020 are filed challenging the common order in OA No. 968 of 2018 and OA No.81/18 of the Tribunal. The relevant portion of the above common order which is impugned in this Original Petition are extracted here under:
No doubt, the applicant had suffered a road accident along with 12 other officials while serving with the respondents. Ultimately, the applicant was declared as having 40% disability, and thus entitled for benefits under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. We are not convinced with regard to the way Railway authorities have treated their employees who met with an accident during the course of duty and rather they are stick to the technicalities alone. The certificate issued by the District Hospital is not disputed by the respondents nor they have constituted their own Medical Board. Rather allegation OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 13 has been made against the applicant when he met the non-railway hospital for getting requisite certificate. The fact remains that the applicant's disability is adjudicated by the competent authority as medically disabled by 40%. Thus, this Tribunal is of the view that the applicant is entitled for benefits under Section 47 of the Persons with Disabilities Act and under the relevant rules of the Railways. The applicant should be given the benefit of disabled leave and he should be given light duties. During the course of the argument it is informed by the learned counsel that the applicant has been now engaged with administrative duties. To some extent, relief is granted to the applicant by the department itself. Thus, other relief such as leave due under the Disabilities Act shall be given to the applicant by taking requisite forms. The applicant will co-operate in this regard. As regards salary, the same is to be paid to the applicant which is still due. Same shall be considered by the respondents in accordance with the Disabilities Act. This shall be complied with by the respondents within three months from the date of receipt of a copy of this order."
9. We find no reason to interfere with the above order. The Tribunal found that applicant has been now engaged in the administrative duties which is light duty and OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 14 hence the grievance of the applicant is redressed to some extent. As far as the leave due under the Disabilities Act, if the applicant is eligible for the same, the respondents are bound to pay the same. Similarly, if there is any salary due to the applicant, the same is also to be paid. The Tribunal only observed that, the directions shall be considered by the respondents in accordance with Disabilities Act. In such circumstance, according to us, there is nothing to interfere against the common order dated 12.6.2019 in O.A.No. 968 of 2018 and O.A.No.81 of 2018 of the Tribunal.
Hence in the light of the facts stated above, OP(CAT)Nos. 11 of 2020, 19 of 2020 & 219 of 2019 are dismissed. No costs.
Sd/-
K.VINOD CHANDRAN, JUDGE Sd/-
P.V.KUNHIKRISHNAN, JUDGE cms xxx OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 15 APPENDIX OF OP (CAT) 11/2020 PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.A. NO. 968 OF 2018.
EXHIBIT P1 (A19) A TRUE COPY OF THE CHARGE SHEET DATED 08/10/2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P1 (A1) A TRUE COPY OF THE MEDICAL CERTIFICATE OF DISABILITY DATED 21/11/2017 ISSUED BY THE GOVERNMENT GENERAL HOSPITAL, THALASSERY.
EXHIBIT P1 (A2) A TRUE COPY OF THE CERTIFICATE DATED 20-10-2016 ISSUED BY DR. RAJEEV, CONSULTANT ORTHOPEDICS, GOVERNMENT DISTRICT HOSPITAL, THALASSERY.
EXHIBIT P1 (A3) A TRUE COPY OF LETTER NO. J/T 20/SM DATED 16/10/2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P1 (A4) A TRUE COPY OF THE PRESCRIPTION MEMO NO.1770/17/CAN BY THE MEDICAL DEPARTMENT OF SOUTHERN RAILWAY.
EXHIBIT P1 (A5) A TRUE COPY OF THE LETTER NO.
J/T.20/SM DATED 15/12/2017 ISSUED BY THE 4TH RESPONDENT TO THE 3RD OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 16 RESPONDENT.
EXHIBIT P1(A6) A TRUE COPY OF THE REPRESENTATION DATED 13/12/2017 SUBMITTED BY THE APPLICANT.
EXHIBIT P1 (A7) A TRUE COPY OF THE LETTER NO.
J/P.721/S&W1/EDVR DATED 12/12/2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P1 (A8) A TRUE COPY OF THE LETTER NO.
J/O.535&VIII/SS/TI/VOL.II DATED 20.22/12/2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P1 (A9) A TRUE COPY OF THE RAILWAY BOARD ORDER NO. E(P&A) 1-2017/CPC/LE-5 DATED 30/08/2017 ISSUED BY THE RAILWAY BOARD.
EXHIBIT P1 (A10) A TRUE COPY OF THE INTERIM ORDER DATED 19/02/2018 IN OA 81/2018.
EXHIBIT P1 (A11) A TRUE COPY OF THE CERTIFICATE DATED 17/07/2018 ISSUED BY THE MEDICAL DIVISION OFFICER, PALAKKAD.
EXHIBIT P1(A12) A TRUE COPY OF THE LETTER DATED 19/07/2018 ISSUED BY THE STATION MASTER.
EXHIBIT P1(A13) A TRUE COPY OF THE LETTER DATED 20/07/2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P1(A14) A TRUE COPY OF THE LETTER DATED 20/07/2018 SUBMITTED BY APPLICANT TO THE 4TH RESPONDENT.
EXHIBIT P1(A15) A TRUE COPY OF THE LETTER NO.J/P 509/VIII/UT 911 DATED 28/08/2018 ISSUED BY THE SENIOR DPO/PGT.
EXHIBIT P1(A16) A TRUE COPY OF THE REPRESENTATION DATED 13/08/2018 SUBMITTED BY THE APPLICANT TO THE 4TH RESPONDENT.
EXHIBIT P1(A17) A TRUE COPY OF THE REPRESENTATION DATED 03/09/2018 SUBMITTED BY THE APPLICANT TO THE 4TH RESPONDENT.
OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 17 EXHIBIT P1(A18) A TRUE COPY OF THE REPRESENTATION DATED 21/09/2018 SUBMITTED BY THE APPLICANT.
EXHIBIT P1(A20) A TRUE COPY OF OBJECTION DATED 11/11/2018 SUBMITTED BY THE APPLICANT. EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY THE RESPONDENTS IN OA NO.968/2018. EXHIBIT P2(A1) TRUE COPY OF THE SALARY BILL FOR THE MONTH OF DECEMBER 2018.
EXHIBIT P2(A2) TRUE COPY OF LEGAL NOTICE DATED 08/09/2018.
EXHIBIT P2(A3) TRUE COPY OF OFFICE ORDER NO.
T2/02*/2019 DATED 16/01/2019.
EXHIBIT P2(A4) TRUE COPY OF STATION MANAGER/SOUTHERN RAILWAY/SHORANUR, LETTER DATED 21/01/2019.
EXHIBIT P3 COMMON ORDER IN OA NO.81/2018 AND OA NO.968/2018.
RESPONDENTS EXTS NIL
cms /TRUE COPY/ P.S.TO JUDGE
OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 18 APPENDIX OF OP (CAT) 219/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE OA NO.968/2018 SUBMITTED BY THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT DATED 07.02.2019 SUBMITTED BY THE RESPONDENTS IN OA 968/2018 OF THE HON'BLE CAT, ERNAKULAM BENCH EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL DATED 12.06.2019 IN OA NO.968/2018 EXHIBIT P4 A TRUE COPY OF THE MA 699/2019 FOR IMPLEMENTATION ALONG WITH ANNEXURES SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CAT EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 5.8.2019 IN MA 699/2019 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P1(A1) A TRUE COPY OF THE MEDICAL CERTIFICATE OF DISABILITY DATED 8.11.2017 ISSUED BY THE GOVERNMENT GENERAL HOSPITAL, THALASSERY EXHIBIT P1(A2) A TRUE COPY OF THE CERTIFICATE DATED 20.10.2016 ISSUED BY DR.RAJEEV, CONSULTANT ORTHOPEDIC OF GOVERNMENT DISTRICT HOSPITAL THALASSERY EXHIBIT P1(A3) A TRUE COPY OF LETTER NO.J/T 20/SM DATED 16.10.2017 ISSUED BY THE 4TH RESPONDENT EXHIBIT P1(A4) A TRUE COPY OF PRESCRIPTION MEMO NO.1770/17/CAN BY THE MEDICAL DEPARTMENT OF SOUTHERN RAILWAY EXHIBIT P1(A5) A TRUE COPY OF THE LETTER NO.J/T.20/SM DATED 15.12.2017 ISSUED BY THE 4TH RESPONDENT TO 3RD RESPONDENT EXHIBIT P1(A6) A TRUE COPY OF THE REPRESENTATION DATED 13.12.2017 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P1(A7) A TRUE COPY OF THE LETTER NO.J/P.721/SAND WI/EDVR DATED 12.12.2017 ISSUED BY THE 5TH OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 19 RESPONDENT EXHIBIT P1(A8) A TRUE COPY OF THE LETTER NO.J/P.535 AND VIII/SS/TI/VOL.II DATED 20/22.12.2017 ISSUED BY THE 5TH RESPONDENT EXHIBIT P1(A9) A TRUE COPY OF THE RAILWAY BOARD ORDER NO.E(P&A) 1-2017/CPC/CE-5 DATED 30.08.2017 ISSUED BY THE RAILWAY BOARD EXHIBIT P1(A10) A TRUE COPY OF INTERIM ORDER DATED 19.02.2018 IN OA 81/2018 EXHIBIT P1(A11) A TRUE COPY OF THE CERTIFICATE DATED 17.07.2018 ISSUED BY THE MEDICAL DIVISION OFFICE PALGHAT EXHIBIT P1(A12) THE TRUE COPY OF THE LETTER DATED 19/07/2018 ISSUED BY THE STATION MASTER EXHIBIT P1(A13) A TRUE COPY OF THE LETTER DATED 20.07.2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT P1(A14) A TRUE COPY OF THE LETTER DATED 20/07/20198 SUBMITTED BY PETITIONER TO THE 4TH RESPONDENT EXHIBIT P1(A15) A TRUE COPY OF THE LETTER NO.J/P509/VIII/UT 911 DATED 28/08/2018 ISSUED BY THE SENIOR DPO/PGT.
EXHIBIT P1(A16) A TRUE COPY OF THE REPRESENTATION DATED 13/08/2018 SUBMITTED B THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P1(A17) A TRUE COPY OF THE REPRESENTATION DATED 03/09/2018 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBT P1(A18) A TRUE COPY OF THE REPRESENTATION DATED 21.09.2018 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT EXHIBIT P1(A19) A TRUE COPY OF THE CHARGE SHEET DATED 08.10.2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT P1(A20) A TRUE COPY OF OBJECTION DATED 11.11.2018 SUBMITTED BY THE PETITIONER EXHIBIT P4(MA1) A TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL DATED 12.06.2019 IN OA NO.968/2018 OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 20 EXHIBIT P4(MA2) A TRUE COPY OF ORDER NO.J/T/.227/18/PGT/PKAP/5 DATED 15.07.2019 ISSUED BY THE 4TH RESPONDENT RESPONDENTS EXTS NIL OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 21 APPENDIX OF OP (CAT) 19/2020 PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.A.NO.81 OF 2018 EXHIBIT P1 (A6) A TRUE COPY OF THE LETTER NO.J/T.20/SM DATED 15.12.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P1 (A8) A TRUE COPY OF THE LETTER NO.J/P.721/S&WI/EDVR DATED 12.12.2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P1 (A9) A TRUE COPY OF THE LETTER NO.J/P535/VIII/SS/TI/VOL.II DATED 20/22.12.2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P1 (A1) A TRUE COPY OF THE CERTIFICATE OF DISABILITY NO.9367/2017 DATED 08.11.2017 ISSUED BY THE DISTRICT DISABILITY ASSESSMENT BOARD, GOVERNMENT GENERAL HOSPITAL, THALASSERY, KANNUR DISTRICT.
EXHIBIT P1 (A2) A TRUE COPY OF THE CERTIFICATE DATED 20.10.2016 ISSUED BY THE CONSULTANT ORTHOPEDICS, GENERAL HOSPITAL, THALASSERY.
EXHIBIT P1 (A3) A TRUE COPY OF THE REPRESENTATION DATED 12.09.2017 SUBMITTED BY THE APPLICANT.
EXHIBIT P1 (A4) A TRUE COPY OF THE LETTER NO.J/T.20/SM DATED 16.10.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P1(A5) A TRUE COPY OF THE MEMO NO.1770/17/CAN ISSUED BY THE MEDICAL DEPARTMENT OF SOUTHERN RAILWAY.
EXHIBIT P1 (A7) A TRUE COPY OF THE REPRESENTATION DATED 13.12.2017 SUBMITTED BY THE APPLICANT. EXHIBIT P1 (A10) A TRUE COPY OF THE RAILWAY BOARD ORDER RBE NO.107/2017 DATED 30.08.2017 EXHIBIT P1 (A11) A TRUE COPY OF THE NOTIFICATION NO.J/P.135/RE-ENGAGEMENT DATED 21.11.2017. EXHIBIT P1 (A12(A)) A TRUE EXTRACT COPY OF THE SECTIONS 2(E), 2(R), 20, 89 AND 102 OF RIGHTS 0F PERSONS OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 22 WITH DISABILITIES ACT 2016.
EXHIBIT P1 (A12(B)) A TRUE EXTRACT OF RULES 17 TO 20 OF RIGHTS OF PERSONS WITH DISABILITIES RULES. EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A.NO.81/2018 FILED IN MARCH 2018 EXHIBIT P2 (A1) A TRUE COPY OF THE SALARY BILL FOR THE MONTH OF FEBRUARY 2018.
EXHIBIT P2 (A2) A TRUE COPY OF THE LETTER NO.J/MD.105/COURT DATED 01.03.2018 EXHIBIT P3 A TRUE COPY OF THE REJOINDER DATED 19.03.2018 FILED BY THE APPLICANT IN O.A. NO.81/2018.
EXHIBIT P3 (A13) A TRUE COPY OF THE UNIQUE DISABILITY ID NO.KL0210619650002386 DATED 21.02.2018 ISSUED TO THE APPLICANT.
EXHIBIT P4 TRUE COPY OF M.A. NO.410 OF 2018 FILED IN O.A. NO.81 OF 2018 EXHIBIT P5 TRUE COPY OF OBJECTION DT.7.04.2018 FILED IN O.A. NO.81 OF 2018 EXHIBIT P6 TRUE COPY OF M.A. NO.524 OF 2018 FILED IN O.A. NO.81 OF 2018 EXHIBIT P6 (A3) TRUE COPY OF THE LETTER NO.J/MD.84/DEC DATED 14.03.2018 EXHIBIT P6 (A4) A TRUE COPY OF THE LETTER DATED 23.03.2018 GIVEN BY THE APPLICANT.
EXHIBIT P7 TRUE COPY OF CONTEMPT PETITION NAMELY C.P. NO.51 OF 2018 IN O.A NO.81 OF 2018.
EXHIBIT P7 (P1) TRUE COPY OF THE ORDER DATED 19.02.2018 IN O.A. NO.81 OF 2018 PASSED BY THE HON'BLE TRIBUNAL.
EXHIBIT P8 TRUE COPY OF AFFIDAVIT DT.15.8.2018 FILED IN C.P. NO.52 OF 2018 IN O.A. NO.81 OF 2018 EXHIBIT P8 (R3) A TRUE COPY OF THE LETTER DATED 14.03.2018 ADDRESSED TO THE PETITIONER BY THE CHIEF MEDICAL SUPERINTENDENT,PALAKKAD DIVISION. OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 23 EXHIBIT P8 (R4) A TRUE COPY OF THE LETTER DATED 23.03.2018 SUBMITTED BY THE PETITIONER TO THE CHIEF MEDICAL SUPERINTENDENT, PALAKKAD DIVISION. EXHIBIT P8 (R5) A TRUE COPY OF THE LETTER DATED 14.06.2018 ADDRESSED TO THE PETITIONER BY CHIEF MEDICAL SUPERINTENDENT, PALAKKAD DIVISION. EXHIBIT P8 (R6) A TRUE COPY OF THE LETTER DATED 20.05.2018 SUBMITTED BY THE PETITIONER TO THE CHIEF MEDICAL SUPERINTENDENT, PALAKKAD DIVISION. EXHIBIT P8 (R7) A TRUE COPY OF THE LETTER DATED 06.07.2018 ADDRESSED TO THE RESPONDENT BY CHIEF MEDICAL SUPERINTENDENT, PALAKKAD DIVISION. EXHIBIT P8 (R8) A TRUE COPY OF THE PHYSICAL FITNESS CERTIFICATE NO.612524 DATED 17.07.2018 ISSUED TO THE PETITIONER.
EXHIBIT P8 (R9) A TRUE COPY OF THE LETTER DATED 20.07.2018 ADDRESSED TO THE STATION MANAGER, PALAKKAD JUNCTION BY SENIOR DIVISIONAL OPERATIONS MANAGER, PALAKKAD DIVISION EXHIBIT P8 (R10) TRUE COPIES OF THE LETTERS DATED 20.07.2018 AND 21.007.2018 SUBMITTED BY THE PETITIONER TO SENIOR DIVISIONAL OPERATIONS MANAGER, PALAKKAD DIVISION.
EXHIBIT P8 (R11) A TRUE COPY OF THE LETTER DATED 31.07.2018 FROM SENIOR DIVISIONAL OPERATIONS MANAGER, PALAKKAD DIVISION TO THE RESPONDENT. EXHIBIT P8 (R12) A TRUE COPY OF THE LETTER DATED 31.07.2018 ADDRESSED TO THE PETITIONER BY THE RESPONDENT.
EXHIBIT P9 TRUE COPY OF ADDITIONAL STATEMENT DT.5.10.2018 FILED IN O.A. NO.81 OF 2018. EXHIBIT P10 TRUE CERTIFIED COPY OF ORDER OF THE HON'BLE TRIBUNAL DT.12.6.2019 IN O.A.NO.81 OF 2018 EXHIBIT P9 (R13) A TRUE COPY OF THE MEMORANDUM DATED 28.08.2018.
EXHIBIT P9 (R14) A TRUE COPY OF THE LETTER DATED 06.09.2018. EXHIBIT P9 (R15) A TRUE COPY OF THE LETTER DATED 11.09.2018. OP (CAT).Nos.11 OF 2020,19 of 2020 & 219 of 2019 24 EXHIBIT P9 (R16) A TRUE COPY OF LETTER DATED 10.08.2018. EXHIBIT P9 (R17) A TRUE COPY OF LEGAL NOTICE DATED 08.09.2018 ADDRESSED TO THE STATION SUPERINTENDENT, MAHE.
EXHIBIT P9 (R18) A TRUE COPY OF LEGAL NOTICE DATED 25.09.2018 ADDRESSED TO THE DIVISIONAL PERSONNEL OFFICER.
RESPONDENTS EXTS NIL cms /TRUE COPY/ P.S.TO JUDGE