Hari M.K, S/O Late Karunakara Panicker vs State Of Kerala,Represented By The ... on 28 January, 2025

[Cites 9, Cited by 0]

Kerala High Court

Hari M.K, S/O Late Karunakara Panicker vs State Of Kerala,Represented By The ... on 28 January, 2025

In this batch of original petitions, the petitioners who formerly worked in the Water Resources Department as Seasonal Labour Roll (SLR) workers claim pensionary benefits, contending that they retired from their employment after decades of continuous service in the department and were denied equal treatment, as the Government has given pensionary benefits to similarly placed employees retired from the Fisheries Department.

2. They approached the Kerala Administrative Tribunal while they were continuing as SLR workers seeking directions to regularise their service, to permit them to continue up to the age of 60 years and to grant pensionary benefits. The Tribunal disposed of the applications by observing that it is open to the Government to consider their requests for treatment on OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 21 2025:KER:5401 par with similarly placed persons. The petitioners challenged the said order for the reason that the Tribunal ought to have granted the reliefs sought in view of the various declarations of law by the Apex court.

3. Heard the learned counsel appearing for the petitioners and the learned Senior Government Pleader. For ease of convenience, we take O.P.(KAT)No.380/2024 as the leading case.

4. The learned counsel appearing for the petitioners forcefully submitted that the Government cannot speak in two voices when it considers similarly placed SLR workers in two different departments. As the Government has already decided to provide retirement benefits to the SLR workers in the Fisheries Department, the same benefits should not be denied to the petitioners, who were also regularised as SLR workers in a different department, it is urged. The learned counsel further placed heavy reliance on Ext.P3 OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 22 2025:KER:5401 Cabinet decision dated 16/02/2011 wherein it was decided that HR/CLR/SLR workers in the Water Resources Department who have completed 500 days in service on 01/01/2011 as well as 10 years of service, shall be regularised as Worker Grade II with effect from 01/01/2011 by creating necessary posts and to permit them to continue up to 58 years without any entitlement for pension and the posts thereby created would be considered as vanished once those workers complete 58 years.

5. The learned counsel for the petitioners further submitted that by the decision rendered by the Honourable Apex Court in Rajkaran Singh v. Union of India [(2004) 8 SCR 516], the questions involved in these cases are squarely covered and the Government is bound to provide pension to the petitioners. Petitioners further placed reliance on the decisions in Lloyd Electric And Engineering Ltd v. State of Himachal Pradesh (AIR 2015 SC 494), Union of India v. OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 23 2025:KER:5401 International Trading Co. [(2003) 5 SCC 437], DS Nakara v. Union of India (AIR 1983 SC 130), S.Seshachalam & Ors. Etc. v. Chairman Bar Council of Tamil Nadu (AIR 2015 SC 816), The State of Jammu and Kashmir v. Triloki Nath Khosa and Ors. (1973 INSC 178), Dr.Subramanian Swamy v. Director, CBI & Anr. [(2014) 8 SCC 682], Delhi Transport Corporation v. D.T.C. Mazdoor Congress & Ors. (AIr 1991 SC 101), Vinod Kumar v. Union of India (2024 (2024 INSC 332) and Rajkaran Singh v. Union of India (2024 INSC 621).

6. The learned Senior Government Pleader vehemently refuted the said contentions. According to him, it is purely a policy decision of the Government that whom should be given a pension, after considering various circumstances. He further submitted that the petitioners were only Seasonal Workers who had been engaged only during a particular season and if this court directs the Government to give pensions to them, the Government will be compelled to treat tens of OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 24 2025:KER:5401 thousands of others who are similarly placed, which would certainly destabilise the exchequer. Learned Senior Government Pleader further submitted that Ext.P3 Cabinet decision will have no legal effect until a Government order is issued for implementing that decision.

7. The upshot of the contentions of the petitioners rests on 3 aspects; firstly, similarly placed SLR workers in the Fisheries Department were given pensionary benefits by the Government, secondly, by Ext.P3 Cabinet decision, the Government has already taken a policy decision to regularise all the SLR workers who have completed 10 years in service and 500 working days and thirdly, the law declared by the Apex Court in Rajkaran Singh vs Union of India (supra), the Government is bound to give pension to the petitioners.

8. In Rajkaran Singh's case (supra) certain employees who were appointed to manage the funds of the Special Frontier Force (SFF) which is a welfare OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 25 2025:KER:5401 initiative funded through personal contributions of the SFF troopers were denied pension on attaining the age of superannuation. They claimed pensionary benefits under the 6th Central Pay Commission. Their claim was rejected on the ground that they were not recruited under the regular rules and their pay was not made from the public fund. After discussing various decisions on the point, the Apex Court found that the appellants therein meet the characteristics of regular Government service and that they were appointed on a regular basis. The Apex Court made the following observations and concluded in favour of the appellants therein, based on the decision of the Apex Court in Vinod Kumar and others v. Union of India [((2024) (1) SCR 1230]:

29. Indisputably, the appellants have served SFF HQ Estt. No. 22 for over three decades. While the duration of service alone may not be determinative, it is a significant factor when considered in conjunction with the other aspects of their employment. Such long-term service suggests a level of permanence and integration into the governmental structure that belies their OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 26 2025:KER:5401 classification as temporary employees. The appellants performed duties similar to those of regular employees in the Accounts Section of SFF HQ Estt. No. 22. This similarity in job functions further blurs the line between the appellants' status and that of regular government employees, suggesting that the distinction may be more formal than substantive. The extension of significant elements from the 4th and 5th CPC to the appellants further cements their plea of being employed in governmental functions.

30. Learned ASG appearing for the respondents has argued that the recruitment, selection, and promotion processes for SSD Fund employees did not follow the procedures used for regular employees and that the appellants were not subjected to probation or given confirmation letters as permanent employees. However, this Court finds such argument to be untenable as it fails to account for the substantive nature of the appellants' employment over an extended period running into three decades. In this regard, reference may be made to the judgment of this Court in the case of Vinod Kumar v. Union of India, wherein this Court noted;

"5. Having heard the arguments of both the sides, this Court believes that the essence of employment and the rights thereof cannot be merely determined by the initial terms of appointment when the actual course of employment has evolved significantly over time. The continuous service of the appellants in the OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 27 2025:KER:5401 capacities of regular employees, performing duties indistinguishable from those in permanent posts, and their selection through a process that mirrors that of regular recruitment, constitute a substantive departure from the temporary and scheme-specific nature of their initial engagement. Moreover, the appellants' promotion process was conducted and overseen by a Departmental Promotional Committee and their sustained service for more than 25 years without any indication of the temporary nature of their roles being reaffirmed or the duration of such temporary engagement being specified, merits a reconsideration of their employment status.

6. The application of the judgment in Uma Devi (supra) by the High Court does not fit squarely with the facts at hand, given the specific circumstances under which the appellants were employed and have continued their service. The reliance on procedural formalities at the outset cannot be used to perpetually deny substantive rights that have accrued over a considerable period through continuous service. Their promotion was based on a specific notification for vacancies and a subsequent circular, followed by a selection process involving written tests and interviews, which distinguishes their case from the appointments through back door entry as discussed in the case of Uma Devi (supra).

7. The judgment in the case Uma Devi (supra) also distinguished between "irregular" and "illegal" appointments underscoring the importance of considering certain appointments even if were not made strictly in accordance with the prescribed Rules and Procedure, cannot be said to have been made illegally if they had followed the procedures of regular appointments such as conduct of written examinations or interviews as in the present case. Paragraph 53 of the Uma Devi (supra) case is reproduced hereunder:

"53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa [(1967) 1 OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 28 2025:KER:5401 SCR 128], R.N. Nanjundappa [(1972) 1 SCC 409] and B.N. Nagarajan [(1979) 4 SCC 507] and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularise as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularisation, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme."

8. In light of the reasons recorded above, this Court finds merit in the appellants' arguments and holds that their service conditions, as evolved over time, warrant a reclassification from temporary to regular status. The failure to recognize the substantive nature of their roles and their continuous service akin to permanent employees runs counter to the principles of equity, fairness, and the intent behind employment regulations."

(emphasis supplied) OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 29 2025:KER:5401

31. As held in Vinod Kumar (supra), "the essence of employment and the rights thereof cannot be merely determined by the initial terms of appointment when the actual course of employment has evolved significantly over time.

32. This Court fully associates with this principle and finds it wholly applicable in the present case, especially in light of the administrative orders and Board proceedings referred to supra that have consistently treated the appellants as equivalent to regular government employees. The mere classification of employees as 'temporary' or 'permanent' is not merely a matter of nomenclature but carries significant legal implications, particularly in terms of service benefits and protections.

33. In the present case, the totality of circumstances indicates that despite their formal classification as temporary employees, the appellants' employment bears substantial hallmarks of regular government service. The denial of pensionary benefits solely on the basis of their temporary status, without due consideration of these factors, appears to be an oversimplification of their employment relationship with the government. This approach runs the risk of creating a class of employees who, despite serving the government for decades in a manner indistinguishable from regular employees, are deprived of the benefits and protections typically accorded to government servants.

OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 30 2025:KER:5401

34. Thus, we are of the opinion that the denial of pensionary benefits to the appellants is not tenable or justifiable in the eyes of law as the same is arbitrary and violates the fundamental rights as guaranteed by Articles 14 and 16 of the Constitution of India. It is indeed relevant to note that the appellants' batch seems to be the last in their genre of SSD Fund temporary employees and thus, manifestly, the direction to extend the benefits of the 6th CPC and the RP Rules to the appellants shall not form a precedent so as to have a detrimental effect on the financial health of the SSD Fund."

9. The observation in Vinod Kumar's case (supra) assumes some relevance in the present context. The Honourable Supreme Court observed that the essence of employment and rights thereof cannot be merely determined by the initial terms of appointment when the actual course of employment has evolved significantly over time and the continuous service of the appellants as regular employees performing duties indistinguishable from those in permanent posts and their selection through a process that mirrors that of regular recruitment constitute a substantive departure OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 31 2025:KER:5401 from the temporary and scheme-specific nature of their initial engagement. The court also noted that the reliance on procedure formalities at the outset cannot be used to perpetually deny the substantive rights that have accrued over a considerable period through continuous service and ultimately the court found that the service condition of the appellants, as evolved over time warrant reclassification of their service from temporary to regular status, as the failure to recognise the substantive nature of their roles and their continuous service akin to permanent employees run counter to the principles of equity and fairness.

10. After going through the records before us, we are of the view that a comparison of the actual nature of the job of the petitioners in juxtaposition to a regular employee of the Water Resources department cannot be made by this Court for arriving at a conclusion as indicated by the Apex Court, especially when the data available before us in the form of OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 32 2025:KER:5401 pleadings are very limited. Such an exercise has to be done by the Government while keeping in mind the decision taken by it, if any, in the case of similarly placed SLR workers in the Fisheries department as well as the Cabinet decision cited by the petitioners. While making that exercise, the petitioners shall also be afforded an opportunity of hearing. The Government has to take a decision in this regard within three months from today.

The Original Petitions are disposed of accordingly.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

P. KRISHNA KUMAR JUDGE sv OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 33 2025:KER:5401 APPENDIX OF OP(KAT) 380/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE G.O.(MS) NO. 21/2001/IRD DATED 28.03.2001 ALONG WITH TYPED COPY Annexure A2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE TRIBUNAL IN O.A. 863/2022 AND CONNECTED CASES DATED 09.02.2023. Exhibit P1 TRUE COPY OF THE MEMORANDUM OF OA 470/2023 Exhibit P1(a) TRUE COPY OF THE G.O. (P) NO. 23/2006/F& PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P2 TRUE COPY ORDER DATED 31.03.2023 IN OA 470/2023 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P3 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 Exhibit P4 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P5 TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P6 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P7 TRUE COPY OF THE GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P8 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P8(a) TRUE COPY OF THE FINAL ORDER DATED 14.08.2024 IN OA 1076/2024 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 34 2025:KER:5401 Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 35 2025:KER:5401 APPENDIX OF OP(KAT) 405/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE G.O(MS) NO. 6/2013/WRD DATED 16.01.2013 AND THE RELEVANT PORTION OF THE LIST OF ELIGIBLE HR/CLR WORKERS APPENDED TO IT.

Annexure A2 TRUE COPY OF THE G.O(RT) NO. 971/2016/WRD DATED 14.12.2016 Annexure A3 TRUE COPY OF THE REPRESENTATION DATED 02.12.2021 SUBMITTED BY THE APPLICANTS BEFORE THE 1ST RESPONDENT.

Annexure A4 TRUE COPY OF THE G.O(MS) NO. 21/2001/IRD DATED 28.03.2001 Annexure A5 TRUE COPY OF THE G.O(MS) NO. 812/14/H.EDN DATED 25.09.2014 Annexure A6 TRUE COPY OF THE G.O(RT) NO.

2466/2018/H&FWD DATED 02.08.2018 Annexure A7 TRUE COPY OF THE ORDER DATED 28.09.2021 IN OA NO. 1375/2021 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL MA For Joint TRUE COPY OF THE MA NO. 2475/2021 together application MA for Correction TRUE COPY OF THE MA NO. 2536/2021 Annexure R1(a) CERTIFIED COPY OF THE G.O(MS) NO.

21/2001/IRD DATED 28.03.2001 ALONG WITH TYPED COPY Annexure R1(b) CERTIFIED COPY OF THE G.O(RT) NO.809/2018/WRD DATED 12/11/2018 OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 36 2025:KER:5401 Annexure R1(c) CERTIFIED COPY OF THE G.O(MS) NO. 37/14/WRD DATED 02/05/2014 Exhibit P1 CERTIFIED COPY OF THE MEMORANDUM OF OA 2358/2021 ALONG WITH ANNEXURES Exhibit P2 CERTIFIED COPY OF THE MEMORANDUM FILED BY THE GOVERNMENT PLEADER REGARDING ADOPTION OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN OA 935/2021 AS REPLY STATEMENT OF THE 1ST RESPONDENT Exhibit P3 CERTIFIED COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT Exhibit P4 CERTIFIED COPY OF THE REPLY FILED BY THE 5TH RESPONDENT IN THE OA Exhibit P5 TRUE COPY OF THE G.O. (P) NO. 23/2006/F&PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 09.02.2023 IN OA 2358/2021 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P6(a) TRUE COPY OF THE ORDER DATED 12.10.2023 IN CP 78/2023 IN OA 2358/2021 Exhibit P6(b) TRUE COPY OF THE FINAL ORDER DATED 21.11.2023 IN CP 78/2023 IN OA 2358/2021 Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 ALONG WITH TYPED COPY Exhibit P8 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P8(a) TRUE COPY OF THE FINAL ORDER DATED 15.07.2024 IN OA(EKM) 923/2024 Exhibit P9 TRUE COPY OF THE GO (P) NO. 68/2023/FIN OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 37 2025:KER:5401 DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 38 2025:KER:5401 APPENDIX OF OP(KAT) 399/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE G.O(MS) NO.

6/2013/WRD DATED 16.01.2013 AND THE RELEVANT PORTION OF THE LIST OF ELIGIBLE HR/CLR WORKERS APPENDED TO IT.

Annexure A2 CERTIFIED COPY OF THE REPRESENTATION DATED 07.01.2022 SUBMITTED BY THE APPLICANTS BEFORE THE 1ST RESPONDENT Annexure A3 CERTIFIED COPY OF THE G.O(MS) NO.21/2001/IRD DATED 28.03.2001 Annexure A4 CERTIFIED COPY OF THE G.O(MS) NO.

812/14/H.EDN DATED 25.09.2014 Annexure A5 CERTIFIED COPY OF THE G.O(RT) NO.

2466/2018/H&FWD DATED 02.08.2018 Annexure A6 CERTIFIED COPY OF THE ORDER DATED 28.09.2021 IN OA 1375/2021 OF THIS HON'BLE TRIBUNAL MA No. 182/2022 for CERTIFIED COPY OF MA NO. 182/2022 FOR JOINT joint together TOGETHER Annexure R4(a) CERTIFIED COPY OF THE G.O(RT) NO.

760/2019/WRD DATED 25.10.2019 OF WATER RESOURCES(A) DEPARTMENT Annexure R1(a) CERTIFIED COPY OF THE G.O(MS) NO.

21/2001/IRD DATED 28.03.2001ALONG WITH TYPED COPY Annexure R1(b) CERTIFIED COPY OF THE G.O(RT) NO.809/2018/WRD DATED 12/11/2018 Annexure R1(c) CERTIFIED COPY OF THE G.O(MS) NO. 37/14/WRD DATED 02/05/2014 OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 39 2025:KER:5401 Exhibit P5 TRUE COPY OF THE G.O. (P) NO. 23/2006/F& PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 09.02.2023 IN OA 138 OF 2022 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 ALONG WITH TYPED COPY Exhibit P8 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit 8(a) TRUE COPY OF THE FINAL ORDER DATED 15.07.2024 IN OA(EKM) 923/2024 Exhibit P9 TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P12(a) TRUE COPY OF THE FINAL ORDER DATED 14.08.2024 IN OA 1076/2024 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 40 2025:KER:5401 APPENDIX OF OP(KAT) 395/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE REPRESENTATION DATED 17.05.2021 FILED BY THE 1ST APPLICANT ON BEHALF OF ALL THE APPLICANTS, BEFORE THE 1ST RESPONDENT ALONG WITH TYPED COPY Annexure A2 TRUE COPY OF THE G,.O. (MS) NO. 21/2001/IRD DATED 28.03.2001 ALONG WITH TYPED COPY Annexure A3 THE TYPES COPY OF G.O. (RT) NO. 2466/2018/H AND FWD DATED 02.08.2018.

MA JOINT APPLICATION MA FOR JOINT APPLICATION FILED BY APPLICANTS IN THE OA Annexure R3(a) TRUE COPY OF G.O(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P1 TRUE COPY OF THE MEMORANDUM AMENDED OA 978/2021 MEMORANDUM Exhibit P2 TRUE COPY OF THE MA 248/2022 IN OA 978/2021 FILED BY APPLICANTS FOR AMENDMENT Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN THE OA Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT IN THE OA Exhibit P5 TRUE COPY OF THE G.O. (P) NO. 23/2006/F& PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 09.02.2023 IN OA 978/2021 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 ALONG WITH TYPED COPY OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 41 2025:KER:5401 Exhibit P8 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P8(a) TRUE COPY OF THE FINAL ORDER DATED 15.07.2024 IN OA(EKM) 923/2024 Exhibit P9 TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P12(a) TRUE COPY OF THE FINAL ORDER DATED 14.08.2024 IN OA 1076/2024 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 42 2025:KER:5401 APPENDIX OF OP(KAT) 398/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE G.O(MS) NO. 6/2013/WRD DATED 16.01.2013 AND THE RELEVANT PORTION OF THE LIST OF ELIGIBLE HR/CLR WORKERS APPENDED TO IT.

Annexure A2 TRUE COPY OF THE REPRESENTATION DATED 20.10.2022 SUBMITTED BY THE APPLICANTS BEFORE THE 1ST RESPONDENT.

Annexure A3 TRUE COPY OF THE G.O(MS) NO. 21/2001/IRD DATED 28.03.2001 ALONG WITH TYPED COPY Annexure A4 TRUE COPY OF THE G.O(MS) NO. 812/14/H.EDN DATED 25.09.2014 Annexure A5 TRUE COPY OF THE G.O(RT) NO.

2466/2018/H&FWD DATED 02.08.2018 Annexure A6 TRUE COPY OF THE ORDER DATED 25.01.2022 IN OA NO. 138/2022 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL MA Joint Together TRUE COPY OF THE MA NO. 2212 OF 2022 FOR JOINT TOGETHER Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE OA NO.

1930 OF 2022 ALONG WITH ANNEXURES Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE G.O. (P) NO. 23/2006/F&PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P5 TRUE COPY OF THE FINAL ORDER DATED OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 43 2025:KER:5401 09.02.2023 IN OA 863/2022 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 23.03.2023 IN OA NO. 1930/2022 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 ALONG WITH TYPED COPY Exhibit P8 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P8(a) TRUE COPY OF THE FINAL ORDER DATED 15.07.2024 IN OA(EKM) 923/2024 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P9 TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 44 2025:KER:5401 APPENDIX OF OP(KAT) 429/2024 PETITIONER'S ANNEXURES Annexure A1 CERTIFIED COPY OF THE G.O.(MS)NO.6/2013/WRD DATED 16.01.2013 AND THE RELEVANT PORTION OF THE LIST OF ELIGIBLE HR/CLR WORKERS APPENDED TO IT .

Annexure A2 TRUE COPY OF THE G.O.(RT)NO.1141/2014/WRD DATED 04.12.2014.

Annexure A3 CERTIFIED COPY OF THE G.O(RT)NO.971/2016/WRD DATED 14.12.2016. Annexure A4 CERTIFIED COPY OF THE REPRESENTATION DATED 21.03.2022 SUBMITTED BY THE APPLICANTS BEFORE THE 1ST RESPONDENT.

Annexure A5 CERTIFIED COPY OF THE G.O(MS)NO.21/2001/IRD DATED 28.03.2001.

Annexure A6 CERTIFIED COPY OF THE G.O. (MS)NO.812/14/H.EDN. DATED 25.09.2014 Annexure A7 CERTIFIED COPY OF THE G.O. (RT)NO.2466/2018/H&FWD DATED 02.08.2018 Annexure A8 CERTIFIED COPY OF THE ORDER DATED 25.01.2022 IN O.A.NO.138/2022 OF THIS HON'BLE TRIBUNAL.

MA for Joint CERTIFIED COPY OF THE MA 641 OF 2022 IN OA Application 500/2022 FOR JOINT APPLICATION Annexure R1(a) CERTIFIED COPY OF THE G.O(MS) NO.

21/2001/IRD DATED 28.03.2001 Annexure R1(b) CERTIFIED COPY OF THE G.O(RT) NO.809/2018/WRD DATED 12/11/2018 Annexure R1(c) CERTIFIED COPY OF THE G.O(MS) NO. 37/14/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 45 2025:KER:5401 DATED 02/05/2014 Exhibit P4 TRUE COPY OF THE G.O. (P) NO. 23/2006/F&PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P5 TRUE COPY FINAL ORDER DATED 09.02.2023 IN OA 500/2022 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P6 TRUE COPY OF THE ORDER DATED 21.11.2023 IN CP 75/2023 IN OA 500/2022 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 Exhibit P8 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P8(a) TRUE COPY OF THE FINAL ORDER DATED 15.07.2024 IN OA(EKM) 923/2024 WITHOUT APPENDIX ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P9 TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 46 2025:KER:5401 APPENDIX OF OP(KAT) 480/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE G.O. (MS) NO. 6/2013/WRD DATED 16.01.2013 AND THE RELEVANT PORTION OF THE LIST OF ELIGIBLE HR/CLR WORKERS APPENDED TO IT Annexure A1(a) TRUE COPY OF THE G.O.(MS)NO.37/2017/WRD DATED 02.06.2017.

Annexure A2 TRUE COPY OF THE SERVICE CERTIFICATE ISSUED TO THE 3RD APPLICANT BY THE ASSISTANT EXECUTIVE ENGINEER, DREDGER SUB DIVISION, IRRIGATION, ALAPPUZHA DATED 04.09.2012. Annexure A3 TRUE COPY OF THE ORDER DATED 23.06.2021 OF THIS HONOURABLE TRIBUNAL IN O.A. (EKM) NO. 1028/2018 Annexure A4 TRUE COPY OF THE ORDER DATED 05.04.2022 OF THIS HONOURABLE TRIBUNAL IN O.A. NO. 1438/2018.

Annexure A5 TRUE COPY OF THE G.O. (RT) NO. 760/2019/WRD DATED 25.10.2019 OF 1ST RESPONDENT. Annexure A6 TRUE TYPED COPY OF THE G.O. (RT) NO.

2466/2018/H & FWD DATED 02.08.2018. Annexure A7 TRUE COPY OF THE G.O. (MS) NO. 21/2001/IRD DATED 28.03.2001.

Annexure A8 TRUE COPY OF THE G.O. (MS) NO. 30/2013/WRD DATED 05.04.2013 OF 1ST RESPONDENT Annexure A9 TRUE COPY OF THE G.O. (MS) NO.

812/14/H.EDN. DATED 25.09.2014. Annexure A10 TRUE COPY OF THE ORDER DATED 15.12.2021 IN O.A. NO. 2358/2021 OF THIS HONOURABLE OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 47 2025:KER:5401 TRIBUNAL MA for Joining MA NO.951 OF 2022 FILED FOR JOINT together APPLICATION Exhibit P1 TRUE COPY OF THE MEMORANDUM OF OA 863/2022 Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE MEMORANDUM FILED BY THE GOVERNMENT PLEADER REGARDING ADOPTION OF THE REPLY STATEMENT FILED BY THE FIRST RESPONDENT IN OA 935/2021 AS REPLY STATEMENT OF THE FIRST RESPONDENT IN THE ABOVE MENTIONED OA.

Exhibit P5 TRUE COPY OF THE G.O. (P) NO. 23/2006/F& PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 09.02.2023 IN OA 863/2022 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL. Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 Exhibit P8 TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P9 TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 48 2025:KER:5401 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 49 2025:KER:5401 APPENDIX OF OP(KAT) 381/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE G.O(MS) NO. 6/2013/WRD DATED 16.01.2013 AND THE RELEVANT PORTIONS OF THE LIST OF ELIGIBLE HR/CLR WORKERS APPENDED TO IT Annexure A2 TRUE COPY OF THE REPRESENTATION DATED 24.09.2014 SUBMITTED BY THE KERALA IRRIGATION EMPLOYEES UNION [KTUC(M)], IN WHICH THE APPLICANTS ARE MEMBERS, BEFORE THE HON'BLE MINISTER FOR FINANCE. Annexure A3 TRUE COPY OF THE ORDER DATED 23.06.2021 OF THIS HON'BLE TRIBUNAL IN O.A (EKM)NO.1028/2018.

Annexure A4 TRUE COPY OF THE G.O.RT)N0.760/2019/WRD DATED 25.10.2019 Annexure A5 TRUE TYPED COPY OF THE G.O. (RT)NO.2466/2018/H&FWD DATED 02.08.2018. Annexure A6 TRUE COPY OF THE G.O(MS)NO. 21/2001/IRD DATED 28.03.2001 Annexure A7 TRUE COPY OF THE G.O.(MS)NO.30/2013/WRD DATED 05.04.2013 Annexure A8 TRUE COPY OF THE G.O.(MS) NO.812/14/H.EDN.

DATED 25.09.2014 Annexure A9 TRUE COPY OF DATED 28.09.2021 IN O.A.NO.

1375/2021 OF THIS HON'BLE TRIBUNAL MA 2538/2021 MA FOR PERMISSION TO JOIN THE APPLICANTS TOGETHER AND TO FILE SINGLE APPLICATION OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 50 2025:KER:5401 Annexure R3(a) TRUE COPY OF GO(MS) NO. 81/13/PWD DATED 03.10.2013 Annexure A10 TRUE COPY OF G.O. (P) NO. 23/2006/F& PD DATED 21.08.2006 ALONG WITH TYPED COPY Exhibit P1 TRUE COPY OF THE MEMORANDUM OF OA 2413/2021 Exhibit P2 TRUE COPY OF THE REPLY FILED BY THE 3RD, 5TH, AND 6TH RESPONDENTS Exhibit P3 TRUE COPY OF MA 1019/2021, FILED BY THE APPLICANTS IN OA NO. 2413/2021 Exhibit P4 TRUE COPY OF ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT Exhibit P4(a) TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS TO THE REPLY STATEMENT Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 09.02.2023 IN OA 2413/2021 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P7 TRUE COPY OF THE CABINET DECISION DATED 16.02.2011 Exhibit P8 A TRUE COPY OF THE GO(RT) NO. 308/2023/WRD DATED 24.03.2023 Exhibit P8(a) TRUE COPY OF THE FINAL ORDER DATED 15.07.2024 IN OA(EKM) 1923/2024 Exhibit P9 A TRUE COPY OF THE GO (P) NO. 68/2023/FIN DATED 03.07.2023 Exhibit P10 TRUE COPY OF THE GO (RT) 937/2023/F&P DATED 27.11.2023 OP(KAT) Nos.381/2024, 380/2024, 405/2024, 399/2024, 395/2024, 398/2024, 429/2024, 480/2024 51 2025:KER:5401 Exhibit P11 TRUE COPY OF GO(RT)527/2023/F&P DATED 30.06.2023 Exhibit P12 TRUE COPY OF THE GO(MS) 45/2014/WRD DATED 09.06.2014 Exhibit P12(a) TRUE COPY OF THE FINAL ORDER DATED 14.08.2024 IN OA 1076/2024 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE FILE NO. A2/95/2019/WRD

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