Kerala High Court
Anilkumar S vs Sri K G Giriprasad on 19 July, 2019
Equivalent citations: AIRONLINE 2019 KER 226, (2019) 3 KER LT 541
Bench: V.Chitambaresh, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941
OP(KAT).No.46 of 2015
AGAINST THE ORDER DATED 4.12.2014 IN O.A.(EKM)NO. 409/2014 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/R3:
ANILKUMAR S, AGED 49 YEARS, S/O.K.SREEDHARAN NAIR,
WORKING AS JUNIOR SUPERINTENDENT, SUB TREASURY,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM,
RESIDING AT TC 11/772(1), DRA 68 A, MOSQUE LANE,
KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SMT.AMMU CHARLES
SMT.ASHA BABU
SMT.JINNU SARA GEORGE
SRI.C.DINESH
SRI.G.RENJITH
SRI.M.MANOJKUMAR (CHELAKKADAN)
SRI.S.M.PRASANTH
RESPONDENTS/APPLICANTS AND R1, R2 AND R4 TO R10 & PSC:
1 SRI K G GIRIPRASAD, AGED 55 YEARS, S/O.K.S.GOVINDAN,
SUPERINTENDENT, DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM, KERALA - 695 036.
2 SRI.JOHN WILSA RAJ S., JUNIOR SUPERINTENDENT,
SUB TREASURY
NEDUMANGAD, THIRUVANANTHAPURAM, KERALA - 695 541.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
2
3 SRI.SURESH KUMAR D., JUNIOR SUPERINTENDENT
DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM,
KERALA - 695 036.
4 SRI.A TAHIR, JUNIOR SUPERINTENDENT,
DIRECTORATE OF TREASURIES
THIRUVANANTHAPURAM, KERALA - 695 036.
5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, FINANCE (ESTABLISHMENT-C) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERLA - 695 001.
6 THE DIRECTOR OF TREASURIES,
DIRECTORATE OF TREASURIES, KRISHNA BUILDING
POWER HOUSE ROAD, THIRUVANANTHAPURAM,
KERALA - 695 036 (NOW AT KRISHNA BUILDING,
NEAR SWATHI THIRUNAL MUSIC COLLEGE, THYCAUD (P.O),
PIN - 695 014.
7 SRI.T.P.SOMANATHAN, S/O.E.NARAYANAN NAIR,
AGED 44 YEARS, JUNIOR SUPERINTENDENT,
KANNUR - 670 511, RESIDING AT EDAYILLAN HOUSE,
ONAKUNNU, KARIVELLUR, KANNUR - 670 521, KERALA.
8 SRI.N.R.GOVINDAN, S/O.NARAYANAN NAMBOODIRI,
AGED 44 YEARS
SELECTION GRADE ACCOUNTANT, SUB TREASURY,
PAZHAYANGADI, KANNUR - 670 633,
RESIDING AT RAMAKATT ILLAM P.O., MANDAR,
KANNUR DISTRICT - 670 501, KERALA.
9 SRI.AJAYAKUMAR M.S., AGED 41 YEARS,
S/O.MADHAVAN PIAALI, JUNIOR SUPERINTENDENT
KOOTTANAD SUB TREASURY,PALAKKAD - 679 533,
RESIDING AT KNR WOLF LINKS ROAD, KADAPPATHALA,
KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003, KERALA.
10 SRI.BAIJU J., AGED 41 YEARS,S/O.JAYACHANDRAN,
JUNIOR ACCOUNTANT, DISTRICT TREASURY,
THIRUVANANTHAPURAM - 695 001, RESIDING AT FLAT
NO.A4, KESTON TOWER, DEVASWOM BOARD, KOWDIAR P.O.,
THIRUVANANTHAPURAM - 695 001, KERALA.
11 SRI.BALASUBRAMANIAM T.P., AGED 50 YEARS
S/O.RADHAKRISHNAN NAIR M.
JUNIOR SUPERINTENDENT, SUB TREASURY, THIRUVANGADI,
MALAPPURAM - 676 306, KERALA.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
3
12 SRI.VIJAYAN V.P., AGED 49 YEARS, S/O.RAMAN NAIR
JUNIOR SUPERINTENDENT,SUB TREASURY, KOTTAKKAL,
MALAPPURAM DISTRICT - 676 503, KERALA.
13 SRI.P.D.SURESH BABU, AGED 51 YEARS S/O.POULOSE
JUNIOR SUPERINTENDENT IN TREASURY DEPARTMENT,
NOW ON OTHER DUTY AS ASSISTANT PRIVATE SECRETARY,
MINISTER FOR WELFARE OF SC AND BACKWARD CLASSES AND
TOURISM SECRETARIAT - 695 001, KERALA.
14 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM - 695 004.
15 GEORGEKUTTY P. JOHN, AGED 50 YEARS
S/O P.J.JOHN, PARAPURAKKAL, ELLUMPURAM P.O.,
IDUKKI - 685 587, JUNIOR SUPERINTENDENT, DISTRICT
TREASURY, IDUKKI, MULAMATTAM.
16 ANIAMMA JOHN,AGED 45 YEARS,W/O JOSEPH SAMUEL,
NARAKATHINKAL, MULAMATTAM P.O.-685 590,
SPECIAL GRADE ACCOUNTANT, DISTRICT TREASURY,
IDUKKI, MULAMATTAM.
(ADDITIONAL R15 & R16 ARE IMPLEADED AS PER ORDER
DT.8.6.2015 IN I.A.4387/15 IN O.P.(KAT)46/15)
BY ADVS.
SRI.ANOOP.V.NAIR
DR.K.P.SATHEESAN (SR.)
SRI.BENNY GERVACIS
SRI.P.C.SASIDHARAN, SC, KPSC
SRI.P.NANDAKUMAR
SRI.REMYA MURALI
SMT.K.MAJEEDA HAMEED
SMT.T.RESHMA
SRI.B.S.SWATHY KUMAR
SRI.K.SUDHINKUMAR
SRI.M.R.JAYAPRASAD
SRI.MUHAMMED IBRAHIM ABDUL SAMAD
SRI.N.MANU THAMPI
SRI.P.MOHANDAS (ERNAKULAM)
SRI.SABU PULLAN
SRI.S.K.ADHITHYAN
SRI.S.VIBHEESHANAN
SRI.VENKATESH GOPI
SRI.ANTONY MUKKATH, GOVT.PLEADER
OP(KAT) Nos.46,47,193,198 & 200 of 2015
4
THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 17.07.2019, ALONG WITH
OP(KAT).47/2015, OP(KAT).193/2015, OP(KAT).198/2015 &
OP(KAT).200/2015, THE COURT ON 19.07.2019 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.46,47,193,198 & 200 of 2015
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 19TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
OP(KAT).No.47 of 2015
AGAINST THE ORDER DATED 4.12.2014 IN O.A.(EKM).NO.409/2014 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 6 & 7 IN O.A:
1 AJAYAKUMAR M.S., AGED 41 YEARS,S/O.MADHAVAN PILLAI,
JUNIOR SUPERINTENDENT, KOOTTANAD SUB TREASURY,
PALAKKAD-679533,
RESIDING AT KNR WOLF LINKS ROAD, KADAPPATHALA,
KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
2 BAIJU.J., AGED 41 YEARS,S/O.JAYACHANDRAN,
JUNIOR ACCOUNTANT, DISTRICT TREASURY,
THIRUVANANTHAPURAM-695001,
RESIDING AT FLAT NO.A4, KESTON TOWER,
DEVASWOM BOARD, KOWDIAR P.O.,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.P.NANDAKUMAR
SRI.M.RAHUL
RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 5 & 8 TO 10 IN O.A.:
1 K G GIRIPRASAD
AGED 55 YEARS
S/O.K.S.GOVINDAN, SENIOR SUPERINTENDENT,
DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM-695036.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
6
2 JOHN WILSA RAJ S.,
JUNIOR SUPERINTENDENT, SUB TREASURY, NEDUMANGAD,
THIRUVANANTHAPURAM-695541.
3 SURESH KUMAR D.,
JUNIOR SUPERINTENDENT, DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM-695036.
4 A.THAHIR,
JUNIOR SUPERINTENDENT, DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM-695036.
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE(ESTABLISHMENT-C), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
6 THE DIRECTOR OF TREASURIES
DIRECTORATE OF TREASURIES, KRISHNA BUILDING,
POWER HOUSE ROAD, THIRUVANANTHAPURAM-695036.
7 ANILKUMAR S.,
JUNIOR SUPERINTENDENT, SUB TREASURY, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695033.
8 SRI.T.P.SOMANATHAN,S/O.E.NARAYANAN NAIR,
AGED 44 YEARS
JUNIOR SUPERINTENDENT, KANNUR-670511,
RESIDING AT EDAYILLIAN HOUSE, ONAKUNNU, KARIVELLUR,
KANNUR DISTRICT-670521.
9 SRI.N.R.GOVINDAN,S/O.NARAYANAN NAMBOODIRI,
AGED 44 YEARS
SELECTION GRADE ACCOUNTANT, SUB TREASURY,
PAZHAYANGADI, KANNUR-670633, RESIDING AT RAMAKATT
ILLAM P.O., MANDAR, KANNUR DISTRICT-670501.
10 BALASUBRAMANIAM T.P., AGED 50 YEARS
S/O.RADHAKRISHNAN NAIR M, JUNIOR SUPERINTENDENT,
SUB TREASURY, THIRUVANGADI, MALAPPURAM-676306.
11 VIJAYAN V.P.,AGED 49 YEARS, S/O.RAMAN NAIR,
JUNIOR SUPERINTENDENT, SUB TREASURY, KOTTAKKAL,
MALAPPURAM DISTRICT-676503.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
7
12 P.D.SURESH BABU, AGED 51 YEARS, S/O.POULOSE,
JUNIOR SUPERINTENDENT IN TREASURY DEPARTMENT NOW ON
OTHER DUTY AS ASSISTANT PRIVATE SECRETARY,
MINISTER FOR WELFARE OF SC AND BACKWARD CLASSES AND
TOURISM SECRETARIAT-695001.
BY ADVS.
SRI.ANOOP.V.NAIR
SRI. ANTONY MUKKATH, GOVERNMENT PLEADER
SRI.S.M.PRASANTH
DR.K.P.SATHEESAN (SR.)
SRI.M.R.JAYAPRASAD
SRI.N.MANU THAMPI
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 17.07.2019, ALONG WITH
OP(KAT).46/2015, OP(KAT).193/2015, OP(KAT).198/2015 &
OP(KAT).200/2015, THE COURT ON 19.07.2019 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.46,47,193,198 & 200 of 2015
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 19TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
OP(KAT).No.193 of 2015
AGAINST THE ORDER DATED 4.12.2014 IN O.A.(EKM)NO.409/2014 AND
CONNECTED CASES OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE (ESTABLISHMENT-C) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF TREASURIES
DIRECTORATE OF TREASURIES, KRISHNA BUILDING,
POWER HOUSE ROAD, THIRUVANANTHAPURAM-695036.
BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS AND RESPONDENT NOS.3 TO 10:
1 K.G.GIRIPRASAD
SENIOR SUPERINTENDENT, DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM-695036.
2 JOHN WILSA RAJ S.
JUNIOR SUPERINTENDENT, SUB TREASURY, NEDUMANGAD,
THIRUVANANTHAPURAM-695541.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
9
3 SURESH KUMAR D.
JUNIOR SUPERINTENDENT, DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM-695036.
4 A. THAHIR
JUNIOR SUPERINTENDENT, DIRECTORATE OF TREASURIES,
THIRUVANANTHAPURAM-695036.
5 ANILKUMAR S
JUNIOR SUPERINTENDENT, SUB TREASURY, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695033.
6 T.P.SOMANATHAN
JUNIOR SUPERINTENDENT, KANNUR-670521.
7 N.R.GOVINDAN
SELECTION GRADE ACCOUNTANT, SUB TREASURY,
PAZHAYANGADI KANNUR-670633.
8 AJAYAKUMAR M.S.
JUNIOR SUPERINTENDENT, KOOTTANAD SUB TREASURY,
PALAKKAD-679533.
9 BAIJU J.,
JUNIOR ACCOUNTANT, DISTRICT TREASURY,
THIRUVANANTHAPURAM-695001.
10 BALASUBRAMANIAM T.P.,
JUNIOR SUPERINTENDENT, SUB TREASURY, THIRUVANGADI,
MALAPPURAM-676306.
11 VIJAYAN V.P.
JUNION SUPERINTENDENT, SUB TREASURY, KOTTAKKAL,
MALAPPURAM -676503.
12 P.D.SURESH BABU, AGED 51 YEARS, S/O. POULOSE,
JUNIOR SUPERINTENDENT IN TREASURY DEPARTMENT,
NOW ON OTHER DUTY AS ASSISTANT PRIVATE SECRETARY,
MINISTER FOR WELFARE OF SC AND BACKWARD CLASSES AND
TOURISM SECRETARIAT-695001.
BY ADVS.
SRI.ANOOP.V.NAIR
SMT.R.S.ASWINI SANKAR
SRI.HARISANKAR N UNNI
DR.K.P.SATHEESAN (SR.)
SMT.LINTA VARGHESE
SMT.S.PARVATHI
SMT.T.RESHMA
OP(KAT) Nos.46,47,193,198 & 200 of 2015
10
SRI.ARUNBABY STEPHEN
SRI.B.S.SWATHY KUMAR
SRI.G.RENJITH
SRI.K.RAMAKUMAR (SR.)
SRI.K.SUDHINKUMAR
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.M.PRASANTH
THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 17.07.2019, ALONG WITH
OP(KAT).46/2015, OP(KAT).47/2015, OP(KAT).198/2015 &
OP(KAT).200/2015, THE COURT ON 19.07.2019 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.46,47,193,198 & 200 of 2015
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 19TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
OP(KAT).No.198 of 2015
AGAINST THE COMMON ORDER DATED 04-12-2014 IN O.A.
(EKM)NO.1575/2014 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
ANIL KUMAR S., AGED 49 YEARS
S/O.K.SREEDHARAN NAIR,
JUNIOR SUPERINTENDENT, SUB TREASURY,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
RESIDING AT T.C.11/772(1), D.R.A. 68-A,
MOSQUE LANE, KESAVADASAPURAM, PATTOM(P.O.),
THIRUVANANTHAPURAM.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENTS/RESPONDENTS:
1 GEORGEKUTTY P.JOHN
JUNIOR SUPERINTENDENT, DISTRICT TREASURY,
MOOLAMATTOM (P.O), IDUKKI-685 589.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
12
2 SABU K.R
JUNIOR SUPERINTENDENT, SUB TREASURY, MUNDAKAYAM,
KOTTAYAM DISTRICT-686 513.
3 JOSE T.P
JUNIOR SUPERINTENDENT, DISTRICT TREASURY,
PATHANAMTHITTA-689 645.
4 JAYAN S
SELECTION GRADE ACCOUNTANT, DISTRICT TREASURY,
KOTTARAKARA, PULLAMON (P.O.)-695 513.
5 ANI AMMA JOHN
SELECTION GRADE ACCOUNTANT, DISTRICT TREASURY,
MOOLAMATTOM (P.O.), IDUKKI-685 587.
6 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE(ESTABLISHMENT 'C' DEPARTMENT),
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
7 DIRECTOR
DIRECTORATE OF TREASURIES, TC 28/629,
NEAR SISUKSHEMA SAMITHI, THYCAUD(P.O.),
THIRUVANANTHAPURAM-695 014.
8 AJAYAKUMAR M.S
JUNIOR SUPERINTENDENT, KOOTTANAD SUB TREASURY,
PALAKKAD-679 533,
RESIDING AT KNRA-37, GOLF LINKS ROAD, KADAPATHALA,
KOWDIAR (P.O.),695 014, THIRUVANANTHAPURAM.
9 BIJU J
JUNIOR ACCOUNTANT, DISTRICT TREASURY,
THIRUVANANTHAPURAM-695 004,
RESIDING AT FLAT NO.44, KESTON TOWER,
DEVASWOM BOARD, KOWDIAR(P.O.), THIRUVANANTHAPURAM.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.ANOOP.V.NAIR
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.ANTONY MUKKATH, GOVERNMENT PLEADER
OP(KAT) Nos.46,47,193,198 & 200 of 2015
13
THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 17.07.2019, ALONG WITH
OP(KAT).46/2015, OP(KAT).47/2015, OP(KAT).193/2015 &
OP(KAT).200/2015, THE COURT ON 19.07.2019 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.46,47,193,198 & 200 of 2015
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 19TH DAY OF JULY 2019 / 26TH ASHADHA, 1941
OP(KAT).No.200 of 2015
AGAINST THE COMMON ORDER DATED 4.12.2014 IN O.A(EKM)NO. 604/2014
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER:
ANIL KUMAR S., AGED 49 YEARS
S/O. K.SREEDHARAN NAIR,
JUNIOR SUPERINTENDENT, SUB TREASURY,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
RESIDING AT T.C 11/772 (1), D.R.A 68-A,
MOSQUE LANE, KESAVADASAPURAM, PATTOM P.O.,
THIRUVANANTHAPURAM.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENTS/RESPONDENTS:
1 RAVI PISHARODY,AGED 51 YEARS,S/O. P.C.PISHARODY,
ASSISTANT TREASURY OFFICER, PALAKKAD,
RESIDING AT 1/264/MINISSHREE, KALPATHY POST,
PALAKKAD, KERALA - 678 003.
2 FRANCIS MATHEW, AGED 52 YEARS,S/O. MATHAI,
SUB TREASURY OFFICER, MEENACHIL, PALA, KOTTAYAM,
RESIDING AT MANCHAPPELLIL, EZHALOOR (P.O.),
THODUPUZHA, IDUKKI, KERALA - 691 003.
OP(KAT) Nos.46,47,193,198 & 200 of 2015
15
3 LIZIAMMA JOSHUA, AGED 50 YEARS, W/O. JOHN,
JUNIOR SUPERINTENDENT, DISTRICT TREASURY,
ERNAKULAM, RESIDING AT Q NO. 3/10, NGO QUARTER,
THENKKAKARI (P.O.), ERNAKULAM, KERALA - 682 030.
4 L.S.ASHOK KUMAR, AGED 52 YEARS
S/O. K.P.SREE VALSAN PILLAI, JUNIOR SUPERINTENDENT,
DISTRICT TREASURY, ERNAKULAM, RESIDING AT GEETHA
NIVAS, AMMUKKUDY, ERNAKULAM, KERALA - 682 023.
5 VEDAVATHY T.N, AGED 47 YEARS
SELECTION GRADE ACCOUNTANT, SUB TREASURY,
NAYARAMBALAM, ERNAKULAM, RESIDING AT THANDASSERY,
NEDUNGAD, NAYARAMBALAM, ERNAKULAM,
KERALA - 682 014.
6 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FINANCE (ESTABLISHMENT C DEPARTMENT), SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
7 DIRECTOR
DIRECTORATE, TC 28/629, NEAR SISUKSHEMA SAMITHI,
THYCAUD (P.O.), THIRUVANANTHAPURAM - 695 014.
8 NISHA K.S., AGED 39 YEARS, D/O. SEKHARAN K.N,
SENIOR ACCOUNTANT, ST KATTAPANA, IDUKKI,
RESIDING AT ARUN NIVAS, MYTHRI LANE,
CHILAVANOOR ROAD, KADAVANTHARA (P.O.),
COCHIN - 20, KERALA.
9 BEENA K.P., AGED 50 YEARS,W/O. MADHU T.N.,
JUNIOR SUPERINTENDENT, DISTRICT TREASURY,
MUVATTUPUZHA, RESIDING AT THRIKKEPPARAMBIL HOUSE,
CHERUVATTOOR (P.O.), KOTHAMANGALAM,
ERNAKULAM DISTRICT, KERALA - 682 045.
10 GOPINATHA KAIMAL T.N., S/O. RAMA KAIMAL,
SUB TREASURY OFFICER, SUB TREASURY, VALANCHERRY,
RESIDING AT KULAPPURA KOTTAYIL HOUSE,
VALAYANCHIRANGARA (P.O.),
PERUMBAVOOR DISTRICT ERNAKULAM, KERALA - 682 024.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.ANOOP.V.NAIR
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI. ANTONY MUKKATH, GOVERNMENT PLEADER
OP(KAT) Nos.46,47,193,198 & 200 of 2015
16
THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 17.07.2019, ALONG WITH
OP(KAT).46/2015, OP(KAT).47/2015, OP(KAT).193/2015 &
OP(KAT).198/2015, THE COURT ON 19.07.2019 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.46,47,193,198 & 200 of 2015
17
"CR"
Judgment
Chitambaresh, J.
'Better late than never' is a phrase which continues to be relevant. The seniority list fraught with illegality has to be revised. It needs to be done for the multiple reasons stated herein below.
2.The final state-wise seniority list of Junior Accountants in the Treasury Department was published by the Directorate of Treasuries on 5.2.1998 without a provisional seniority list or calling for objections. It is alleged that the final seniority list was so drawn up misconstruing the provisions of the Kerala Treasury Subordinate Service (Amendment) Rules, 1997 ('the Special Rules'). The final seniority list did not however reflect as to who among those included therein were the beneficiaries of inter- district transfer which would entail in loss of seniority. Repeated representations (during the period from 1998 to 2013) were filed objecting to the final seniority list and the Kerala Administrative Tribunal was moved lamenting inaction. The Tribunal directed an OP(KAT) Nos.46,47,193,198 & 200 of 2015 18 expeditious consideration of the representations and the Government eventually decided to revise the seniority list by G.O. (Rt)No.4930/14/Fin dated 23.6.2014.
3.The above order of the Government was challenged by those who enjoyed seniority notwithstanding the fact that they were beneficiaries of inter-district transfer by filing original applications before the Tribunal. The same were resisted by the petitioners herein relying on the provisions of the Kerala State & Subordinate Services Rules, 1958 ('the KS&SSR') and the Government Orders. The Tribunal has by the order impugned set aside G.O.(Rt)No.4930/14/Fin dated 23.6.2014 observing that the seniority cannot be upset applying the 'sit back' theory. The objectors contend that they were never put on notice earlier about the assigning of seniority to those who secured inter-district transfer and the 'sit back' theory is of no avail. The petitioners assert that the final state-wise seniority list has been drawn up without reference to the provisions of KS&SSR and the Special Rules warranting a revision as proposed.
4.We heard Mr K.Ramakumar, Senior Advocate, Mr P.Nandakumar, OP(KAT) Nos.46,47,193,198 & 200 of 2015 19 Advocate, Mr K. Rajesh Kannan, Advocate, Mr Antony Mukkath, Government Pleader for the petitioners and Mr P.C.Sasidharan, Standing Counsel, Kerala Public Service Commission for the supporting respondent as well as Mr K.P.Satheesan, Senior Advocate and Mr B.S.Swathy Kumar, Advocate for the contesting respondents.
5.We extract below the relevant part of the Government Orders pertaining to inter-unit and inter-district transfers and its impact on the seniority of the appointees in the various departments of the State:
"i. G.O.(Ms.)4/61/PD dated 2.1.1961.
(1) A person transferred to a new unit will take rank below the juniormost in the category in the new Unit or Department. He will not be allowed to count his previous service towards seniority. Such transfers should not be prejudicial to the legitimate interest of anyone in the department to which he is transferred.
But he may be allowed to count his previous service towards increment, leave, pension, gratuity, etc. He will not be required to undergo fresh probation, if he has already completed probation.
(ii) G.O.(Ms.)154/71/PD dated 27.5.1971. OP(KAT) Nos.46,47,193,198 & 200 of 2015 20 (D) xxxx xxxx xxx xxxx
(i) No transfers will be allowed from one District to another within a period of five years from the date of commencement of continuous service.
(ii) Such inter-district transfers will be allowed only after five years and subject to the conditions laid down in G.O.(Ms.)No.4/61/PD, dated 2.1.1961.
(iii) G.O.(Ms.)442/80/GAD dated 26.9.1980.
(i) No transfer will be allowed from one District to another within a period of five years from the date of commencement of continuous service;
(ii) Such inter-district transfers will be allowed only after five years and subject to the conditions laid down in G.O.(Ms.)4/61/PD, dated 2.1.1961.
(iii) Headquarters vacancies will be allotted to each District by rotation, starting with Trivandrum.
(iv) G.O.(P)36/91/P&ARD dated 2.12.1991.
5. Relaxation of the five year rule in very exceptional cases that need sympathetic consideration will require the approval of the Council of Ministers. Cases should not be proposed for relaxation in a routine manner. There should be clear justifying grounds supported by the report of the District Collector of the district to which transfer is sought for. Proposal for relaxation in such cases shall be routed through Chief Secretary.
6. Only 10% of the vacancies arising in the district in an year in a category in a department shall be filled up by inter-district transfer, including relaxation cases and cases of near relatives/dependents of soldiers. OP(KAT) Nos.46,47,193,198 & 200 of 2015 21
(v) G.O.(P)37/96/P&ARD dated 7.11.1996.
3. xxxx xxxx xxxx xxxx
(i) A district-wise recruit shall complete five years service in the district of recruitment as well as in the department where he is working so as to become eligible to get an inter-district transfer to another district.
(ii) Inter-district transfer of district-wise recruits will result in loss of seniority even in cases where state- wise seniority list is maintained for promotion." (emphasis supplied) An inter-district transfer will not be allowed within a period of five years from the date of commencement of continuous service except in exceptional cases with the approval of the Council of Ministers. An inter-district transfer of district-wise recruits will result in loss of seniority by becoming the junior most in the category even in cases where state-wise seniority list is maintained for promotion.
6.The Government Orders referred to above are strictly in accordance with the proviso to Rule 27(a) of Part II of KS&SSR and the relevant part in so far as it relates to inter- unit transfer is as follows:
OP(KAT) Nos.46,47,193,198 & 200 of 2015 22 "27. Seniority - (a) Seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade.
Explanation - xxxx xxxx xxxx xxxx Provided that the seniority of persons on mutual or inter-unit or inter-departmental transfer from one Unit to another within the same Department or from one Department to another, as the case may be, on request from such persons shall be determined with reference to the dates of their joining duty in the new Unit or Department........................" (emphasis supplied) That an inter-district or an inter-unit transfer will entail in loss of seniority in the transferred District or Unit has been reiterated in Sudhakaran v. State of Kerala [2006(2) KLT 817(SC)] as follows:
"16. The transferred LDCs next submitted that the intention of making a provision that a person on an 'own request' transfer will be ranked as the juniormost in the new district or new unit, is to ensure that the seniority of the existing employees in the category in the new unit or district is not affected by a senior person coming from outside by transfer. It is contended that where the promotion post is State-wise, the seniority of the existing employees in the district to OP(KAT) Nos.46,47,193,198 & 200 of 2015 23 which the outside employee is transferred, will not be affected and, therefore, where the promotion is to a state-wise post, proviso to Rule 27(a) which requires those who are transferred on 'own request', to give up their seniority, will not apply. We cannot agree. The alleged intention behind a provision, cannot be used to defeat the express words of the provision. Once a statutory rule is made, without providing any exceptions, it is not possible to carve out exceptions to such rule, by judicial interpretation. Nor can an exemption from application of a clear and specific rule be claimed on the ground of hardship or similar reasons. The proviso to Rule 27(a) of the Rules is categorical and applies to all employees transferred on own request. It does not make distinction between employees whose promotion post is a State-wise post and those where the promotion posts are district-wise posts." (emphasis supplied) The beneficiaries of the inter-district or inter-unit transfers cannot wriggle out of the rigour of the proviso to Rule 27(a) of KS&SSR by drawing a distinction between the state-wise and district-wise promotion posts. Sudhakaran's case (supra) has later been followed in Ramachandran N. and others v. S.Madhu and others [2012(2) KHC 51(FB)] relating to seniority of Excise Guards.
7.The amendment to the Special Rules which came into effect on OP(KAT) Nos.46,47,193,198 & 200 of 2015 24 12.12.1972 clarifies that the method of appointment to the post of Junior Accountant is by direct recruitment by introducing Rule 4B thereto. Rule 5 of the Special Rules is categoric that the District Treasury Officer of the concerned Revenue District shall be the appointing authority in respect of the post of Junior Accountant. It has been stated in Rule 3 of the Special Rules that the State shall be the Unit for the category of Junior Accountant which is obviously for the purpose of promotion only. An inter-district transfer does not cease to be so merely because a state-wise seniority list treating the State as a Unit is maintained for promotion to the post of Senior Accountant. That the Government has so understood Rule 3 of the Special Rules is evident from the various Government Orders particularly G.O.(P)37/96/ P&ARD dated 7.11.1996 (supra). It is not in dispute that recruitment to the post of Junior Accountant has been from the district-wise ranked list of the PSC and the appointment was by the District Treasury Officer. Even the notification of the PSC inviting applications to the post of Junior Accountant makes it abundantly clear that the appointment is subject to the Government Orders (supra). Added to this is the fact that the appointees who sought an inter-district transfer had submitted a declaration that they OP(KAT) Nos.46,47,193,198 & 200 of 2015 25 'agree to be ranked as junior to the junior most'. The Government Orders and the proviso to Rule 27(a) of KS&SSR were being followed in the preparation of seniority list of Junior Accountants till the amendment to the Special Rules. There is no rationale or justification on the part of those transferred inter-district to claim seniority from the date of the order of their first appointment to such category.
8.The seniority of Junior Accountants turned topsy-turvy when the final state-wise seniority list for the period from 1.11.1987 to 30.9.1995 was published on 5.2.1998 after the amendment to the Special Rules. The entire State was taken as one Unit presumably on the basis of Rule 3 of the Special Rules de hors the fact that appointment was from district-wise ranked list. It may at once be noticed that there is no question of any inter-district transfer if the State is to be treated as a Unit which exposes the fallacy of the contention of those transferred. The state-wise seniority list published also did not reflect that many of those included therein have been transferred from other districts in order to operate as notice to all. No provisional seniority was published after the amendment to the Special Rules facilitating OP(KAT) Nos.46,47,193,198 & 200 of 2015 26 the parties to prefer an objection before the final seniority list was published. The Government thought it fit to revise the seniority list by G.O.(Rt)No.4930/14/Fin dated 23.6.2014 after rectifying the mistakes on the basis of the representations received. The Government in so doing took note of the proviso to Rule 27(a) of KS&SSR and the dictum laid down in Sudhakaran's case (supra) as well as the remarks of the Law Department. But the Government Order has been set aside by the Tribunal on the premise that the State is the Unit and that the beneficiaries of inter-district transfer can call in aid 'sit back' theory.
9.It is true that 'every person ought to be entitled to sit back and consider that his appointment and promotion effected a long time ago would not be set aside after the lapse of a number of years'. The dictum as above in Rabindranath Bose and others v. Union of India [(1970) 1 SCC 84] has been followed in C.C.Gupta and others v. N.K.Pandey and others [(1988) 1 SCC 316]. The former case dealt with promotions effected 15 years ago and the latter case dealt with the seniority determined 17 years ago as on the date of filing of the writ petitions. The fact scenario in the instant case is different since the state-wise seniority list of Junior OP(KAT) Nos.46,47,193,198 & 200 of 2015 27 Accountants was published after the amended Special Rules for the first time on 5.2.1998. It was only in that seniority list were drastic changes effected pushing down many and pulling up those who were transferred unmindful of the inter-district transfer. Even that seniority list did not reflect as to who were the beneficiaries of the inter-district transfer in which case only can the same operate as public notice to all who are empanelled. An appointee can seek the benefit of 'sit back' theory only if he demonstrates that he has been enjoying his seniority without being questioned and with notice to his rival for long. The appointees who were the beneficiaries of the inter-district transfer are not entitled to sit back and enjoy their unmerited seniority in the absence of effective notice to rivals. The Government was well within its powers to issue G.O. (Rt)4930/14/Fin dated 23.6.2014 deciding to revise the seniority list of Junior Accountants in the Treasury Department. The steps taken in that regard by the Government cannot be faulted with and the Tribunal erred in setting aside the said order on all or any of the grounds urged by the applicants. The impugned order of the Tribunal is quashed restoring G.O.(Rt)4930/14/Fin dated 23.6.2014 leaving open the right of the Government to revise the OP(KAT) Nos.46,47,193,198 & 200 of 2015 28 seniority list as indicated above.
The original petitions are allowed. No costs.
Sd/-
V. CHITAMBARESH, JUDGE Sd/-
ASHOK MENON, JUDGE Sha/170719 OP(KAT) Nos.46,47,193,198 & 200 of 2015 29 APPENDIX OF OP(KAT) 46/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 10/05/1988.
EXHIBIT P2 TRUE COPY OF THE RANKED LIST PREPARED ON 05/02/1998.
EXHIBIT P3 TRUE COPY OF GOVT. ORDER DATED 02/01/1961.
EXHIBIT P4 TRUE COPY OF GOP NO.325/86/FIN DATED 20/04/1986.
EXHIBIT P5 TRUE COPY OF GOP NO.698/97/FIN DATED 18/08/1997.
EXHIBIT P6 TRUE COPY OF OBJECTION DATED 12/11/1998 SUBMITTED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 20/10/2004 SUBMITTED BY THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 11/10/2006 SUBMITTED BY THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 15/11/2007 SUBMITTED BY SEVERAL PERSONS.
EXHIBIT P10 TRUE COPY OF ORDER DATED 12/12/2013 IN O.A.NO.2616 OF 2013.
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 23/09/2013 RECEIVED BY THE PETITIONER.
EXHIBIT P12 TRUE COPY OF OA NO.409/2014 ALONG WITH ANNEXURES, INDEX:
EXHIBIT P13 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT GOVERNMENT.
EXHIBIT P14 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 04/10/2014 FILED BY THE PETITIONER (3RD RESPONDENT IN O.A.NO.409 OF 2014) EXHIBIT P15 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 4 & 5.
EXHIBIT P16 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 6 & 7.
OP(KAT) Nos.46,47,193,198 & 200 of 2015 30 EXHIBIT P17 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 8 TO 10.
EXHIBIT P18 TRUE COPY OF REJOINDER FILED BY THE APPLICANTS IN THE ORIGINAL APPLICATION.
EXHIBIT P19 TRUE COPY OF ORDER DATED 04/12/2014 IN OA (EKM) NO.409 OF 2014 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT P20 TRUE COPY OF ORDER NO.B7/10308/2013 DATED 18/01/2014 ISSUED BY THE DIRECTOR OF TREASURIES.
EXHIBIT P21 TRUE COPY OF ORDER NO.B3/102/2015 DATED 13.3.2015 ISSUED BY THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM.
EXHIBIT P22 TRUE COPY OF ORDER NO.6B/2013 DATED 29.1.2014 ISSUED BY THE DISTRICT TREASURY OFFICER, ALAPPUZHA.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE ORDER NO.30992/ESTTC1/15/FIN. DATED 16.4.2015 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT R1(B) TRUE COPY OF THE REVISED ORDER NO.B7/10308/2013 DATED 22-1-2014 ISSUED BY THE DIRECTOR OF TREASURIES.
EXHIBIT R1(C) TRUE COPY OF THE QUESTION ASKED UNDER RIGHT TO INFORMATION ACT DATED 12.5.2015.
EXHIBIT R1(D) TRUE COPY OF THE REPLY GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, TREASURY DIRECTORATE DATED 18.5.2015.
EXHIBIT R1(E) TRUE COPY OF THE LETTER WRITTEN BY THE ADDITIONAL CHIEF SECRETARY (FINANCE) TO THE DIRECTOR OF TREASURIES DATED 21.4.2015. EXHIBIT R1(F) TRUE COPY OF THE LETTER GIVEN BY THE ADDITIONAL CHIEF SECRETARY (FINANCE) TO THE DIRECTOR OF TREASURIES DATED 2.5.2015. EXHIBIT R1(G) TRUE COPY OF THE QUESTION ASKED UNDER RIGHT TO INFORMATION ACT DATED 12.9.2018.
OP(KAT) Nos.46,47,193,198 & 200 of 2015 31 EXHIBIT R1(H) TRUE COPY OF THE REPLY TO THE SAID QUESTION GIVEN UNDER RIGHT TO INFORMATION ACT DATED 11.10.2018.
EXHIBIT R1(I) TRUE COPY OF THE ORDER G.O.(RT) NO.
6364/2018/FIN DATED 26.07.2018.
EXHIBIT R1(J) TRUE COPY OF THE ORDER G.O.(RT) NO.10275/2018/FIN DATED 15.12.2018. EXHIBIT R1(K) TRUE COPY OF THE ORDER G.O. (RT) NO.
1722/2019/FIN DATED 08.03.2019.
OP(KAT) Nos.46,47,193,198 & 200 of 2015 32 APPENDIX OF OP(KAT) 47/2015 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF O.A.(EKM) NO.409/2014.
EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 4 AND 5.
EXHIBIT P5 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 6 AND 7.
EXHIBIT P6 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 8 TO 10.
EXHIBIT P7 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS.
EXHIBIT P8 TRUE COPY OF ORDER OF THE TRIBUNAL DATED 4.12.2014 IN O.A.(EKM) NO.409/2014.
RESPONDENTS' EXHIBITS: NIL OP(KAT) Nos.46,47,193,198 & 200 of 2015 33 APPENDIX OF OP(KAT) 193/2015 PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF OA(EKM)NO.409/2014.
EXHIBIT P2 A TRUE COPY OF DEPARTMENT LETTER NO.GC2/RTI/2010 DATED 9.3.2010.
EXHIBIT P3 A DETAILED REPLY STATEMENT IN THE O.A. FILED BY THE IST PETITIONER.
EXHIBIT P4 REPLY STATEMENT FILED BY RESPONDENTS 6 & 7.
EXHIBIT P5 A TRUE COPY OF THE ORDER OF THE TRIBUNAL DATED 4.12.2014 IN O.A.(EKM)NO.409/14.
RESPONDENTS' EXHIBITS: NIL OP(KAT) Nos.46,47,193,198 & 200 of 2015 34 APPENDIX OF OP(KAT) 198/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4.12.2014 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P1(A) TRUE COPY OF THE ORIGINAL APPLICATION IN O.A.NO.1575/2014 AND THE DOCUMENTS PRODUCED ALONG WITH O.A.NO.1575/2014.
EXHIBIT P1(B) TRUE COPY OF THE REPLY STATEMENT FILED BY 3RD RESPONDENT IN O.A.NO.1575/2014 AND DOCUMENTS PRODUCED ALONG WITH IT.
EXHIBIT P1(C) TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 8 TO 10 IN O.A.NO.409/2014 AND DOCUMENT PRODUCED ALONG WITH IT.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 23.6.2014 REVISING THE SENIORITY LIST OF THE JUNIOR ACCOUNTANTS IN THE DEPARTMENT OF TREASURIES.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE RULES DATED 12.12.1972.
EXHIBIT P4 TRUE COPY OF THE ADVICE MEMO DATED 21.8.93 ISSUED TO THE PETITIONER.
EXHIBIT P4(A) TRUE COPY OF THE APPOINTMENT ORDER DATED 21.8.1993 ISSUED BY KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE KERALA GAZETTE NO.40 DATED 14.10.1997.
EXHIBIT P6 TRUE COPY OF THE SENIORITY LIST OF JUNIOR ACCOUNTANTS DATED 5.2.1998.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 12.11.1998 GIVEN BY PETITIONER TO THE DIRECTOR OF TREASURIES.
EXHIBIT P7(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P7.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.91136/ESTT/G1/97/FIN DATED 5.6.1999 SENT OP(KAT) Nos.46,47,193,198 & 200 of 2015 35 BY 6TH RESPONDENT TO THE 7TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE G.O.(RT)NO.154/71/PD DATED 27.5.71.
EXHIBIT P10 TRUE COPY OF THE LETTER NO.B6/5963/98 DATED 27.7.1999 SENT BY 7TH RESPONDENT TO THE DISTRICT TREASURY OFFICER, ERNAKULAM. EXHIBIT P11 TRUE COPY OF THE PROVISIONAL SENIORITY LIST DATED 5.10.2004.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 20.10.2004 SENT BY PETITIONER TO THE DIRECTOR OF TREASURIES.
EXHIBIT P12(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P12. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 11.10.2006 SENT BY PETITIONER TO 7TH RESPONDENT.
EXHIBIT P13(A) TRUE ENGLISH TRANSLATION OF EXHIBIT P13. EXHIBIT P14 TRUE COPY OF THE JOINT REPRESENTATION DATED 15.11.2007 SUBMITTED BY PETITIONER AND OTHER AGGRIEVED PERSONS BEFORE THE 7TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER DATED 9.3.2014 OBTAINED FROM THE STATE PUBLIC INFORMATION OFFICER (DEPUTY DIRECTOR), TREASURY DIRECTORATE.
EXHIBIT P16 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF SELECTION GRADE ACCOUNTANTS IN THE TREASURY DEPARTMENT AS ON 1.10.2011 PUBLISHED BY 7TH RESPONDENT ON 15.12.2011. EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 10.01.2012 SENT BY PETITIONER TO THE DIRECTOR OF TREASURIES.
EXHIBIT P17(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P17.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SENT BY PETITIONER TO 7TH RESPONDENT DATED 7.1.2013.
EXHIBIT P18(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P18.
OP(KAT) Nos.46,47,193,198 & 200 of 2015 36 EXHIBIT P19 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 6TH RESPONDENT ON 26.8.2013 BY THE PETITIONER.
EXHIBIT P19(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P19.
EXHIBIT P20 TRUE COPY OF THE GAZETTE DATED 10.5.1988 ISSUED TO PETITIONER ON HIS APPLICATION. EXHIBIT P20(A) TRUE COPY OF THE COVERING LETTER ISSUED BY THE SUPERINTENDENT, CENTRAL ARCHIVES. EXHIBIT P21 TRUE COPY OF THE G.O.NO.653/1972 DATED 12.12.1972.
RESPONDENTS' EXHIBITS: NIL OP(KAT) Nos.46,47,193,198 & 200 of 2015 37 APPENDIX OF OP(KAT) 200/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DT. 4.12.2014 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P1(A) TRUE COPY OF THE ORIGINAL APPLICATION IN OA NO. 604/2014 AND THE DOCUMENTS PRODUCED ALONG WITH OA NO.604/2014.
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DT.
23.6.14 REVISING THE SENIORITY LIST OF THE JUNIOR ACCOUNTANTS IN THE DEPARTMENT OF TREASURIES.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE RULES DT. 12.12.72.
EXHIBIT P4 TRUE COPY OF THE ADVICE MEMO DT. 21.8.93 ISSUED TO THE PETITIONER.
EXHIBIT P4(A) TRUE COPY OF THE APPOINTMENT ORDER DT.
21.8.93 ISSUED BY KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE KERALA GAZETTE NO. 40 DT.
14.10.97.
EXHIBIT P6 TRUE COPY OF THE SENIORITY LIST OF JUNIOR ACCOUNTANTS DT. 5.2.98.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DT.
12.11.98 GIVEN BY PETITIONER TO THE DIRECTOR OF TREASURIES.
EXHIBIT P7(A) TRUE ENGLISH TRANSLATION OF EXT. P7.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.
91136/ESTT/G1/97/FIN DT. 05.6.99 SENT BY 6TH RESPONDENT TO THE 7TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE GO(RT) NO. 154/71/PD DT.
27.5.71.
EXHIBIT P10 TRUE COPY OF THE LETTER NO. B6/5963/98 DT.
27.7.99 SENT BY 7TH RESPONDENT TO THE DISTRICT TREASURY OFFICER, ERNAKULAM. EXHIBIT P11 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OP(KAT) Nos.46,47,193,198 & 200 of 2015 38 DT. 05.10.04.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DT.
20.10.04 SENT BY PETITIONER TO THE DIRECTOR OF TREASURIES.
EXHIBIT P12(A) TRUE ENGLISH TRANSLATION OF EXT. P12. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DT.
11.10.2006 SENT BY PETITIONER TO 7TH RESPONDENT.
EXHIBIT P13(A) TRUE ENGLISH TRANSLATION OF EXT. P13. EXHIBIT P14 TRUE COPY OF THE JOINT REPRESENTATION DT.
15.11.2007 SUBMITTED BY PETITIONER AND OTHER AGGRIEVED PERSONS BEFORE THE 7TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER DT. 09.3.2010 OBTAINED FROM THE STATE PUBLIC INFORMATION OFFICER (DEPUTY DIRECTOR), TREASURY DIRECTORATE.
EXHIBIT P16 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF SELECTION GRADE ACCOUNTANTS IN THE TREASURY DEPARTMENT AS ON 01.10.2011 PUBLISHED BY 7TH RESPONDENT ON 15.12.2011. EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DT.
10.1.2012 SENT BY PETITIONER TO THE DIRECTOR OF TREASURIES.
EXHIBIT P17(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P17.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SENT BY PETITIONER TO 7TH RESPONDENT DT. 7.1.2013. EXHIBIT P18(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P18.
EXHIBIT P19 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 6TH RESPONDENT ON 26.8.2013 BY THE PETITIONER.
EXHIBIT P19(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P19.
EXHIBIT P20 TRUE COPY OF THE REPLY STATEMENT FILED BY 3RD RESPONDENT IN OA NO. 1575/2014 AND DOCUMENTS PRODUCED ALONG WITH IT.
OP(KAT) Nos.46,47,193,198 & 200 of 2015 39 EXHIBIT P21 TRUE COPY OF THE GAZETTE DT. 10.5.1988 ISSUED TO PETITIONER ON HIS APPLICATION. EXHIBIT P21(A) TRUE COPY OF THE COVERING LETTER ISSUED BY THE SUPERINTENDENT, CENTRAL ARCHIVES.
RESPONDENTS' EXHIBITS: NIL