Kerala High Court
Subash K.V vs State Of Kerala on 6 January, 2020
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
WP(C).No.8398 OF 2016(Y)
PETITIONER/S:
1 SUBASH K.V.
AGED 37 YEARS, S/O.K.V.VISWANATHAN, (CODUCTOR, KSRTC,
PERUMBAVOOR) RESIDING AT KALLARAYIL HOUSE,
VALAYANCHIRANGARA PO, 683 556, PERUMBAVOOR, ERNAKULAM
DIST.
2 BABU P.R.
AGED 45 YEARS, S/O.P.K.RAJAN (CODUCTOR, KSRTC,
PERUMBAVOOR) RESIDING AT POTTACKAL PARAMBU,
KANJIRAKKAD, RAYONPURAM P.O. 683 543, PERUMBAVOOR,
ERNAKULAM DIST.
3 JOJY JOSEPH
AGED 50 YEARS, S/O.JOSEPH, (CODUCTOR, KSRTC,
THAMARASSERY DEPOT) AND RESIDING AT VETTUKATTIL
HOUSE, KOODARANJI P.O. 673 604, KOZHIKODE DIST.
4 SIJO MATHAI
AGED 35 YEARS, S/O.M.K.MATHAI, (CODUCTOR, KSRTC,
PERUMBAVOOR) MALIKUDY HOUSE, IRINGOLE P.O,
PERUMBAVOOR 683 548, ERNAKULAM DIST.
5 MUHAMMED HUSSAI M.K.
S/O.MUHAMMED KOYA M.A.,(CODUCTOR, KSRTC, ERNAKULAM)
RESIDING AT H.NO.13/1044, MUTHALIYAR BHAGAM,
KARUVELIPADY P.O. 682 005, KOCHI, ERNAKULAM DIST.
6 REJI T.K.
AGED 42 YEARS, S/O.T.V.KURIAKOSE, (CODUCTOR, KSRTC,
PERUMBAVOOR) RESIDING AT THANTHALAKKATTU HOUSE,
KODANAD P.O, 683 544, PERUMBAVOOR, ERNAKULAM DIST.
7 DILEEP KUMAR M.P.
AGED 36 YEARS, S/O.PRABHAKARAN PILLAI, (CODUCTOR,
KSRTC, ERNAKULAM), RESIDING AT MULLAY PARAMBIL HOUSE,
AROOR P.O. 688 534, AALAPPUZHA DIST.
8 SIDHEEQ M.M.
AGED 38 YEARS, S/O.M.P.MOOSA, (CODUCTOR, KSRTC,
ERNAKULAM) RESIDING AT MOOLAYIL HOUSE, VAZHAKKALA,
KAKKANAD P.O. 682 030, ERNAKULAM DIST.
WP(C).No.8398/2016 & conn.cases 2
9 V.M. YOOSAF
AGED 45 YEARS, S/O.V.M.MEERAN, (CODUCTOR, KSRTC,
KOTHAMANGALAM) RESIDING AT VEMBILLIL HOUSE,
NELLIMATTAM P.O, KOTHAMANGALAM, ERNAKULAM DIST.
10 GOPAKUMAR K.H.
AGED 36 YEARS, S/O.HARIHARAN NAIR N. (CODUCTOR,
KSRTC, PERUMBAVOOR)RESIDING AT HARINILAYAM HOUSE,
RAYONPURAM P.O. 683 543, PERUMBAVOOR,ERNAKULAM DIST
11 SUNIL KUMAR K.
AGED 40, S/O.CHOYI K. (CODUCTOR, KSRTC, KOZHIKODE
DEPOT) AND RESIDING AT KARIKKINARY HOUSE, CHOOLUR
PO. 673 601, NIT KOZHIKODE.
12 PRAJOSH P.T.
AGED 37 YEARS, S/O.VENU T., (CODUCTOR, KSRTC,
KALPATTA DEPOT) AND RESIDING AT ARUVAYALKUNI HOUSE,
PERUVATTOOR P.O. 678 620, KOYILANDY VIA
KOZHIKODE DIST.
13 ABDUL KARIM M.C.
AGED 40 YEARS, S/O.MOHAMMED, (CODUCTOR, KSRTC,
SULTHAN BATHERY DEPOT)AND RESIDING AT MELA CHITTADY
HOUSE, KANNIPARAMBA P.O. 673 661, MAVOOR VIA.
KOZHIKODE DIST.
14 VIKRAMAN KUTTAPPAN
AGED 52 YEARS, S/O.KUTTAPPAN, (CODUCTOR, KSRTC,
SULTHAN BATHERY DEPOT) AND RESIDING AT
PEEDIKAPARABIL HOUSE, VALAVAYAL P.O. 673 596,
MUNNAANAKUZHI, WAYANAD DIST.
15 BINOY P.B.
AGED 39 YEARS, S/O.N.D.BABY (CODUCTOR, KSRTC,
VAIKOM) RESIDING AT NAMBUKKATTIL HOUSE, KONATTU
ROAD N.GATE, VAIKOM -686 141, KOTTAYAM DIST.
16 ANOOB O.P.
S/O.S.A.PARAMESWARAN, (CODUCTOR, KSRTC, ERNAKULAM)
RESIDING AT OLIPARAMBIL HOUSE, PACHALAM P.O. 682012
KOCHI.
17 SHIBU K.G.
AGED 37 YEARS, S/O.K.R.GOPALAN, (CODUCTOR, KSRTC,
ERNAKULAM) RESIDING AT KATTANGANEZHATH HOUSE,
23/1030, PALLURUTHY P.O. 682 006, KOCHI, ERNAKULAM
DIST.
18 THOMAS K.M.
WP(C).No.8398/2016 & conn.cases 3
AGED 44 YEARS, S/O.MICHAEL, (CODUCTOR, KSRTC,
THOTTILPALAM DEPOT) AND RESIDING AT
KAVILPURAYIDATHIL, CHEMPANODA P.O. 673528,
KOZHIKODE DIST.
19 GOPINATHAN C.
AGED 41 YEARS, S/O.VELLAN, (CODUCTOR, KSRTC,
THOTTILPALAM DEPOT) AND RESIDING AT KAKKUDUMBIL
HOUSE, CHERUKKAD P.O, ATHIODY VIA., KOZHIKODE DIST.
20 K. PRADEEP KUMAR
AGED 39 YEARS, S/O.M.SASIDHARAN, (CODUCTOR, KSRTC,
TRISSUR DEPOT)AND RESIDING AT KARUTHEDATH HOUSE,
EDAMUTTAM P.O. 680 568, TRISSUR DIST.
21 JOBY JOSEPH
AGED 39 YEARS, S/O.JOSEPH U.D, (CONDUCTOR, KSRTC,
ERNAKULAM) RESIDING AT UZHUNNUMKATTIL
HOUSE,MANJUMMEL P.O. 683 501, ERNAKULAM DIST.
BY ADVS.
SRI.T.P.PRADEEP
SRI.K.JAJU BABU (SR.)
SRI.P.K.SATHEESH KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
TRANSPORT(A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM - 695 001.
R2 BY SHRI.T.P SAJAN, SC, KERALA STATE ROAD
TRANSPORT CORPORATION - KSRTC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2020, ALONG WITH WP(C).11704/2016(K), WP(C).23772/2016(V),
WP(C).32755/2016(T), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.8398/2016 & conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
WP(C).No.11704 OF 2016
PETITIONER/S:
1 SANTHOSH KUMAR C.K.
S/O.ACHUTHAN C.K.,AGED 39
YEARS,CONDUCTOR,KSRTC,SULTHAN BATHERI RESIDING AT
CHOOROLI KUNIYIL,KOTHAMANGALAM,KOYILANDI
P.O.,KOZHIKODE DIST.
2 SUDEVAN M.
S/O.SUKESHAN,AGED 39 YEARS
CONDUCTOR,KSRTC,SULTHANBATHERI RESIDING AT MAVADI
HOUSE,KARADIPPARA P.O.,THALOOR,WAYANAD DIST.
3 SAJITH K.G.
S/O.GOVINDAN,AGED 46 YEARS,
CONDUCTOR,KSRTC,THIRUVAMBADI,RESIDING AT
KARALATTUKUNNUMMEL HOUSE,THIRUVAMBADI
P.O.,KOZHIKODE DIST-673 603
4 BALACHANDRAN C.K.
S/O.KUNJERUKKAN,AGED 50 YEARS,
CONDUCTOR,KSRTC,THIRUVAMBADI DEPOT,RESIDING AT
CHALLUVAYALIL,THAMBALAMANNA
P.O.,THIRUVAMBADI,KOZHIKODE-673 603
5 HYDER C.
S/O.MUHAMMED KUTTY,AGED 43YEARS,
CONDUCTOR,KSRTC,THIRUVAMBADI DEPOT,RESIDING AT
CHONATTU HOUSE,KARASSERY P.O.,MUKKAM (VIA)
673 602,KOZHIKODE DIST.
6 SATHIYAN K.K.
S/O.KUNHIRAMAN ADIYODI,AGED 43
YEARS,CONDUCTOR,KSRTC, THOTTILPALAM DEPOT,RESIDING
AT CHERILLATH MEETHAL HOUSE,PERAMBRA P.O.,KOZHIKODE
DIST-673 525
7 SATHIAN P.K.
S/O.KUNHIRAMAN,AGED 45 YEARS
CONDUCTOR,KSRTC,THOTTIPALAM DEPOT,RESIDING AT
WP(C).No.8398/2016 & conn.cases 5
PULCHALAKANDI MEETHAL HOUSE,KOOTHALI,PERAMBRA
P.O.,KOZHIKODE DIST-673 525
8 MATHEW K.S.
S/O.THOMAS,AGED 45 YEARS,CONDUCTOR,KSRTC,
MANANTHAVADI DEPOT,RESIDING AT KUNNATH
HOUSE,ANAKKAMPOIL POST,THIRUVAMBADI VIA
673 603,KOZHIKODE DIST.
9 PRAVEEN KUMAR P.
S/O.KUNHIRAMAN,AGED 54 YEARS,CONDUCTOR,KSRTC,
THAMARASSERY DEPOT AND RESIDING AT PUTHALATH
HOUSE,ULLIYERI P.O.,KOYILANDY,KOZHIKODE DIST.
10 ASHOK KUMAR C.K.
S/O.K.C.APPUKUTTY,AGED 43 YEARS,CONDUCTOR,KSRTC,
THAMARASSERY DEPOT AND RESIDING AT DHANYA,VELIMANNA
P.O.,THAMARASSERY,KOZHIKODE DIST.
11 HAMEED K.
S/O.KUNHAYIN,AGED 42 YEARS,
CONDUCTOR,KSRTC,THAMARASSERY DEPOT AND RESIDING AT
KUNNUMMAL HOUSE,CHENGOTTU
KAVU,EDAKULAM,KOYILANDI,KOZHIKODE DIST.
12 JAYAESH B.S.
S/O.BALAN T.K.,AGED 39 YEARS,CONDUCTOR,KSRTC,
THAMARASSERY DEPOT AND RESIDING AT CHITTARIPOIL
HOUSE,KARUMALA P.O.,BALUSSERRY,KOZHIKODE DIST.
13 BALARAMAN P.
S/O.KUNHIKRISHNAN NAIR,AGED 53 YEARS
CONDUCTOR,KSRTC,THOTTIPPALAM UNIT RESIDING AT
PUTHIYADETHUKANDY,KAVIL P.O.,NADUVANNOOR
VIA,KOZHIKODE DIST.673 614
14 BALACHANDRAN C.K.
S/O.UKKAPPAN NAIR,AGED 50 YEARS,CONDUCTOR,KSRTC,
THOTTILPPALAM UNIT,RESIDING AT
CHETTIYANKANDY,ORAVIL P.O.,NADUVANNOOR
VIA,KOZHIKODE DIST-673 614
BY ADVS.
SRI.T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
TRANSPORT (A) DEPARTMENT,GOVERNMENT
WP(C).No.8398/2016 & conn.cases 6
SECRETARIAT,THIRUVANANTHAPURAM-695 001
2 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN,FORT,THIRUVANANTHAPURAM-695001.
R2 BY SHRI.T.P SAJAN, SC, KERALA STATE ROAD
TRANSPORT CORPORATION - KSRTC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2020, ALONG WITH WP(C).23772/2016(V), WP(C).32755/2016(T),
WP(C).8398/2016(Y), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.8398/2016 & conn.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
WP(C).No.23772 OF 2016
PETITIONER/S:
1 N.M.ARUN
S/O.KRISHNAN NAIR,CONDUCTOR, KSRTC, SULTHAN BATHERY
DEPOT,RESIDING AT NACHOLIMEETHAL
HOUSE,CHEVAYOOR.P.O., KOZHIKODE-673 017.
2 SUDHEESH K.T
S/O.SWAMIDASAN, CONDUCTOR, KSRTC, MANANTHAVADI
DEPOT,RESIDING AT THAZHAMANATTU
VEEDU,GURUVAYOORAPPAN COLLEGE.P.O., KOZHIKODE-14.
3 GOPALAKRISHNAN M.K
S/O.M.KELAPPAN,CONDUCTOR, KSRTC, SULTHANBETHERY
DEPOT,RESIDING AT MANIKKUNI HOUSE,
KARIYAMBADI.P.O.,MEENANGADI VIA, WAYANAD
DISTRICT.673 591.
4 SURESH BABU K
S/O.UNNERIKUTTY,CONDUCTOR, KSRTC,
KOZHIKODE,RESIDING AT KALATHINGAL
VEEDU,POOVATTUPARAMBU.P.O., KOZHIKODE DISTRICT.
5 SURENDRAN K.M
S/O.ARUMA, CONDUCTOR, KSRTC, THOTTILPALAM
DEPOT,RESIDING AT KILIVAALANKANDIMEETHAL
HOUSE,NOCHAD.P.O., NADUVANNUR VIA
KOZHIKODE-673 624.
BY ADVS.
SRI.T.P.PRADEEP
SRI.K.JAJU BABU (SR.)
SRI.P.K.SATHEES KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,TRANSPORT(A)DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
WP(C).No.8398/2016 & conn.cases 8
2 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,TRANSPORT
BHAVAN, FORT,THIRUVANANTHAPURAM-695 001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2020, ALONG WITH WP(C).11704/2016(K), WP(C).32755/2016(T),
WP(C).8398/2016(Y), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.8398/2016 & conn.cases 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
WP(C).No.32755 OF 2016
PETITIONER/S:
1 MADHUSOODANAN K.
S/O.NARAYANAN, CONDUCTOR, KSRTC, PAYYANNOOR DEPOT,
RESIDING AT KEENERI HOUSE,PERALAM, KOZHUMMAL PO,
KANNUR DIST. 670522
2 RENEESH BABU T.K
S/O.GOVINDAN, CONDUCTOR, KSRTC, THALASSERY DEPOT,
RESIDING AT THAZHEMADATHIL KUNIYAL,REEM NIVAS,
ANIYARAM PO,670672, CHOKLI VIA, KANNUR DISTRICT
3 CYRIL MATHEW
S/O.MATHAI, CONDUCTOR, KSRTC, KANNUR DEPOT,
RESIDING AT PAMPARAYIL HOUSE,CHANDANAKAMPARA PO
670633, PAYYAVOOR VIA,KANNUR DIST.
4 SASIDHARAN V P
S/O.MADHAVAN C., CONDUCTOR, KSRTC, THALASSERY
DEPOT, RESIDING AT VALIYA PARAMBATH
HOUSE,MOOZHIKKARA PO 670103, THALASSERY,KANNUR
DIST.
5 PRAKASAHAN.V
S/O.GOVINDAN, CONDUCTOR, KSRTC, KANNUR DEPOT,
RESIDING AT VACHALINTAVIDA HOUSE,KOORARA PO 670694,
THALASSERY,KANNUR DIST.
6 UTHAMAN CP
S/O.GOVINDAN, CONDUCTOR, KSRTC, KANNUR DEPOT,
RESIDING AT CHENNIPARAMBATH HOUSE,CHERUPUZHA PO.
670511, PANDIKADAVE, KANNUR DIST.
7 RAJANKUTTY T.N.
S/O.NARAYANAN, CONDUCTOR, KSRTC, KANNUR DEPOT,
RESIDING AT THARAPPIL HOUSE,PAYAM EAST PO. 670704,
CHEENGAKUNDAM,KANNUR DIST.
8 MANOJ KUMAR N.F
S/O.FRANCIS, CONDUCTOR, KSRTC, KANNUR DEPOT,
WP(C).No.8398/2016 & conn.cases 10
RESIDING AT NEDUMPALLIL HOUSE,MAVAKADAVU PO.
670571, ALAKODE VIA,KANNUR DIST.
9 HASHIM P.P
S/O.MOIDU A, CONDUCTOR, KSRTC, THALASSERY DEPOT,
RESIDING AT BAITHUNNOOR,KALLILTHAZHA KUNIYIL,
MUTHUVADATHOOR PO, 673503, PURAMERI,KOZHIKODE DIST.
10 T.K. PAVITHRAN
S/O.PADMANABHAN.K, CONDUCTOR, KSRTC, KANNUR DEPOT,
RESIDING AT SREEDEEPAM, THALAMUNDA,KOODALI
P.O.670592, KANNUR DIST.
11 GEORGE JOSEPH
S/O.JOSEPH, CONDUCTOR, KSRTC, RESIDING AT
KOLLARICKAL HOUSE,KOSAVANVAYAL P.O.670593, KANNUR
DIST.
12 VISHNU MEKKATTILLAM
CONDUCTOR, KSRTC, PAYYANNOOR DEPOT, RESIDING AT
MEKKATTILLA HOUSE, NIDAVAPPURAM,KARIVELLOOR PO,
670521, KANNUR DIST.
13 M.SETHUMADAHVAN
CONDUCTOR, KSRTC, PAYYANNOOR DEPOT, RESIDING AT
MATHUKKADA HOUSE, KODAKKAT PO. 671310,KASARGOD
DIST.
14 A.V. SURENDRAN
CONDUCTOR, KSRTC, KANNUR DEPOT, RESIDING AT MEPAT
HOUSE, EDATTUMMAL,TRIKARIPUR PO. 671310
15 CHANDRAN KANNAMKULAM
CONDUCTOR, KSRTC, PAYYANNOOR DEPOT, RESIDING AT
CHERUVATHUR PO. 671313,KASARGOD DIST.
16 MURALI M.V
S/O.APPU, CONDUCTOR, KSRTC, KASARGOD DEPOT,
RESIDING AT NEDUMBA, VALIYAPOIL PO.
671313,CHERUVATHUR VIA, KASARGOD DIST.
17 RATHNAKARAN.A
S/O.N.KELU NAIR, CONDUCTOR, KSRTC, KANHANGAD DEPOT,
RESIDING AT KANATHIL HOUSE,HARIPURAM PO. 671531,
ANANDESHRAM VIA,KASARGOD DIST.
18 CHANDRAN.P
S/O.M.KRISHNAN NAIR, CONDUCTOR, KSRTC, KANHANGAD
DEPOT, RESIDING AT PERINGATH HOUSE,KAMBALLUR PO.
670511, KASARGOD DIST.
WP(C).No.8398/2016 & conn.cases 11
19 ANEESH KUMAR P
S/O.K.AMBADI MASTER, CONDUCTOR, KSRTC, KASARGOD
DEPOT, RESIDING AT GOKULAM,MAYYICHA, CHERUVATHOOR
PO.670313,KASARGOD DIST.
20 CHANDRASEKHARAN NAMBIAR.V.
S/O.M.KUMARAN NAIR, CONDUCTOR, KSRTC, KASARGOD
DEPOT, RESIDING AT NELLITHAVE HOUSE,KUTTIKOL PO.,
CHENGALA VIA, KASARGOD DIST.
BY ADVS.
SRI.T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,TRANSPORT (A) DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695001
2 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM-695001
SRI.T.P.SAJAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2020, ALONG WITH WP(C).11704/2016(K), WP(C).23772/2016(V),
WP(C).8398/2016(Y), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.8398/2016 & conn.cases 12
JUDGMENT
[ WP(C).8398/2016, WP(C).11704/2016, WP(C).23772/2016, WP(C).32755/2016 ] As these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C)No.8398/2016. It is to be noted, however, that the factual aspects as regard the manner of regular appointment of the petitioners in the other writ petitions is slightly different from the manner of appointment of the petitioners in W.P. (C)No.8398/2016.
3. The petitioners in all these writ petitions are persons who were included in the rank list dated 18.09.2001 that was prepared by the Public Service Commission (PSC) for the post of 'Reserve Conductors' in the Kerala State Road Transport Corporation (KSRTC). The rank list remained valid till 31.12.2004 and while the respondent Corporation had notified vacancies to the post of Reserve Conductors during the said period, on account of the financial constraints experienced by the respondent Corporation, there was no advice effected by the PSC to the vacancies reported by the Corporation. It would appear, however, that the petitioners herein were appointed as Reserve Conductors on daily wage basis through Ext.P1 series of appointment orders, taking note of their placement in the rank list that was prepared by the PSC. The petitioners were subsequently advised through the PSC in 2007 and 2008 as evident by Ext.P2 series of advises and they were appointed on regular basis by Ext.P3 series of appointment orders. In the case of the petitioners in the other writ petitions (W.P.(C)Nos.11704/2016, 23772/2016 and 32755/2016), the regular appointment was not pursuant to any advice through the PSC but consequent to a regularisation order dated 22.12.2011 WP(C).No.8398/2016 & conn.cases 13 passed by the Government, which is produced as Ext.P11 in the said writ petitions. In the writ petitions, the petitioners essentially contend that, although they were regularly appointed through the appointment orders aforementioned, their regular appointment should take effect from the date on which they were engaged on daily wage basis pursuant to Ext.P1 series of appointment orders. They base their contentions on Ext.P5 judgment of a Division Bench of this Court in W.A.No.1631/2007 where, after referring to the vacancies that were reported by the respondent Corporation to the post of Reserve Conductors during the time when the rank list dated 18.09.2001 was valid, the Division Bench observed that at least 2212 vacancies should have been filled from the list as those vacancies arose before the expiry of the rank list on 31.12.2004. It was then noticed that although more than 5000 vacancies were still existing, there was no list that was valid at the relevant point of time and it was likely that some more time would elapse before finalisation of a fresh rank list. Taking note of the fact that out of the 2212 vacancies reported, only 869 were advised pursuant to the interim orders passed by the writ court, it was felt that the PSC had to immediately advise another 1343 candidates from the rank list which expired on 31.12.2004, and for accommodating whom vacancies already existed. Taking cue from the said observations of the Division Bench, it is the contention of the learned senior counsel, Sri.Jaiju Babu appearing on behalf of the petitioners in W.P. (C)No.8398/2016, that since the petitioners in the said writ petition were persons who were appointed on daily wage basis taking note of their position in the rank list prepared on 18.09.2001, which remained valid till 31.12.2004, the mere fact that they were subsequently advised through PSC only in 2007 and 2008 ought not to be held against them in their claim for regular appointment with effect from the date of original appointment on daily wage basis. It is pointed out that their entitlement to regular appointment stems from their position in the rank list WP(C).No.8398/2016 & conn.cases 14 prepared by the PSC and the mere delay in their actual advice by the PSC could not take away their entitlement for appointment from the date of their initial engagement on daily wage basis. In the writ petition they challenge Ext.P14 order dated 11.11.2015 that was passed by the respondent Corporation rejecting their request for according retrospectivity to their regular appointment with effect from the date of their engagement on daily wage basis.
4. In the case of the petitioners in W.P.(C)Nos.11704/2016, 23772/2016 and 32755/2016, while they too were employed on daily wage basis, taking note of their position in the rank list dated 18.09.2001, their regularisation in service was through a Government Order dated 22.12.2011 and not pursuant to any belated advice by the PSC. In the said writ petitions, the petitioners impugn Ext.P10 order of the respondent Corporation whereby a similar claim for treating their regularisation as retrospective from the date of their initial engagement on daily wage basis was rejected by the respondent Corporation.
5. Counter affidavits have been filed on behalf of the 3 rd respondent in all these writ petitions, wherein the stand taken by the respondent is essentially that in terms of Rule 27(c) of Part-II KSR, the seniority of a person appointed to a class, category or grade in a service on the advice of the commission shall be determined by the date of the first effective advice made for his appointment to such class, category or grade, and the inter se seniority between persons appointed have to be determined based on the order in which their names were arranged in the advice list. It is the stand of the respondent, therefore, that in as much as the petitioners in W.P.(C)No.8398/2016 were advised by the PSC, although belatedly, in 2007 and 2008, their regular service could be reckoned only from the date of advice through PSC, and not from the prior date of their WP(C).No.8398/2016 & conn.cases 15 engagement on daily wage basis. With regard to the petitioners in the other writ petitions, it is the stand of the respondent Corporation that the appointment of the petitioners on regular basis was only with effect from the date of Ext.P11 Government Order, and in as much as the petitioners in those writ petitions were not regularly advised by the PSC despite having been included in the rank list prepared by the PSC, and the Government retained the power to fix conditions for regularisation of the service of the said petitioners, they could not now turn round and question the conditions incorporated in Ext.P11 Government Order which they had accepted for the purposes of claiming regular employment with the respondent Corporation.
6. I have heard Sri.Jaiju Babu, the learned senior counsel for the petitioner duly assisted by Sri.T.P.Pradeep in W.P.(C)No.8398/2016 Sri.T.P.Pradeep learned counsel for the petitioners in the other writ petitions, and Sri.T.P.Sajan, learned standing counsel for the respondent Corporation.
7. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find force in the contentions of the learned senior counsel with regard to the claim of the petitioners in W.P.(C)No.8398/2016 that, based on the findings of the Division Bench of this Court in Ext.P5 judgment, the petitioners therein ought to have been appointed pursuant to an advice by the PSC to those vacancies that arose before expiry of the rank list on 31.12.2004. It is not in dispute in that case that the petitioners, who were included in the rank list, were actually engaged on daily wage basis pursuant to Ext.P1 series of appointment orders issued to them. Thereafter, they were in fact advised through the PSC in 2007/2008 as evident from Ext.P2 series of advices and appointed on regular basis through Ext.P3 series of appointment orders. In as much as the WP(C).No.8398/2016 & conn.cases 16 finding of the Division Bench in Ext.P5 judgment is that the said petitioners had to be appointed to those vacancies that arose before the expiry of the rank list on 31.12.2004, and they were infact appointed, albeit on daily wage basis, through Ext.P1 series of appointment orders, the mere fact that the advice by the PSC was subsequently done in 2007/2008 cannot, in my view, act to the detriment of the petitioners in the said writ petition. I am of the view that through the advice effected by the PSC in 2007/2008, the appointment of the petitioners as 'Conductors' through Ext.P1 series appointment orders was only regularised and they ought to be treated as having been appointed on regular basis with effect from the date of Ext.P1 series of appointment orders.
8. In the case of the petitioners in the other writ petitions (W.P. (C)Nos.11704/2016, 23772/2016 and 32755/2016), however, the same result will not follow. This is because, unlike the case of the petitioners in W.P. (C)No.8398/2016, the petitioners in these writ petitions, although included in the same rank list as the petitioners in W.P.(C)No.8398/2016, were not subsequently advised by the PSC for regular appointment. The said petitioners, did not choose to challenge the inaction of the PSC before this Court in appropriate proceedings, but chose instead to approach the Government for regularisation of their appointment. The Government considered their case, and through Ext.P11 Government Orders produced in those writ petitions, regularised their service as 'Reserve Conductors', subject to the condition that the regularisation would take effect only from the date of the regularisation order, and not from the prior date of their initial engagement on daily wage basis. In my view, in as much as the petitioners did not have the benefit of the regular advice through the PSC, they have to adhere to the conditions stipulated by the Government in Ext.P11 Government Order, which they accepted for the purposes of claiming a regular WP(C).No.8398/2016 & conn.cases 17 appointment as Reserve Conductors. After having accepted the terms of the Government Order, they can not turn around and contend that the regularisation ought to have been with retrospective effect from the date of initial engagement on daily wage basis. Thus, the challenge in those writ petitions to Exts.P10 and P11 orders cannot be legally sustained. The said writ petitions (W.P. (C)Nos.11704/2016, 23772/2016 and 32755/2016) are, therefore, dismissed.
Resultantly, W.P.(C)No.8398/2016 is allowed by quashing Ext.P14 order and directing the respondent Corporation to treat the petitioners therein as regularly appointed as 'Reserve Conductors' with effect from the respective dates in Ext.P1 series of appointment orders by which they were appointed on daily wage basis in the respondent Corporation. It is further made clear that the retrospective appointment of the petitioners shall be reckoned only for the purposes of the determining the total length of their service under the Corporation and not for other purposes such as grant of differential emoluments. The issue of their inter se seniority with the other employees of the Corporation is left open to be considered by the respondent Corporation after hearing the affected persons, if any.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.8398/2016 & conn.cases 18 APPENDIX OF WP(C) 8398/2016 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1 - TRUE COPY OF THE MEMORANDUM ISSUED TO THE 1ST PETITIONER DATED 09.02.2004. EXHIBIT P1(A) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 2ND PETITIONER DATED 10.03.2004.
EXHIBIT P1(B) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 3RD PETITIONER DATED 10.03.2004 EXHIBIT P1(C) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 4TH PETITIONER DATED 10.03.2004 EXHIBIT P1(D) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 5TH PETITIONER DATED 10.02.2004 EXHIBIT P1(E) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 6TH PETITIONER DATED 10.03.2004 EXHIBIT P1(F) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 7TH PETITIONER DATED 10.02.2004 EXHIBIT P1(G) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 8TH PETITIONER DATED 10.02.2004 EXHIBIT P1(H) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 9TH PETITIONER DATED 16.02.2004 EXHIBIT P1(I) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 10TH PETITIONER DATED 09.02.2004 EXHIBIT P1(J) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 11TH PETITIONER DATED 13.02.2004 EXHIBIT P1(K) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 12TH PETITIONER DATED 28.02.2004 EXHIBIT P1(L) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 13TH PETITIONER DATED 10.02.2004 EXHIBIT P1(M) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 14TH PETITIONER DATED 09.02.2004 EXHIBIT P1(N) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 15TH PETITIONER DATED 10.02.2004 EXHIBIT P1(O) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 18TH PETITIONER DATED 01.03.2004 EXHIBIT P1(P) TRUE COPY OF THE MEMORANDUM ISSUED TO THE WP(C).No.8398/2016 & conn.cases 19 19TH PETITIONER DATED 10.02.2004 EXHIBIT P1(Q) TRUE COPY OF THE MEMORANDUM ISSUED TO THE 20TH PETITIONER DATED 05.03.2004 EXHIBIT P2 TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE FIRST PETITIONER.
EXHIBIT P2(A) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 2ND PETITIONER.
EXHIBIT P2(B) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 3RD PETITIONER.
EXHIBIT P2(C) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 4TH PETITIONER.
EXHIBIT P2(D) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 5TH PETITIONER.
EXHIBIT P2(E) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 28.04.2007 TO THE 6TH PETITIONER.
EXHIBIT P2(F) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 28.04.2007 TO THE 7TH PETITIONER.
EXHIBIT P2(G) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 28.04.2007 TO THE 8TH PETITIONER.
EXHIBIT P2(H) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 28.04.2007 TO THE 9TH PETITIONER.
EXHIBIT P2(I) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 07.08.2004 TO THE 10TH PETITIONER.
EXHIBIT P2(J) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 11TH PETITIONER.
EXHIBIT P2(K) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 12TH PETITIONER.
WP(C).No.8398/2016 & conn.cases 20EXHIBIT P2(L) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 13TH PETITIONER.
EXHIBIT P2(M) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 28.04.2007 TO THE 14TH PETITIONER.
EXHIBIT P2(N) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 28.04.2007 TO THE 16TH PETITIONER.
EXHIBIT P2(O) TRUE COPY OF THE ADVICE MEMO ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ON 22.10.2008 TO THE 21ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 1ST PETITIONER DATED 30.04.2009.
EXHIBIT P3(A) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND PETITIONER DATED 30.04.2009.
EXHIBIT P3(B) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 3RD PETITIONER DATED 30.04.2009.
EXHIBIT P3(C) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 4TH PETITIONER DATED 05.06.2007.
EXHIBIT P3(D) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 5TH PETITIONER DATED 10.05.2005 EXHIBIT P3(E) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 6TH PETITIONER DATED 10.07.2007, EXHIBIT P3(F) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH PETITIONER DATED 05.06.2007 EXHIBIT P3(G) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 8TH PETITIONER DATED 05.06.2007 EXHIBIT P3(H) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 9TH PETITIONER DATED 05.06.2007 EXHIBIT P3(I) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 10TH PETITIONER DATED 11.10.2004 EXHIBIT P3(J) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 11TH PETITIONER DATED 30.04.2009 EXHIBIT P3(K) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 12TH PETITIONER DATED 30.04.2009 EXHIBIT P3(L) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 13TH PETITIONER DATED 30.04.2009 WP(C).No.8398/2016 & conn.cases 21 EXHIBIT P3(M) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 14TH PETITIONER DATED 05.06.2007 EXHIBIT P3(N) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 15TH PETITIONER DATED 05.06.2007 EXHIBIT P3(O) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 16TH PETITIONER DATED 05.06.20007 EXHIBIT P3(P) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 17TH PETITIONER DATED 10.05.2005 EXHIBIT P3(Q) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 18TH PETITIONER DATED 30.04.2009 EXHIBIT P3(R) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 19TH PETITIONER DATED 30.04.2009 EXHIBIT P3(S) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 20TH PETITIONER DATED 30.04.2009.
EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT DATED 21.07.2005 FILED IN WPC NO.28368/2004 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 24.06.2008 IN WA NO.1631/2007 EXHIBIT P6 TRUE COPY OF THE MEMORANDUM DATED 06.01.2006 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 28.01.2011 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 25.11.2013 PREFERRED TO THE 1ST RESPNDENT EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
25.11.2013 PREFERRED TO THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 20.12.2013 IN WPC NO.31854/2013 EXHIBIT P11 TRUE COPY OF THE MEMORANDUM DATED 22.04.2014 BEARING NO.PL16/35055/14 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 29.07.2015 IN WPC 23511/2014 EXHIBIT P13 TRUE COPY OF THE ORDER DATED 08.09.2015 IN RP NO.748/2015 EXHIBIT P14 TRUE COPY OF THE MEMORANDUM NO.
PL.16/014915/12 DATED 11.11.15 WP(C).No.8398/2016 & conn.cases 22 EXHIBIT P15 TRUE COPY OF THE SERVICE DETAILS OF ONE VINOD JOHNSON S (DRAFT GRADATION LIST SL.
NO.4245) EXHIBIT P15(A) TRUE COPY OF THE SERVICE DETAILS OF SUDHAKARAN NAIR P. (SL.NO.3949) EXHIBIT P15(B) TRUE COPY OF THE SERVICE DETAILS OF SREEKANTAN N (4519) EXHIBIT P15(C) TRUE COPY OF THE SERVICE DETAILS OF ELDHOSE K. JOSEPH WP(C).No.8398/2016 & conn.cases 23 APPENDIX OF WP(C) 11704/2016 PETITIONER'S/S EXHIBITS:
EXT.P1: TRUE COPY OF THE MEMORANDUM ISSUED TO THE 1ST PETITIONER DATED 27.10.2004 EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 1ST PETITIONER DATED 07.04.2012 EXT.P2(A): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND PETITIONER DATED 07.04.2012 EXT.P2(C): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 4TH PETITIONER DATED 07.04.2012 EXT.P2(D): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 5TH PETITIONER DATED 07.04.2012 EXT.P2(E): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 6TH PETITIONER DATED 07.04.2012 EXT.P2(F): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH PETITIONER DATED 07.04.2012 EXT.P2(G): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 8TH PETITIONER DATED 07.04.2012 EXT.P2(H): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 9TH PETITIONER DATED 07.04.2012 EXT.P2(I): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 10TH PETITIONER DATED 07.04.2012 EXT.P2(J): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 11TH PETITIONER DATED 07.04.2012 EXT.P2(K): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 12TH PETITIONER DATED 07.04.2012 EXT.P2(L): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 13TH PETITIONER DATED 07.04.2012 EXT.P2(M): TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 14TH PETITIONER DATED 07.04.2012 EXT.P3: TRUE COPY OF THE AFFIDAVIT DATED 21.07.2005 FILED IN W.P.C.NO.28368/2004 EXT.P4: TRUE COPY OF THE JUDGMENT DATED 24.06.2008 IN WA.NO.1631/2007 EXT.P5: TRUE COPY OF THE MEMORANDUM DATED WP(C).No.8398/2016 & conn.cases 24 06.01.2006 ISSUED BY THE 2ND RESPONDENT.
EXT.P6: TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 28.01.2011
EXT.P7: TRUE COPY OF THE REPRESENTATION DATED
02.05.2015 PREFERRED TO THE 1ST RESPONDENT EXT.P8: TRUE COPY OF THE REPRESENTATION DATED 02.05.2015 PREFERRED TO THE 2ND RESPONDENT EXT.P9: TRUE COPY OF THE JUDGMENT DATED 29.07.2015 IN W.P.C.NO.16602/2015 EXT.P10: TRUE COPY OF THE MEMORANDUM DATED 15.12.2015 BEARING NO.PL-16/014915/12 EXT.P11: TRUE COPY OF GO(MS)NO.77/2011 DATED 22.12.2011.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN SLP (C) NO.18803- 18806/2014.WP(C).No.8398/2016 & conn.cases 25
APPENDIX OF WP(C) 23772/2016 PETITIONER'S/S EXHIBITS:
P1 TRUE COPY OF THE MEMORANDUM ISSUED TO THE
1ST PETITIONER DATED 27.10.2004.
P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 1ST PETITIONER DATED 07.04.2012.
P2(A) TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 2ND PETITIONER DATED 07.04.2012.
P2(B) TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 3RD PETITIONER DATED 07.04.2012.
P2(C) TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 4TH PETITIONER DATED 07.04.2012.
P2(D) TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 5TH PETITIONER DATED 07.04.2012.
P3 TRUE COPY OF THE AFFIDAVIT DATED 21.07.2005
FILED IN W.P[C]NO.28368/2004.
P4 TRUE COPY OF THE JUDGMENT DATED 24.06.2008
IN W.A.NO.1631/2007.
P5 TRUE COPY OF THE MEMORANDUM DATED
06.01.2006 ISSUED BY THE 2ND RESPONDENT.
P6 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 28.01.2011.
P7 TRUE COPY OF THE REPRESENTATION DATED
02.11.2015 PREFERRED TO THE 1ST RESPONDENT.
P8 TRUE COPY OF THE REPRESENTATION DATED 02.11.2015 PREFERRED TO THE 2ND RESPONDENT.
P9 TRUE COPY OF THE JUDGMENT DATED 15.12.2015 IN WP[C]NO.37961/2015.
P10 TRUE COPY OF THE MEMORANDUM DATED
23.04.2016 BEARING NO.PL-16/014915/12.
P11 TRUE COPY OF GO(MS)NO.77/2011 DATED
22.12.2011.
WP(C).No.8398/2016 & conn.cases 26
APPENDIX OF WP(C) 32755/2016
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM ISSUED TO THE
1ST PETITIONER DATED 26.102004
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 1ST PETITIONER DATED 07.04.2012
EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 2ND PETITIONER DATED 07.04.2012
EXHIBIT P2 B TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 3RD PETITIONER DATED 07.04.2012
EXHIBIT P2 C TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 4TH PETITIONER DATED 07.04.2012
EXHIBIT P2 D TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 5TH PETITIONER DATED 07.04.2012
EXHIBIT P2 E TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 6TH PETITIONER DATED 07.04.2012
EXHIBIT P2 F TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 7TH PETITIONER DATED 07.04.2012
EXHIBIT P2 G TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 8TH PETITIONER DATED 07.04.2012
EXHIBIT P2 H TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 9TH PETITIONER DATED 07.04.2012
EXHIBIT P2 I TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 10TH PETITIONER DATED 07.04.2012
EXHIBIT P2 J TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 11TH PETITIONER DATED 07.04.2012
EXHIBIT P2 K TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 12TH PETITIONER DATED 07.04.2012
EXHIBIT P2 L TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 13TH PETITIONER DATED 07.04.2012
EXHIBIT P2 M TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 14TH PETITIONER DATED 07.04.2012
EXHIBIT P2 N TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 15TH PETITIONER DATED 07.04.2012
EXHIBIT P2 O TRUE COPY OF THE APPOINTMENT ORDER ISSUED
WP(C).No.8398/2016 & conn.cases 27
TO THE 16TH PETITIONER DATED 07.04.2012
EXHIBIT P2 P TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 17TH PETITIONER DATED 07.04.2012
EXHIBIT P2 Q TRUE COPY OF THE PREFORM ISSUED TO THE 18TH
PETITIONER DATED 14.02.2012
EXHIBIT P2 R TRUE COPY OF THE MEMORANDUM ISSUED TO THE
19TH PETITIONER DATED 26.10.2004
EXHIBIT P2 S TRUE COPY OF THE MEMORANDUM ISSUED TO THE
20TH PETITIONER DATED 07.04.2012
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT DATED 21.07.2005
FILED IN WPC.NO. 28368/2004
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 24.06.2008
IN WA.NO. 1631/2007
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM DATED
06.01.2006 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 28.01.2011
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
14.10.2015 PREFERRED TO THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 14.10.2015 PREFERRED TO THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 13.11.2015 IN WPC.NO. 34269/2015 EXHIBIT P10 TRUE COPY OF THE MEMORANDUM DATED 11.01.2016 VIDE NO. PL. 16/014915/12 EXHIBIT P11 TRUE COPY OF THE GO (MS)NO. 77/2011 DATED 22.12.2011