Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 9 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 589/2022 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER/S: NELSON G. MANAYIL, AGED 57 YEARS, ELECTRONIC FITTER MCM WEAPON CONTROL SHOP NAVAL BASE, KOCHI, PIN-682004 RESIDING AT MANAYIL HOUSE, LOVEDALE, KRPS112A KATTITHARA ROAD, MARADU P.O, ERNAKULAM., PIN - 682304
BY ADVS. C.S.MANU T.B.SIVAPRASAD C.A.ANUPAMAN DILU JOSEPH C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-, PIN - 110001. 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI- 682004, PIN - 682004. 3 COMMODORE, CHIEF STAFF OFFICER (P&A), COCHIN NAVAL BASE, KOCHI- 682004. 4 ADMINISTRATIVE OFFICER GRADE-II, CIVILIAN ADMINISTRATIVE OFFICER NAVAL SHIP REPAIR YARD, NAVAL BASE KOCHI- 682004. BY MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).10/2023, 11/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 10 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 630/2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER/S: P.D. WILSON, AGED 57 YEARS, S/O. THE LATE P.V.DEVASSRY, MASTER CRAFTSMAN (SHIP FITTER), NAVAL SHIP REPAIR YARD , COCHIN NAVAL BASE, KOCHI, RESIDING AT PAYYAPPILLI HOUSE, P.O. POOVATHUSSERY, THRISSUR DISTRICT, PIN - 680741.
BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI- 110001. 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI- 682004 3 COMMODORE, CHIEF STAFF OFFICER (P&A), COCHIN NAVAL BASE, KOCHI- 682004. 4 ADMINISTRATIVE OFFICER GRADE-II, CIVILIAN ADMINISTRATIVE OFFICER, NAVAL SHIP REPAIR YARD, NAVAL BASE KOCHI- 682004 BY ADV. MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).9/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 11 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 202/2021 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS: M. P. ANIRUDHAN, AGED 57 YEARS, S/O.PEETHAMBARAN M C M (ELECTRONIC), WEAPON CONTROL SHOP, NSRY KOCHI, RESIDING AT MATTAPURATH HOUSE, EROOR NORTH P.O., ERNAKULAM, PIN-682306. BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI- 110001 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI-682004 3 COMMODORE, CHIEF STAFF OFFICER (P&A) COCHIN NAVAL BASE, KOCHI-682004. 4 ADMINISTRATIVE OFFICER GRADE-II, CIVILIAN ADMINISTRATIVE OFFICER NAVAL SHIP REPAIR YARD, NAVAL BASE KOCHI-682004 BY MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).9/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 12 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 384/2021 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER: P.R.RAJENDRAN, AGED 55 YEARS, S/O G.P.REMESH, MASTER CRAFTSMAN, NAVAL SHIP REPAIR YARD, COCHIN NAVAL BASE, KOCHI, RESIDING AT PUTHENPURACKAL, MARAVANTHURUTH P.O., VAIKOM, KOTTAYAM DISTRICT, PIN-686608.
BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-110001. 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI-682004. 3 COMMODORE, CHIEF STAFF OFFICER (P&A), COCHIN NAVAL BASE, KOCHI-682004, PIN - 682004. 4 ADMINISTRATIVE OFFICER -I STAFF OFFICER (CIVILIAN PERSONNEL), NAVAL BASE, KOCHI-682004, PIN - 682004 BY ADV MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).9/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 13 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 361/2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER: A. MANOHARAN, AGED 52 YEARS, S/O.ACHU K.K., MOOLECHIRA HOUSE, AROOKUTTY P.O, CHERTHALA, ALAPPUZHA DISTRICT-688535. BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD MANJU E.R. C.Y.VIJAY KUMAR ANANDHU SATHEESH ALINT JOSEPH RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-688535. 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI-682004. 3 COMMODORE, CHIEF STAFF OFFICER (P&A), COCHIN NAVAL BASE, KOCHI-682004. 4 ADMINISTRATIVE OFFICER GRADE-II, CIVILIAN ADMINISTRATIVE OFFICER, NAVAL SHIP REPAIR YARD, NAVAL BASE, KOCHI-682004. BY MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).9/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 14 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA 283/2021 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER: BIJESH N.P., AGED 42 YEARS, S/O.N.P MOHANDAS, MASTER CRAFTSMAN (ELECTRICAL), NAVAL SHIP REPAIR YARD, COCHIN NAVAL BASE, KOCHI, ERNAKULAM DISTRICT, PERMANENTLY RESIDING AT PARATHOTTIL HOUSE, PALAKULAM, MUDADI P.O., KOYLANDI (VIA), KOZHIKODE,, PIN - 673307. BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001. 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI, PIN - 682004. 3 COMMODORE, CHIEF STAFF OFFICER (P&A), COCHIN NAVAL BASE, KOCHI, PIN - 682004. 4 ADMINISTRATIVE OFFICER -II, STAFF OFFICER ( CIVILIAN PERSONNEL), NAVAL BASE, KOCHI, PIN - 682004 BY SRI.MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).9/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945 OP (CAT) NO. 15 OF 2023 AGAINST THE ORDER/JUDGMENT OA 203/2021 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER: VINCENT SUNIL P.B., AGED 53 YEARS. S/O BERLY, MASTER CRAFTSMAN ((MACHINIST ), NAVAL SHIP REPAIR YARD, COCHIN NAVAL BASE, KOCHI, RESIDING AT PUTHENVEETTIL HOUSE, THOPPUMPADY P.O., ERNAKULAM DISTRICT, KOCHI-682005. BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-110001. 2 FLAG OFFICER, COMMANDING-IN-CHIEF, COCHIN NAVAL BASE, KOCHI-682004. 3 COMMODORE, CHIEF STAFF OFFICER (P&A), COCHIN NAVAL BASE, KOCHI-682004. 4 ADMINISTRATIVE OFFICER - I, STAFF OFFICER (CIVILIAN PERSONNEL ), NAVAL BASE, KOCHI-682004. BY SRI.MANU S., DSG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 26.09.2023, ALONG WITH OP (CAT).9/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) No.9/2023 and conn.cases 8
J U D G M E N T
[OP (CAT) Nos.9/2023, 10/2023, 11/2023, 12/2023,
A.Muhamed Mustaque, J.
The original petitions are dismissed as withdrawn. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE ln OP(CAT) No.9/2023 and conn.cases 9 APPENDIX OF OP (CAT) 10/2023 PETITIONER'S ANNEXURES: ANNEXURE A-1 TRUE COPY OF THE ORDER NUMBER THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE ANNEXURE A-2 TRUE COPY OF THE NOTIFICATION NO.GSR 552
DATED 28-7-2009 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE PROVIDING FOR THE PAY SCALE OF THE POST OF MASTER CRAFTSMAN ANNEXURE A-3 TRUE COPY OF THE RECRUITMENT RULE FOR THE POST OF CHARGEMAN ANNEXURE A-4 TRUE COPY OF THE PROMOTION ORDER DATED 28- 05-2020 BEARING NUMBER CS 2760/25 ISSUED BY THE DEPARTMENT , PROMOTING CERTAIN OFFICERS INCLUDING THE PETITIONER TO THE POST OF CHARGEMAN (PP&C) ANNEXURE A-4(A) TRUE COPY OF THE ORDER NO.PA/03/5030/14/TS DATED 24-07-2020 ISSUED BY THE DEPARTMENT REQUIRING THE PETITIONER TO COLLECT MOVEMENT ORDER TO INA, EZHIMALA BY 30TH JULY, 2020
ANNEXURE A-5 TRUE COPY OF THE UNWILLINGNESS CERTIFICATE DATED 29-07-2020 SUBMITTED BY THE APPLICANT TO THE DEPARTMENT ANNEXURE A-6 TRUE COPY OF THE JUDGMENT DATED 25-4-2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE HIGH COURT OF DELHI ANNEXURE A-7 TRUE COPY OF THE REPRESENTATION DATED 29- 07-2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 AND 3 ANNEXURE A-8 TRUE COPY OF THE ORDER DATED 18-6-2020 IN OA NO.236 OF 2020 ANNEXURE A-9 TRUE COPY OF THE REPRESENTATION DATED 24- 6-2020 SUBMITTED BY MR.ANILKUMAR S, MASTER CRAFTSMAN (ELECTRONICS), NAVAL SHIP REPAIR OP(CAT) No.9/2023 and conn.cases 10
YARD, COCHIN NAVAL BASE,KOCHI, AGED 55 YEARS ,SON OF THE LATE N SOMAN, RESIDING AT KOYIKALATH THARAYIL, PERINGOLA P.O, KAYAMKULAM, ALLEPPEY DISTRICT, PIN-690559 TO THE RESPONDENTS 2 & 3
ANNEXURE A-10 TRUE COPY OF THE ORDER DATED 7-8-2020 IN O.A.NO.357 OF 2020 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM ANNEXURE A-11 TRUE COPY OF THE ORDER DATED 13-11-2020 BEARING NO. CS 2760/25 PASSED BY THE 3RD RESPONDENT ANNEXURE R-1 TRUE COPY OF THE GOI MOD LETTER NO. 11(5)/2009-D(CIV.I) DATED 15-5-2010 ANNEXURE R-2 TRUE COPY OF THE MOD ID NOTE NO.11(5)/2009-D(CIV.I)(PC-II) DATED 6-7- ANNEXURE R-3 TRUE COPY OF MINISTRY OF HOME AFFAIRS, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS OM NO.22034/3/81- ESTT (D) DATED 1-11-1981 EXHIBIT P-1 TRUE COPY OF O.A NO.630 OF 2020 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE RESPONDENTS IN O.A NO. 630 OF 2020 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
EXHIBIT P-3 TRUE COPY OF THE ORDER DATED 13-1-2023 IN O.A. NO. 630 OF 2020 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-4 TRUE COPY OF THE ORDER DATED 11-11-2020 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN O.A. NO. 693 OF 2020 EXHIBIT P-5 TRUE COPY OF THE ORDER DATED 30-7-2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH OP(CAT) No.9/2023 and conn.cases 11 APPENDIX OF OP (CAT) 11/2023 PETITIONER'S ANNEXURES: ANNEXURE A-1 TRUE COPY OF THE SAID ORDER NUMBER THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE. ANNEXURE A-2 TRUE COPY OF THE NOTIFICATION NO.GSR 552
DATED 28-7-2009 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF FINANCE PROVIDING FOR THE PAY SCALE OF THE POST OF MASTER CRAFTSMAN.
ANNEXURE3 TRUE COPY OF THE RECRUITMENT RULE FOR THE POST OF CHARGEMAN. ANNEXURE A-4 TRUE COPY OF THE REPRESENTATION DATED 17- 12-2020 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. ANNEXURE A-5 TRUE COPY OF THE SAID REPLY BEARING NUMBER CS 2760 / 25 DATED 29-0- 2021 ISSUED BY THE SECOND RESPONDENT. ANNEXURE A-6 TRUE COPY OF THE SAID REPLY BEARING NUMBER
TA/03/5030/14 DATED 11-0 2-2021 ISSUED BY THE FOURTH RESPONDENT FOR AND ON BEHALF OF THE ADMIRAL SUPERINTENDENT TO THE PETITIONER. ANNEXURE A-7 TRUE COPY OF THE ORDER NUMBER CS 2760/25 DATED 27-02-2021 ISSUED BY THE SECOND RESPONDENT TO THE ADMIRAL SUPERINTENDENT NSRY(K) AND THE COMMANDING OFFICER,INS ZAMORIN.
ANNEXURE A-8 TRUE COPY OF THE STAFF MINUTES SHEET BEARING FILE NUMBER PA/03/5030/14/TSS DATED 02-0 3-2021 ISSUED BY THE FOURTH RESPONDENT. ANNEXURE A-9 TRUE COPY OF THE JUDGMENT DATED 25-4-2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE HIGH COURT OF DELHI. ANNEXURE A-10 TRUE COPY OF THE REPRESENTATION DATED 10OP(CAT) No.9/2023 and conn.cases 12 3-2021 SUBMITTED BY THE APPLICANT TO THE RESPONDENT NO. 2. ANNEXURE A-11 TRUE COPY OF THE ABOVE SAID ORDER NO. CS REPRESENTATION , ISSUED BY THE 4TH RESPONDENT. ANNEXURE R-1(A) TRUE COPY OL GOL, MOD LETTER NO.1 1 (5)/2009-D(CIV L) DATED 1 4 JUN 2010 ANNEXURE R-1(B) TRUE COPY OF GOL, MOD LETTER NO.11(5)/2009-D(CIV L)(PC-LT) DATED 06 JUT 2016. ANNEXURE R-1(C) TRUE COPY OF GOL, MOD LETTER DATED NO. CP(PY841 6/VICP CT ADML1GT 421 /US(MP)/ D(N-T T) 05 APR 2010. ANNEXURE R-1(D) TRUE COPY OF GOL, MOD LETTER NO. CP(P)/8416/VICPC/TECH/ L34/US(MPYD(N-)/201 0 DATED 05 MAY 2010. ANNEXURE R-1(E) TRUE COPY OF GOL, MINISTRY OF HOME AFFAIRS OM NO. 2203413/ 81-ESTT(D) DATED 01 OCT 1981. EXHIBIT P-1 TRUE COPY OF THE SAID O.A NO. 202 OF 2021 FILED BY THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P-2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE RESPONDENTS 1 TO 4 IN O.A 202 OF 2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P-3 TRUE COPY OF THE ORDER DATED 13-1-2023 IN O.A. NO. 202 OF 2021 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-4 TRUE COPY OF THE ORDER DATED 11-11-2020 IN O.A. NO. 693 OF 2020 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.
EXHIBIT P-5 TRUE COPY OF THE ORDER DATED 30-7-2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH. OP(CAT) No.9/2023 and conn.cases 13 APPENDIX OF OP (CAT) 12/2023 PETITIONER'S ANNEXURES: ANNEXURE1 A TRUE COPY OF THE ORDER NUMBER THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE ANNEXURE A-2 TRUE COPY OF THE NOTIFICATION NO.GSR 552
DATED 28-7-2009 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF FINANCE PROVIDING FOR THE PAY SCALE OF THE POST OF MASTER CRAFTSMAN ANNEXURE3 TRUE COPY OF THE RECRUITMENT RULE FOR THE POST OF CHARGEMAN ANNEXURE A-4 TRUE COPY OF THE ORDER NUMBER CS 2760/25 DATED 23-07-2021 ISSUED BY COMMODORE, CHIEF STAFF OFFICER (P&A) AND COPIES TO THE COMMODORE SUPERINTENDENT NAY (K) AND THE WARSHIP PRODUCTION SUPERINTENDENT WOT
(K) AND THE INDIVIDUALS CONCERNED
ANNEXURE A-5 TRUE COPY OF THE STAFF MINUTES SHEET BEARING FILE NUMBER PA/03/5030/14/TSS DATED 31-7-2021 ISSUED BY THE FOURTH RESPONDENT ANNEXURE A-6 TRUE COPY OF THE JUDGMENT DATED 25-4-2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE HIGH COURT OF DELHI ANNEXURE A-7 TRUE COPY OF THE ABOVE SAID REPRESENTATION DATED 03-08-2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ANNEXURE R-1 TRUE COPY OF GOL, MOD LETTER NO.11(5)/2009- D(CIV L) DATED 14 JUN 2010 ANNEXURE R-2 TRUE COPY OF GOL, MOD LETTER NO.11(5)/2009- D(CIV L)(PC-LL) DATED 06 JUL 2016 ANNEXURE R-3 3:TRUE COPY OF GOL, MOD LETTER NO. C P( PY84 1 6/VTCPC/ADM/09/42 1 /US(MP)/D(NOP(CAT) No.9/2023 and conn.cases 14 LL)DATED 05 APR 2010 ANNEXURE R-4 :TRUE COPY OF GOL, MOD LETTER NO CP(PYB41 6/VICPC/TECH/1 34/US(MPYD(N-LL)/201 0DATED 05 MAY 2010 ANNEXURE R-5 TRUE COPY OF GOL, MINISTRY OF HOME AFFAIRS OM NO. 2203413181-ESTT(D) DATED 01 OCT EXHIBIT P-1 TRUE COPY OF O.A NO. 384 OF 2021 FILED BY THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P-2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE RESPONDENTS 1 TO 4 IN O.A 384 OF 2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P3 TRUE COPY OF THE ORDER DATED 13-1-2023 IN O.A. NO. 384 OF 2021 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-4 TRUE COPY OF THE ORDER DATED 11-11-2020 IN O.A. NO. 693 OF 2020 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI
EXHIBIT P-5 TRUE COPY OF THE SAID ORDER DATED 30-7- 2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH OP(CAT) No.9/2023 and conn.cases 15 APPENDIX OF OP (CAT) 13/2023 PETITIONER'S ANNEXURES: ANNEXURE A1 A TRUE COPY OF THE ORDER NUMBER BY THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE ANNEXURE A2 A TRUE COPY OF THE NOTIFICATION NO.GSR
552 DATED 28-7-2009 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF FINANCE PROVIDING FOR THE PAY SCALE OF THE POST OF MASTER CRAFTSMAN ANNEXURE A3 A TRUE COPY OF THE RECRUITMENT RULE FOR THE POST OF CHARGEMAN
ANNEXURE A4 A TRUE COPY OF THE PROMOTION ORDER
BEARING NO.CS-2760/25 PROMOTING CERTAIN OFFICERS INCLUDING THE APPLICANT TO THE POST OF CHARGEMAN (ENGINE FITTER) 20-2- 2020 ISSUED BY THE 3RD RESPONDENT ANNEXURE A5 A TRUE COPY OF THE ORDER BEARING NUMBER CS 2760/25/1 DATED 5-6-2020 ISSUED BY THE SECOND RESPONDENT ANNEXURE A6 A TRUE COPY OF THE ORDER BEARING NUMBER PA/03/5030/14 DATED 10-6-2020 ISSUED BY THE ADMINISTRATIVE OFFICER, GRADE-II, CIVILIAN ADMINISTRATIVE OFFICER
ANNEXURE A7 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY SREE VENKATESWARA HOSPITAL, CHERTHALA TO THE APPLICANT ANNEXURE A8 A TRUE COPY OF THE REPRESENTATION DATED 5-3-2020 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT ANNEXURE A9 TRUE COPY OF THE JUDGMENT DATED 25-4- 2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE
HIGH COURT OF DELHI
ANNEXURE A10 TRUE COPY OF THE ORDER DATED 18-06-2020 IN OA NO.237 12020 OF THIS HON'BLE OP(CAT) No.9/2023 and conn.cases 16 TRIBUNAL ANNEXURE A11 TRUE COPY OF THE REPRESENTATION DATED 25-06 - 2020 SUBMITTED BY THE APPLICANT TO THE RESPONDENT ANNEXURE A12 TRUE COPY OF THE ORDER BEARING NUMBER CS 2760/25(III) DATED 24-07-2020 ISSUED BY THE 3RD RESPONDENT ANNEXURE R1 TRUE COPY OF GOI MOD LETTER NO. 11(5)/2009-D (CIV.I) DATED 14/06/2010 ANNEXURE R2 TRUE COPY OF MOD ID NOTE NO. 11(5)/2009-D (CIV.L) (PC II) DATED ANNEXURE R3 TRUE COPY OF DOPT OM NO. 22034/3/81- ESTT(D) DATED 01/10/1981 EXHIBIT P1 A TRUE COPY OF THE O.A NO. 361 OF 2020 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT IN O.A NO. 361 OF 2020 EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 13-1- 2023 IN O.A NO. 361 OF 2020 EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 11-11- 2020 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 30-7- 2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH OP(CAT) No.9/2023 and conn.cases 17 APPENDIX OF OP (CAT) 14/2023 PETITIONER'S ANNEXURES: ANNEXURE A-1 TRUE COPY OF THE ORDER NUMBER THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE ANNEXURE A-2 TRUE COPY OF THE NOTIFICATION NO.GSR 552
DATED 28-7-2009 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE , PROVIDING FOR THE PAY SCALE OF THE POST OF MASTER CRAFTSMAN
ANNEXURE A-3 TRUE COPY OF THE RECRUITMENT RULES FOR THE POST OF CHARGEMAN ANNEXURE A-4 TRUE COPY OF THE ORDER NUMBER CS 2760/25 DATED 16-04-2021 ISSUED BY THE 3RD RESPONDENT TO PETITIONER ANNEXURE A-5 TRUE COPY OF THE STAFF MINUTES SHEET BEARING FILE NUMBER PA/03/5030/14/TSS DATED 28-04-2021 ISSUED BY THE FOURTH RESPONDENT ANNEXURE A-6 TRUE COPY OF THE SAID REPRESENTATION DATED 04-06-2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ANNEXURE A-6(A) TRUE COPY OF THE UNWILLINGNESS
CERTIFICATE DATED 4-6-2021 SUBMITTED BY THE APPLICANT ALONG WITH ANNEXURE A-6 REPRESENTATION TO THE 2ND RESPONDENT
ANNEXURE A-7 TRUE COPY OF THE JUDGMENT DATED 25-4-2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE HIGH COURT OF DELHI ANNEXURE R-1 TRUE COPY OF THE GOI, MOD LETTER NO.CP(P)/8416/VI CPC/ADM/09/421/US(MP)/D(N-II) DATED 5-4- ANNEXURE R-2 TRUE COPY OF MOD, GOI LETTER NO.CP(P)/8416 NI CPC/TECH/134/US(MP)/D(NOP(CAT) No.9/2023 and conn.cases 18 11)/2010 DATED 5-5-2010 ANNEXURE R-3 TRUE COPY OF MOD, GOI LETTER NO.11(5)/2009-D(GIV.I) DATED 14-6-2010 ANNEXURE R-4 TRUE COPY OF GOI, MOD ID NOTE NO. 11(5)/2009-D(CIV.I)(PC-II) DATED 6-7-2016 ANNEXURE R-5 TRUE COPY OF INTEGRETED HEADQUARTERS, MOD (NAVY) LETTER NO. CP(NG)/2816/TSS DATED 13-5-2013 ANNEXURE R-6 TRUE COPY OF INTEGRETED HEADQUARTERS, MOD LETTER NO. 11(5)/2009-D(CIV-I) DATED 17- 2-2021 ANNEXURE R-7 TRUE COPY OF THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA OM NO. EXHIBIT P-1 TRUE COPY OF THE O.A. NO. 283 OF 2021 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE RESPONDENTS IN O.A. NO. 283 OF 2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-3 TRUE COPY OF THE ORDER DATED 13-1-2023 IN O.A. NO. 283 OF 2021 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-4 TRUE COPY OF THE ORDER DATED 11-11-2020 IN O.A. NO. 693 OF 2020 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI
EXHIBIT P-5 TRUE COPY OF THE ORDER DATED 30-7-2021 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH OP(CAT) No.9/2023 and conn.cases 19 APPENDIX OF OP (CAT) NO.15/2023 PETITIONER'S ANNEXURES: ANNEXURE A-1 TRUE COPY OF THE ORDER NUMBER THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE. ANNEXURE A-2 TRUE COPY OF THE NOTIFICATION NO.GSR 552
DATED 28-7-2009 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF FINANCE PROVIDING FOR THE PAY SCALE OF THE POST OF MASTER CRAFTSMAN. ANNEXURE3 TRUE COPY OF THE RECRUITMENT RULE FOR THE POST OF CHARGEMAN. ANNEXURE A-4 TRUE COPY OF THE ORDER NUMBER CS 2760/25 DATED 27-02-2021 ISSUED BY THE SECOND RESPONDENT TO THE ADMIRAL SUPERINTENDENT NSRY(K) AND THE COMMANDING OFFICER,INS ZAMORIN.
ANNEXURE A-5 TRUE COPY OF THE STAFF MINUTES SHEET BEARING FILE NUMBER PA/03/5030/14/TSS DATED 02-0 3-2021 ISSUED BY THE FOURTH RESPONDENT. ANNEXURE A-6 TRUE COPY OF THE JUDGMENT DATED 25-4-2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE HIGH COURT OF DELHI. ANNEXURE A-7 TRUE COPY OF THE REPRESENTATION DATED 12- 3-2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2. ANNEXURE A-8 TRUE COPY OF THE ABOVE SAID ORDER NO. CS THE REPRESENTATION, ISSUED BY THE 4TH RESPONDENT. ANNEXURE R-1(A) TRUE COPY OF GOL, MOD LETTER NO.11(5)/2009-D(CIV L) DATED 14 JUNE 2010. ANNEXURE R-1(B) TRUE COPY OF GOI, MOD LETTER NO.1 1(5)/2009-D(CIV L)(PC-LT) DATED 06 JUNE OP(CAT) No.9/2023 and conn.cases 20 2016. ANNEXURE R-1(C) TRUE COPY OF GOL, MOD LETTER NO. CP(P)/8416/VLCPCT ADMTOST42L/US(MP)/D(N- IL) DATED 05 APR 2010. ANNEXURE R-1(D) TRUE COPY OL GOT, MOD LETTER NO. CP(P)/8416/VICPC/TECH/134/US(MPYD(N- LT)/2010 DATED 05 MAY 2010. ANNEXURE R-1(E) TRUE COPY OF GOI, MINISTRY OF HOME AFFAIRS OM NO.22034/3/81-ESTT(D) DATED 01 OCT 1981. EXHIBIT P-1 TRUE COPY OF THE O.A NO. 203 OF 2021 FILED BY THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P-2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE RESPONDENTS 1 TO 4 IN O.A 203 OF 2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P-3 TRUE COPY OF THE ORDER DATED 13-1-2023 IN O.A. NO.203 OF 2021 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM EXHIBIT P-4 TRUE COPY OF THE ORDER DATED 11-11-2020 IN O.A. NO. 693 OF 2020 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.
EXHIBIT P-5 TRUE COPY OF THE ORDER DATED 30-7-2021 IN O.A NO. 260/00251 OF 2020 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH. OP(CAT) No.9/2023 and conn.cases 21 APPENDIX OF OP (CAT) 9/2023 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER NO. 1 (2)/80/D/ (CIV.1) DATED 21-9-1982 ISSUED BY 1ST RESPONDENT. ANNEXURE A2 TRUE COPY OF THE NOTIFICATION NO.GSR 552
(E) DATED 28-7-2009 ISSUED BY 1ST
RESPONDENT. ANNEXURE A3 TRUE COPY OF THE RECRUITMENT RULE FOR THE POST OF CHARGEMAN. ANNEXURE A4 TRUE COPY OF THE ORDER BEARING NO. CS 3RD RESPONDENT. ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 28-1- 2022 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 25-4-2019 IN WP(C) NO.8642 OF 2015 AND CONNECTED CASES PASSED BY THE HON'BLE HIGH COURT OF DELHI. ANNEXURE A7 TRUE COPY OF THE ORDER DATED 4-2-2022 IN O.A.NO.57 OF 2022 PASSED BY THIS HON'BLE TRIBUNAL. ANNEXURE A8 TRUE COPY OF THE ORDER BEARING NO.CS 4TH RESPONDENT. ANNEXURE R1 TRUE COPY OF THE MINISTRY OF DEFENSE LETTER 11(5)/2009-D(CIV-1) DATED 14/06/2010. ANNEXURE R2 TRUE COPY OF INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE (NAVY), NEW DELHI LETTER CP(NG)/2816/TSS DATED 13.05.2013. ANNEXURE R3 TRUE COPY OF INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE (NAVY), NEW DELHI LETTER CP(NG)3008/DPC/CLARIFICATION DATED O9.O4.2O20. EXHIBIT P-1 A TRUE COPY OF THE O.A NO. 589 OF 2022 OP(CAT) No.9/2023 and conn.cases 22 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT IN O.A NO. 589 OF 2022. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 13-1-2023 IN O.A NO. 589 OF 2022. EXHIBIT P4 A TRUE COPY OF THE SAID ORDER DATED 11-11- 2020 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 30-7-2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, CUTTACK BENCH.