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 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 OP(KAT) NO.336 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA (EKM) 2026/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ----- PETITIONERS: 1 PREMKUMAR K.V., AGED 37 YEARS, S/O.P.G.VALSAN, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD-678014, RESIDING AT KAROOKKIL THEKKEKALAM, KARIMBA P.O., PALAKKAD, KERALA, PIN - 678597. 2 SREEJITH R. NAIR, AGED 40 YEARS, S/O.LATE RAJAKRISHNAN NAIR, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD-678014, RESIDING AT VISALAKSHI MANDIRAM, NALLEPILLY, PALAKKAD, KERALA, PIN - 678553. 3 SHINU M., AGED 38 YEARS, S/O.MADHAVAN, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD-678014, RESIDING AT VAROTTUPADAM KALAM, VATTEKAD.P.O, PALAKKAD, KERALA, PIN - 678506. BY ADV.VINCENT RAPHAEL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY(HOME), GOVT.SECRETARIATE, THIRUVANATHAPURAM, KERALA, PIN - 695001. 2 THE PRINCIPAL SECRETARY (FINANCE), STATE OF KERALA, MAIN BLOCK, SECRETARIAT, O.P.(KAT) No.336/2023 and conn.cases 2 THIRUVANATHAPURAM, KERALA, PIN - 695001.
3 THE SUPERINTENDENT OF POLICE, TELECOMMUNICATION HEAD QUARTERS PATTOM, THIRUVANATHAPURAM, KERALA, PIN - 695004. 4 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695004. 5 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD, PIN - 678014. BY GOVERNMENT PLEADERS, SRI.SAIGI JACOB PALATTY & SMT.MARY BEENA JOSEPH THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.09.2023, ALONG WITH OP(KAT).392/2023, 337/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(KAT) No.336/2023 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 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 OP(KAT) NO. 392 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA (EKM) 1755/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ------ PETITIONERS: 1 MAXWELL K.C., AGED 38 YEARS, S/O.P.S CHACKO, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER LID & EW SECTION, MARADY GRAMAPANCHAYATH, ERNAKULAM, PINCODE NO.686673, RESIDING AT KUPPEEPARAMBIL (H) PIRAVOM P.O, PIRAVOM, ERNAKULAM, KERALA, PIN - 686664. 2 SOUMYA T., AGED 34 YEARS, D/O.THANGAL KUNJU.K.A., ASST. ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, (LID&EW) SUB DIVISION, KONNI BP, ELAKOLLOOR.P.O, PATHANAMTHITTA DISTRICT, PINCODE -689691 RESIDING AT NOOR MANZIL, EDAMULACKAL P.O, ANCHAL, KOLLAM, KERALA, PIN - 689691. 3 DEEPTHI JAMES, AGED 35 YEARSD/O K.V JAMES , ASST. ENGINEER , LSGD (LID&EW) EZHUPUNNA SECTION, EZHUPUNNA, ALLEPPY DISTRICT,PINCODE.688537,RESIDING AT PUTHENPARAMBIL (H) THONACKADU .PO, CHERIYANADU VIA, ALAPPUZHA , KERALA, PIN - 689511 4 JAMSEERA C.P., AGED 35 YEARS, D/O.ABDUL AZEEZ C.P, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, L.S.G.D (LID &EW) SECTION , ELAMKULAM GRAMAPANCHAYATH, KUNNAKKADAVU P.O, MALAPPURAM DISTRICT, PINCODE NO. 679325, RESIDING O.P.(KAT) No.336/2023 and conn.cases 4 AT CHERUVAPPALLY HOUSE, KARIAVATTOM, MANNARMALA P.O,MALAPPURAM, KERALA, PIN - 679326. 5 JESNA.K.MUHAMMED, AGED 34 YEARS, D/O. K.P.MOHAMMED KUNJU, ASSISTANT ENGINEER, L.S.G.D (LID &EW) SECTION, NELLIKKUZHY GRAMAPANCHAYATH, KOTHAMANGALAM, ERNAKULAM, PINCODE NO. 686691, RESIDING AT KONNAMKUDY(H) KARATTUPALLIKKARA, ONNAM MILE, PERUMBAVOOR, ERNAKULAM, KERALA, PIN - 683542. 6 SANI.M NAIR, AGED 38 YEARS, S/O C.R MOHANAN NAIR, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, LID &EW SECTION, KARUMALLOOR GRAMAPANCHAYATH, PARAVOOR TALUK, ERNAKULAM - 68211.RESIDING AT HARIPRIYA, HOUSE NO. M15KSHB COMPLEX, ONNAM MILE, PERUMBAVOOR , ERNAKULAM ,KERALA, PIN - 683542 7 GRACIOUS M. JOHN, AGED 34 YEARS, S/O.M.M JOHN, ASSISTANT ENGINEER, L.S.G.D (LID&EW), KOOTHATTUKULAM MUNICIPALITY, KOOTHATTUKULAM.P.O., ERNAKULAM, PIN CODE. 686662, RESIDING AT MANIMALAYIL HOUSE, VENDUVAZHY, KARUKADOM .P.O, KOTHAMANGALAM , ERNAKULAM, KERALA., PIN - 686691. 8 SAMEERA M.M., AGED 38 YEARS, D/O.MOHAMED M.B, ASSISTANT ENGINEER, L.S.G.D (LID &EW) CHITTATTUKARA G.P, VADAKKEKARA, NORTH PARAVUR ERNAKULAM, PIN. 683522. RESIDING AT THARUPEEDIKAYIL HOUSE, SANTHIPARAM, KODUNGALLUR, THRISSUR, KERALA, PIN - 680688. 9 SIMI SEBASTIAN, AGED 38 YEARS, D/O P.V SEBASTIAN, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER L.S.G.D SECTION, VELLANGALLUR GRAMAPANCHAYATH, VELLANGALLUR BLOCK, KONATHUKUNNU.P.O, THRISSUR, PIN. 680123, RESIDING AT MALIAKKAL KOOLIADAN HOUSE, AYYANKAVU TEMPLE ROAD, IRINJALAKKUDA P.O, THRISSUR, KERALA, PIN - 680121. 10 SUJITH RAJAN, AGED 38 YEARS, S/O P.P.RAJAN, ASSISTANT ENGINEER, L.S.G.D (LID &EW) SECTION, KALLOOPPARA GRAMA PANCHAYATH, KALLOOPPARA P.O, O.P.(KAT) No.336/2023 and conn.cases 5 PATHANAMTHITTA, PINCODE NO. 689583, RESIDING AT SUJITHVILLA, ITTIYAPPANVILAYIL, MAVELIKKARA.P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 690101. 11 ARUN KUMAR, AGED 38 YEARS, S/O.K.G RADHAKRISHNAN NAIR, ASSISTANT ENGINEER, O/O. THE ASSISTANT ENGINEER, L.S.G.D (LID &EW) SECTION, ERAVIPEROOR GRAMMA PANCHAYATH, KOZHIMAL, 689541, PATHANAMTHITTA DISTRICT, RESIDING AT SREENILAYAM, VENNIKKULAM P.O., VENNIKKULAM, PATHANAMTHITTA DISTRICT, KERALA, PIN - 689544. 12 ANU BABY, AGED 35 YEARS, D/O.V.BABY, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, L.S.G.D SECTION, MUDAKUZHA GRAMAPANCHAYATH, MUDAKUZHA P.O., PERMBAVOOR, ERNAKULAM, PINCODE NO.683546, RESIDING AT CHIRAPPURATH HOUSE, VALAYANCHIRANGARA P.O, PERMBAVOOR, ERNAKULAM, KERALA, PIN - 683556. 13 DILEEP VARMA M, AGED 39 YEARS, S/O M.ANANDAKUMAR, ASSISTANT ENGINEER, L.S.G.D SECTION(LID&EW) SECTION, VADAKKANCHERY GRAMAPANCHAYATH, PALAKKAD, PIN-678683, RESIDING AT MADATHIL KOVILAKOM, KONATHUKUNNU P.O., IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680123. 14 DRISHYA T MANOHAR, AGED 36 YEARS, D/O.T.C.MANOHAR, ASST. ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,(LIG&EW) THRISSUR CORPORATION, THRISSURE DISTRICT, 680001, RESIDING AT USHAS, H.NO.41,CO-OPERATIVE ROAD, CHEMBUKAVU P.O., THRISSUR, KERALA, PIN - 680020. 15 SRUTHY N.SUBRAMANIAN, AGED 32 YEARS, D/O.N.P.SUBRAMANIAN, ASSISTANT ENGINEER, L.S.G.D (LID&EW), SECTION, VELOOKKARA GRAMMA PANCHAYATH, VELLANGALLUR BLOCK, KOTTANELLUR P.O, THRISSUR DISTRICT, PINCODE NO.680662, RESIDING AT NELLIPARAMBIL HOUSE, GANDHI NAGAR P.O, CHEROOR, TRISSUR, KERALA, PIN - 680008. 16 BIBIN O, AGED 37 YEARS, S/O.RAMESAN O, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER (LID&EW), SECTION, VAZHAYOOR GRAMMA PANCHAYATH, MALAPPURAM, PIN .NO.673632, O.P.(KAT) No.336/2023 and conn.cases 6 RESIDING AT MARIGOLD, PADIYADATH THAZHAM, KOTTOOLI P.O, CALICUT, KERALA, PIN - 673016. 17 JITHU P, AGED 34 YEARS, S/O.DR.K.V.PRABHAKARAN, ASSISTANT ENGINEER, KOZHIKODE MUNICIPAL CORPORATION OFFICE, NEAR KOZHIKODE BEACH, KOZHIKODE, PINCODE NO.673032, RESIDING AT MATTATHODIYIL HOUSE, CHATHAMANGALAM P.O., KOZHIKODE, PIN - 673601.
BY ADV.VINCENT RAPHAEL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANATHAPURAM, PIN - 659001. 2 THE PRINCIPAL SECRETARY (FINANCE), STATE OF KERALA, MAIN BLOCK, SECRETARIAT, THIRUVANATHAPURAM, KERALA, PIN - 695001. 3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695004. 4 THE CHEIF ENGINEER, DEPARTMENT OF LOCAL SELF GOVERNMENT(LID&EW), REVENUE COMPLEX, 3RD FLOOR, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM, KERALA, PIN - 695033.
5 GOVERNMENT OF INDIA, REPRESENTED BY ADDITIONAL SECRETARY TO GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PENSION AND PENSIONER'S WELFARE, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI, PIN - 110003.
6 ANOOP GEORGE, AGED 35 YEARS, S/O.T.P GEORGE, ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER LID & EW SUB SECTION, KOTHAMANGALAM BLOCK PANCHAYATH, KOTHAMANGALAM, ERNAKULAM, O.P.(KAT) No.336/2023 and conn.cases 7 PIN-686691. RESIDING AT THEKKILAKKATTU HOUSE, THATTEKKADU P.O., PLAMATTOM, KOTHAMANGALAM, ERNAKULAM, KERALA, PIN - 685681. BY GOVERNMENT PLEADERS, SRI.SAIGI JACOB PALATTY & SMT.MARY BEENA JOSEPH THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.09.2023, ALONG WITH OP(KAT).336/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(KAT) No.336/2023 and conn.cases 8
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 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 OP(KAT) NO. 337 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA (EKM) 2027/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ------- PETITIONERS: 1 LIJU JOSEPH, AGED 40 YEARS, S/O.JOSEPH T.P., POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, KOCHI CITY-,682031 RESIDING AT THOTTAMKARA HOUSE, KADAKKARAPPALLYP.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, KERALA, PIN - 688529. 2 UNNIKRISHNAN.P.N., AGED 43 YEARS, S/O.NARAYANANKUTTY P.K., POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD-678014, RESIDING AT PADINHAREVEEDU, THENUR P.O, PALAKKAD, KERALA, PIN - 678616 3 SAJAN S., AGED 40 YEARS, S/O.C.SASI, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD-678014, RESIDING AT VALIYAKADU HOUSE, ANAKKAL P.O., MALAMPUZHA, PALAKKAD, KERALA, PIN - 678651.
BY ADV.VINCENT RAPHAEL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY(HOME), GOVT. SECRETARIATE, THIRUVANATHAPURAM, KERALA, PIN - 695001. O.P.(KAT) No.336/2023 and conn.cases 9 2 THE PRINCIPAL SECRETARY (FINANCE), STATE OF KERALA, MAIN BLOCK, SECRETARIAT, THIRUVANATHAPURAM, KERALA, PIN - 695001. 3 THE SUPERINTENDENT OF POLICE, TELECOMMUNICATION HEAD QUARTERS PATTOM, THIRUVANATHAPURAM, KERALA, PIN - 695004. 4 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695004.
5 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, KOCHI CITY, KERALA, PIN - 682031. 6 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, PALAKKAD, PIN - 678014. 7 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, THRISSUR, KERALA, PIN - 680003. 8 FAIZAL K.U., AGED 38 YEARS, S/O.C.O.UMMER, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, THRISSUR-680003, KERALA, RESIDING AT MATHRAMCODE, NHAMANGHAT P.O., THRISSUR, KERALA, PIN - 679563. BY GOVERNMENT PLEADERS, SRI.SAIGI JACOB PALATTY & SMT.MARY BEENA JOSEPH THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.09.2023, ALONG WITH OP(KAT).336/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(KAT) No.336/2023 and conn.cases 10
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 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 OP(KAT) NO.359 OF 2023 AGAINST THE ORDER/JUDGMENT IN OA (EKM) 2024/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ----- PETITIONERS: 1 SYAMLAL P., AGED 38 YEARS, S/O.VENUGOPALAN, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, KOZHIKODE CITY, 683001, RESIDING AT PANDARAPARAMBATH HOUSE PYNGOTTUPURAM, KUNNAMANGALAM P.O., KOZHIKODE, KERALA, PIN - 673571. 2 DIJU V.V., AGED 37 YEARS, S/O.V.P DAMODARAN, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, KASARAGOD, 671124, RESIDING AT VEEVEES, KOZHUMMAL, PAYYANNUR, KANNUR, KERALA, PIN - 670521. 3 VINUKRISHNAN E., AGED 36 YEARS, S/O. T.VISWANATHAN, POLICE CONSTABLE (TELCOM), KERALA POLICE TELECOMMUNICATION SUB UNIT, KOZHIKODE RURAL, 678014, RESIDING AT KAITHAKKAL HOUSE, THOLERY, PAYYOLI BAZAR P.O., KOZHIKODE, KERALA, PIN - 673523. 4 MOHANAN A., AGED 44 YEARS, S/O T.NARAYANAN, POLICE CONSTABLE, KERALA POLICE TELECOMMUNICATION SUB UNIT, KASARAGOD, 671124, RESIDING AT ALINGAL HOUSE, ARAVATH, PANAYALP.O, BEKAL, KASARAGODE, KERALA, PIN - 671318.
5 MANSOOR AYYOLI, AGED 35 YEARS, S/O.MUHAMMED A, POLICE CONSTABLE, (TELECOM) KERALA POLICE TELECOMMUNICATION SUB UNIT, MALAPPURAM, 676505. RESIDING AT PALEKKODE HOUSE, OZHUKUR, O.P.(KAT) No.336/2023 and conn.cases 11 OZHUKUR.P.O, MALAPPURAM, KERALA, PIN - 673642. BY ADV. VINCENT RAPHAEL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY (HOME), GOVT. SECRETARIATE, THIRUVANATHAPURAM, KERALA, PIN - 695001. 2 THE PRINCIPAL SECRETARY (FINANCE), STATE OF KERALA, MAIN BLOCK, SECRETARIAT THIRUVANATHAPURAM, KERALA, PIN - 695001. 3 THE SUPERINTENDENT OF POLICE, TELECOMMUNICATION HEAD QUARTERS PATTOM, THIRUVANATHAPURAM, KERALA, PIN - 695004. 4 KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS SECRETARY, PIN - 695004. 5 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT,KOZHIKODE CITY, KERALA, PIN - 673001. 6 INSPECTOR OF POLICE, KERALA POLICE CWS TELECOMMUNICATION HEADQUARTERS, TRIVANDRUM, KERALA, PIN - 695004. 7 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, KASARAGODE, KERALA, PIN - 671124. 8 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, KOZHIKODE RURAL, KERALA, PIN - 683105. 9 INSPECTOR OF POLICE, KERALA POLICE TELECOMMUNICATION SUB UNIT, MALAPPIURAM, KERALA, PIN - 676505. 10 SAMEER A, AGED 38 YEARS, S/O.ABDULSALAM, POLICE CONSTABLE(TELECOM), KERALA POLICE, CWS, TELECOMMUNICATION HEADQUARTERS, TRIVANDRUM, 695004, RESIDING AT THOUFEEK MANZIL,
O.P.(KAT) No.336/2023 and conn.cases 12 NEAR GANDHI SMARAKA NIDHI, POOVACHAL.P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695575. BY GOVERNMENT PLEADERS, SRI.SAIGI JACOB PALATTY & SMT.MARY BEENA JOSEPH THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 05.09.2023, ALONG WITH OP(KAT).336/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(KAT) No.336/2023 and conn.cases 13
JUDGMENT
[OP(KAT) Nos.336/2023, 392/2023, 337/2023 & 359/2023]
A.Muhamed Mustaque, J.
These original petitions were filed by the petitioners before the Kerala Administrative Tribunal. They were appointed in the service after the introduction of the National Pension Scheme which came into force with effect from 01.04.2013. Their case is that the recruitment process was concluded much prior to 2013 and therefore, they should be covered by the statutory pension scheme prevailing for those employees who entered the service prior to 01.04.2013. They placed reliance on Ext.A6 judgment of the Delhi High Court. The said judgment has been affirmed by the Apex Court by Ext.A7. Apart from that the learned counsel for the petitioners placed reliance on the definition of 'recruited direct' as referred to in Rule 2(12) of the Kerala State & Subordinate Services Rules, 1958 (for short, the 'Rules'). The Administrative Tribunal considered the matter along with a similar claim and repelled the petitioners' claim for the reason that their advice as well as appointment to the service were only after 01.04.2013.
2. Heard the learned counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel for the Kerala Public Service Commission.
3. Rule 2(12) of the Rules defines the 'recruited direct' as follows: O.P.(KAT) No.336/2023 and conn.cases 14
A candidate is said to be “recruited direct” to a service, class, category or post when, in case the appointment has to be done in consultation with the Commission, on the date of the notification by the Commission inviting applications for the recruitment, and in any other case, at the time of appointment. (i). he is not in the service of the Government of India or the Government of a State: or
(ii) being in the service of the Government of India or
the Government of a State, he satisfies all the qualifications (including age) and other conditions prescribed for such recruitment to that service, class, category or post and is permitted to apply for such recruitment by the competent authority; or
(iii) he holds a post, the conditions of service of the holder of which have been declared to be matters not suitable for regulation by rule.
4. The argument is based on the notification issued
prior to 01.4.2013. Then it has to be assumed that the petitioners were recruited prior to 01.04.2013. This argument has been raised without reference to the definition of Rule 2(1) of the Rules. The said Rule reads as follows:
“2(1) A person is said to be “appointed to a service” when in accordance with these rules or in accordance with the rules applicable at the time as the case may be, he discharges for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof. Explanation:- The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service.”
5. The above definition clearly shows that a person
is said to be appointed in the service is only after he discharges for the first time the duties of a post borne on the cadre of such service or commences the probation. The O.P.(KAT) No.336/2023 and conn.cases 15 petitioners cannot claim any right relatable to the period before they borne on the cadre.
6. In the light of the statutory provisions mentioned as above, the petitioners cannot claim that they
were borne in the service prior to 01.04.2013. The judgment
of the Delhi High Court has no binding force. The affirmation of the judgment by the Apex Court, in limine dismissing the special leave petition cannot be treated as binding declaration of law. The petitioners placed further reliance on Ext.P5 Office Memorandum issued by the Government of India dated 03.03.2023 produced in O.P.(KAT) No.336/2023. That office memorandum gives an option to the Central Government Civil Employees who have been appointed against a post or vacancy which was notified for appointment on or before 22.12.2003 to exercise the option to be covered under the National Pension Scheme. It is to be noted that that is only applicable to the Central Government Employees. These original petitions (KAT) fail, and are dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE ln O.P.(KAT) No.336/2023 and conn.cases 16 APPENDIX OF OP(KAT) 392/2023 PETITIONERS' ANNEXURES: ANNEXURE A1 TRUE COPY OF GAZETTE NOTIFICATION DATED
30.12.2009 IN CATEGORY NO.444/2009&445/2009 FOR THE POST OF ASSTANT ENGINEER / TOWN PLANNING OFFICER IN LOCAL SELF GOVT. DE- PARTMENT ISSUED BY SECRETARY K.P.S.C. ANNEXURE A2 TRUE COPY OF RELEVANT PAGES OF RANKED LIST NO. RL.448/2011/ERVII IN CATEGORY NO.444/2009&445/2009 FOR THE POST OF ASSISTANT ENGINEER / TOWN PLANNING OFFICER IN LOCAL SELF GOVT. DEPARTMENT W.E.F 30.09.2011 ISSUED BY SECRETARY K.P.S.C.
ORDER APPOINTMENT
ANNEXURE A3 TRUE COPY OF THE APPOINTMENT ORDER NO .E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 1ST APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A4 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSG DDATED 20.06.2013 FOR THE 2ND APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM ANNEXURE A5 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 3RD APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A6 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 12.09.2013 FOR THE 4TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM.
ANNEXURE A7 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE O.P.(KAT) No.336/2023 and conn.cases 17 5TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A8 TRUE COPY OF APPOINTMENT ORDER NO.
E34400/08/CE/LSGD DATED 27.06.2013 FOR THE 6TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A9 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 7TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM ANNEXURE A10 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 8TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A11 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 28.06.2013 FOR THE 9TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A12 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 10TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A13 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 19.11.2013 FOR THE 11 TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE 14 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 12TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A15 TRUE COPY OF APPOINTMENT ORDER NO. O.P.(KAT) No.336/2023 and conn.cases 18 E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 13TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A16 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 14TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A17 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 15TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A18 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 16TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM. ANNEXURE A19 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 20.06.2013 FOR THE 17TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM ANNEXURE A20 TRUE COPY OF APPOINTMENT ORDER NO. E34400/08/CE/LSGD DATED 25.06.2014 FOR THE 18TH APPLICANT BY THE CHIEF ENGINEER LOCAL SELF GOVT. DEPARTMENT THIRUVANATHAPURAM
ANNEXURE A21 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 01. ANNEXURE A22 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 02. ANNEXURE A23 TRUE COPY OF REPRESENTATION DATED 09.09.21 O.P.(KAT) No.336/2023 and conn.cases 19 BY APPLICANT NO. 03. ANNEXURE A24 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 04. ANNEXURE A25 TRUE COPY OF REPRESENTATION DATED 15.09.21 BY APPLICANT NO. 05. ANNEXURE A26 TRUE COPY OF REPRESENTATION DATED 16.09.21 BY APPLICANT NO. 06. ANNEXURE A27 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 07. ANNEXURE A28 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 08. ANNEXURE A29 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 09. ANNEXURE A30 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO.10. ANNEXURE A31 TRUE COPY OF REPRESENTATION DATED 27.09.21 BY APPLICANT NO. 11. ANNEXURE A32 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 12. ANNEXURE A33 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 13. ANNEXURE A34 TRUE COPY OF REPRESENTATION DATED 18.09.21 O.P.(KAT) No.336/2023 and conn.cases 20 BY APPLICANT NO. 14. ANNEXURE A35 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 15. ANNEXURE A36 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 16. ANNEXURE A37 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 17. ANNEXURE A38 TRUE COPY OF REPRESENTATION DATED 09.09.21 BY APPLICANT NO. 18. ANNEXURE A39 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE
HIGH COURT OF DELHI IN WP(C) NO.2810/2016
DATED 27.03.2017. ANNEXURE 40 THE TRUE COPY OF ORDER OF HONBLE SUPREME COURT OF INDIA IN S.L.P.NO. 39335/2017 DATED 08.01.2018. ANNEXURE A41 THE TRUE COPY OF ORDER DATED 08.12.2020 IN O.A (EKM) 1836/2020 PASSED BY HONOURABLE K.A.T ERNAKULAM BENCH. ANNEXURE A42 THE TRUE COPY OF THE WRITTEN STATEMENT PLACED BY THE HON'BLE FINANCE MINISTER GOVT. OF KERALA IN THE 1ST LESIGISLATIVE ASSEMBLY
SITTING OF THE 15TH KERALA LEGISLATIVE HELD
ON 08.06.2021 AS QUESTION AND ANSWER TO WRITTEN QUESTION NOS.317A,BC&D BY THE HON'BLE MEMBER OF LEGISLATIVE ASSEMBLY DOWNLOADED FROM THE OFFICIAL WEB SITE OF KERALA LEGISLATIVE ASSEMBLY. EXHIBIT P1 THE TRUE PHOTOCOPY OF O.A(EKM) NO. 1755/2021 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL THIRUVANATHAPURAM AT ADDITIONAL BENCH ERNAKULAM DATED 31.10.2021. O.P.(KAT) No.336/2023 and conn.cases 21 EXHIBIT P2 CERTIFIED COPY OF ORDER DATED 25.11.2022 IN OA (EKM) 1755/2021OF THE KAT, THIRUVANANTHAPURAM, (ADDL. BENCH ERNAKULAM. EXHIBIT P3 TRUE COPY GOVT. OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PENSION & PENSIONER'S WELFARE) LOK SABHA UNSTARRED QUESTION NO. 589 AND ITS ANSWER ALONG WITH ANNEXURE- A OBTAINED FROM OFFICIAL WEB SITE OF LOK SABHA PROCEEDINGS DATED 20.07.2022. EXHIBIT P4 THE TRUE COPY OF OFFICE MEMORANDUM NO.57/05/2021-P&PW(B) GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PENSION AND PENSIONERS WELFARE .LOKNAYAK BHAVAN, KHANMARKET NEW DELHI DATED 03.03.2023. O.P.(KAT) No.336/2023 and conn.cases 22 APPENDIX OF OP(KAT) 337/2023 PETITIONERS' ANNEXURES: ANNEXURE A1 TRUE COPY OF GAZETTE NOTIFICATION BY THE PSC IN CATEGORY NO. 403 /2007DATED 12.11.2007 PUBLISHED IN MATHRUBHOOMI THOZHILVARTHA DATED 24.11.2007.
ANNEXURE A2 TRUE COPY OF RELEVANT PAGES OF RANKED LIST NO. 544/11/ER3 IN CATEGORY NO. 403/2007 DATED 27.12.2011. ANNEXURE A3 TRUE COPY OF APPOINTMEN TORDERNO.A1/1700/2012/ TELE DATED 13.03.2014 ISSUED TO 1ST APPLICANT. ANNEXURE A4 TRUE COPY OF APPOINTMENT ORDER NO. A1/1700/2012/TELE DATED 18.12.2014 ISSUED TO 2ND APPLICANT. ANNEXURE A5 TRUE COPY OF APPOINTMENT ORDER NO.A1/1700/ 2012 / TELE DATED 13.03.2014 ISSUED TO 3RD ANNEXURE A6 TRUE COPY OF APPOINTMENT ORDER NO.A1/1700/ 2012 / TELE DATED 13.03.2014 ISSUED TO 4TH ANNEXURE A7 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE
HIGH COURT OF DELHI IN WP(C) NO.2810/2016
DATED 27.03.2017. ANNEXURE A8 THE TRUE COPY OF ORDER DATED 08.01.2018 IN S.L.P.NO. 39335/2017 OF HONBLE SUPREME COURT OF INDIA. ANNEXURE A9 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 09.11.2019 ISSUED BY THE 1ST ANNEXURE A10 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 2ND O.P.(KAT) No.336/2023 and conn.cases 23 ANNEXURE A11 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 3RD ANNEXURE A12 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 4TH
ANNEXURE A13 TRUE COPY OF THE GOVERNMENT ORDER
NO.132/2019 DATED 30.09.2019 PASSED BY THE FINANCE DEPARTMENT, GOVT OF KERALA. ANNEXURE A14 THE TRUE PHOTOCOPY OF THE STAY ORDER IN MA
(EKM) NO.2026/2019 IN O.A.(EKM) 1782/2019
OF THIS HON'BLE TRIBUNAL. ANNEXURE A15 THE TRUE PHOTOCOPY OF THE APPOINTMENT CHART AS PER FILE NO.RIA(3)1935/12/GW WITH RESPECT TO THE APPLICANTS. EXHIBIT P1 THE TRUE COPY OF O.A(EKM) 2027/2019 DATED 13.11.2019. EXHIBIT P2 THE CERTIFIED COPY OF FINAL ORDER DATED 25.11.2022. IN OA(EKM)2027/2019, PASSED BY KERALA ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH. EXHIBIT P3 THE TRUE COPY OF LOK SABHA PROCEEDINGS DATED 20.07.2022 IN THE QUESTION HOUR AS PER QUESTION NO.589 THE QUESTION ( A) TO
(D) AND THEIR ANSWERS ALONG WITH ATTACHED ANNEXURE -A. EXHIBIT P4 THE TRUE PHOTO COPY OF OFFICE MEMORANDUM
NO.57/05/2021-P&PW(B) GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PENSION AND PENSIONERS WELFARE LOKNAYAK BHAVAN, KHAN MARKET NEW DELHI DATED 03.03.2023. O.P.(KAT) No.336/2023 and conn.cases 24 APPENDIX OF OP(KAT) 359/2023 PETITIONERS' ANNEXURES: ANNEXURE A1 TRUE COPY OF GAZETTE NOTIFICATION BY THE PSC IN CATEGORY NO.403 /2007 DATED 12.11.2007 PUBLISHED IN MATHRUBHOOMI THOZHILVARTHA DATED 24.11.2007.
ANNEXURE A2 TRUE COPY OF RELEVANT PAGES OF RANKED LIST NO. 544/11/ER3 IN CATEGORY NO. 403/2007 DATED 27.12.2011. ANNEXURE A3 THE TRUE PHOTOCOPY OF THE APPOINTMENT CHART AS PER FILE NO.RIA(3)1935/12/GW WITH RESPECT TO THE APPLICANTS. ANNEXURE A4 TRUE PHOTO COPY OF APPOINTMENT ORDER NO. A1/1700/2012/TELE DATED 13.03.2014 ISSUED TO 1ST APPLICANT. ANNEXURE A5 TRUE COPY OF APPOINTMENT ORDER NO.A1/1700/ 2012 / TELE DATED 13.03.2014 ISSUED TO 2ND
ANNEXURE A6 TRUE PHOTO COPY OF APPOINTMENT ORDER
NO.A1/1700/2012 / TELE DATED 13.03.2014 ISSUED TO 3RD APPLICANT.
ANNEXURE A7 TRUE PHOTO COPY OF APPOINT ORDER
NO.A1/1700/2012/TELE DATED 13.03.2014 ISSUED TO THE 4TH APPLICANT.
ANNEXURE A8 TRUE PHOTO COPY OF APPOINT ORDER
NO.A1/1700/2012/TELE DATED 13.03.2014 ISSUED TO THE 5TH APPLICANT.
ANNEXURE A9 TRUE PHOTO COPY OF APPOINT ORDER
NO.A1/1700/2012/TELE DATED 13.03.2014 ISSUED TO THE 6TH APPLICANT. ANNEXURE A10 TRUE PHOTO COPY OF JUDGMENT OF THE HON'BLE
HIGH COURT OF DELHI IN W.P.C.NO.2810/2016
DATED 27.03.2017. ANNEXURE A11 THE TRUE PHOTOCOPY OF THE ORDER DATED O.P.(KAT) No.336/2023 and conn.cases 25 08.01.2018 IN S.L.P NO.39335/2017 OF OF HON'BLE SUPREME COURT OF INDIA AGAINST THE
JUDGEMENT IN W.P.C.NO.2810/2016.
ANNEXURE A12 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 1ST ANNEXURE A13 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12.11.2019 ISSUED BY THE 2ND ANNEXURE A14 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 08.11.2019 ISSUED BY THE 3RD ANNEXURE A15 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 88 07.11.2019 ISSUED BY THE 4TH ANNEXURE A16 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 08.11.2019 ISSUED BY THE 5TH ANNEXURE A17 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13.11.2019 ISSUED BY THE 6TH ANNEXURE A18 THE TRUE COPY OF GOVERNMENT GO(P)NO.132/2019 DATED 30.09.2019 PASSED BY THE FINANCE DEPARTMENT GOVERNMENT OF KERALA. ANNEXURE A19 THE TRUE COPY OF STAY ORDER IN MA(EKM) NO.2026/2019 IN O.A.(EKM)1782/2019 OF THE HON'BLE TRIBUNAL. EXHIBIT P1 THE TRUE COPY OF O.A(EKM) 2024/2019 DATED 14.11.2019. EXHIBIT P2 THE CERTIFIED COPY OF FINAL ORDER DATED 25.11.2022. IN OA(EKM)2024/2019, PASSED BY KERALA ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH. O.P.(KAT) No.336/2023 and conn.cases 26 EXHIBIT P3 THE TRUE COPY OF LOK SABHA PROCEEDINGS DATED 20.07.2022 IN THE QUESTION HOUR AS PER QUESTION NO.589 THE QUESTION ( A) TO
(D) AND THEIR ANSWERS ALONG WITH ATTACHED ANNEXURE -A. EXHIBIT P4 THE TRUE PHOTO COPY OF OFFICE MEMORANDUM
NO.57/05/2021-P&PW(B) GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PENSION AND PENSIONERS WELFARE LOKNAYAK BHAVAN, KHAN MARKET NEW DELHI DATED 03.03.2023. O.P.(KAT) No.336/2023 and conn.cases 27 APPENDIX OF OP(KAT) 336/2023 PETITIONERS' ANNEXURES: ANNEXURE A1 TRUE COPY OF GAZETTE NOTIFICATION BY THE PSCIN CATEGORY NO. 403/2007 DATED 12.11.2007 PUBLISHED IN MATHRUBHOOMI THOZHILVARTHA DATED 24.11.2007. ANNEXURE A2 TRUE COPY OF RELEVANT PAGES OF RANKED LIST NO. 544/11/ER3 IN CATEGORY NO.
ANNEXURE A3 TRUE COPY OF APPOINTMENT ORDER
NO.A1/1700/2012/TELE DATED 13.03.2014 ISSUED TO 1ST APPLICANT. ANNEXUR A4 TRUE COPY OF APPOINTMENT ORDER NO. A1/1700/2012/TELE DATED 13.03.2014 ISSUED TO 2ND APPLICANT.
ANNEXURE A5 TRUE COPY OF APPOINTMENT ORDER
NO.A1/1700/ 2012 / TELE DATED 13.03.2014 ISSUED TO 3RD APPLICANT. ANNEXURE A6 TRUE COPY OF THE JUDGMENT OF THE
HONOURABLE HIGH COURT OF DELHI IN WP(C)
NO.2810/2016 DATED 27.03.2017. ANNEXURE A7 THE TRUE COPY OF ORDER OF HONBLE SUPREME COURT OF INDIA IN S.L.P.NO. 39335/2017 DATED 08.01.2018. ANNEXURE A8 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 1ST ANNEXURE A9 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 2ND ANNEXURE A10 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.11.2019 ISSUED BY THE 3RD
ANNEXURE A11 THE TRUE COPY OF GOVERNMENT ORDER
O.P.(KAT) No.336/2023 and conn.cases 28 GO(P)NO.132/2019 DATED 30.09.2019 PASSED BY THE FINANCE DEPARTMENT GOVERNMENT OF KERALA. ANNEXURE A12 THE TRUE COPY OF STAY ORDER IN MA(EKM) NO.2026/2019 IN O.A.(EKM)1782/2019 OF THE HON'BLE TRIBUNAL. EXHIBIT P1 THE TRUE COPY OF O.A(EKM) 2026/2019 DATED 13.11.2019. EXHIBIT P2 THE TRUE COPY OF REPLY STATEMENT FILED BY THE RESPONDENT DATED 27.10.2022 BEFORE THE TRIBUNAL IN O.A(EKM) NO.2026/2019. EXHIBIT P3 THE CERTIFIED COPY OF FINAL ORDER DATED 25.11.2022. IN OA( EKM) 2026/ 2019, PASSED BY KERALA ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH. EXHIBIT P4 THE TRUE COPY OF LOK SABHA PROCEEDINGS DATED 20.07.2022 IN THE QUESTION HOUR AS PER QUESTION NO.589 THE QUESTION ( A) TO
(D) AND THEIR ANSWERS ALONG WITH ATTACHED ANNEXURE -A. EXHIBIT P5 THE TRUE PHOTO COPY OF OFFICE MEMORANDUM
NO.57/05/2021-P&PW(B) GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PENSION AND PENSIONERS WELFARE LOKNAYAK BHAVAN, KHANMARKET NEW DELHI DATED 03.03.2023.