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Faseela.K.a. vs State of Kerala

Faseela.K.a. vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 22, 2021
~18 min read
https://sooperkanoon.com/case/1663456

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/16955/2019

Parties & Advocates

Appellant / Petitioner

Faseela.K.a.

Respondent

State of Kerala

Excerpt

.....has been passed rejecting the case of petitioners by relying upon provisions of rules referred to above. in support of such pleadings learned counsel representing the petitioners had taken the following grounds for setting aside the impugned order;i) the impugned order is absolutely illegal and arbitrary. it is misinterpretation of the rules aforementioned. respondents have been appointed later and completed the probation later and as per the seniority list, they have been given promotion from the date they completed their probation as senior grade assistant in the pay scale of 16180-29180. the chart given by them depicts that petitioners were not only appointed earlier but even completed their probation earlier than the respondents.ii) the assignment of seniority to respondents is based upon irrelevant and extraneous considerations rather vitiated from mala fides, without any authority and against the provisions of ks & ssr. juniors have been placed above the petitioner which is in clear violation of rules 27, 28(a)(i) of ks & ssr.10. per contra the learned counsel for respondents on theother hand opposed the aforementioned submissions and supported impugned order by submitting that clause (a) of part i of chapter iii of cochin university first statutes 1981 as submitted earlier prescribing terms and conditions of service of staff of cochin university other than university teachers, the provisions of kerala state and subordinate service rules, 1958 ,as amended from timeto time, shall mutatis mutandis apply to all the university employees. the promotion of the petitioners was done as per the provisions of the aforementioned rules. though vacancies were available for promotion to the post of senior grade assistant, the protection period of one year on duty by virtue of rule 28(a)(i) of ks & ssr in respect of the petitioners was over. respondents 3 to 6 acquired the test qualification for both probation and promotion within the first year of their.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 WP(C).No.16955 OF 2019(T) PETITIONERS: 1 FASEELA.K.A. AGED 31 YEARS COCHIN UNIVERSITY P.O., COCHIN-682 022 2 SUMY THOMAS, COCHIN UNIVERSITY P.O., COCHIN-682 022 3 AMBILY.G., COCHIN UNIVERSITY P.O.,COCHIN-682 022 4 ANITHA SAMUEL COCHIN UNIVERSITY P.O.,COCHIN-682 022 BY ADVS. SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN KUM.T.S.ATHIRA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN-682 022, REPRESENTED BY ITS REGISTRAR

3 SMT.STEENA STEPHEN, COCHIN UNIVERSITY P.O.,COCHIN-682 022 4 SMT. SHEHENA KUNJUMON.A., COCHIN UNIVERSITY P.O.,COCHIN-682 022 5 SMT.S. MAYADEVI, COCHIN UNIVERSITY P.O.,COCHIN-682 022 6 SRI.M.V.SAJEEV, COCHIN UNIVERSITY P.O.,COCHIN-682 022 R2 BY SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY R3-6 BY ADV. SRI.S.JAMES VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

22.01.2021, ALONG WITH WP(C).24718/2019(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 WP(C).No.24718 OF 2019(L) PETITIONER: ANUPAMA V.NAIR AGED 33 YEARS, W/O.M.S.MANU, DEPARTMENT OF COMPUTER SCIENCE, RESIDING AT MADASSERIL HOUSE, KANAYANNUR P.O., CHOTTANIKAKRA (VIA), ERNAKULAM DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN-682 022, REPRESENTED BY ITS REGISTRAR. 3 SMT.STEENA STEPHEN, COCHIN UNIVERSITY P.O., COCHIN-682 022. 4 SMT.SHEHENA KUNJUMON.A., COCHIN UNIVERSITY P.O., COCHIN-682 022. 5 SMT.S.MAYADEVI, COCHIN UNIVERSITY P.O., COCHIN-682 022. 6 SR.M.V.SAJEEV, COCHIN UNIVERSITY P.O., COCHIN-682 022. R2 BY SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY R3-6 BY ADV. SRI.S.JAMES VINCENT R3-6 BY ADV. SRI.J.MARY HELP JOHN DAVID GP SRI B HARISH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2021, ALONG WITH WP(C).16955/2019(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

[ WP(C).16955/2019, WP(C).24718/2019 ] Dated this the 22nd day of January 2021 This judgment shall dispose of two writ petitions, viz. W.P.

(C).No. 16955 of 2019 (1st petition) filed on behalf of four petitioners and W.P.(C).No.24718/2019 (2nd petition) filed on behalf of one petitioner namely Smt.Anupama V. Nair. Challenge in both writ petitions has been laid to orders dated 26.11.2012 and 10.05.2019 pertaining to placing the petitioners below the juniors in the seniority list on account of fact of not passing the test for the purpose of promotion to the post of Senior Grade Assistant.

2. Counsels representing parties to lis referred to the

relevant facts which are ad idem regarding the applicability of Rule 28(a)(i) and 28(bb) of Kerala State and Subordinate Services Rules, 1958 (hereinafter called 'KS & SSR Rules' for short) in view of the provisions in the statutes of Cochin University of Science and Technology (hereinafter called 'CUSAT' for short).

3. The interpretation of the Rules would be dealt with after discussing the facts and submissions of rival parties.

4. Respondent University invited applications through notification dated 06.07.2010 for appointment to the post of

Assistant. All petitioners were appointed as Assistants. Petitioners 1 and 4 (1st petition) were advised on 11.11.2010 and joined duty on 22.11.2010 and 20.11.2010 (Exts.P2 and P3) whereas petitioners 2 and 3 (1st petition) were advised on 15.07.2010 and they joined duty on 21.07.2010 and 16.07.2010 respectively (Petitioners in W.P. (C).No.16955/2019) whereas Smt.Anupama V.Nair (Petitioner in W.P.(C).No.24718/2019) ie 2nd petition, joined duty on 21.07.2010.

From here onwards, Petitioners in first petition successfully completed their period of probation on following dates; i) 22.01.2012, ii) 21.07.2011, iii)17.07.2011 and iv) 20.11.2011 whereas the petitioner in second petition completed the period of probation on 21.07.2011.

5. The case of petitioners as admitted by respondents 3 to 6

are that petitioners in the first writ petition cleared their Secretariat Office Manual Test (SOM) on following dates; Petitioner No.1 passed her SOM on 21.01.2012, Petitioner No.2 on 20.07.2011, Petitioner No.3 on 13.01.2011 and Petitioner No.4 on 20.07.2011 whereas petitioner in second writ petition on 20.07.2011.

6. Respondent Nos. 3 to 6, in both petitions, were advised

for appointment as Assistants during the year 2011 and they joined duty on the following dates; i) 28.02.2011, ii) 16.05.2011, iii) 08.06.2011 and vi) 12.10.2012.

7. As per the seniority list Ext.P3 produced in the second

petition, petitioners in the first writ petition were at serial Nos.64, 42, 23 and 66, the petitioner in the second writ petition at Sl.No.38 and respondents 3 to 5 at Sl.Nos.69, 74, 78 whereas respondent No.6 was not shown in the seniority list but completed probation only on 14.10.2012.

8. Probation of respondents 3 and 4 were declared with effect from 28.02.2012 and 16.05.2012 respectively, whereas, in the case of respondents 5 and 6, their declared with effect from 08.06.2012 and 14.10.2012.

9. Learned counsel appearing on behalf of petitioners

submittted that though petitioners had acquired the test qualification for promotion and completed the probation but despite availability of vacancies in the cadre of Senior Grade Assistants, promotions were not effected. Respondents are juniors to petitioners based upon the joining date and completion of the probation as per the impugned decision Ext.P7 dated 26.12.2012. Respondents 3 to 6 have been

given promotion with effect from 28.02.2012, 16.05.2012, 08.06.2012 and 14.10.2012 whereas petitioners in the first writ petition, with effect from 22.01.2012, 11.01.2012, 11.01.2012 and 11.01.2012 and the petitioner in the second writ petition, on

11.01.2012. A detailed representation was submitted to the Registrar to correct the fallacy/anomaly but since no action was taken even the jurisdiction of this Court was invoked. It is on that background the impugned order dated 10.05.2019 (Ext.P15 in the first petition) has been passed rejecting the case of petitioners by relying upon provisions of Rules referred to above. In support of such pleadings learned counsel representing the petitioners had taken the following grounds for setting aside the impugned order;

i) The impugned order is absolutely illegal and arbitrary. It is misinterpretation of the Rules aforementioned. Respondents have been appointed later and completed the probation later and as per the seniority list, they have been given promotion from the date they completed their probation as Senior Grade Assistant in the pay scale of 16180-29180. The chart given by them depicts that petitioners were not only appointed earlier but even completed their probation earlier than the respondents.

ii) The assignment of seniority to respondents is based upon irrelevant and extraneous considerations rather vitiated from mala fides, without any authority and against the provisions of KS & SSR. Juniors have been placed above the petitioner which is in clear violation of Rules 27, 28(a)(i) of KS & SSR.

10. Per Contra the learned counsel for respondents on the

other hand opposed the aforementioned submissions and supported impugned order by submitting that clause (a) of Part I of Chapter III of Cochin University First Statutes 1981 as submitted earlier prescribing terms and conditions of service of staff of Cochin University other than University teachers, the provisions of Kerala State and Subordinate Service Rules, 1958 ,as amended from time

to time, shall mutatis mutandis apply to all the university employees. The promotion of the petitioners was done as per the provisions of the aforementioned Rules. Though vacancies were available for promotion to the post of Senior Grade Assistant, the protection period of one year on duty by virtue of Rule 28(a)(i) of KS & SSR in respect of the petitioners was over. Respondents 3 to 6 acquired the test qualification for both probation and promotion within the first year of their service and they were having the right

of protection from being superseded by the inter university transferees as well as unqualified petitioners, who became juniors. It was in that background, respondents were placed above the

petitioners. Petitioners failed to acquire the mandatory test qualification within the time and as and when the vacancies occurred in the higher post, nor, given the protection or the seniority while effecting promotion. They had lost their claim on account of not passing the obligatory test for promotion within the protection period of one year or had made any complaints against the placement of inter university transferees above them. It was admitted that vacancies in the higher post were listed but, since failed to acquire mandatory test qualification, were not promoted and were considered for promotion only after acquiring mandatory test. On the other hand, respondents 3 to 6, who were juniors to petitioners in the category of Assistant passed obligatory tests during the period prescribed for probation and granted promotion with effect from the date of declaration of their promotion in accordance with KS & SSR Rules, 1958.

11. Private respondents represented by the counsel also supported their promotion adopting the arguments submitted on

behalf of the university. They also added that the date of joining would not determine the seniority for claiming promotion to the higher post; only when all the formalities are complied with by completion of the probation period and securing test qualification for further promotion the date of joining would be relevant. All

petitioners including other 27 employees qualified both probation and promotion ahead of petitioners and consequently became seniors to them. The order of promotion are strictly in compliance with the provisions of Rule 28(a)(i) and also 28(bb) and urges this Court for dismissal of this writ petition.

12. I have heard the learned counsel for the parties and appraised the paper book. At this stage, I would be extracting Rule 28(a)(i) as well as Rule 28(bb) of KS & SSR Rules, 1958:

“28. (a) Promotion. (i) Except in the case of appointment to the posts of Heads of Department no member of a service or class of a service shall be eligible for promotion from the category in which he was appointed to the service unless he has satisfactorily completed his probation in that category: Provided that a probationer in a class, category or grade shall not be superseded for promotion to a higher class, category or grade by his junior, if the vacancy in the higher class, category or grade arises within the period specified in the Special Rules for completion of probation in the class, category or grade in which

he is probationer and if he has passed the test or tests prescribed for successful completion of probation and is otherwise eligible and suitable for such promotion; but his promotion shall be subject to the condition that he satisfactorily completes the probation in the class, category or grade from which he was promoted within the period prescribed thererefor, and for this purpose the period of service put in by him in the higher class, category or grade shall be reckoned towards probation in the class, category or grade from which he was promoted and also in the class, category or grade to which he was promoted: Provided further that if a probationer promoted in pursuance of the above proviso fails to complete his probation in the class, category or grade from which he was promoted within the period prescribed therefor, his probation in the higher class, category or grade shall be terminated and he shall be reverted to the class, category or grade from which he was promoted, and any subsequent promotion of such person to the higher class, category or grade shall not also entitle such person to claim seniority in the higher class, category or grade by reason only of his previous promotion in pursuance of the preceding proviso and he shall commence probation afresh in that class, category or grade from the date of such subsequent promotion.

28.(bb) Promotion which depends upon the passing of any examination.- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotions is taken up. “

13. On plain and simple reading of proviso to Rule 28(a)(i) if read in short sentences and on drill would mean;

i) probationer in a class, category or grade shall not be superseded for promotion to a higher class, category or grade by his junior. ii) if the vacancy in the higher class, category or grade arises within the period specified in the Special Rules for completion of probation in the class, category or grade in which he is probationer. iii) and if he has passed the test or tests prescribed for such promotions. iv) but his promotion shall be subject to the condition that he satisfactorily completes the probation in the class, category or grade from which he was promoted within the specified period. v) and for this purpose the period of service put in by him in higher class, category or grade shall be reckoned towards probation in the class, category or grade from which he was promoted. vi). and also in the class, category or grade to which he was promoted.

14. For sake of repetition the cumulative effect of all the

conditions of the proviso in a segregated manner provides that there is no such condition that on failing to acquire the test, the promotion of the persons on occurrence of vacancy would be not considered or would lose seniority.

15. The reliance to Rules 28(bb) envisage situation where

promotion in a service or class depends upon the passing of any examination (General or Departmental) at the time of occurrence of vacancy and not with reference to those at the time when the question of promotion is taken up. It would mean that the test would be only called for if the vacancy had occurred but the candidate should not wait when the question of promotion is taken up.

16. Respondent No.2 in the first petition has given in

tabulated form the names of the persons, date of joining of their services, completion of one year, acquisition of mandatory test qualification ie., SOM, account test, date of declaration of probation and promotion, the same reads as under: Date of acquiring Date of mandatory Test completion of Qualifications Name of the Date of joining one year on Date of

Sl.No.     Officer       University      duty from the                             declaration of
                          service           date of                                 probation
                                                          SOM       Account Test

joining University Service

1       Steena            28.02.2011 FN    27.02.2012    20.07.2011   06.07.2011    28.02.2012
        Stephan                            AN                                       FN
2       Shehena           16.05.2011 FN    15.05.2012    20.07.2011   10.01.2012    16.05.2012
        Kunjumon A                         AN                                       FN
3       Maya Devi S       08.06.2011 FN    07.06.2012    21.01.2012   10.01.2012    08.06.2012
                                           AN                                       FN
4       Aswathy A L       08.06.2011 FN    07.06.2012    21.01.2012   Jan 2014      08.06.2012
                                           AN                                       FN
5       Sajeev M V        12.10.2011 FN    13.10.2012    13.01.2011   05.01.2006    14.10.2012
                                           AN                                       FN
6       Leena             01.12.2011 FN    NA            NA           NA            NA

Vasudev (IUT) 7 Anna T A 01.12.2011 FN NA NA NA NA (IUT)

8       Ambily G          16.07.2010 AN    16.07.2011    13.01.2011   10.01.2012    17.07.2011
                                           AN                                       FN
9       Anupama V         21.07.2010 FN    20.07.2011    20.07.2011   10.01.2012    21.07.2011
        Nair                               AN                                       FN
10      Sumy Thomas 21.07.2010 FN          20.07.2011    20.07.2011   10.01.2012    21.07.2011
                                           AN                                       FN
11      Anitha            20.11.2010 FN    19.11.2011    20.07.2011   10.01.2012    20.11.2011
        Samuel                             AN                                       FN
12      Faseela K A       22.11.2010 FN    21.11.2011    21.01.2012   10.01.2012    22.01.2012
                                           AN                                       FN

17. All petitioners on perusal of the chart, which is not

disputed by respondents as well as private respondents, had cleared their SOM examination prior to respondents. Respondent No.3 completed on 20.07.2011, respondent No.4 on 20.07.2011, respondent No5. on 21.01.2012 and respondent No.6 on 13.01.2011. It is a matter of record that the vacancies had occurred for the purpose of the petitioner No.1 on 09.09.2011, petitioner No.2

on 16.05.2011, Petitioner No.3 on 01.04.2011 and petitioner No.4 on 15.06.2011 and the petitioner in second writ petition on 16.04.2011 whereas for the private respondents also this vacancies occurred on 1.04.2011 but, the reasoning assigned was that no eligible candidate was available. From the chart extracted above, it is evident that all respondents except respondent No.4 had cleared their test after the occurrence of the vacancy along with petitioners.

18. As far as the clearance of account test is concerned all

petitioners had cleared test qualification on 10.1.2012, whereas respondent Nos.4 & 5 cleared the test along with petitioners on 10.01.2012, except respondent Nos.3 & 6, who cleared the test

qualification on 06.07.2012, 5.1.2016 respectively. The chart aforementioned placed on record by respondents thus clearly makes out the case of discrimination placing petitioners in the seniority list junior to respondents 3 and 4 and the reasoning assigned as noticed above is only a figment of imagination and not in accordance with the provisions of the Rules and also the factual facts as depicted above.

19. Proviso to Rule 28(a)(i), rather supports the case of petitioners as respondent Nos. 3 to 6 superseded them for the purpose of promotion as the test mentioned only for the purpose of probation and not for any promotion. As an upshot of my findings, the impugned orders dated

26.11.2012 and 10.05.2019 are not sustainable and hereby set aside. Respondents are directed to assign petitioners' seniority above respondent Nos. 3 to 6 strictly in accordance with Rule 28(a) of KS & SSR Rules, 1958 as expeditiously as possible but not later than two months.

Sd/- AMIT RAWAL JUDGE nak APPENDIX OF WP(C) 16955/2019 PETITIONERS' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER VIDE NO.AD.A1153/2010(A) DATED 13.08.2010 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER VIDE NO.AD.A1/153/2010(A) DATED 22.11.2010 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER VIDE NO.AD.A1/153/2010(A) DATED 30.11.2010 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER VIDE NO.AD.A1/158/2012 DATED 25.1.2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER VIDE NO.AD.A1/158/2012 DATED 30.04.2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER VIDE NO.AD.A1/158/2012 DATED 23.07.2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER VIDE NO.AD.A1/153(P)/99 (VOL.V) DATED 26.12.2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF SUBMISSION DATED 24.12.2012 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF SUBMISSION DATED 24.12.2012 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF SUBMISSION DATED 29.12.2012 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P11 TRUE COPY OF SUBMISSION DATED 29.12.2012 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P12 TRUE COPY OF REPLY VIDE NO.AD.A1/153(P)/99(VOL.V) ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER EXHIBIT P13 TRUE COPY OF THE REMINDER DATED 10.12.2018 SUBMITTED BY 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 27.02.2019 IN W.P(C) NO.5865/2019 OF THIS HON'BLE COURT EXHIBIT P15 TRUE COPY OF THE MEMO VIDE NO.AD.A1/103/MISC/ESTT.2018(2) DATED 10.05.2019 ISSUED BY THE UNIVERISTY EXHIBIT P16 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT SUBMITTED BY THE 2ND PETITIONER ON 16.05.2019 EXHIBIT P17 TRUE COPY OF HE ANSWER NO.AD.A2/203/RTI/2019 OBTAINED UNDER RIGHT TO INFORMATION ACT ON 14.06.2019 RESPONDENT'S/S EXHIBITS: EXHIBIT R3(A) TRUE COPY OF NOTE NO.ADA1/153(P)/99(VOL.V)

(PF9) FURNISHED BY THE COCHIN UNIVERSITY

OF SCIENCE & TECHNOLOGY TO THE 3RD RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT R3(B) TRUE COPY OF ORDER U.O.NO.AD.A1/153(P)/99 (VOL.V) DATED 17.05.2012. EXHIBIT R3(C) TRUE COPY OF JUDGMENT DATED 08.01.2015 IN W.P.C. 30151/2011 OF THE HON'BLE HIGH COURT OF KERALA EXHIBIT R3(d) TRUE COPY OF ORDER NO.FIN.II/F904/2011 DATED 21.12.2012 ISSUED BY COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, KOCHI - 682 022 EXHIBIT R3(E) TRUE COPY OF ORDER NO.FIN.II/FF904/2011 DATED 12.2.2013 ISSUED BY COCHIN UNIVERISTY OF SCIENCE & EXHIBIT R2(a) TRUE COPY OF THE TABULAR SHEET SHOWING THE

DATE OF OCCURRENCE OF VACANCIES IN THE POST OF SENIOR GRADE ASSISTANT SINCE THE PUBLISHING OF GRADATION LIST IN THE CATEGORY OF ASSISTANT, AS ON 15.07.2011 BY THE UNIVERSITY.

APPENDIX OF WP(C) 24718/2019 PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ORDER APPOINTING THE PETITIONER TO THE POST OF ASSISTANT. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 24.08.2011 DECLARING THE PROBATION OF THE PETITIONER WITH EFFECT FROM 21.07.2011. EXHIBIT P3 A TRUE RELEVANT OF THE SENIORITY LIT OF ASSISTANTS. EXHIBIT P4 A TRUE COPY OF THE DOCUMENT SHOWING THE DECLARATION OF PROBATION IN RESPECT OF THE 3RD RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE DOCUMENT SHOWING THE DECLARATION OF PROBATION IN RESPECT OF THE 4TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 26.11.2012 ISSUED BY THE 2ND RESPONDENT PROMOTING THE PETIITONER AS SENIOR GRADD ASSISTANT. EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 27.02.2019 IN WP(C)NO.5865 OF 2019. EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PEITITONER DATED 29.04.2019. EXHIBIT P9 A TRUE COPY OF THE MEMO DATED 10.05.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 21.06.2019 IN WP(C)NO.16955 OF 2019. RESPONDENTS' EXHIBITS: EXHIBIT R3 A TRUE COPY OF U.O. NO. AD/A1/153(P)/99 (VOL.V) DATED 17.05.2012 ISSUED BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY EXHIBIT R3 B TRUE COPY OF THE JUDGMENT IN WPC HONOURABLE HIGH COURT OF KERALA EXHIBIT R3 C TRUE COPY OF ORDER NO. FIN II/F/904/2011 DATED 12.02.2013 ISSUED BY THE COCHIN UNIVERISTY OF SCIENCE AND TECHNOLOGY EXHIBIT R2 A TRUE COPY OF THE TABULAR SHEET SHOWING THE

DATE OF OCCURRENCE OF VACANCIES IN THE POST OF SENIOR GRADE ASSISTANT SINCE THE PUBLISHING OF GRADATION LIST IN THE CATEGORY OF ASSISTANT , AS ON 15.07.2011 BY THE UNIVERSITY

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