IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(KAT).No.375 OF 2020
AGAINST THE ORDER IN OA (EKM) 1039/2017 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED
13/11/2019
PETITIONERS/RESPONDENTS 1 & 2 IN OA:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA
2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTINAL
SERVICE,
PRISON HEADQUARTERS,POOJAPPURA,
THIRUVANANTHAPURAM-695 012, KERALA
BY SR GOVERNMENT PLEADER SRI.T.RAJASEKHARAN NAIR
RESPONDENTS/APPLICANTS & RESPONDENTS 3 TO 5 IN O.A.:
1 M.K.MOHANDAS
S/O. LATE M.KRISHNANKUTTY GUPTAN, WARDEN
(ASSISTANT PRISON OFFICER) ,SUB JAIL,
OTTAPPALAM, PALAKKAD-679 101, RESIDING AT
THEERTHAM (MANNAZHY) KADAMPAZHIPURAM POST,
PALAKKAD, KERALA-678 633
2 SURESH.V.,
S/O. LATE VELAYUDHAN, WARDEN (ASSISTANT PRISON
OFFICER),SUB JAIL,ALATHUR, PALAKKAD-678 541,
RESIDING AT ERAPPIL HOUSE, PANGAMPARA, KOOTTALA
P.O., KUNISSERY-678 681, THRISSUR , KERALA
OP(KAT) Nos.375,417 & 422/2020
-:2:-
3 C.DEVENDRAN
S/O. LATE CHELLAN, WARDEN (ASSISTANT PRISON
OFFICER),SUB JAIL, ALATHUR, PALAKKAD-678 541,
RESIDING AT KADUNGATH HOUSE, MATHUR ARGAHARAM
POST, PALAKKAD-678 571, KERALA
4 JITHESH
S/O. V.RAGHVAN, WARDEN (ASSISTANT PRISON
OFFICER), CENTRAL PRISON AND CORRECTIONAL LANE,
KANNUR-670 004, RESIDING AT HARICHANDANAM 12TH
MILE.P.O., MANATHERI, KUTHUPARAMBA, KANNUR-670
643, KERALA
5 ANOOP.K.K.,
S/O.K.KARUNAN, WARDEN (ASSISTANT PRISON
OFFICER), SPECIAL SUB JAIL, VYTHIRI , WAYANAD-
673 576, RESIDING AT KUNIYIL HOUSE, AMBUKUTHY,
MANATHAVADY P.O., WAYANAD-670 645,KERALA
6 M.MUJEEBU REHMAN,
S/O. MUHAMMED HANEEFA, WARDEN (ASSISTANT PRISON
OFFICER),SUB JAIL, ALATHUR, PALAKKAD-678
541,RESIDING AT K.S.M.MANZIO, KAMBARATHCHALLA,
MUTHALAMADA P.O., PALAKKAD-678 507, KERALA
7 C.SIBU,
S/O. CHAMY, WARDEN (ASSISTANT PRISON
OFFICER),SPECIAL SUB JAIL, PALAKKAD-678 001,
RESIDING AT MATTUKAL P.O., CHITUR, PALAKKAD-678
101, KERALA
8 S.ANILKUMAR,
S/O.SUKUMARAN P., WARDEN (ASSISTANT PRISON
OFFICER), SPECIAL SUB JAIL, PALAKKD-678 001,
RESIDING AT VAOSAKH, ANAMURI, KOLLENGODE,
PALAKKAD-678 605, KERALA
9 K.M.AREEF,
S/O. MUHAMMED, WARDEN (ASSISTANT PRISON
OFFICER), SPECIAL SUB JAIL, IRINJALAKUDA,
THRISSUR-680 121, RESIDING AT KAKKERY HOUSE,
P.O.PAZHUVIL WEST, THRISSUR-680 564, KERALA
OP(KAT) Nos.375,417 & 422/2020
-:3:-
10 SHON VARGHESE
S/O. VARGHESE, WARDEN (ASSISTANT PRISON
OFFICER), SPECIAL SUB JAIL, MUVATTUPUZHA,
ERNAKULAM-686 661, RESIDING AT AREECKAL HOUSE,
ANGAMALY P.O., JOSEPURAM, ERNAKULAM-683 572,
KERALA
11 SUDHEESH.V.V.
S/O. VASUDEVAN, WARDEN (ASSISTANT PRISON
OFFICER) DISTRICT JAIL, VIYYUR, THRISSUR-
6800101, RESIDING AT VATTAMPARAMBIL HOUSE,
VELUR BAZAR P.O., THRISSUR-680 601, KERALA
12 A.SASIDHARAN,
S/O. LATE KRISHNANKUTTY MENON, WARDEN
(ASSISTANT PRISON OFFICER), SUB JAIL,
CHAVAKKAD, THRISSUR-680 506, RESIDING AT ANIYIL
HOUSE, P.O.VADAMA, MALA, THRISSUR-680 732,
KERALA
13 SHRI.L.SIVADASAN,
DEPUTY PRISON OFFICER, (HEAD WARDEN), SUB JAIL,
VIYYUR, THRISSUR,KERALA-680 010
14 SHRI.PAREED.T.M.,
DEPUTY PRISON OFFICER, (HEAD WARDEN), CENTRAL
PRISON, VIYYUR, THRISSUR,KERALA-680 010
15 SHRI, NAJEEBUDIN.A.
DEPUTY PRISON OFFICER, (HEAD WARDEN), SPECIAL
SUB JAIL, IRINJALAKUDA, THRISSUR, KERALA-680
121
SRI. T. RAJASEKHARAN NAIR- SR. G.P.
SRI.ELVIN PETER P.J.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 11-12-2020, ALONG WITH OP(KAT).417/2020,
OP(KAT).422/2020, THE COURT ON 07-01-2021 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.375,417 & 422/2020
-:4:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(KAT).No.417 OF 2020
AGAINST THE ORDER IN OA(EKM) 1932/2016 DATED 25-09-2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 & 2 IN OA.:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA - 695 001.
2 THE DIRECTOR GENERAL OF PRISONS
POOJAPURA, THIRUVANANTHAPURAM - 695 012,
KERALA.
BY SR GOVERNMENT PLEADER
SRI.T.RAJASEKHARAN NAIR
RESPONDENTS/APPLICANTS IN OA:
1 P.SREERAMAN
S/O. PODIYAN, DEPUTY OFFICER, DISTRICT JAIL,
KOLLAM - 691 001, RESIDING AT KARUTHALAMELATHIL
VEEDU, KUNATHOOR EAST P. O., KOLLAM,
KERALA - 690 540.
OP(KAT) Nos.375,417 & 422/2020
-:5:-
2 SURESH BABU
AGED 45 YEARS
S/O.BHASKARAN, DEPUTY PRISON OFFICER, DISTRICT
JAIL, KOLLAM - 691 001, RESIDING AT SWATHI
BHAVAN, NEAR PRABATH CULTURAL CENTRE,
PERUMPOOZHA P. O.,
KERALAPURAM, KOLLAM, KERALA - 691 504.
R1-2 BY ADV. SRI.P.NANDAKUMAR
R1-2 BY ADV. SMT.AMRUTHA SANJEEV
R1-2 BY ADV. SHRI.VIVEK VIJAYAKUMAR
R1-2 BY ADV. SHRI.SREEKUMAR K.R.
R1-2 BY ADV. SMT.ASHA TREESA JOSE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 11-12-2020, ALONG WITH OP(KAT).375/2020,
OP(KAT).422/2020, THE COURT ON 07-01-2021 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.375,417 & 422/2020
-:6:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(KAT).No.422 OF 2020
AGAINST THE ORDER IN OA 2298/2017 DATED 25-09-2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENTS 1 & 2:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA-695 001.
2 THE DIRECTOR GENERAL OF PRISONS,
PRISONS HEADQUARTERS, POOJAPURA,
THIRUVANANTHAPURAM-695 012, KERALA.
BY SR GOVERNMENT PLEADER
SRI.T.RAJASEKHARAN NAIR
RESPONDENTS/APPLICANTS IN OA:
1 V.G.HARIKUMAR
AGED 57 YEARS
S/O.V.N.GOPALAKRISHNAN, DEPUTY PRISON OFFICER,
SUB JAIL, ALUVA, ERNAKULAM DISTRICT-683 101,
RESIDING AT VETTIKKATTU HOUSE, PERUMPILLY,
MULANTHURUTHY, ERNAKULAM, KERALA-682 314.
OP(KAT) Nos.375,417 & 422/2020
-:7:-
2 N.T.SADANANDAN,
AGED 44 YEARS
S/O.THANKAPPAN, DEPUTY PRISON OFFICER, SUB
JAIL, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661,
RESIDING AT SIVASKTHI P.O., VAIKKOM, KOTTAYAM,
KERALA-686 141.
3 A.C.RAJESH,
AGED 43 YEARS
S/O.CHANDRASEKHARAN, DEPUTY PRISON OFFICER,
PEERUMEDU, IDUKKI DISTRICT-685 531, ASWATHY
VILAS, POST PEERUMEDE, IDUKKI, KERALA-685 531.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 11-12-2020, ALONG WITH OP(KAT).375/2020,
OP(KAT).417/2020, THE COURT ON 07-01-2021 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.375,417 & 422/2020
-:8:-
JUDGMENT
[OP(KAT) Nos.375,417 & 422/2020] Dated this the 7th day of January, 2021 Shaffique, J.
Since the issues raised in the above original petitions are substantially the same, all the original petitions are heard and decided together.
2. OP(KAT) No.375/2020 arises from order dated 13/11/2019 in OA (Ekm) No.1039/2017 of the Kerala Administrative Tribunal, Ernakulam Bench. The Original Petition has been filed by the State of Kerala and the Director General of Prisons and Correctional Service, who were respondents 1 and 2 in the OA, challenging an order passed by the Tribunal directing the 2nd respondent to publish the final seniority list strictly in tune with the Notes in Annexure A22 Special Rules by treating the Warder establishment as a state-wise unit and by reckoning the seniority from the date of effective advice ignoring the inter-unit transfers. The applicants who were working as Assistant Prison OP(KAT) Nos.375,417 & 422/2020 -:9:- Officers by filing the OA sought for preparation of a fresh seniority list of Warders in the Kerala Jail Subordinate Service treating the said category as state-wise establishment and maintaining a state-wise seniority list as per the Special Rules (Annexure A22). They also challenged the seniority list prepared in terms of Annexures A21 and A21(a).
3. Before the Tribunal, the applicants relied upon an earlier order in OA (Ekm) No.1932/2016 and connected cases. The Tribunal found that in the light of the directions issued in the common order passed in OA (Ekm) No.1932/2016, the said findings will govern the present cases also. Therefore, it was held that as far as warder establishment is concerned, Note 1 to Annexure A22 Special Rules govern the field and a state-wise seniority list is to be prepared based on the said rules. Accordingly, directions had been issued. OP(KAT) No.417/2020 has been filed challenging order in OA (Ekm) No.1932/2016. OP(KAT) No.422/2020 has been filed against order in OA No.2298/2017 which is connected to OA (Ekm) No.1932/2016. In OA (Ekm) No.1932/2016 and OA No.2298/2017, the applicants OP(KAT) Nos.375,417 & 422/2020 -:10:- relied upon the amendment to the Special Rules and sought for a direction that promotion to the higher post shall be based on state level seniority list. The Tribunal after considering the respective contentions allowed OA No.2298/2017 along with OA (Ekm) No. 1932/2016 and direction had been issued to fill up the vacancies in the category of Assistant Superintendent Grade II from the category of Deputy Prison Officer strictly on the basis of the seniority lists Annexures A1(a) and A2(a) produced in OA (Ekm) No.1932/2016.
4. We heard the learned Senior Government Pleader Sri.Rajasekharan Nair appearing on behalf of the State and Sri.Elvin Peter, learned counsel appearing on behalf of private respondents in OP(KAT) No.375/2020. We did not issue notice in OP(KAT) Nos. 417 & 422/2020 as our judgment in OP(KAT) No.375/2020 will decide the fate of the other two Original Petitions and in which event alone notice need be issued to the private respondents.
5. As per the Kerala Jail Subordinate Service Rules, 1960, the post of Warder has been included as Category No.7. The OP(KAT) Nos.375,417 & 422/2020 -:11:- designation of Warder was later changed as Assistant Prison Officer. The Special Rules was amended as per Government Order dated 9/12/2010. Amendment incorporated 5 Notes after Rule 1, by which, categories 5 to 9, which constitute the Warder establishment, are treated as the unit-wise establishment maintaining separate seniority list in each unit. Such a categorization was based on the jail institution in various revenue districts. Some of the applicants after their entry in the service as warder got inter-district transfers wherein they had to join at the transferred unit as the junior most Warders. The Special Rules again underwent an amendment. The amended rules is produced as Annexure A22 dated 28/12/2012 by which Notes 1 to 5 were substituted by Notes 1 to 3 in Rule 1 of the Special Rules. Notes 1 to 3 and the Explanatory Note reads as under:-
"Note 1:- Categories 5, 6, 7, 8 and 9 constitute the Warder establishment. It will be a statewise establishment maintaining statewise seniority list. Separate statewise seniority list shall be maintained in the case of Female Warders.
Note 2:- All promoted Head Warders existing as on the date of commencement of the Kerala Jail Subordinate Service (Amendment) Special Rules, 2012 shall remain in the rank but OP(KAT) Nos.375,417 & 422/2020 -:12:- their next promotion shall be on the basis of the statewise seniority list.
Note 3:- Statewise seniority list shall be reckoned on the Warder establishment for the purpose of promotion to other categories."
Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport) As per the Kerala Jail Subordinate Service Special Rules, 1959, statewise seniority will be reckoned on the Warder establishment for the purpose of promotion to other categories. Originally Warder establishment was a unit wise establishment and promotion to the post of Head Warder was given maintaining separate Seniority List in each unit. However, statewise seniority list is maintained in the category of Head Warders for considering for promotion to the category of Assistant Jailors Grade II. In the present situation, Warders run the risk of losing their original seniority since the chances of promotion of Head Warder category will vary between the three units. At present the warders in a particular unit get promotion as Head Warders ahead their counterparts in other units. This leads to dissatisfaction and disputes among the staff further. The difficulties now being experienced in transfer of Warder staff can be avoided, if statewise seniority is followed in appointment of Warders. This notification is intended to achieve the above object." A bare reading of the amended Special Rules directs a state-wise seniority list to be maintained and the Warder establishment is to be treated as a state-wise establishment itself. However, all OP(KAT) Nos.375,417 & 422/2020 -:13:- promoted Head Warders existing as on the date of commencement of the Special Rules, 2012 were permitted to remain in the same rank, but it was specifically mentioned that their next promotions shall be on the basis of state-wise seniority list. The explanatory note further indicates that when unit-wise seniority list was being maintained, Warders run the risk of losing their original seniority since the chances of promotion to Head Warder category vary between the three units, which had led to dissatisfaction and disputes among the staff which difficulty was to be corrected by preparing the state-wise seniority and the promotions to be made accordingly.
6. When Special Rules clearly indicate that a state-wise seniority list is to be prepared treating all the units together as a state establishment, Government will have to comply with the said mandate. Learned Government Pleader however would submit that there are persons who have forfeited their service by obtaining inter-district transfers, which also requires to be considered.
7. We do not think that we will be justified in taking a OP(KAT) Nos.375,417 & 422/2020 -:14:- view different from what has already been taken by the Tribunal since the Special Rules is rather clear on those matters. However, if the Government feels that in certain category of persons, a separate method of seniority list is required to be made, the Rules will have to undergo proper amendment from the existing one. When the rules exists as such, the only interpretation that could be given is in the manner held by the Tribunal and therefore, we do not find any reason to interfere with the order passed by the Tribunal.
OP(KAT) No.375/2020 is dismissed and in consequence of which OP(KAT) Nos.417 and 422/2020 are also dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
Rp JUDGE OP(KAT) Nos.375,417 & 422/2020 -:15:- APPENDIX OF OP(KAT) 375/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA(EKM) NO.1039/17 ALONG WITH ITS ANNEXURES ANNEXURE-A1 TRUE COPY OF APPOINTMENT ORDER DATED 15.09.2003 OF THE 1ST AND 8TH APPLICANT ISSUED BY THE DEPUTY INSPECTOR GENERAL OF PRISONS, THRISSUR ANNEXURE-A2 TRUE COPY OF THE JOINING REPORT OF THE 2ND APPLICANT AS PER ORDER DATED 03.04.2003 ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON , VIYYUR ANNEXURE-A3 TRUE COPY OF APPOINTMENT ORDER DATED NIL OF THE 3RD AND 6TH APPLICANT ISSUED BY THE DEPUTY INSPECTOR OF PRISONS, THRISSUR ANNEXURE-A4 TRUE COPY OF ADVICE LETTER DATED 10.02.2005 OF THE 4TH APPLICANT ISSUED BY THE DISTRICT OFFICER, KPSC, THRISSUR ANNEXURE-A5 TRUE COPY OF APPOINTMENT ORDER DATED 03.12.2007 OF THE 5TH APPLICANT ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON, VIYYUR ANNEXURE-A6 TRUE COPY OF APPOINTMENT ORDER DATED 17.09.2003 OF THE 7TH APPLICANT ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON, VIYYUR ANNEXURE-A7 TRUE COPY OF APPOINTMENT ORDER DATED 30.04.1977 OF THE 9TH APPLICANT ISSUED BY THE DEPUTY INSPECTOR GENERAL OF PRISONS, THIRUVANANTHAPURAM OP(KAT) Nos.375,417 & 422/2020 -:16:- ANNEXURE-A8 TRUE COPY OF PROCEEDINGS DATED 03.03.2005 ISSUED BY THE SUPERINTENDENT , CENTRAL PRISON, TRIVANDRUM ANNEXURE-A9 TRUE COPY OF APPOINTMENT ORDER DATED 01.08.2006 OF THE 11TH APPLICANT ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON, THIRUVANANTHAPURAM ANNEXURE-A10 TRUE COPY OF SPECIAL RULES FOR KERALA JAIL SUBORDINATE SERVICE ISSUED BY THE GOVERNMENT OF CENTRAL PRISON, THIRUVANANTHAPURAM ANNEXURE-A11 TRUE COPY OF GO(MS) NO.979 DATED 11.08.1958 ISSUED BY THE GOVERNMENT ANNEXURE-A12 TRUE COPY OF AMENDED SPECIAL RULES AS PER G.O(P) NO.266/2010/HOME DATED 09.12.2010 ISSUED BY THE GOVERNMENT ANNEXURE-A13 TRUE COPY OF ORDER DATED 09.06.2010 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS) ANNEXURE-A14 TRUE COPY OF ORDER DATED 25.07.2007 ISSUED BY THE DEPUTY INSPECTOR GENERAL OF PRISONS ANNEXURE-A15 TRUE COPY OF ORDER DATED 24.02.2010 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS) ANNEXURE-A16 TRUE COPY OF ORDER DATED 05.05.2009 ISSUED BY THE INSPECTOR GENERAL OF POLICE (PRISONS) ANNEXURE-A17 TRUE COPY OF ORDER DATED 18.05.2009 ISSUED BY THE SUPERINTENDENT OF SPECIAL SUB JAIL VIYYUR OP(KAT) Nos.375,417 & 422/2020 -:17:- ANNEXURE-A18 TRUE COPY OF ORDER DATED 06.01.2006 ISSUED BY THE SUPERINTENDENT OF SPECIAL SUB JAIL , PALAKAD ANNEXURE-A19 TRUE COPY OF ORDER DATED 03.05.2010 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS) THIRUVANANTHAPURAM ANNEXURE-A20 TRUE COPY OF ORDER DATED 23.12.2020 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF POLICE (PRISONS) THIRUVANANTHAPURAM ANNEXURE A20A TRUE COPY OF THE PROCEEDINGS DATED 06.01.2006 ISSUED BY THE SUPERINTENDET OF SPECIAL SUB JAIL, PALAKKAD ANNEXURE-A21 TRUE COPY OF THE CIRCULAR DATED 01.10.2014 ISSUED BY THE 2ND RESPONDENT ANNEXURE-A21A TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF WARDEN ATTACHED TO ANNEXURE A21 ANNEXURE-A21B TRUE COPY OF G.O.DATED 06.08.2012 ISSUED BY THE GOVERNMENT ANNEXURE-A22 TRUE COPY OF AMENDED SPECIAL RULES AS PER G.O.DATED 28.12.2012 ISSUED BY THE GOVERNMENT ANNEXURE-A23 TRUE COPY OF ORDER DATED 29.10.2013 ISSUED BY THE 2ND RESPONDENT ANNEXURE-A24 TRUE COPY OF ORDER DATED 01.04.2011 ISSUED BY THE SUPERINTENDENT ,SPECIAL SUB JAIL , VIYYUR ANNEXURE-A25 TRUE COPY OF ORDER DATED 01.12.2016 ISSUED BY THE 2ND RESPONDENT OP(KAT) Nos.375,417 & 422/2020 -:18:- EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT OF THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT EXHIBIT P4 TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR PAPER PUBLICATION FILED BY THE APPLICANTS EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.11.2019 IN OA (EKM) NO.1039/2017 EXHIBIT P6 TRUE COPY OF THE NOTIFICATION E5-
22779/2019/PRHQ 379 DATED 14.10.2019 OP(KAT) Nos.375,417 & 422/2020 -:19:- APPENDIX OF OP(KAT) 417/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE ORIGINAL APPLICATION ALONG WITH ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 01.10.2014.
ANNEXURE A1(a) TRUE COPY OF THE RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST OF WARDER ESTABLISHMENT DATED 04.01.2013.
ANNEXURE A2 TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 27.07.2016.
ANNEXURE A2(a) TRUE COPY OF THE RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST OF WARDER ESTABLISHMENT DATED 04.01.2013.
ANNEXURE A3 TRUE COPY OF THE PROMOTION ORDER DATED 20.07.2015.
ANNEXURE A4 TRUE COPY OF THE GOVERNMENT ORDER DATED 09.12.2010.
ANNEXURE A5 TRUE COPY OF THE GOVERNMENT ORDER DATED 28.12.2012.
ANNEXURE A6 TRUE COPY OF THE RECOMMENDATION OF ADGP (PRISONS) DATED 09.05.2011.
ANNEXURE A7 TRUE COPY OF THE GOVERNMENT ORDER DATED 06.08.2012.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT OF THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.09.2019 IN OA NO.1932/2016.
OP(KAT) Nos.375,417 & 422/2020 -:20:- EXHIBIT P4 TRUE COPY OF THE NOTIFICATION E5-
22779/2019/PRHQ 379 DATED 14.10.2019. OP(KAT) Nos.375,417 & 422/2020 -:21:- APPENDIX OF OP(KAT) 422/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE ORIGINAL APPLICATION ALONG WITH ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 1ST APPLICANT.
ANNEXURE A2 TRUE COPY OF THE ORDER NO.JOB.104/03 DATED 17.0-7.2003 OF THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR (1ST APPLICANT).
ANNEXURE A3 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 2ND APPLICANT.
ANNEXURE A4 TRUE COPY OF THE ORDER NO.E6/16024/2004 DATED 14.03.2005 OF THE (FOR) DIRECTOR GENERAL OF POLICE (PRISONS) (2ND APPLICANT).
ANNEXURE A5 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 3RD APPLICANT.
ANNEXURE A6 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE 3RD APPLICANT NOTING THE DECLARATION OF PROBATION. ANNEXURE A7 TRUE COPY OF THE GO(P) NO.266/2010/HOME DATED 09.12.2010 OF THE GOVERNMENT (RELEVANT PAGE).
ANNEXURE A8 TRUE COPY OF THE CIRCULAR NO.E5-4553/12 DATED 12.03.2012 OF THE ADDL.DIRECTOR GENERAL OF POLICE (PRISONS) ALONG WITH THE SENIORITY LIST.
ANNEXURE A9 TRUE COPY OF THE GO(P) NO.337/2012/HOME DATED 28.12.2012 OF THE GOVERNMENT. OP(KAT) Nos.375,417 & 422/2020 -:22:- ANNEXURE A10 TRUE COPY OF THE ORDER IN OA NO.1381/2015 OF THE HONOURABLE TRIBUNAL DATED 21.03.2017.
ANNEXURE A11 TRUE COPY OF THE JUDGMENT IN OP(KAT) NO.108/2017(Z) DATED 17.08.2017 OF THE HONOURABLE HIGH COURT OF KERALA.
ANNEXURE A12 TRUE COPY OF THE NOTIFICATION NO.E6/9986/2014 DATED 01.10.2014 OF THE DIRECTOR GENERAL OF PRISONS.
ANNEXURE A13 TRUE COPY OF THE REPRESENTATION OF THE 1ST APPLICANT DATED 20.11.2017 BEFORE THE 2ND RESPONDENT.
ANNEXURE A14 TRUE COPY OF THE REPRESENTATION OF THE 2ND APPLICANT DATED 20.11.2017 BEFORE THE 2ND RESPONDENT.
ANNEXURE A15 TRUE COPY OF THE REPRESENTATION OF THE 3RD APPLICANT DATED 20.11.2017 BEFORE THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 25.09.2019 IN OA NO.2298/2017.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION ES-
22779/2019/PRHQ 379 DATED 14.10.2019.
True Copy PS to Judge Rp