Kerala High Court
State Of Kerala vs State Of Kerala on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
OP(KAT).NO.9 OF 2021
AGAINST THE ORDER DATED 9.3.2020 IN OA (EKM) NO. 2054/2019 OF KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 1 & 2 IN O.A.:
1 STATE OF KERALA,
REP.BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014.
BY SRI.ANTONY MUKKATH, SENIOR GOVERNMENT PLEADER
RESPONDENTS/APPLICANTS & 3RD RESPONDENT IN O.A.:
1 SAMEESH C., AGED 32 YEARS,S/O.LATE CHANDRAN,
(CPO-5943), CIVIL POLICE OFFICER,
MANGALAM DAM POLICE STATION, PALAKKAD-678 001,
RESIDING AT KALNADI HOUSE, CHATHAMANGALAM P.O.,
NENMALA, PALAKKAD 678 508
2 JOBY P.C., AGED 40 YEARS, S/O.SRI.P.K.CHACKO,
(CPO-11018), CIVIL POLICE OFFICER,
RAMAMANGALAM POLICE STATION, RAMAMANGALAM,
ERNAKULAM 686 663,
RESIDING AT PATTITHAZHATHU HOUSE,
MANKULAM NORTH P.O., ERNAKULAM 686 664.
3 THE KERALA PUBLIC SERVICE COMMISSION,
REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM 695 004
ADVS. SRI.ELVIN PETER P.J. & SRI.K.R.GANESH FOR R1 & R2
SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR R3
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ALEXANDER THOMAS & T.R.RAVI, JJ.
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O.P. (KAT) No. 9 of 2021
(arising out of the impugned interim order dated 9.3.2020 in
O.A.(EKM) No. 2054 of 2019 on the file of the KAT, Ernakulam Bench)
--------------------------------------------------------------------------------
Dated this the 21st day of January, 2021
JUDGMENT
The afore captioned Original Petition has been filed under
Articles 226 & 227 of the Constitution of India, with the following
prayer: (See page 11 of the paper book of this O.P.)
"......set aside the order of the Honourable Kerala Administrative
Tribunal, Additional Bench, Ernakulam in OA(EKM) No.2054/2019 (Exhibit
P4) and dismiss the Original Application."
2. Heard Sri.Antony Mukkath, learned Senior Government
Pleader appearing for the petitioners (The State of Kerala and The
State Police Chief), Sri.P.J.Elvin Peter, learned counsel appearing for
contesting respondents 1 & 2 herein (original applicants before the
Tribunal) and Sri.P.C.Sasidharan, learned Standing Counsel for
the Kerala Public Service Commission (PSC), appearing for the
3rd respondent in the O.P. and O.A.
3. Contesting respondents 1 & 2 in the O.P. (original applicants
before the Tribunal) have filed the instant Ext.P-1 original application
O.A.(EKM) No. 2054/2019 before the Kerala Administrative Tribunal,
O.P. (KAT) No. 9 of 2021
..3..
Ernakulam Bench, with the following prayers: (See pages 31 to 33 of
this paper book)
"
(a) issue a direction to the 2nd respondent to report 133 vacancies of Sub
Inspectors out of the 266 posts created as per Annexure-A6 order to the 3 rd
respondent forthwith and to issue a further direction to the 3 rd respondent to
advice candidates from Annexure-A2 ranked list to the above vacancies;
(b) to issue a direction to the 2 nd respondent to report 137 vacancies of Sub
Inspector of Police that has been sanctioned in the Airports and Seaports
which was filled up by direct recruitment on the basis of Annexure-A4
judgment to the 3rd respondent and issue a further direction to the 3 rd
respondent to advice candidates from Annexure-A2 ranked list to those
vacancies;
(c) to issue a direction to the 2 nd respondent to report 50 vacancies of Sub
Inspector of Police out of the 100 vacancies that was directed to be filled up
in the Immigration Department by Annexure-A7 to the 3 rd respondent;
(d) Issue a direction to the 2nd respondent to forthwith report 37 vacancies of
Sub Inspector of Police to the 3 rd respondent which arise during the period
between 01.01.2020 to 31.12.2020 as shown in Annexure-A9 list;
(e) to declare that the 2nd respondent is legally bound to report 37 vacancies of
Sub Inspector of Police that would arise during the period between
01.01.2020 to 31.12.2020 as directed in Annexure-A8 order to the 3 rd
respondent;
(f) to issue a direction to the 3rd respondent to advice candidates from
Annexure-A2 ranked list to the vacancies reported by respondents 1 and 2
and issue a further direction to respondents 1 and 2 to appoint those
candidates advised by the 3rd respondent;
(g) to declare that the 2nd respondent is legally bound to report 37 anticipated
vacancies of Sub Inspector of Police as shown in Annexure-A9 list due to
arise between 01.01.2020 to 31.12.2020 to the 3rd respondent;
(h) to issue a direction to the 2 nd respondent to report all the existing vacancies
of Sub Inspector of Police in the Police Department to the 3 rd respondent
forthwith;
(i) to issue a direction to the 2nd respondent to report 37 anticipated vacancies
of Sub Inspector of Police to the 3rd respondent itself which is to arose during
the period from 01.01.2020 to 31.12.2020 as shown in Annexure-A9 list
forthwith;
(j) To issue such other directions or orders as this Hon'ble Tribunal deems fit
and proper in the interest of justice and circumstances of the case."
4. The Tribunal after hearing both sides has passed the
impugned Ext.P-4 interim order dated 9.3.2020 in the said O.A.,
O.P. (KAT) No. 9 of 2021
..4..
the operative portion of which contained in para 4 thereof reads as
follows: (See internal pages 3 & 4 of Ext.P-4/ see pages 179 & 180 of
this paper book)
" i) There will be a directions to the 2 nd respondent, State Police Chief, to
provisionally report to the PSC 300 more vacancies of Sub Inspectors of Police so
as to reach the office of the PSC on or before 12-3-2020. Reporting of vacancies
will be provisional and no further actions will be taken by the PSC, to advise any
candidates to the post of Sub Inspectors (Trainee) in these vacancies."
5. The original applicants had earlier submitted applications
for consideration of selection and appointment to the post of Sub
Inspector of Police (Trainee) Constabulary General Executive Branch
of the Police Department of the State Government in pursuance of
Anx.A-1 selection notification dated 11.6.2015 issued by the Kerala
Public Service Commission, for three different sources of
appointments: (i) open market, (ii) Ministerial & (iii) constabulary.
The last date for submission of applications was 15.7.2015. According
to the original applicants, they have participated in the said selection
process and now have been included in Anx.A-2 rank list dated
14.3.2019 for the category of Constabulary with rank numbers 45 and
68 respectively. The condition as per the note appended to Anx.A-1
selection notification dated 11.6.2015 issued by the respondent Kerala
Public Service Commission given in page 1 thereof reads as follows:
(See page 35 of this paper book)
O.P. (KAT) No. 9 of 2021
..5..
"Note:
The Ranked List of candidates published by the Commission in
response to this notification shall cease to be in force after one year
from the date of finalisation of Ranked List or after one month from the
date of commencement of the training in respect of the last batch of
candidates advised from the ranked list within a period of one year
from the date of finalisation of the Ranked List whichever is later.
Candidates will be advised from the said list against the vacancies
reported and pending before the Commission and the vacancies that
may be reported to the Commission in writing during the period of
currency of the list."
6. It appears that the said note contained in page 1 of
Anx.A1 selection notification is in consonance with the 1 st proviso
to Rule 13 of the Kerala Public Service Commission Rules of
Procedure, which reads as follows:
"Provided that the above rule shall not apply in respect of
ranked lists of candidates for admission to Training Course that leads
to automatic appointment to Services or posts and that in such cases
the ranked list shall cease to be in force after one year from the date of
finalisation of the ranked lists or after one month from the date of
commencement of the course in respect of the last batch selected from
the list within a period of one year from the date of finalisation of the
ranked lists whichever is later:"
7. Further it appears that, the abovesaid 1 st proviso to
Rule 13 of the PSC Rules of Procedure has been amended as per
Anx.R-1(e) Notification No.AV(2)2376/14/GW dated 4.4.2016
published in Kerala Gazette Extraordinary dated 15.4.2016, which
reads as follows: (See internal page 2 of Anx.R-1(e) given on page 17
of the counter affidavit dated 18.1.2021 filed by R-1 & R-2 in this
O.P. (KAT) No. 9 of 2021
..6..
O.P. before this Court)
" In the said Rules, in Rule 13 Part 1, the first proviso shall be
substituted by the following namely:-
"Provided that the above rule shall not apply in
respect of Ranked Lists of candidates for admission to
Training Courses that leads to automatic appointment
to services or posts and that in such cases the Ranked
Lists shall cease to be in force after one year from the
date of finalisation of the Ranked Lists."
This amendment shall come into force at once."
8. As per the provisions contained in Anx.R-1(e), the said
amendment dated 15.4.2016 shall come into force at once,
meaning thereby that the said amendment has come into force
prospectively with effect from 15.4.2016. It appears that, the stand
of the candidates like the original applicants is to the effect that
since Anx.A-1 selection notification dated 11.6.2015 has been
issued prior to Anx.R-1(e) gazette notification dated 15.4.2016, the
said amendment as per Anx.R-1(e) will not affect the operation of
advise and appointment from the instant rank list prepared and
finalized as per the said selection notification, and that the
aforesaid pre-amended norm will regulate the present selection
process and that this is all the more so in view of the specific note
to that effect notified in page 1 of Anx.A-1 selection notification
dated 11.6.2015. Whereas, it appears that the stand of the State
O.P. (KAT) No. 9 of 2021
..7..
Government and the Public Service Commission is that the said
amendment as per Anx.R-1(e) gazette notification dated 15.4.2016,
will have effect on the present selection process, more so
particularly, as Anx.A-2 rank list has been published on 14.3.2019,
which is after the coming into force of Anx.R-1(e) amended gazette
notification dated 15.4.2016. The State Government would also
point out that since it is explicitly provided in Anx.R-1(e)
amendment that the said amendment would come into effect at
once, the same has come into force on the date of publication of
said notification in the gazette on 15.4.2016.
9. The original application had come up for consideration
before the Tribunal on 9.3.2020. One of the specific contentions
raised by the original applicants was to the effect that very many
substantive vacancies which are actually in existence at that point
of time have not been reported by the Police Department to the
respondent PSC and that many deputation vacancies have arisen
on account of the deputation of officers in the cadre of Sub
Inspector to the Bureau of Immigration and that it has been held
by this Court in decisions as in Anx.A-4 judgment dated 26.8.2014
O.P. (KAT) No. 9 of 2021
..8..
rendered by the Division Bench of this Court in OP(KAT)
No.200/2014 that such vacancies arise on account of deputation
of personnel holding the post of Sub Inspector of Police to the
Bureau of Immigration should be treated as substantive vacancies
as understood in Note 2 of the Rule 5 of KS & SSR Part II, and that
such substantive vacancies in existence have not been reported to
the PSC for advise and appointment of candidates included in
Anx.A-2 rank list etc.
10. Various other contentions have also been taken by both
sides. Since one of the primary contention raised by the State
Government was to the effect that Anx.R-1(e) amendment
notification would also apply to present rank list and selection
process, and if that be so the validity of rank list is to expire on
13.3.2020 etc, the Tribunal after assessing the prima facie nature
of the case made out by the original applicants and taking into
account the extreme urgency on account of balance of convenience
issued the impugned Ext.P-4 interim order dated 9.3.2020 in the
instant original application directing the State Police Chief
(appointing authority) to report 300 vacancies of Sub Inspector of
O.P. (KAT) No. 9 of 2021
..9..
Police to the Public Service Commission only provisionally and
with the condition and rider therein that advise and appointment
of candidates as against those 300 vacancies so reported only
provisionally may await further orders of the Tribunal. It may be
noted that the original applicants had urged that many vacancies in
existence are not reported, which plea was opposed by the State
Government and the Police Department authorities. After
assessing the prima facie nature of the contentions of both sides
and taking into account various relevant aspects including the one
borne out from Anx.A-4 judgment of the Division Bench of this
Court that the Tribunal has passed the interim order to report 300
vacancies provisionally. It is this interim order at Ext.P-4 dated
9.3.2020 that is under challenge in this original petition filed
under Articles 226 & 227 of the Constitution of India by the State
Government and the State Police Chief concerned.
11. When the matter had come up for consideration on the
previous occasion, we had requested the learned Senior
Government Pleader to get specific and precise instructions from
the State Police Chief and the Police Department authorities
concerned as to whether the abovesaid interim directions in
O.P. (KAT) No. 9 of 2021
..10..
Ext.P-4 interim order dated 9.3.2020 rendered by the Tribunal
have been complied with by reporting 300 vacancies
provisionally to the PSC etc. T oday when the matter has been taken
up for consideration, Sri.Antony Mukkath, learned Senior
Government Pleader appearing for the petitioners would
submit on the basis of instructions that prior to the interim
order dated 9.3.2020, the last report of vacancies to the PSC
in respect of abovesaid selection was made by the Police
Department by submitting vacancy requisition report on
7.3.2020 in respect of 5 vacancies. It is thereafter that the Tribunal
has passed the impugned Ext.P-4 interim order on 9.3.2020
directing reporting of 300 vacancies provisionally, with a
rider that the Commission may not advise any candidates
therefrom without getting orders from the Tribunal. Thereafter,
taking into account the abovesaid interim order rendered
by the Tribunal, and as the rank list was to expire on
13.3.2020, the Police Department authorities concerned have
assessed the vacancy position and it was found that there were
174 vacancies which are substantive in nature and that, the balance
126 vacancies (300 - 174 = 126) were not substantive vacancies.
O.P. (KAT) No. 9 of 2021
..11..
Further that, on 12.3.2020 the Police Department authorities have
reported 134 vacancies to the PSC, and later on the same day
(12.3.2020) yet another 5 vacancies were also reported to the PSC
and on 13.3.2020 yet another 35 vacancies were also reported, and
that the total number of vacancies so reported would come to
174 vacancies, which according to the Police Department are
substantive vacancies to which advise could be made by the PSC in
respect of candidates included in the present selection process.
Further, the balance 126 vacancies were also reported by the Police
Department authorities to the PSC on 13.3.2020.
12. Further the learned Senior Government Pleader would
submit that, it is reliably learnt that the vacancy requisition reports
in respect of these 174 + 126 vacancies, ie, totaling to 300 vacancies
have reached the office of the PSC before the expiry of deadline of
13.3.2020. Further, the learned Senior Government Pleader would
submit that the abovesaid report of vacancies in respect of 126
vacancies have been made by the Police Department to the PSC
only provisionally and only for the purpose of provisional
compliance of the directions issued by the Tribunal at Ext.P-4.
O.P. (KAT) No. 9 of 2021
..12..
Further that, the Police Department is of the considered stand that
the said 126 vacancies are not substantive vacancies in existence
and that very many so called deputation vacancies pointed out by
the original applicants are not substantive vacancies for the simple
reason that actual deputation of any such hands have not taken
place before the expiry of rank list on 13.3.2020, and such
vacancies would arise only by relieving the incumbents concerned
in implementation of any deputation order, and since such actual
creation of vacancies by way of deputation have not arisen before
the expiry of rank list on 13.3.2020, it cannot be said that any such
vacancies are substantive. Further that, since the stand of the
Police Department was to the effect that the said 126 vacancies are
not substantive vacancies, the Police Department authorities have
also sent formal letter to the Secretary of the Kerala Public Service
Commission immediately thereafter stating that the abovesaid
vacancy requisition report in respect of the abovesaid 126
vacancies be treated as provisional and to treat that report as
withdrawn, etc. It is also apprised to this Court by the learned
Senior Government Pleader on the basis of instructions that, since
O.P. (KAT) No. 9 of 2021
..13..
the abovesaid 174 vacancies out of 300 vacancies are substantive
vacancies in nature, it is reliably learnt that the Kerala Public
Service Commission has also taken steps to advise candidates
selected in pursuance of Anx.A-1 notification and that the Police
Department authorities have no objections to such advise and
appointment process, as those 174 vacancies are substantive in
nature. Further that, the Police Department authorities have a
serious case that no advise or appointment should be made as
against the other 126 vacancies in question, as those vacancies are
not substantive in nature, etc.
13. Sri.P.J.Elvin Peter, learned counsel appearing for
contesting respondents 1 & 2 herein (original applicants before the
Tribunal) has raised certain contentions regarding the
inapplicability of Anx.R-1(e) amendment notification dated
15.4.2016 in respect of the operation of the selection process in the
instant Anx.A-2 rank list prepared and finalized in pursuance of
Anx.A-1 selection notification dated 11.6.2015, as the said
amendment as per Anx.R-1(e) dated 15.4.2016 has been made only
after the issuance of Anx.A-1 selection notification, and
O.P. (KAT) No. 9 of 2021
..14..
submissions have been made by him on the basis of the matters
arising out of Anx.R-1(f) judgment of the Division Bench of this
Court in the case in Asha P. and Others v. State of Kerala
and Others reported in 2009 (4) KHC 721 (DB) etc.
14. Whereas the contentions of the other side is that,
Anx.R-1(e) amendment notification would apply to the operation
of the selection process in respect of Anx.A-2 rank list, as the said
rank list has come into force after the coming into force of the
Anx.R-1(e) amendment of the norms.
15. Further, Sri.P.J.Elvin Peter, learned counsel appearing
for contesting respondents 1 & 2 herein (original applicants before
the Tribunal) has also submitted that, in the instant case the
unamended provisions of the 1st proviso to Rule 13 of the Kerala
Public Service Commission Rules of Procedure and the note given
on page 1 of Anx.A-1 selection notification would govern the field,
and that the scope and ambit of the unamended 1 st proviso to Rule
13 of the Kerala Public Service Commission Rules of Procedure has
been dealt with in a judgment of the Division Bench of this Court.
16. After hearing both sides we are of the firm view that
O.P. (KAT) No. 9 of 2021
..15..
these aspects regarding the applicability or otherwise of Anx.R-1(e)
amendment notification to the selection process of candidates
included in the present rank list, etc and the other allied
contentions made by both sides, need not be considered by this
Court and those are all matters which would come within the
province and domain of the Tribunal, as the said Forum is the
Court of first instance going by the dictum well established by the
Seven Judges' Bench of the Apex Court in the celebrated case in
L.Chandra Kumar v. Union of India and Others [(1997)
3 SCC 261] etc.
17. As regards the main aspects now canvassed before this
Court, in view of the abovesaid subsequent developments, we feel
that there is no necessity for adjudicating any such issues for the
simple reason that the Police Department authorities have
reported vacancies in question provisionally in compliance with
the directions issued by the Tribunal as per Ext.P-4 interim order
dated 9.3.2020 in the above O.A. From the submissions made by
the petitioners it appears that, even according to them 174
vacancies out of 300 vacancies mentioned in the impugned Ext.P-4
O.P. (KAT) No. 9 of 2021
..16..
interim order are substantive vacancies, and if that be so
there may not be any objections for the Public Service
Commission and the State Government to advise candidates as
against those 174 vacancies, if the vacancy requisition report
has been received by the PSC before the expiry of the
ranked list. Therefore, as regards the matters posed before
us the only remaining issue is as to whether the balance
126 vacancies out of the 300 vacancies covered by Ext.P-4
interim order are substantive vacancies which are to be utilized
for advise and appointment of candidates selected in
pursuance of Anx.A-1 selection notification.
18. That crucial aspect of the matter could be adjudicated
and determined by the Tribunal by the early final disposal
of the main matter in the O.A. So also, the allied issues
of the applicability or otherwise of Anx.R-1(e) amendment
notification to the selection process finalized in pursuance of
Anx.A-1 selection notification, and the other issues regarding
the currency of ranked list etc, could be considered by the
Tribunal if agitated, and there is no necessity for us to enter
O.P. (KAT) No. 9 of 2021
..17..
into those aspects of the matter. We would caution ourselves
and would guardedly desist from getting into those issues
as we are now in a proceedings for judicial review and judicial
superintendence, and as the Court of first instance is the
Tribunal.
19. There is yet another incidental aspect of the matter
and the same is that, after the reporting of abovesaid
174 + 126 vacancies, the Police Department authorities has
written a letter to the Secretary of the Public Service Commission,
stating that the vacancy requisition report in respect of the
aforementioned 126 vacancies out of the 300 vacancies
may be treated as withdrawn. Since that aspect of the matter
has now been posed before us, we would only order that the
competent authority of the respondent Kerala Public Service
Commission may consider to act upon the said request to
the State Police Chief/Police Department authorities
concerned in the matter of withdrawing the vacancy
requisition report in respect of the 126 vacancies in question
only after getting explicit orders from the Tribunal. Till orders
O.P. (KAT) No. 9 of 2021
..18..
are issued by the Tribunal in the O.A., the question of utilizing
the vacancy requisition report of the said 126 vacancies, need
not be considered by the PSC.
20. In the light of these aspects we would also suggest to
all the parties concerned that, instead of securing piecemeal
interim orders and taking into account the fact that the selection
is for a vital post in the State Police force, all the parties
concerned should fully co-operate with the Tribunal for
ensuring the early final disposal of the main matter in the O.A.
21. All parties concerned have agreed to our suggestion.
Therefore, all the parties concerned may ensure that
pleadings/additional pleadings if any, should be duly
completed without any further delay atleast within a period of
2 weeks, and for that purpose the parties need not await for
the formal issuance of the certified copy of this judgment.
22. We would request the Tribunal to consider the
facilitation of the final disposal of the main matter in O.A. as
early as possible, and within a time limit as deemed fit
and appropriate by the Tribunal. In the light of these aspects,
O.P. (KAT) No. 9 of 2021
..19..
no further orders and directions are called for in this case.
With these observations and directions, the above
Original Petition will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
MMG
O.P. (KAT) No. 9 of 2021
..20..
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA (EKM) NO.2054/2019 ALONG
WITH ANNEXURES AND MISCELLANEOUS APPLICATION
ANNEXURE AI TRUE COPY OF THE NOTIFICATION DATED 11.6.2015
ISSUED BY THE 3RD RESPONDENT IN CATEGORY
NO.161/2015 TO 164/2015 TO THE POST OF SUB
INSPECTOR OF POLICE (TRAINEE)
ANNEXURE A2 TRUE COPY OF THE RANKED LIST PUBLISHED BY THE
3RD RESPONDENT WITH EFFECT FROM 14.3.2019 FOR
APPOINTMENT TO THE POST OF SUB INSPECTOR OF
POLICE (TRAINEE) IN THE POLICE DEPARTMENT FOR
ALL THE 3 CATEGORIES
ANNEXURE A3 TRUE COPY OF THE GOVERNMENT ORDER GO (MS)
NO.196/95/HOME DATED 26.7.1995 ISSUED BY THE
1ST RESPONDENT
ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 26.8.2014 IN
OP(KAT) NO.200/2014 OF THE HON'BLE HIGH COURT
OF KERALA
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 18.1.2016 OF THE
HON'BLE SUPREME COURT IN SPECIAL LEAVE
PETITION NO.494-495 OF 2016
ANNEXURE A6 TRUE COPY OF THE ORDER GO(MS)NO.124/2014/HOME
DATED 17.6.2014 ISSUED BY THE 1ST RESPONDENT
ANNEXURE A7 TRUE COPY OF THE COMMUNICATION
NO.14/EST/BOI(T)/2016(4)/246 DATED 15.01.2016
ISSUED BY THE BUREAU OF IMMIGRATION,
GOVERNMENT OF INDIA THROUGH THE JOINT DEPUTY
DIRECTOR, ADDRESSED TO THE 2ND RESPONDENT
(TYPED COPY IS PRODUCED)
ANNEXURE A8 TRUE COPY OF THE CIRCULAR NO.C.3/101/2019/HOME
DATED 20.98.2019 ISSUED BY THE 1ST RESPONDENT
ANNEXURE A9 TRUE COPY OF THE LIST GAZETTED OFFICERS WHO
HAD DUE TO RETIRE FROM THE DEPARTMENT DURING
THE YEAR 2020 PUBLISHED BY THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF 2ND PETITIONER
O.P. (KAT) No. 9 of 2021
..21..
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE
RESPONDENTS
ANNEXURE A10 TRUE COPY OF THE GOVERNMENT ORDER GO(RS)
NO.99/2008/HOME DATED 10.6.2008
ANNEXURE A11 TRUE COPY OF THE GOVERNMENT ORDER GO(RS)
NO.202/2008/HOME DATED 1.12.2008
ANNEXURE A12 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)
NO.140/2010/HOME DATED 24.6.2010
ANNEXURE A13 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)
NO.244/2012/HOME DATED 20.9.2012
ANNEXURE A14 TRUE COPY OF THE JUDGMENT IN RP 748/2014 DATED
30.10.2014
ANNEXURE A15 TRUE COPY OF THE COMMUNICATION DATED 3.1.2020
ISSUED BY THE JOINT DEPUTY DIRECTOR OF
IMMIGRATION TO THE 2ND RESPONDENT
ANNEXURE A16 TRUE COPY OF THE COMMUNICATION DATED 16.1.2020
ISSUED BY THE 2ND RESPONDENT TO ALL UNIT HEADS
ANNEXURE A17 TRUE COPY OF THE JUDGMENT DATED 22.11.2001 IN
WA 2261/1997 ISSUED BY THE DIVISION BENCH OF
HON'BLE HIGH COURT
ANNEXURE A18 TRUE COPY OF THE APPLICATION DATED 14.11.2019
SUBMITTED BY THE WIFE OF SRI. MUKESH KUMAR
C.B. TO THE PUBLIC INFORMATION OFFICER, POLICE
HEAD QUARTERS, TRIVANDRUM
ANNEXURE A19 TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC
INFORMATION OFFICER DATED 27.12.2019
ANNEXURE A20 TRUE COPY OF THE APPLICATION SUBMITTED BY SRI.
PAUL MICHEAL K.M. DATED 13.11.2019 TO THE
PUBLIC INFORMATION OFFICER, KERALA POLICE
ACADEMY, THRISSUR
ANNEXURE A21 TRUE COPY OF THE REPLY DATED 12/2019 GIVEN BY
THE PUBLIC INFORMATION OFFICER, KERALA POLICE
ACADEMY, THRISSUR TO SRI. PAUL MICHEAL K.M.
O.P. (KAT) No. 9 of 2021
..22..
ANNEXURE A22 TRUE COPY OF THE REPLY STATEMENT DATED
9.10.2019 FILED BY THE 2ND RESPONDENT IN OA
1476/2019
ANNEXURE A23 TRUE COPY OF THE APPLICATION SUBMITTED BY SRI.
PAUL MICHEAL K.M. TO THE PUBLIC INFORMATION
OFFICER AT KERALA STAT POLICE HEADQUARTERS,
TRIVANDRUM DATED 19.11.2019
ANNEXURE A24 TRUE COPY OF THE REPLY GIVEN BY THE SATE
PUBLIC INFORMATION OFFICER DATED 26.12.2019
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN OA(EKM)
NO.2054/2019 DATED 9.3.2020 OF KERALA
ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH,
ERNAKULAM
RESPONDENTS' EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF THE RANKED LIST PUBLISHED
BY THE 3RD RESPONDENT NO.179/19/SSVI
(CATEGORY NO.163/2015 WITH EFFECT FROM
14/03/2019 FOR THE POST OF SUB
INSPECTOR OF POLICE (TRAINEE)
CONSTABULARY.
ANNEXURE R1(B) A TRUE COPY OF THE FIRST PAGE OF THE
INTERIM ORDER IN OA (EKM) NO.2054/2019
DATED 09/03/2020, WHEREIN THE OFFICE OF
THE 2ND PETITIONER HAS MADE AN
ENDORSEMENT, ACKNOWLEDGING RECEIPT OF
THE INTERIM ORDER ON 11/03/2020.
ANNEXURE R1(C) TRUE COPY OF THE APPLICATION SUBMITTED
BY SRI. ROBIN MATHEW UNDER THE RIGHT TO
INFORMATION ACT DATED 03/09/2020 BEFORE
THE PUBLIC INFORMATION OFFICER, KERALA
PUBLIC SERVICE COMMISSION.
ANNEXURE R1(D) TRUE COPY OF THE REPLY NO. IDS-
II(4)/2791/2020/GW DATED 29/09/2020
GIVEN BY THE STATE PUBLIC INFORMATION
OFFICER, KERALA PUBLIC SERVICE
COMMISSION.
O.P. (KAT) No. 9 of 2021
..23..
ANNEXURE R1(E) TRUE COPY OF THE GOVERNMENT ORDER
NO.AV(2) 2376/14/GW DATED 04/04/2016.
ANNEXURE R1(F) TRUE PHOTOCOPY OF THE DECISION OF THE
DIVISION BENCH OF THIS HON'BLE COURT
REPORTED IN 2009(4) KHC 721.
ANNEXURE R1(G) TRUE COPY OF COMMUNICATION NO.E2-
39360/2020/PHQ DATED 14/08/2020 ISSUED
BY THE 2ND PETITIONER.
ANNEXURE R1(H) TRUE COPY OF THE ORDER DATED 17/12/2020
IN OA (EKM) 2054/2020 OF THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL.
