Kerala High Court
V.A.Shajahan vs State Of Kerala on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE BADHARUDEEN A.
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
OP(KAT) NO. 323 OF 2020
AGAINST THE ORDER/JUDGMENT IN OA (EKM) 244/2020 OF KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 1 AND 2 IN O.A(EKM) :
1 RAJESH T., AGED 46 YEARS,
S/O RAGHAVA KURUP, PREVENTIVE OFFICER,
EE AND ANSS KANNUR, RESIDING AT 'AISWARYA',
3RD MILE, PONNIYAM WEST P.O,
THALASSERY-670641, KANNUR DISTRICT.
2 PRAMODAN.P, AGED 46 YEARS,
S/O BALAN P, PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE,
KUTHUPARAMBA, RESIDING AT SREENIKETHAN,
KIZHAKKUM BAGAM P.O,PINARAYI-670741,KANNUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN &
SRI.S.SHYAM KUMAR.
RESPONDENTS/RESPONDENTS 1 TO 6/ADDITIONAL RESPONDENTS 7 TO 11 :
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
EXCISE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE COMMISSIONER OF EXCISE, OFFICE OF THE EXCISE
COMMISSIONER, THIRUVANANTHAPURAM-695001.
3 THE ADDITIONAL EXCISE COMMISSIONER(ADMN),
OFFICE OF THE COMMISSIONER, THIRUVANANTHAPURAM-695033.
4 THE DEPUTY EXCISE COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,,
KANNUR-670001.
O.P (KAT) Nos.323 of 2020 & 121 of 2021 2
5 EBY THOMAS,
S/O THOMAS KUMBUKKAL HOUSE, KANNUR DISTRICT-
670571 AND NOW WORKING AS PREVENTIVE OFFICER,
EXCISE DIVISIONAL OFFICE, KANNUR-670001.KERALA.
6 DINESAN K, S/O KESAVAN, PARAMBAN HOUSE,
KORAYIL KANDAKKAT P.O,MAYYIL,KANNUR-670602,
AND NOW WORKING AS PREVENTIVE OFFICER,
EXCISE DIVISIONAL OFFICE,
KANNUR-670001, KERALA.
7 RATHEESH R, S/O RAJADAS, AGED 36 YEARS, WORKING
AS PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE,
THALIYAL ROAD, KALADY, KARAMANA,
THIRUVANANTHAPURAM-695002, RESIDIGN AT
NEELAMKONAMPUTHENVEEDU, KARINGAL, KANDALA.P.O,
THIRUVANANTHAPURAM-695512, KERALA.
8 J. REJI, S/O Y JACOB, WORKING AS
PREVENTIVE OFFICER, EXCISE INTELLIGENCE AND
INVESTIGATION BUREAU, EXCISE COMPLEX,CHINNAKKADA
PO, KOLLAM DISTRICT - 691 001, RESIDING AT
REJI BHAVAN, VALIYODE.PO, CHEPRA, KOTTARAKKARA,
KOLLAM DISTRICT-691520, KERALA.
9 SIJIO C.K,
S/O KURIAKOSE, WORKING AS PREVENTIVE OFFICER,
EXCISE COMMISSIONER, VIKAS BHAVAN P.O,
NANDAVANAM, THIRUVANANTHAPURAM-695034, RESIDING
AT CHETTAKARICKAL HOUSE, THOPRAMKUDI, IDUKKI
DISTRICT - 685 515(ADDL. R7 TO 69 ARE IMPLEADED
AS PER ORDER DATED 16.03.2020 IN MA (E)
473/2020), KERALA.
10 GIRISH KUMAR.G
S/O A.G GOPINATHAN NAIR, PREVENTIVE OFFICER,
EXCISE INTELLIGENCE AND INVESTIGATION BUREAU,
KOTTAYAM-686001., RESIDING AT GOKULAM,
NEENDOOR P.O, KOTTAYAM-686601, KERALA.
O.P (KAT) Nos.323 of 2020 & 121 of 2021 3
11 RAMPRASAD.K.R,
S/O RADHAKRISHNA PILLAI, PREVENTIVE OFFICER,
EXCISE CIRCLE OFFICE, ERNAKULAM-682 018,
RESIDING AT KALAYIL HOUSE, KULAYITTIKKARA.P.O,
ERNAKULAM DISTRICT-682 315,(ADDL. R8 AND R9 ARE
IMPLEADED AS PER THE ORDER DATED 26.06.2020 IN
M.A(E)778/2020), KERALA
R1 TO R4 BY ADVS.SRI.SAIGI JACOB PALATTY, SENIOR
GOVERNMENT PLEADER
R5 TO R9 BY SRI.P.NANDAKUMAR &
SMT.AMRUTHA SANJEEV
R10 TO R11 BY SAJU JOHN.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 01.07.2021 ALONG WITH OP(KAT) NO.121 OF
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (KAT) Nos.323 of 2020 & 121 of 2021 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
OP(KAT) NO. 121 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA 418/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM.
PETITIONER/APPLICANT :
V.A.SHAJAHAN, AGED 45 YEARS,
S/O ABDUL MAJEED, ASSISTANT EXCISE
INSPECTOR(GRADE), COMMISSIONERATE OF EXCISE,
THRIUVANANTHAPURAM-695043. RESIDING AT 'ABINS',
S K.NAGAR,, VADAKKEVILA P.O, KOLLAM-691010.
BY ADVS.M.SASINDRAN & SRI.S.SHYAM KUMAR.
RESPONDENT/RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF TAXES()P), SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE EXCISE COMMISSIONER,
EXCISE HEAD QUARTERS, BAKERY JUNCTION,
THIRUVANANTHAPURAM-695033.
3 THE DEPUTY COMMISSIONER OF EXCISE
EXCISE DIVISION,KOLLAM-691001,
IDUKKI DISTRICT-685584.
O.P (KAT) Nos.323 of 2020 & 121 of 2021 5
4 ADDL. RATHEESH R.,
AGED 36 YEARS, S/O. RAJADAS, EXCISE PREVENTIVE
OFFICER, EXCISE RANGE OFFICE, AMARAVILA,
THIRUVANANTHAPURAM-695122, RESIDING AT
VALSALYAM, ARUVIYODU, KARINGAL, KANDALA P.O.,
THIRUVANANTHAPURAM-695512.
5 ADDL.DINESH B.,
S/O. BHASKARAN PILLAI, AGED 36 YEARS,
EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
CHATHANOOR, KOLLAM DISTRICT-691572, RESIDING AT
DEEPA MANDIRAM, PUNTHALATHAZHAM,
KILIKOLLOOR P.O., KOLLAM-691004.
(ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS
PER THE COMMON ORDER DATED 01/07/2021 IN IA
1/2021 AND IA 3/2021 RESPECTIVELY IN OP(KAT)
121/2021).
BY ADVS.SRI.SAIGI JACOB PALATTY, SENIOR
GOVERNMENT PLEADER FOR R1 TO R3.
ADDITIONAL RESPONDENTS 4 & 5 BY
SRI.P.NANDAKUMAR
SRI.SAJU JOHN
MS.AMRUTHA SANJEEV
SRI.JELSON J.EDAMPADAM.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P (KAT) Nos.323 of 2020 & 121 of 2021 6
ALEXANDER THOMAS & A.BADHARUDEEN , J J.
------------------------------------------------
O.P (KAT) Nos.323 of 2020 & 121 of 2021
(Arising out of the order dated 27-08-2020 in O.A (EKM) No.244
of 2020 on the file of KAT, Ekm.
&
(Arising out of the order dated 21-04-2021 in O.A No.418 of 2021
on the file of KAT, Thiruvananthapuram.)
----------------------------------------------------
Dated this the 1st day of July, 2021
JUDGMENT
The prayers in the aforecaptioned O.P (KAT) No.323 of 2020
filed under Article 226 & 227 of the Constitution of India are as
follows {See page 11 of the paper book of the OP(KAT)} :
"i. set aside Exhibit P1 order.
ii. to command the 2nd respondent to publish the seniority list
for the period upto 31-12-2015 itself, by finalizing Annexure
A2 in the O.A. provisional seniority list.
iii. To declare that publication of a seniority list for the period
upto 19-08-2011, in the year 2020, leaving the majority of
the incumbents out of the seniority list, and zone of
consideration for promotion, is invalid and arbitrary.
iv. Award cost to the petitioners.
v. issue such other appropriate order or direction as this
Hon'ble Court deems just and fit in the circumstance of the
case."
2. The prayers in the aforecaptioned O.P(KAT) No.121 of
2021 filed under Article 227 of the Constitution of India are as
follows {See page 11 of the paper book of the OP(KAT)} :
"i) Set aside the Ext.P1 order dated 21-04-2021 in M.A No.685 of
2021 in O.A No.418 of 2021.
ii) direct the 2nd respondent to effect promotion, holding that
promotion can be effected only after recasting the Annexure A3
seniority list as directed in Annexure A5 order of the Appellate
Authority.
iii) To issue such other appropriate order or direction as this
Hon'ble Court deems just and fit in the circumstance of the
case."
3. The prayers in Ext.P2 O.A(EKM) No.244 of 2020 on the
file of the KAT Ernakulam Bench, which is the subject matter of
O.P (KAT) No.323 of 2020, are as follows {See pages 39-40 of the paper
book of the OP(KAT)} :
"a) set aside Annexure A8 order issued by the 2nd respondent.
b) To set aside Annexure A3 to the extent it cancelled the Annexure A2
provisional seniority list of Excise Preventive Officers of Kannur
Division;
c) set aside Annexure A5 to the extent it reckons the period from 1-1-
2009 to 19-8-2011 are instead of 1-1-2009 to 31-12-2015 for
preparation of seniority of Excise Preventive Officers of Kannur
Division;
d) issue a direction commanding the respondents to finalise the
Annexure A2 provisional list;
e) issue a direction commanding the respondents to prepare and
publish the seniority list of Excise Preventive Officers of Kannur
Division for the period from 1-1-2009 to 31-12-2015 or upto date
without any delay;
f) issue a direction commanding the respondents to publish the State
final seniority list of Excise Preventive Officer based on Annexure
A2 reckoning the period from 1-1-2009 to 31-12-2015;
g) issue such other appropriate order or direction as this Hon'ble
Tribunal deems just and fit in the circumstance of the case."
4. The prayers in Ext.P2 O.A No.418 of 2021 on the file of
the KAT, Thiruvananthapuram Bench, with the subject matter of
O.P (KAT) No.121 of 2021, are as follows {See page 31 of the paper book
of the OP(KAT)} :
"a. direct the respondents 1 to 3 to grant promotion to the Excise
Preventive Officers to higher posts on finalization/revision of
Annexure A3 seniority list based on the direction in Annexure A5
Government order within one month.
b. to declare that the seniority of the Excise Preventive Officers is liable
to be reckoned based on the date of advise of the direct recruits and
the date of order of promotion of the promotees.
c) to command the respondents 1 and 2, not to grant promotion either
provisionally or regularly, based on the Annexure A3 final seniority
list, which is directed to be recasted by Annexure A5 order.
d) to declare that attempt to grant promotion based on Annexure A3
seniority list without implementing Annexure A5 order which is
issued to recast Annexure A3 seniority list is arbitrary and illegal.
e) issue such other appropriate order or direction as this Hon'ble
O.P (KAT) Nos.323 of 2020 & 121 of 2021 8
Tribunal deems just and fit in the circumstance of the case."
5. Heard Sri.M.Sasindran, the learned counsel appearing
for the petitioners in these two cases, Sri.Saigi Jacob Palatty, the
learned Senior Government Pleader appearing for the official
respondents in these cases, Sri.P.Nandakumar, learned Advocate
appearing for the additional contesting respondent in O.P (KAT)
No.121 of 2021 as well as the contesting respondents in O.P (KAT)
No.323 of 2020 and Sri.Saju John, the learned Advocate appearing
for other additional respondents in O.P (KAT) No.121 of 2021 .
6. These two original petitions arise out of the original
applications filed before the Tribunal by the applicants, who are
holding the post of Preventive Officers in the Excise Department
and they have been appointed as Preventive Officers in the
promotion quota. The petitioners in these two cases were initially
appointed as Excise Guards in the Excise Department of the State
Government, for which the unit of appointment is district concerned
and they have been appointed in Kannur and Kollam Districts
respectively. Later, they have been promoted to the post of
Preventive Officers in Kannur District and Kollam District
respectively, and the unit of appointment of the said post of
Preventive Officer is also district wise. These petitioners aspire for
O.P (KAT) Nos.323 of 2020 & 121 of 2021 9
further promotion to the post of Assistant Excise Inspector for
which the unit of appointment is State wise. Separate seniority lists,
for each of the districts, are prepared for the post of Preventive
officer for which the unit of appointment is district. But for
effectuating matters relating to further promotion to the State wise
post of Assistant Excise Inspector, it is imperative that a combined
seniority list of the incumbents in all the 14 districts holding the
feeder category post of Preventive Officer is required. The method of
appointment to the post of Preventive Officer upto 03-06-2008 is
not only on the basis of promotion, but also on the basis of direct
recruitment. The petitioners would point out that statutory
amendment has been carried out in the special rules made effective
from 04-06-2008, whereby the clause permitting the method of
appointment by Direct Recruitment to the post of Preventive
Officers has been deleted. Hence the sole method of appointment to
the post of Preventive Officers is only by method of promotion from
the feeder category of Excise Guards on and w.e.f. 04-06-2008.
7. The petitioners have objected against the proposed
finalization of the combined seniority list of Preventive officers for
the purpose of promotion to the post of Assistant Excise Inspectors.
The petitioners in O.P (KAT) No.323 of 2020 (applicants in O.A
O.P (KAT) Nos.323 of 2020 & 121 of 2021 10
(EKM) No.244 of 2020) contended that the final combined seniority
list of Preventive Officers in all the 14 districts should have been
prepared by the authorities concerned not merely for the period
from 01-01-2009 to 19-08-2011, but for the period from 01-01-2009
to 31-12-2015. The Tribunal, as per the impugned interim order
dated 27-08-2020 in O.A(EKM) No.244 of 2020 [which is subject
matter of O.P (KAT) No.323 of 2020] did not pass positive orders in
favour of the petitioners regarding their plea that the combined
seniority list should have been for the period from 01-01-2009 to
31-12-2015, but held that the petitioners have got a valuable
statutory appellate remedy and that they may pursue the said
appellate remedy under Rule 27B of KS&SSR Part II before the
competent authority of the State Government. Being aggrieved by
the said impugned Ext.P1 interim order dated 27-08-2020 rendered
by the Tribunal in O.A(EKM) No.244 of 2020, the applicants
therein have preferred the instant O.P (KAT) No.323 of 2020 before
this Court. The Division Bench of this Court, while entertaining the
present O.P(KAT) No.323 of 2020 has passed an interim order
dated 08-10-2020, wherein it has been inter alia ordered that the
process for preparation of the combined seniority list shall continue,
but the list shall not be finalized without orders from this Court.
O.P (KAT) Nos.323 of 2020 & 121 of 2021 11
8. As pointed out hereinabove, the petitioner in OP(KAT)
No.121 of 2021 is now in the cadre of Preventive Officers, but in
Kollam district. He had filed O.A No.418 of 2021 before the KAT,
Thiruvananthapuram Bench and his plea for interim relief is that
the promotions including provisional promotions shall not be made
until the finalization of the combined seniority list for all the 14
districts in the post of Preventive officers is duly completed. The
Tribunal has noted that as per Annexure A5 produced therein (G.O.
(Rt) No.348/2020/TD dated 26-5-2020) the Government has
interfered with the final seniority list of Preventive Officers in
Kollam district and had directed to recast the seniority list. The
Tribunal did not grant the interim relief and had passed the
impugned interim order dated 21-04-2020 in O.A No.418/2021,
whereby it was ordered that since the department finds it extremely
difficult to carry on the Excise administration as lot of posts in the
higher category of Assistant Excise Inspector are lying vacant and
even provisional promotions have not been made, the competent
authorities concerned will be at liberty to make provisional
promotions to the post of Assistant Excise Inspector, subject to
further orders in that O.A and that the provisional promotees shall
not be given pay fixation in the promoted post until the disposal of
O.P (KAT) Nos.323 of 2020 & 121 of 2021 12
the O.A.
9. The Division Bench of this Court has later passed a
common interim order in both the above O.P (KAT) No.121 of 2021
as well as OP (KAT) No.323 of 2020, wherein it has been inter alia
ordered that though the provisional promotions to the post of
Assistant Excise Inspector already made are not being interfered
with for the time being, there shall be no further promotion to the
next post of Excise Inspectors of persons, who have already been
provisionally promoted as Assistant Excise Inspectors, pursuant to
the impugned order passed by the Tribunal, pending disposal of the
OPs. Further the Registry was also directed to get a report from the
KAT as to the reasonable time required for the final disposal of both
these OAs, viz., O.A (Ekm) Nos.244 of 2020 and 418 of 2021. The
Registry of the Tribunal has now given a report on 11-06-2021 that
the OAs can be disposed of by the second week of July 2021 or so,
subject to the parties completing their pleadings.
10. After hearing both sides, it is ordered hereby that
provisional promotions already granted to Preventive Officers to the
category of Assistant Excise Inspector, pursuant to the impugned
interim order passed by the Tribunal in O.A No.244 of 2020 will be
subject to further orders of the Tribunal and will also be subject to
O.P (KAT) Nos.323 of 2020 & 121 of 2021 13
the result of OAs. Further, it is ordered that if any further
promotions to the post of Assistant Excise Inspector are to be
made, then the competent authorities concerned shall consider any
such action only after getting orders from the Tribunal in that
regard and the Tribunal may give suitable interim directions as to
the norms that may be followed for the time being for making
provisional promotions to the post of Assistant Excise Inspector.
11. Sri.P.Nandakumar, the learned counsel appearing for
the contesting respondents in one of the OPs would point out that,
apart from the above OAs, one more OA which is pending before the
Tribunal, is also inextricably connected to the matters in the present
two O.As and the said O.A is O.A.No.1293 of 2020, wherein the
Tribunal has granted stay against recasting of final combined
seniority list of Preventive Officers for all the 14 districts for the
period from 1-7-2003 to 31-10-2008 and without finalizing the
seniority position for the said prior period from 01-07-2003 to
31-10-2008, there will be certain difficulties for finalizing the
seniority position for the subsequent period which is concerned in
these cases. The matter in relation to said O.A No. 1293 of 2020 is
not before us.
12. The learned Advocates appearing for all the parties
O.P (KAT) Nos.323 of 2020 & 121 of 2021 14
herein and the learned Government Pleader would point out that all
the Advocates concerned were appearing in the present two OAs as
well as O.A No.1293 of 2020 are based in Ernakulam and that since
one of the OAs is now before the Ernakulam Bench, it is only
convenient for all the parties concerned and as joint hearing and
disposal of the cases are required, this Court may order the transfer
of two OAs pending at Thiruvananthapuram Bench to Ernakulam
Bench, wherein O.A (EKM) No.244 of 2020 is pending. Sri.Saju
John, learned Advocate submits that he is appearing for the
appellants in O.A.No.1293 of 2020 before the Tribunal and that the
said O.A. may also be ordered to be transferred to the Ernakulam
Bench of the Tribunal for joint hearing. Hence with the consent of
all the parties herein, it is ordered that the instant O.A No.418 of
2020 and O.A No.1293 of 2020 now on the file of the
Thiruvananthapuram Bench of the Tribunal will stand transferred
to the Ernakulam Bench of the Tribunal to be heard and disposed
along with O.A (EKM) No.244 of 2020. The Tribunal may take all
reasonable endeavors possible under the circumstances to ensure
the final disposal of these OAs without much delay, preferably
within the time limit now suggested by the Tribunal or within any
reasonable short time limit that may be appropriately fixed by the
O.P (KAT) Nos.323 of 2020 & 121 of 2021 15
Tribunal.
The Registry will forward certified copies of the judgment to
the Thiruvananthapuram Bench and Ernakulam Bench of the
Tribunal for necessary information.
With these observations and directions the above OP will
stand disposed of.
ALEXANDER THOMAS, JUDGE
A. BADHARUDEEN, JUDGE
amk
O.P (KAT) Nos.323 of 2020 & 121 of 2021 16
APPENDIX OF OP(KAT) 323/2020
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED
27.08.2020 IN M.A. (EKM) 1225 OF 2020
IN O.A. NO.244 OF 2020
EXHIBIT P2 A TRUE COPY OF THE MEMORANDUM OF
ORIGINAL APPLICATION IN O.A. (EKM)
NO.244 OF 2020 ALONG WITH ANNEXURES.
ANNEXURE A1 A TRUE COPY OF THE RELEVANT PAGES OF
THE PROCEEDINGS NO. XD-3-2499/2010
(VOL.II) OF THE ADDITIONAL EXCISE
COMMISSIONER (ADMN) THE 2ND RESPONDENT
DATED 2.1.2013.
ANNEXURE A2 A TRUE COPY OF THE RELEVANT PAGES OF
THE PROVISIONAL SENIORITY LIST OF
PREVENTIVE OFFICERS OF KANNUR DIVISION
FOR THE PERIOD FROM 1.2.2009 TO
31.12.2015 (ORDER NO. EXC-
1074/2016/XD3-KNR DATED 17.08.2018).
ANNEXURE A3 A TRUE COPY OF THE ORDER DATED
12.11.2018 VIDE NO.EX.C/1074/2016.
EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT
FILED BY THE RESPONDENTS 2 AND 3 IN O.A
(EKM) 244/2020.
ANNEXURE A 4 A TRUE COPY OF THE GOVERNMENT LETTER NO
7180/F1/13/TD REFERRED AS REFERENCE NO.
1 IN ANNEXURE A3 DATED 8.10.2015.
EXHIBIT P4 A TRUE COPY OF THE MA (EKM) 1225 OF
2020 IN O.A. (EKM) 244/2020.
O.P (KAT) Nos.323 of 2020 & 121 of 2021 17
ANNEXURE A 5 A TRUE COPY OF THE RELEVANT PAGES
PROVISIONAL SENIORITY OF PREVENTIVE
OFFICER FOR THE PERIOD FROM 1.1.2009 TO
19.08.2011 (ORDER NO. EXC/1074/2016/
XD3-KNR DATED 15.03.2019)
EXHIBIT P5 A TRUE COPY OF THE REPLY STATEMENT
FILED BY THE RESPONDENTS 5 TO 9 IN THE
O.A.
ANNEXURE A 6 A TRUE COPY OF THE ORDER DATED
25.11.2019 IN O.A. (EKM) NO.1783 OF
2019.
EXHIBIT P6 A TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER IN O.A (EM) 244/2020.
ANNEXURE A 7 A TRUE COPY OF THE OBJECTION SUBMITTED
BY THE APPLICANTS TO THE ANNEXURE A5
SENIORITY LIST.
EXHIBIT P7 A TRUE COPY OF THE M.A. FILED FOR
PRODUCING THE SENIORITY LIST PUBLISHED
ON 26.08.2020.
ANNEXURE A8 A TRUE COPY OF THE ORDER NO.
EXC/4913/2019/XD3 DATED 7.2.2020.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED
10.02.2020 IN O.A.(EKM) NO.244 OF 2020
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED
17.06.2020 IN O.A.(EKM) NO.244 OF 2020
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED
23.07.2020 IN O.A.(EKM) NO.244 OF 2020
EXHIBIT P11 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF THIRUVANANTHAPURAM
DIVISION.
EXHIBIT P12 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF KOLLAM DIVISION
O.P (KAT) Nos.323 of 2020 & 121 of 2021 18
EXHIBIT P13 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF PATHANAMTHITTA DIVISION
EXHIBIT P14 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF ALAPPUZHA DIVISION
EXHIBIT P15 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF KOTTAYAM DIVISION
EXHIBIT P16 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF IDUKKI DIVISION
EXHIBIT P17 AA TRUE COPY OF THE DISTRICT LEVEL
FINAL SENIORITY LIST OF EXCISE
PREVENTIVE OFFICERS OF ERNAKULAM
DIVISION
EXHIBIT P18 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF THRISSUR DIVISION
EXHIBIT P19 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF PALAKKAD DIVISION
EXHIBIT P20 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF MALAPPURAM DIVISION
EXHIBIT P21 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF KOZHIKODE DIVISION
EXHIBIT P22 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF WAYANAD DIVISION
EXHIBIT P23 A TRUE COPY OF THE DISTRICT LEVEL FINAL
SENIORITY LIST OF EXCISE PREVENTIVE
OFFICERS OF KASARAGOD DIVISION
EXHIBIT P24 A TRUE COPY OF THE CIRCULAR ISSUED BY
THE 2ND RESPONDENT DATED 31/5/2016
O.P (KAT) Nos.323 of 2020 & 121 of 2021 19
EXHIBIT P25 A TRUE COPY OF THE JUDGMENT DATED
26.6.2009 IN WA NO 1050/2009
EXHIBIT P26 A TRUE COPY OF THE GO(P) NO 113/08/ID
DATED 4.6.2008 PUBLISHED IN THE GAZETTE
DATED 4.6.2008
EXHIBIT P27 A TRUE COPY OF THE LETTER DATED
4.9.2010 SUBMITTED BY THE 2ND
RESPONDENT TO THE FIRST RESPONDENT
GOVERNMENT
EXHIBIT P28 TRUE COPY OF THE ORDER NO.XD3-
248635/2020 DATED 16-10-2020
O.P (KAT) Nos.323 of 2020 & 121 of 2021 20
APPENDIX OF OP(KAT) 121/2021
PETITIONER ANNEXURES :
ANNEXURE-A1 TRUE COPY OF THE ORDER NO.7180/FI/13/TD
DATED 08.10.2015 ISSUED BY THE 1ST
RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 21.04.2021
IN M.A.NO.685 OF 2021 IN OA.NO.418 OF
2021.
ANNEXURE-A2 TRUE COPY OF THE ORDER
NO.EXC/1074/2016/XD3-KLM DATED
26.03.2019 ALONG WITH PROVISIONAL
SENIORITY LIST OF PREVENTIVE OFFICERS
FOR THE PERIOD FROM 01.01.2009 TO
19.08.2011 -KOLLAM DIVISION.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF
O.A.NO.418 OF 2021 OF THE KERALA
ADMINISTRATIVE TRIBUNAL
THIRUVANANTHAPURAM.
ANNEXURE-A3 A TRUE COPY OF THE ORDER
NO.EXC/1074/2016/XD3-KLM DATED
19.10.2019 ALONG WITH THE FINAL
SENIORITY LIST OF PREVENTIVE OFFICERS
FOR THE PERIOD FROM 1.1.2009 TO
19.08.2011-KOLLAM DIVISION.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED
30.06.2011, PROMOTING THE APPLICANT TO
THE POST OF EXCISE PREVENTIVE OFFICER.
ANNEXURE-A4 A TRUE COPY OF THE ORDER DATED
13.11.2019 IN OA NO.2260 OF 2019.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED
25.11.2016 DECLARING PROBATION OF THE
APPLICANT IN THE CADRE PREVENTIVE
OFFICER.
O.P (KAT) Nos.323 of 2020 & 121 of 2021 21
ANNEXURE-A5 A TRUE COPY OF THE G.O(RT)
NO.348/2020/TD DATED 26.05.2020.
EXHIBIT P5 A TRUE COPY OF THE SENIORITY LIST OF
PREVENTIVE OFFICERS FOR THE PERIOD FROM
01.01.2009 TO 31.12.2015, IN RESPECT OF
KOLLAM DIVISION.
ANNEXURE-A6 A TRUE COPY OF THE LETTER NO.XD3-
248635/2020 DATED 16.10.2020 SUBMITTED
BY THE 2ND RESPONDENT TO THE 1ST
RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE AMENDMENT DATED
04.06.2008 CARRIED OUT TO THE SPECIAL
RULES.
ANNEXURE-A7 A TRUE COPY OF THE INTERIM ORDER OF THE
HON'BLE HIGH COURT IN OP)KAT) NO.323 OF
2020 DATED 8/10/2020.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED
17.02.2021 IN OA NO.418 OF 2021.
ANNEXURE-A8 A TRUE COPY OF THE ORDER DATED
28/09/2020 IN OA(EKM) NO.1458 OF 2020.
EXHIBIT P8 A TRUE COPY OF THE REPLY STATEMENT
FILED BY THE 2ND RESPONDENT IN OA.418
OF 2021.
ANNEXURE-A9 A TRUE COPY OF THE INTERIM ORDER IN OA.
(EKM) NO.9 OF 2021 DATED 4.1.2021.
EXHIBIT P9 A TRUE COPY OF THE APPLICATION MA.685
OF 2021 IN OA NO.418 OF 2021.
