Kerala High Court
Philomina Thomas vs State Of Kerala on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 9928 OF 2018
PETITIONERS:
1 PHILOMINA THOMAS
AGED 50 YEARS
W/O. LATE. THOMAS T., PUTHENPARAMBIL HOUSE,
KALATH WARD, AVALUKUNNU P.O., ALAPPUZHA-688006.
2 AMINA A. T.
AGED 54 YEARS
W/O. ISMAIL, PAROKKOTTIL HOUSE, MUTTIL P.O.,
WAYANAD DIST.-673122.
3 ABDUL LATHEEF,
AGED 54 YEARS
S/O. MOHAMMED, KAYAKKAL HOUSE, THALAKULATHOOR
P.O., ANDIKKOD, CALICUT DIST.-673317.
4 BALAN V. M.
AGED 62 YEARS
S/O. KUPPA, VADAKKE MOYOR KUNNUMMEL HOUSE,
KOOTHALI P.O. PERAMBRA, CALICUT DIST.-673525.
5 SANDHYA O. R.
AGED 45 YEARS
W/O. K. PURUSHOTHAMAN, KRISHNA NILAYAM, PANNIPARA
P.O., HIDAYATH NAGAR, KASARGOD-671123.
BY ADVS.
SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, SCIENCE
AND TECHNOLOGY (A) DEPARTMENT, SASTHRA BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695001.
2 CENTRE FOR SCIENCE AND TECHNOLOGY
ENTREPRENEURSHIP DEVELOPMENT (C-STED)
OLD TALUK OFFICE BUILDING, JAIL ROAD, PUTHIYARA
w.p.(c)nO.9928/2018 & OTHERS 2
POST, KOZHIKODE, 673004, REPRESENTED BY ITS DIRECTOR.
3 GOVERNING COUNCIL (C-STED)
REPRESENTED BY THE MEMBER SECRETARY, OLD TALUK OFFICE
BUILDING, JAIL ROAD, PUTHIYARA POST, KOZHIKODE-673004.
BY ADVS.
SRI.SHYAM PADMAN
GOVERNMENT PLEADER
SRI.C.M.ANDREWS
SRI.P.T.MOHANKUMAR
SMT.BOBY M.SEKHAR
KUM.LAYA MARY JOSEPH
OTHER PRESENT:
SMT.SUMATHI DANDAPANI (SR.),GP PARVATHY KOTTOL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.11.2022, ALONG WITH WP(C).10019/2019, 12262/2021 AND CONNECTED
CASES, THE COURT ON 4/3/2022 DELIVERED THE FOLLOWING:
w.p.(c)nO.9928/2018 & OTHERS 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 10019 OF 2019
PETITIONERS:
1 LAKSHMI AMMA.D
AGED 55 YEARS
DISTRICT CO-ORDINATOR, C STED HEAD OFFICE, PUTHIYARA
P.O, KOZHIKODE 673 004
2 GOMATHY SAROJAM M,
AGED 1 YEARS
DISTRICT CO-ORDINATOR, C STED HEAD OFFICE, PUTHIYARA
P.O, KOZHIKODE 673 004
3 VEENA P,
AGED 1 YEARS
DISTRICT COORDINATOR, C STED HEAD OFFICE, PUTHIYARA
P.O, KOZHIKODE 673 004
4 SATHEESH BABU M.V,
AGED 1 YEARS
DISTRICT COORDINATOR, C STED HEAD OFFICE, PUTHIYARA
P.O, KOZHIKODE 673 004
5 DEEPTHI,
AGED 1 YEARS
DISTRICT COORDINATOR, C STED HEAD OFFICE, PUTHIYARA
P.O, KOZHIKODE 673 004
6 MYTHILI K,
AGED 1 YEARS
PROJECT ENGINEER, C STED HEAD OFFICE, PUTHIYARA P.O,
KOZHIKODE 673 004
7 LATHIKA G,
AGED 1 YEARS
PROJECT ENGINEER, C STED HEAD OFFICE, PUTHIYARA P.O,
KOZHIKODE 673 004
8 SAILAJA K.V,
AGED 1 YEARS
PROJECT ENGINEER, C STED HEAD OFFICE, PUTHIYARA P.O,
w.p.(c)nO.9928/2018 & OTHERS 4
KOZHIKODE 673 004
9 JAYAN K.A,
AGED 1 YEARS
KOCHEETHRA HOUSE, PALACHODE P.O, KOLATHUR VIA,
MALAPPURAM DISTRICT 679 338.
BY ADVS.
MILLU DANDAPANI
SMT.SUMATHY DANDAPANI (SR.)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, SCIENCE AND
TECHNOLOGY (A) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 CHIEF SECRETARY TO GOVERNMENT OF KERALA,
CHAIRMAN, GOVERNING COUNCIL, CSTED), GOVERNMENT
SECRETARIATE,
THIRUVANANTHAPURAM 695 001.
3 PRINCIPAL SECRETARY TO GOVERNMENT,
SCIENCE AND TECHNOLOGY(A) DEPARTMENT, SASTRA BHAVAN,
PATTOM (P.O), THIRUVANANTHAPURAM 695 004.
4 CENTRE FOR SCIENCE AND TECHNOLOGY,
ENTREPRENEURSHIP DEVELOPMENT (C-STED),OLD TALUK OFFICE
BUILDING, JAIL ROAD, PUTHIYARA POST, KOZHIKODE 673 004
REPRESENTED BY ITS DIRECTOR.
BY ADVS.
GOVERNMENT PLEADER
SRI.SHYAM PADMAN
SRI.C.M.ANDREWS
SRI.P.T.MOHANKUMAR
SMT.BOBY M.SEKHAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.11.2022, ALONG WITH WP(C).9928/2018 AND CONNECTED CASES, THE
COURT ON 4/3/2022 DELIVERED THE FOLLOWING:
w.p.(c)nO.9928/2018 & OTHERS 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 12262 OF 2021
PETITIONERS:
1 JANAKY P.
AGED 53 YEARS
D/O.NARAYANAN NAIR P., MANJIMA, PALAKKALPARAMBA,
CHEVARAMBALAM P.O., KOZHIKODE - 673 017.
2 PREETHI S.
AGED 51 YEARS
W/O.SILVAN C.K., CHAVARATTIL HOUSE, ARIMPUR P.O.,
THRISSUR- 680 620.
3 PENN G.
AGED 55 YEARS
S/O.GURUDAS G., VRIDAVAN HOUSE, NEAR LPG SCHOOL,
VELLIYAM - NEDUMANKAVU ROAD, VELLIYAM P.O.,
KOTTARAKARA, KOLLAM- 691 540.
BY ADVS.
SMT.SUMATHI DANDAPANI, SENIOR PANEL, RAILWAYS
MILLU DANDAPANI
RESPONDENTS:
1 CHIEF SECRETARY TO GOVERNMENT OF KERALA
(CHAIRMAN GOVERNING COUNCIL CSTED), GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 PRINCIPAL SECRETARY TO GOVERNMENT
SCIENCE AND TECHNOLOGY (A DEPARTMENT) SHASTRA BHAVAN,
PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.11.2022, ALONG WITH WP(C).9928/2018 AND CONNECTED CASES, THE
COURT ON 4/3/2022 DELIVERED THE FOLLOWING:
w.p.(c)nO.9928/2018 & OTHERS 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 16166 OF 2021
PETITIONER:
MUSTHAFA.P.V
AGED 63 YEARS
S/O MOIDEEN KOYA, THACHAMNGODE PARAMBIL, NEAR
N.G.O.QUARTERS, MERIKUNNU(P.O), KOZHIKODE,
PIN-673012.
BY ADVS.
SUMATHY DANDAPANI (SR.)
MILLU DANDAPANI
RESPONDENTS:
1 CHIEF SECRETARY TO THE GOVERNMENT OF KERALA
(CHAIRMAN GOVERNING COUNCIL CSTED)
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA,
SCIENCE AND TECHNOLOGY(A)DEPARTMENT, SHASTRA BHAVAN,
PATTOM.P.O,
THIRUVANANTHAPURAM-695004.
3 THE DISTRICT COLLECTOR (DIRECTOR-IN-CHARGE,CSTED),
COLLECTORATE, CIVIL STATION(P.O), KOZHIKODE,PIN-673020.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.11.2022, ALONG WITH WP(C).9928/2018 AND CONNECTED CASES, THE
COURT ON 4/3/2022 DELIVERED THE FOLLOWING:
w.p.(c)nO.9928/2018 & OTHERS 7
JUDGMENT
[WP(C) Nos.9928/2018, 10019/2019, 12262/2021, 16166/2021]
All the writ petitioners were employed in different categories under the
second respondent-Centre for science and Technology Entrepreneurship
Development (C-STED). The writ petitioners in W.P.(C) No.1928/2018 were
engaged as part time sweepers during the various periods from 1998 to 2012.
They claim that they were recruited through a notification and after conducting an
interview. The 4th petitioner alone was recruited through employment exchange,
Part time sweepers, who were recruited through employment exchange in the C
STED, were being paid different rates from that of persons who were engaged
otherwise. By a circular dated 1/1/2008, the part time sweepers in C-STED were
re-designated as helpers and were given remuneration similar to that of regular
employees.
2. C-STED is constituted as an autonomous body without any financial
assistance from the Government, to pay wages. The petitioners were engaged as
contract employees under the second respondent. It is further stated that some
time later in 2009, the first respondent took over the 2 nd respondent- C-STED and
reconstituted as an autonomous body duly registered under the Societies Act, but
under the total perversive control of the State Government. There were 11 posts
set apart for helpers. However, the helpers, including the petitioners, were not
regularised. In the meanwhile, some of the other employees, who were engaged
as co-ordinators in various Districts offices approached this court by filing W.P.(C)
No.25295/2013 and W.P.(C) No.26006/2013 for regularisation of their services.
They had apprehension that their services may not be regularised. By a common
judgment, this court held that the Coordinators in those writ petitions have become
part of the establishment of the second respondent and consequently they should
directed to be treated as regular employees. The petitioners in the present writ
petitions claimed that they were also legitimately entitled to be regularised with
respect to the 11 posts of helpers that were available. But, no such formal order
was issued. According to the writ petitioners, in the light of the common judgment
in W.P.(C) No. 25295/2013, they are also entitled to be regularised. The writ
petition was filed for a direction to the second respondent to absorb all the writ
petitioners as against the sanctioned post of 11 helpers.
3. The writ petitioner in W.P.(C) No..16166/2021 was engaged as a driver
Grade-II by the second respondent. According to the petitioner, he had served the
institution during the period 1/12/1997 to 30/11/2016. However, he was not paid
the salary due to him. Hence, the writ petition was filed seeking a direction to the
second respondent to sanction the amount of gratuity, leave surrender, Provident
Fund etc. on the basis of a package offered to the employees by G.O.(KI)
No.3/2020/S & TD dated 11/1/2020 produced as Ext.P2.
4. Writ Petitioners in W.P.(C) No.9928/2018 have approached this court
contending that pursuant to Ext.P4 common judgment in Writ Petitions
No.25295/2013 and W.P.(C) No.26006/2013 to direct the second respondent to
declare the petitioners as permanent employees. The second respondent has
later decided to close down the entire office and to stop the functioning. However,
they were not paid the benefits to the employees which were due. Hence, W.P.
(C) No. 10019/2019 was filed seeking a prayer to implement the suggestion made
in sub paragraph 4 in para 12.7 of Ext.P8 in a study report of 2018 which was
produced in that writ petition as Ext.P8. Another relief sought was to give an
option to the petitioners to avail the benefit of sub paragraph 4 of paragraph 12.7 of
the above report and also to direction to the first respondent to disburse the salary
and all consequential benefits including the pay and other allowances that
remained from the year 2008, the date of registration of society, as per Ext.P1
judgment.
5. The petitioners in W.P.(C)No.12262/2021 were the former employees of
second respondent - CSTED. The first two petitioners were working as District Co-
ordinators and the third petitioner was course co-ordinator. They have filed the writ
petition contending that the second respondent did not disburse the benefit due to
them such as gratuity, leave surrender and other consequential reliefs, even though
there was a clear direction from the court as per Ext.P1 judgment as well as in
Ext.P4 (a) report.
6. Respondents have filed counter affidavits in all the writ petitions. Heard
the learned senior counsel for the petitioners, the learned Standing Counsel for the
C-STED and the learned Government Pleader.
7. It seems that, earlier the C-STED was originally named as STED which
was taken over as C-STED. Most of the posts therein were to be filled up on
contract basis or by deputation except few posts which were in the nature of
permanent posts. Sweepers were engaged through Employment Exchange at
Kollam, Ernakulam and Kozhikode. In other districts they were appointed through
other channels on part time basis considering the requirement. It seems that the
writ petitioners in W.P.(C) No.9928/2018, except the 4 th petitioner, were employed
as part time sweepers through a notification. The 4th petitioner therein was
appointed through the employment exchange. All of them had applied pursuant to
the notification published at the Panchayath office. By order dated 1/9/2008, the
part time sweepers were directed to be paid at the rate revised by the Government
with respect to part time employees on the basis of area sweeped by them.
Considering the fact that the above persons were expected to be in office for
considerable period and time, they were also directed to report in the morning and
permitted to leave the office only after working hours are over. It seems that by
another order No.1/STED/KKD/ESTT/2018,dated 2/2/2008, the part time sweepers
were re-designated as helpers , with a further direction that they shall be available
in the office during the office hours.
8. In 2013, the Course Co-ordinators approached this court by filing W.P.
(C) No. 25295/2013 and W.P.(C) No.26006/2013, seeking their regularization in
the service. Both the writ petitions were allowed by a common judgment dated
14/7/2016. It was found that 8 post of District Co-ordinators had become part of the
Establishment, by virtue of their nature of employment and posts. The Learned
Single Judge declared that the petitioners therein shall be treated as regular
employees, since they were occupying the posts which constituted the regular
establishment of the Society by virtue of clause 3.1 of the approved Bye-
law/Service Rules of C-STED.
9. In tune with the above decision, the part time sweepers who were re-
designated as helpers, submitted a representation requesting C-STED to regularise
their employment and also seeking arrears of salary claiming that they remained
pending for a long period. Copy of the representation is is produced as Ext.P5 in
W.P.No.9928/2018. No action is taken is seems to have been taken thereon.
10. In the meanwhile, the writ petitioners in W.P.(C) No.25295/2013 had
approached the High Court contending that the judgment was not implemented
and thereby the respondents have committed contempt of court. The case was
filed as Contempt Case No.1745/2017. The Government filed a detailed counter
in that Contempt Petition claiming that the Government, after having evaluated the
entire facts, found that the CTED has no future as an independent organization,
because it was not covering any meaningful area of work under the Science and
Technology Department. Hence, it was resolved to absorb the contempt petitioners
by creating supernumerary posts in the various organizations under Kerala State
Council for Science and Technology and Environment (KSCSTE) to accommodate
those employees of C-STED subject to the approval of Governing Council . It was
revealed that in the meeting of the Governing Council for State Science &
Technology and Environment held on 15/11/2017 took a decision that, since
several employees from 1998 were already waiting in KSCSTE for regularisation,
the Council was not in a position to absorb employees from another agency in
toto. In this background, the Government proposed to take further course of
action. The meeting of the officers of C-STED dated 11/1/2018, decided that
C-STED has no future and hence resolved to recommend for winding up of regional
offices except offices at Thiruvananthapuram, Ernakulam and Head office at
Kozhikode. Accordingly, 12 of the petitioners in the Contempt Case were resolved
to be retained in the Head Office.
11. Subsequently, by Government Order No. GO(MS)2/2018/S&TD dated
28/4/2018 of Science & Technology Department of the Government of Kerala. It
was decided to wind up all the regional offices of C-STEDexcept the Head Office at
Calicut. It was resolved to retain the petitioners in the contempt petition
No.1745/2017 and to terminate all other employees. The writ petitioners in W.P.
(C) No. 9928/2018 filed application for a direction to the respondents to pay 50% of
arrears. That was allowed and after lengthy procedures, the amount was paid to
the employees. On 30/10/2019, the Governing body of C-STED resolved not to
engage employees who were retained by the Government Order No.2/2018 dated
28/4/2018 and not to extent their period of employment and that they shall not be
re appointed. It was also resolved to pay arrears to all the employees.
12. It seems that, several steps were taken by the Government as well as C-
STED to pay the arrears. Counter affidavit filed by the Government in W.P.(C)
No.9928/2018 indicates that the Director of C-STED made a detailed proposal
dated 17/10/2019 regarding payment of arrears and other allowances and re-
deployment of employees of C-STED. It was clearly mentioned that all the 41
daily waged employees were terminated with effect from 31/3/2018 by
GO(MS)2/2018/S& TD dated 28/4/2018. It was resolved to calculate and disburse
the arrears of salary to the employees and the one who had resigned. Ext.R1 (d)
shows that the Government resolved to dissolve C-STED and authorise the C-
STED directing to take necessary action. It was resolved to pay the arrears of
salary including several packages to the employees. Ext.R1(e) is a government
order G.O.(Rt.)No.9/2021/S & TD dated 26/2/2021 by which the Government
sanctioned 414.14 Lakhs for payment of arrears to the various employees who
were terminated.
13. The detailed facts mentioned above clearly shows that the relief sought
by the writ petitioners in W.P.(C) No.9928/2018 for regularistion of their service,
cannot survive. However, it seems that they have not been paid the arrears of
salary which includes the entire benefits due to them pursuant to the service,
including all other benefits. The above relief alone is liable to be granted.
14. In W.P.(C) No.16166/2021 also the writ petitioner contends that, he is
entitled for arrears of salary. He claims that he has not been paid the gratuity,
leave surrender, Provident Fund and other benefits. He also sought for penal
interest for payment of the entire amount due to them. No counter has been filed
by the Government in this writ petition disputing his claim. However, the amounts
due to him is yet to be quantified.
15. In W.P.(C) No.10019/2019, the prayer sought was for a direction to the
respondents to pay the entire arrears due to them and also to exercise a package
like voluntary retirement and to pay lumpsum amount on the basis of the length of
service rendered by the petitioners. The benefits were sought on the basis of
Ext.P8 report produced along with the writ petition. They also sought for an option
to avail the benefit of sub para 4 of para 12.7 of Ext.P8 report. In the counter
affidavit filed by the C-STED, there is no indication that the above package has
been accepted by the Government as well as C-STED. It is for the Government to
decide whether it propose to accept Ext.P8 report or not . The respondents are
bound to take a decision on the entire arrears payable to them . To that extent the
writ petition is liable to be allowed.
16. In W.P.(C) No.12262/2021 also, the relief sought was for directing the
second respondent to pay Gratuity, Provident Fund, Leave Salary and all other
consequential benefits as mentioned in Ext.P1 judgment and Ext.P4(a) report.
They also sought for a direction to disburse interest at the rate of 18% and penal
interest for the remaining benefits within a time frame.
17. Having considered the entire facts involved in each of the writ petition,
reliefs are liable to be granted as follows;
1). W.P.(C) No.9928/2018 is allowed in part directing the second respondent
to compute the entire benefits including the arrears of pay payable to the writ
petitioners after deducting the payments , if any, made till date to the petitioners
therein, within a period of two months from the date of receipt of a copy of this
judgment.
2). W.P.(C) No.16166/2021 and W.P.(C) No.12262/2021 are allowed. The
second respondent therein is directed to pay the entire amount due to the
petitioners including the gratuity, leave surrender and provident Fund to the extent
that the petitioners are entitled, within a period of two months from the date of
receipt of a copy of this judgment.
3). W.P.(C) No.10019/2019 is allowed in part directing the Government to
consider the prayer Nos. 1 and 2 in the writ petition and decide it also. The
Government shall pay the entire arrears payable to the petitioners including several
allowance, charges and such other benefits as may be found to be admissible to
them.
4). The gratuity amounts due to the petitioners shall carry statutory interest
from the date of default till payment.
Sd/-
SUNIL THOMAS
Judge
dpk
w.p.(c)nO.9928/2018 & OTHERS 16
APPENDIX OF WP(C) 10019/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 26006
OF 2013 DTD 14-07-2016
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN CONT.CASE (C)
NO. 1745 OF 2017 DTD 22-11-2018
EXHIBIT P3 TRUE COPY OF THE G.O(MS) NO. 04/2017/S AND TD
DTD 20-06-2017
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE GOVERNING
COUNCIL WHICH WAS SIGNED BY THE CHIEF
MINISTER ON 20-11-2017
EXHIBIT P5 TRUE COPY OF THE CANCELLATION G.O BEARING NO.
GO(MS) 2/2018/S AND TD DTD 28-04-2018
EXHIBIT P6 TRUE COPY OF THE LETTER BEARING NO.
A1/33/2018-S AND TD DTD 14-06-2018
EXHIBIT P7 TRUE COPY OF THE LETTER BEARING REF. NO.
CSTED /KKD/ESTT/2018/1584 WHICH HAD BEEN
FURNISHED BY THE DISTRICT COLLECTOR TO THE EX
OFFICIO PRINCIPAL SECRETARY ON 29-08-2018
ALONG WITH THE DETAILS OF THE ARREARS OF
SALARY.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE PAND
ARD STUDY REPORT OF 2018
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONERS BEFORE THE PRINCIPAL
SECRETARY, S AND TD DTD 8-3-2019.
EXHIBIT P10 TRUE COPY OF THE LETTER BEARING NO
A1/51/2019-S&TD DATED 11.10.2019
EXHIBIT P11 TRUE COPY OF THE INTIMATION GIVEN IN THAT
LINE DATED 27.2.2020 BY THE 4TH PETITIONER
EXHIBIT P12 TRUE COPY OF THIS MINUTES OF MEETING HELD ON
30.10.2019 UNDER THE PRESIDENTSHIP OF CHIEF
SECRETARY BEARING FILE NO A1/51/2019-S AND D
w.p.(c)nO.9928/2018 & OTHERS 17
EXHIBIT P12 TRUE COPY OF THIS MINUTES OF MEETING HELD ON
30.10.2019 UNDER THE PRESIDENTSHIP OF CHIEF
SECRETARY BEARING FILE NO A1/51/2019-S AND D
EXHIBIT P14 TRUE COPY OF THE GOVT.ORDER BEARING GO(MS) NO
3/2020/S&TD DATED 11.1.2020
RESPONDENT EXHIBITS
EXHIBIT R1 TRUE COPY OF (MS) NO.3/2008/S&TD DATED
28.04.2008.
EXHIBIT R1 TRUE COPY OF STAFF BYE-LAW OF C-STED.
EXHIBIT R1 THE MEMORANDUM OF ASSOCIATION OF C-STED.
EXHIBIT R1 COPY OF THE REPORT PREPARED BY THE
GOVERNMENT.
EXHIBIT R1 TRUE COPY OF THE MINUTES OF THE MEETING DATED
28.03.2019.
EXHIBIT R1 TRUE COPY OF THE MINUTES OF THE MEETING DATED
02.05.2019.
EXHIBIT R1 TRUE COPY OF THE REPORT DATED 27.03.2019
PREPARED BY THE DIRECTOR, C-STED.
EXHIBIT R4(a) TRUE COPY OF THE MINUTES OF THE MEETING OF
THE GOVERNING COUNCIL OF THE C-STED HELD ON
24/3/2018
EXHIBIT R4(b) TRUE COPY OF THE GO(mS)2/2018/S&TD DATED
28/4/2018
EXHIBIT R4(c) TRUE COPY OF THE REPRESENTATION OF THE
DISTRICT COLLECTOR TO THE 1ST RESPONDENT
DATED 29/8/2018
EXHIBIT R4(d) TRUE COPY OF THE MINUTES OF THE MEETING OF
GOVERNING COUNCIL DATED 2/5/2019
EXHIBIT R4(e) TRUE COPY OF THE REPORT DATED 25/6/2019
PREPARED BY THE 4TH RESPONDENT
w.p.(c)nO.9928/2018 & OTHERS 18
APPENDIX OF WP(C) 12262/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP(C) 26006 OF
2013 AND 25295 OF 2013 DTD 14/07/2016.
Exhibit P2 COPY OF THE MINUTES OF THE MEETING PRESIDED
OVER BY THE 1ST RESPONDENT HELD ON
02/05/2019.
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER G.O.(KI)
NO.3/2020/STD DTD. 11/01/2020.
Exhibit P4 VALUATION STATEMENT SUBMITTED WITH A COVERING
LETTER OF RIAB TO 2ND RESPONDENT DATED
30/07/2020.
Exhibit P4A RELEVANT PAGE PERTAINING TO THE DATA OF THE
PETITIONERS IN THE EXT.P4 REPORT.
Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(K)
NO.9/2021/S&TD THAT HAS BEEN ISSUED BY THE
2ND RESPONDENT DTD, 26/02/2021.
Exhibit P6 A TRUE COPY OF THE ORDER NO.C-
STED/KKD/S&TD/LDS/2020/39 DTD 2/7/2020 ISSUED
TO 1ST PETITIONER
Exhibit P7 A TRUE COPY OF THE TERMINATION ORDER NO.C-
STED/KKD/S &TD/LDS/2020/40 DTD.2/7/2020
ISSUED TO 2ND PETITIONER
Exhibit P8 A TRUE COPY OF THE ORDER NO.C-STED /KKD/S
&TD/LDS/2020/42 DATED 2/7/2020 ISSUED TO THE
3RD PETITIONER
EXT.P9: COPY OF COMMUNICATION NO.B2-681/2020
DATED 8/6/2020 ISSUED BY DISTRICT
REGISTRAR(GENERAL) TO DISTRICT COLLECTOR.
w.p.(c)nO.9928/2018 & OTHERS 19
APPENDIX OF WP(C) 16166/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DECISION TAKEN AT THE
INSTANCE OF CHIEF SECRETARY IN ITS MEETING
HELD ON 02.05.2019
Exhibit P2 A TRUE COPY OF ORDER G.O.(KI)NO.3/2020/S&TD
DTD 11.01.2020
Exhibit P3 A TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 16.03.2020 WHICH HAS BEEN SUBMITTED
TO THE 2ND RESPONDENT ALONG WITH A COVERING
LETTER NO.A1/210/2019/S&TD DTD 20.03.2020
Exhibit P4 A TRUE COPY OF THE COVERING LETTER NO.C-
STED/I-399/2020/D-336 DTD 30.07.2020 ALONG
WITH THE REPORT OF M/S MOHAN AND MOHAN
ASSOCIATES
Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER G.O.
(KI)NO.9/2021 S & TD DATED 26.02.2021 ISSUED
BY THE 2ND RESPONDENT.
w.p.(c)nO.9928/2018 & OTHERS 20
APPENDIX OF WP(C) 9928/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER BEARING
NO.I/STED/KKD/ESTT/2008/17-4 DTD. 1.1.2008.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.I/STED/KKD/ESTT/2008/2009-17 DT. 2.2.2008.
EXHIBIT P3 TRUE COPY OF THE DETAILS OF THE POST IN STED
PROJECT WHICH WAS TAKEN OVER BY C-STED AS PER
G.O. (MS) NO. 3/2008/S & TD DATED 28.04.2008.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DTD. 14.7.2016 IN
W.P.(C) NO. 25295 OF 2013.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BEFORE THE PRINCIPLE SECRETARY WHO
IS THE DIRECTOR-IN-CHARGE.
EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT FILED BY THE
PRINCIPAL SECRETARY TO GOVT. IN CONT.CASE NO.
1745 OF 2017 DTD. 23.11.2017.
EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 11.01.2018 BY THE DISTRICT COLLECTOR.
EXHIBIT P8 TRUE COPY OF THE DISABILITY CERTIFICATE DATED
6.4.2010.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE BEARING
REFERENCE NO.A/C-STED/KKD/ACCTS/2013 ISSUED
BY THE DIRECTOR, CSTED TO THE 3RD PETITIONER
DATED 12.9.2013.
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
PROJECT DIRECTOR, STED TO THE 4TH PETITIONER
BEARING REFERENCE NO.I/STED/KKD/ESTT/2007/304
DATED 5.2.2007.
EXHIBIT P11 TRUE COPY OF THE CIRCULAR ISSUED BY STED
PROJECT, KOZHIKODE BEARING REFERENCE
NO.I/STED/KKD/ESTT/2008/17-4 DATED 1.1.2008.
EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE PROJECT
DIRECTOR STED TO THE DISTRICT COORDINATOR,
w.p.(c)nO.9928/2018 & OTHERS 21
BEARING NO.III/STED/KKD/ACCTS/2009 DATED
19.6.2009.
RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE MINUTES OF THE METTING OF
THE GOVERNING BODY OF THE C-STED HELD ON
24.03.2018.
EXHIBIT R2(B) TRUE COPY OF THE GO(MS) 2/2018/S&TD DATED
28.04.2018.
EXHIBIT R2(C) TRUE COPY OF THE REPRESENTATION OF THE
DISTRICT COLLECTOR TO THE 1ST RESPONDENT
DATED 29.08.2018.
EXHIBIT R2(D) TRUE COPY OF THE JUDGMENT DATED 22.11.2018 IN
CONTEMPT CASE NO.402/2017.
EXHIBIT R2(E) TRUE COPY OF THE JUDGMENT DATED 22.11.2018 IN
CONTEMPT CASE NO.1745/2017.
