Kerala High Court
Kadija Beevi M.A vs State Of Kerala on 21 December, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH
AGRAHAYANA, 1945
WP(C) NO. 7029 OF 2022
PETITIONERS:
1 KADIJA BEEVI M.A.,
AGED 48 YEARS,
D/O. ABBUBAKKER M.M.,
L.D CLERK, KERALA STATE WAQF BOARD,
VIP ROAD, KALOOR, KOCHI-682017,
RESIDING AT MARAKKAPRAMBIL HOUSE,
PATTNAM P.O., VADAKKEKKARA,
ERNAKULAM DISTRICT-683522.
2 BENCY P.A.,
AGED 49 YEARS,
D/O. ABDULKHADAR P.A.,
L.D. TYPIST, KERALA STATE WAQF BOARD,
VIP ROAD, KALOOR, KOCHI-682017,
RESIDING AT PALLATH HOUSE,
MUNDOPADATH, PERUMBADANNA,
NORTH PARAVOOR P.O.,
ERNAKULAM DISTRICT-683513.
3 SHAMEENA BEEGUM C.D.,
AGED 46 YEARS,
D/O. DHARVESH KHAN C.U.,
L.D CLERK, KERALA STATE WAQF BOARD,
VIP ROAD, KALOOR, KOCHI-682017,
RESIDING AT CHIRAKKAPRAMBIL HOUSE, THOPPUMPADY,
KOCHI-682005.
W.P.(C) Nos.7029 & 30471 of 2022
:2:
BY ADVS.
SHRI.C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SHRI.FRANKLIN ARACKAL
SHRI.PAUL C THOMAS
SHRI.M.B.SOORI
SHRI.BABU M.
SHRI.ANCY THANKACHAN
SHRI.NIDHIN RAJ VETTIKKADAN
SHRI.HAARIS MOOSA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL
SECRETARY TO THE GOVERNMENT OF KERALA, REVENUE
(F) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA STATE WAQF BOARD,
VIP ROAD, KALOOR,
KOCHI-682017,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
3 THE CHIEF EXECUTIVE OFFICER,
KERALA WATE WAQF BOARD,
VIP ROAD, KALOOR,
KOCHI-682017.
BY ADV.
SHRI.JAMSHEED HAFIZ
SHRI.K.P.SAROJINI, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.12.2023, ALONG WITH WP(C).30471/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.7029 & 30471 of 2022
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH
AGRAHAYANA, 1945
WP(C) NO. 30471 OF 2022
PETITIONERS:
BENCY P.A,
AGED 50 YEARS,
D/o.ABDUL KHADAR P.A.,
PRESENTLY WORKING AS L.D TYPIST IN THE
HEAD OFFICE OF THE KERALA STATE WAKF BOARD
RESIDING AT PALLATH HOUSE,
MUNDOPADATH,
PERUMBADANNA, NORTH PARAVOOR P.0,
ERNAKULAM DISTRICT, PIN - 683513
BY ADVS.
SHRI.C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SHRI.BABU M.
SHRI.ANCY THANKACHAN
SHRI.NIDHIN RAJ VETTIKKADAN
SHRI.HAARIS MOOSA
SHRI.GOURI KAILASH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO THE
GOVERNMENT OF KERALA,
REVENUE (F) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.P.(C) Nos.7029 & 30471 of 2022
:4:
2 KERALA STATE WAQF BOARD,
V.I.P. ROAD, KALOOR,
KOCHI, REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER,
PIN - 682017
3 THE CHIEF EXECUTIVE OFFICER,
KERALA STATE WAQF BOARD,
V.I.P. ROAD, KALOOR,
KOCHI, PIN - 682017
BY ADVS.
SHRI. K.P.SAROJINI, GOVERNMENT PLEADER,
SHRI. JAMSHEED HAFIZ, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.12.2023, ALONG WITH WP(C).7029/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.7029 & 30471 of 2022
:5:
CR
N. NAGARESH, J.
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W.P.(C) Nos.7029 and 30471 of 2022
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Dated this the 20th day of December, 2023
JUDGMENT
~~~~~~~~~
Both these writ petitions have been filed with
similar set of facts and raise common question of law.
Hence, they are heard together and disposed of by a
common judgment.
2. The 1st petitioner in W.P.(C) No.7029/2022 was
initially appointed as Temporary LD Clerk in the office of the
2nd respondent-Kerala State Waqf Board on 02.12.2006.
The 2nd petitioner was appointed as Temporary LD
Stenographer on 02.12.2006. The 3 rd petitioner was
W.P.(C) Nos.7029 & 30471 of 2022
appointed as Temporary LD Clerk on 09.03.2007. They were
appointed as they were sponsored by employment exchange
and were successful in a selection process consisting of
written test and interview. The petitioners state that their
selection and appointment were in accordance with the
provisions contained in the Kerala Waqf Board Regulations,
2003.
3. The 1st petitioner is a graduate in Zoology and
holds Post Graduate Diploma in Computer Application. He
has also passed typewriting English Higher. The 2 nd
petitioner holds Diploma in Commercial Practice and is
qualified in Computer Word Processing Malayalam Lower.
The 3rd petitioner is a Commerce graduate and has qualified
Typewriting English and Hindi Higher. He also holds
DOEACC 'O' Level examination.
4. The petitioners state that during the time of their
appointment, most of the employees under the Waqf Board
were working on daily wages or contract basis. The 2 nd
respondent regularised the services of many employees.
W.P.(C) Nos.7029 & 30471 of 2022
One Smt. Junaitha filed W.P.(C) No.14845/2009 and this
Court allowed the writ petition directing the respondents to
regularise the service of Smt. Junaitha with retrospective
effect and with consequential benefits.
5. Subsequently, the 2nd respondent initiated steps to
regularise the service of temporary employees like the
petitioners. While so, the 2003 Regulations were replaced
by the Kerala State Waqf Board Regulations, 2016.
Regulation 5.2(2) of Chapter 4 of the Regulations, 2016
provided that employees who were appointed through
Employment Exchanges and continuing on contract basis
with a minimum of seven years service, shall be allowed to
continue in service and if such employees have all the
qualifications prescribed under the Regulations, their
services shall be regularised with prospective effect from the
date of publication of Regulations. Ext.P4 Regulations were
published on 01.02.2016.
6. The petitioners state that they are all qualified to
hold their respective posts and their services are therefore
W.P.(C) Nos.7029 & 30471 of 2022
liable to be regularised. However, the regularisation process
was not proceed with. The petitioners therefore filed W.P.(C)
No.19140/2017. This Court as per Ext.P20 judgment dated
28.07.2017 disposed of the writ petition directing the 1 st
respondent to consider the representations submitted by the
petitioners. Contending that the representations of the
petitioners were already rejected, the 1 st respondent filed
W.A. No.2300/2017 against Ext.P20 judgment. A Division
Bench of this Court disposed of the Writ Appeal affirming
Ext.P20 judgment, modifying the judgment to the extent to
dispose of the pending representations in accordance with
whichever Regulations in force.
7. On 24.07.2019, by Ext.P22 order, the 1st
respondent rejected the representations of the petitioners.
The petitioners challenged Ext.P22 order filing W.P.(C)
No.23682/2019. This Court set aside Ext.P22 GO and
directed the respondents to consider the matter afresh in
terms of Regulations, 2016. Subsequently, the 1 st
respondent granted approval for regularisation of the
W.P.(C) Nos.7029 & 30471 of 2022
services of the petitioners, as per Ext.P32. In Ext.P32, it was
stated that regularisation will take effect only from the date of
the GO. The petitioners would contend that the said
condition goes against the provisions of the Regulations,
2016. The 3rd respondent, however, passed Ext.P34
proceedings regularising the services of the petitioners with
effect from 01.01.2022 only. The petitioners are aggrieved
by the prospective regularisation.
8. The petitioners submitted representations seeking
retrospective regularisation. Thereupon, the 3 rd respondent-
Chief Executive Officer of the Waqf Board prepared a
detailed report, Ext.P40. Ext.P40 indicated that the
retrospective regularisation of the petitioners will not create
any additional financial burden to the Government and that
the case of the petitioners for retrospective regularisation is
fully justified. In spite of the recommendations of the 3 rd
respondent, the petitioners are not given the benefit of
retrospective regularisation to which they are statutorily
entitled to, contend the petitioners.
W.P.(C) Nos.7029 & 30471 of 2022
9. As the 2nd petitioner in W.P.(C) No.7029/2022 has
filed a separate writ petition, W.P.(C) No.30471/2022, the
case of the 2nd petitioner is being considered in W.P.(C)
No.30471/2022.
10. The petitioner in W.P.(C) No.30471/2022 was also
recruited through employment Exchange after a written test
and interview in terms of the Kerala Waqf Board
Regulations, 2003. She was appointed as temporary LD
Stenographer with effect from 19.03.2007. The petitioner's
service was regularised with effect from 01.01.2022. The
petitioner would contend that she is also entitled to
regularisation with retrospective effect.
11. By Ext.P22 Government Order dated 01.01.2022,
the Principal Secretary to the Government ordered that the
petitioner be regularised in service as LD Typist with effect
from the date of Ext.P22 order. In fact, the petitioner was
working as LD Stenographer. The Kerala State Waqf Board
by Ext.P19 decision dated 07.12.2021 had recommended to
regularise the petitioner in the post held by the petitioner.
W.P.(C) Nos.7029 & 30471 of 2022
12. By Ext.P31 communication dated 17.02.2022, the
Chief Executive Officer of the Board had again
recommended to regularise the service of the petitioner as
Confidential Assistant Grade-II. Ext.P32 Kerala Waqf
Regulations, 2003 would show that there is a post of LD
Stenographer under the Kerala State Waqf Board. However,
the petitioner was finally regularised only in the post of LD
Typist as per Ext.P22 Government Order. The petitioner
seeks regularisation in the post of Confidential Assistant
Grade-II with effect from 01.02.2016.
13. The 1st respondent-State of Kerala resisted the
writ petitions filing counter affidavit. The 1st respondent
submitted that the petitioners were appointed on temporary
basis as they were sponsored by the Employment Exchange.
The petitioners were qualified for appointment as per the
then existing Kerala Waqf Board Regulations, 2003. The
chief Executive Officer of the Waqf Board reported that after
2008, no regular recruitment was made to the Waqf Board
following procedures prescribed by the Regulations. The
W.P.(C) Nos.7029 & 30471 of 2022
employees were appointed on temporary basis and some of
them were regularised on the basis of the orders passed by
the High Court of Kerala as well as the Government.
14. On and from 01.02.2016, the Kerala State Waqf
Board Regulations, 2016 came into force. Regulation 5.2(2)
of the Regulations, 2016 provided that employees, who were
appointed through the Employment Exchange and continuing
on contract basis with minimum of seven years service under
the Board, shall be allowed to continue in service and that if
such employees have all the qualifications prescribed under
the Regulations, their service shall be regularised with
prospective effect from the date of publication of Regulations.
15. The 1st respondent, however, pointed out that the
Government as per GO(P) No.31/2018/Fin dated 03.03.2018
have stipulated that under any circumstances the temporary
employees in Government Departments, semi government/
public sector undertakings and institutions which provide
salary and pension to the employees with the assistance of
government grant, regularisation shall be effective only from
W.P.(C) Nos.7029 & 30471 of 2022
the date of the issuance of the order.
16. The 1st respondent further submitted that the
Board furnished proposals leading to regularisation of 13
temporary employees including the petitioners who were
recruited through Employment Exchange and continuing on
contract basis for more than seven years. On 15.11.2017,
the Government took a policy decision to entrust the
recruitment of employees in the Kerala State Waqf Board to
the Kerala Public Service Commission. It was also decided
to regularise only those temporary members who were in the
scale of pay as on 15.11.2017. But, there were no temporary
employees serving in the scale of pay. The 1st respondent
states that Regulation 5.2(2) lacked transparency regarding
recruitment of the officers and employees and therefore
procedure for amendment of the said sub-regulation has
been initiated.
17. The petitioners were qualified on 01.02.2016, the
date of publication of the Regulations, 2016 and on that date,
the petitioners had completed seven years qualifying service
W.P.(C) Nos.7029 & 30471 of 2022
as stipulated in the Regulations. Therefore, the Government
decided to regularise the service of the petitioners in their
respective posts without retrospective effect. Prospective
effect was given to their regularisation in view of GO(P)
No.31/2018/Fin dated 03.03.2018 which stipulated that under
no circumstances, the temporary employees in Government
Department, semi government / public sector undertakings
and the institutions which provide salary and pension to the
employees with the assistance of Government grant are
regularised retrospectively. The writ petitions are therefore
without any force or merit and are liable to be dismissed,
contended the 1st respondent.
18. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
the State of Kerala and the learned Standing Counsel
appearing for the Kerala State Waqf Board.
19. The petitioners were appointed as Temporary LD
Clerk / Temporary LD Stenographer during the years 2006-
2007 as per the Kerala Waqf Board Regulations, 2003,
W.P.(C) Nos.7029 & 30471 of 2022
which was in vogue then. The petitioners were sponsored by
Employment Exchange. The petitioners were selected on
the basis of a written examination and interview. The initial
appointments were for a period of three years. However, the
petitioners continued in service on contract basis as per the
orders issued by the Waqf Board.
20. The Regulations, 2003 were replaced by the
Kerala State Waqf Board Regulations, 2016 as per GO
dated 27.01.2016. The Regulations, 2016 were published in
Kerala Gazette on 01.02.2016. Regulation 5.2(2) of Chapter
IV of the Regulations, 2016 provided that employees, who
were appointed through Employment Exchanges and
continuing on contract basis with a minimum of seven years
service in the service of the Board, shall be allowed to
continue in service even after the Regulations came into
force. If such employees have all the qualifications
prescribed under the Regulations, their service shall be
regularised with the prior sanction of the Government with
prospective effect from the date of publication of the
W.P.(C) Nos.7029 & 30471 of 2022
Regulations.
21. Relying on the Regulations, 2016, the petitioners
submitted representations seeking to regularise their
services as LD Clerk and LD Stenographer.
22. The representations of the petitioners were
rejected as per Ext.P22 Government Order dated
24.07.2019. The representations were rejected relying on
the judgment of the Apex Court in Secretary, State of
Karnataka v. Umadevi [AIR 2006 SC 1806].
23. The petitioners submitted further representations
seeking regularisation. The Chief Executive Officer of the
Waqf Board forwarded Ext.P29 resolution dated 07.12.2021
resolving that in view of Regulation 5.2(2), employees like
the petitioners who satisfy the educational qualifications for
holding the posts and who are sponsored by the Employment
Exchange for their appointment can be regularised with the
sanction of the Government.
24. Thereafter, by Ext.P34 proceedings dated
10.01.2022 of the Chief Executive Officer of the Waqf Board,
W.P.(C) Nos.7029 & 30471 of 2022
the petitioners were regularised in service with effect from
01.01.2022. The grievance raised by the petitioners is that
as per Regulation 5.2(2), the petitioners are liable to be
regularised in service with effect from 01.02.2016, with effect
from which date the Kerala State Waqf Board Regulations,
2016 came into force.
25. The respondents have taken a stand that as per
GO(P) No.31/2018/Fin dated 03.03.2018, under any
circumstances, the temporary employees in Government
Departments, semi Government / public sector undertakings
and institutions which provide salary and pension to the
employees with the assistance of Government grant, the
regularisation shall be effective only from the date of the
issuance of the order. The question is whether such
Government Orders can deny the petitioners regularisation in
service with effect from the date on which the Regulations,
2016 came into force.
26. It is to be noted that unlike service rules relating to
other Boards and Public Sector Undertakings, the Kerala
W.P.(C) Nos.7029 & 30471 of 2022
State Waqf Board Regulations, 2016 stand on a different
footing. In service jurisprudence, the generally accepted
modes of appointment are appointment by direct recruitment,
appointment by promotion, appointment by transfer and
appointment on deputation. Regularisation is not usually
adopted as a mode of recruitment in Government services
and services in Public Sector Undertakings.
27. The Hon'ble Apex Court has held in the judgment
in Umadevi (supra) that regularisation of temporary
employees shall be made subject to certain norms. Those
who were appointed on temporary basis should be duly
qualified to hold the post. Such temporary appointments
should be against sanctioned posts. The temporary
employees should have worked at least for a period of ten
years without break. Such continuous service should not be
based on any court orders. Such employees should have
completed ten years service by 10.04.2006. Regularisation
of their services should be on the basis of a Scheme framed
by the State Government. Grant of regularisation should be
W.P.(C) Nos.7029 & 30471 of 2022
a one time affair and shall not be continued.
28. The Hon'ble Apex Court delivered the judgment in
Umadevi (supra) while dealing with services which did not
statutorily recognise regularisation as a mode of appointment
to government service / to the services under the Public
Sector Undertakings.
29. In the case of the Kerala State Waqf Board,
Section 24 of the Waqf Act, 1995, provides that the Board
shall have the assistance of such number of officers and
other employees as may be necessary for the efficient
performance of its functions under the Act, details thereof
shall be determined by the Board in consultation with the
State Government. Section 24(2) provides that the
appointment of officers and other employees, their term of
office and conditions of service shall be such as may be
provided by the Regulations.
30. Ext.P14-Kerala State Waqf Board Regulations,
2016 have been framed in exercise of the powers conferred
by Section 110 of the Waqf Act, 1995 and with the previous
W.P.(C) Nos.7029 & 30471 of 2022
sanction of the Government of Kerala. Chapter IV of the
Regulations, 2016 provides for recruitment of officers and
employees. Regulation 5.2(2) of the Regulations reads as
follows:
Employees who were appointed through the
Employment Exchange and continuing on contract
basis with minimum of seven years service in the
service of the Board shall be allowed to continue in
the service of the Board even after these
regulations come into force. If such employees
have all the qualifications prescribed under the
regulations, their service shall be regularised with
the prior sanction of the Government with
prospective effect from the date of publication of
regulations.
The Regulations therefore statutorily accept regularisation as
a mode of appointment. The conditions stipulated in
Regulation 5.2(2) are:
(i) the temporary employees should be
appointed through Employment Exchanges.
(ii) they should be continuing on contract
basis with minimum of seven years of service.
(iii) the employees shall have all the
qualifications prescribed under the Regulations and
W.P.(C) Nos.7029 & 30471 of 2022
regularisation should be with prior sanction of the
Government.
Regulation 5.2(2) specifically lays down that regularisation of
employees shall be with prospective effect from the date of
publication of Regulations.
31. In the case of the petitioners, all the petitioners
were appointed through Employment Exchanges and they
were appointed after undergoing a selection process
consisting of written test and interview. They have been
continuing on contract basis and had more than seven years
service in the Waqf Board when the Regulations, 2016 came
into force. The petitioners possess the qualifications
prescribed for the posts under the Regulations. The
Government has granted sanction for regularisation of the
petitioners.
32. When the petitioners satisfy all the eligibility
conditions for regularisation as mandated by the Regulations,
2016 and when the Government has granted sanction for
regularisation, such regularisation should be with effect from
W.P.(C) Nos.7029 & 30471 of 2022
the date of publication of Regulations as stipulated by
Regulation 5.2(2). The decision of the respondents to
regularise the services of the petitioners with effect from a
subsequent date, namely 01.01.2022, is therefore
unsustainable.
33. It is true that Ext.P36 Government Order dated
03.03.2018 gives general instructions and stipulates that
regularisation of Government employees or the employees of
the Semi Government / Public Sector Undertakings shall be
only with effect from the date of the order of regularisation.
Ext.P36 is an order issued under Article 162 of the
Constitution of India, in exercise of the executive power of
the State. The Kerala State Waqf Board Regulations, 2016,
on the other hand, have statutory force supported by Section
24 and Section 110 of the Waqf Act, 1995. Therefore,
Ext.P36 Government Order cannot override the provisions of
the Kerala State Waqf Board Regulations, 2016.
34. In the case of the petitioner in W.P.(C)
No.30471/2022, it is evident that by Ext.P19, the Board has
W.P.(C) Nos.7029 & 30471 of 2022
taken a decision to regularise the services of the petitioner in
the post held by the petitioner. Ext.P31 recommendation
dated 17.02.2022 of the Chief Executive Officer is to
regularise the services of the petitioner in the post of
Confidential Assistant Grade-II as the post of LD
Stenographer was re-designated as Confidential Assistant.
Clause 5.2(2) of the Regulations, 2016 also contemplates
regularisation of employees in the post held by them, in
respect of which the employees satisfy the educational
qualification. Therefore, the decision of the Government
contained in Ext.P22 order dated 01.01.2022 to regularise
the petitioner as LD Typist cannot be justified.
35. In the afore circumstances, the petitioners are
bound to succeed. Ext.P34 proceedings of the 3 rd
respondent in W.P.(C) No.7029/2022 (Ext.P25 in W.P.(C)
No.30471/2022) is therefore set aside to the extent it restricts
the date of regularisation of the petitioners with effect from
01.01.2022. The 3rd respondent is directed to regularise the
services of the petitioners, with effect from 01.02.2016, the
W.P.(C) Nos.7029 & 30471 of 2022
date of publication of the Kerala State Waqf Board
Regulations, 2016. The petitioner in W.P.(C) No.30471/2022
shall be regularised in the post of Confidential Assistant
Grade-II as recommended by the 3 rd respondent-Chief
Executive Officer in Ext.P31 communication dated
17.02.2022. The petitioners shall be granted all
consequential benefits.
The writ petitions are allowed as above.
Sd/-
N. NAGARESH, JUDGE
aks/20.12.2023
W.P.(C) Nos.7029 & 30471 of 2022
APPENDIX OF WP(C) 7029/2022
PETITIONERS' EXHIBITS:
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT DATED 02/12/2006.
Exhibit P2 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT DATED 02/12/2006.
Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT DATED 19/03/2007.
Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF
DEGREE OF BACHELOR OF SCIENCE OF THE
1ST PETITIONER.
Exhibit P5 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, DATED 20/12/1994 OF THE
1ST PETITIONER.
Exhibit P6 A TRUE COPY OF THE CERTIFICATE OF
TYPEWRITING ENGLISH HIGHER OF THE 1ST
PETITIONER.
Exhibit P7 A TRUE COPY OF THE CERTIFICATE OF
DIPLOMA IN COMMERCIAL PRACTICE, ISSUED
BY THE STATE BOARD OF TECHNICAL
EDUCATION OF THE 2ND PETITIONER.
Exhibit P8 A TRUE COPY OF THE CERTIFICATE OF
COMPUTER WORD PROCESSING, MALAYALAM
LOWER TO THE 2ND PETITIONER.
Exhibit P9 A TRUE COPY OF THE CERTIFICATE OF
COMPUTER WORD PROCESSING, LOWER OF THE
2ND PETITIONER.
Exhibit P10 A TRUE COPY OF THE CERTIFICATE OF
DEGREE OF BACHELOR OF COMMERCE OF THE
3RD PETITIONER.
Exhibit P11 A TRUE COPY OF THE CERTIFICATE IN
TYPEWRITING ENGLISH HIGHER OF THE 3RD
PETITIONER.
Exhibit P12 A TRUE COPY OF THE CERTIFICATE IN
TYPEWRITING HINDI HIGHER OF THE 3RD
PETITIONER.
Exhibit P13 A TRUE COPY OF THE CERTIFICATE OF 'O
LEVEL EXAMINATION' ISSUED BY DOEACC
SOCIETY TO THE 3RD PETITIONER.
W.P.(C) Nos.7029 & 30471 of 2022
Exhibit P14 A TRUE COPY OF THE KERALA STATE WAQF
BOARD REGULATIONS, 2016, PUBLISHED IN
KERALA GAZETTE VIDE GO(MS)
NO.58/2016/RD DATED 27/01/2016.
Exhibit P15 A TRUE COPY OF THE LETTER NO. B6-
571/2016 DATED 10/02/2016 ISSUED BY
THE 3RD RESPONDENT TO THE PRINCIPAL
SECRETARY.
Exhibit P16 A TRUE COPY OF THE LETTER NO. B6-
571/2016 DATED 30/04/2016 ISSUED BY
THE 3RD RESPONDENT TO THE ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, REVENUE
(F) DEPARTMENT.
Exhibit P17 A TRUE COPY OF THE REPRESENTATION
DATED 05/05/2017 SUBMITTED BY THE 1ST
PETITIONER.
Exhibit P18 A TRUE COPY OF THE REPRESENTATION
DATED 05/05/2017 SUBMITTED BY THE 2ND
PETITIONER.
Exhibit P19 A TRUE COPY OF THE REPRESENTATION
DATED 05/05/2017 SUBMITTED BY THE 3RD
PETITIONER.
Exhibit P20 TRUE COPY OF THE JUDGMENT DATED
28/07/2017 IN WPC NO.19140/2017 OF THE
HON'BLE HIGH COURT OF KERALA.
Exhibit P21 A TRUE COPY OF THE JUDGMENT DATED
27/09/2018 IN WA NO.2300/2017 OF THE
HON'BLE HIGH COURT OF KERALA.
Exhibit P22 A TRUE COPY OF THE GO(RT)
NO.2017/2019/RD DATED 24/07/2019
ISSUED BY THE 1ST RESPONDENT.
Exhibit P23 A TRUE COPY OF THE JUDGMENT IN WPC
NO.23682/2019 DATED 01/02/2021.
Exhibit P24 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS DATED
09/02/2021.
Exhibit P25 A TRUE COPY OF THE LAWYER NOTICE DATED
03/05/2021 SENT TO THE 1ST RESPONDENT.
Exhibit P26 A TRUE COPY OF THE ORDER IN IA
NO.2/2021 IN WPC NO.23682/2019 DATED
27/07/2021.
W.P.(C) Nos.7029 & 30471 of 2022
Exhibit P27 A TRUE COPY OF THE JUDGMENT DATED
27/07/2021 IN CON. CASE (C) NO.
965/2021.
Exhibit P28 A TRUE COPY OF THE ORDER IN IA
NO.3/2021 IN WPC NO.23682/2019 DATED
07/10/2021.
Exhibit P29 A TRUE COPY OF THE RESOLUTION NO.17
DATED 07/12/2021 PASSED BY THE WAQF
BOARD.
Exhibit P30 A TRUE COPY OF THE LETTER NO. C1-SR-
293/2019 DATED 07/12/2021 ISSUED BY
THE CEO OF THE WAQF BOARD TO THE 1ST
RESPONDENT FORWARDING THE RESOLUTION.
Exhibit P31 A TRUE COPY OF THE ORDER IN CONTEMPT
CASE (C) NO.965/2021 DATED 22/12/2021.
Exhibit P32 A TRUE COPY OF THE GO(K)
NO.2/2022/REV. DATED 01/01/2022 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P33 A TRUE COPY OF THE REPRESENTATION
FORWARDED BY THE PETITIONERS TO THE
1ST RESPONDENT DATED 01/01/2022.
Exhibit P34 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT NO.B6-571/2016 DATED
10/01/2022 IS ISSUED TO THE
PETITIONERS.
Exhibit P35 A TRUE COPY OF THE ORDER IN IA
NO.1/2021 IN CONTEMPT CASE (C)
NO.965/2021 IN WPC NO.23682/2019 DATED
04/01/2022.
Exhibit P36 A TRUE COPY OF THE GO NO.31/2018/FIN
DATED 03/03/2018.
Exhibit P37 A TRUE COPY OF THE REPRESENTATION
DATED 01/02/2022 SUBMITTED BY THE
PETITIONERS TO THE 1ST RESPONDENT
WITHOUT ITS ENCLOSURES.
Exhibit P38 A TRUE COPY OF THE LETTER DATED
03/02/2022 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST RESPONDENT
FORWARDING THE REPRESENTATION OF THE
PETITIONERS.
W.P.(C) Nos.7029 & 30471 of 2022
Exhibit P39 A TRUE COPY OF THE WORKSHEET SHOWING
THE ARREARS OF SALARY BASED ON THE PAY
SCALE IN THE EVENT OF RETROSPECTIVE
REGULARIZATION, PREPARED BY THE
PETITIONERS.
Exhibit P40 A TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 17/02/2022 FORWARDING
TO THE 1ST RESPONDENT.
W.P.(C) Nos.7029 & 30471 of 2022
APPENDIX OF WP(C) 30471/2022
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF
DIPLOMA IN COMMERCIAL PRACTICE (3
YEARS COURSE) ISSUED BY STATE BOARD OF
TECHNICAL EDUCATION
Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE STATE BOARD OF PUBLIC
EXAMINATION DATED 22/03/2003
Exhibit P3 A TRUE COPY OF THE CERTIFICATE IN
COMPUTER WORD PROCESSING ISSUED BY
BOARD OF TECHNICAL EXAMINATION ON
8/08/2011
Exhibit P4 A TRUE COPY OF APPOINTMENT ORDER OF
THE PETITIONER DATED 2/12/2006 ISSUED
BY THE 3RD RESPONDENT
Exhibit P5 A TRUE COPY OF THE SELECT LIST
CONTAINING THE NAME OF THE PETITIONER,
SIGNED BY THE CEO/ 3RD RESPONDENT
Exhibit P6 A TRUE COPY OF AGREEMENT DATED
29/05/2009 EXECUTED BY THE PETITIONER
AND THE 3RD RESPONDENT
Exhibit P7 A TRUE COPY OF THE AGREEMENT DATED
01.01.2016 EXECUTED BY THE PETITIONER
AND THE 3RD RESPONDENT
Exhibit P8 A TRUE COPY OF THE KERALA STATE WAQF
BOARD REGULATION, 2016 IS PUBLISHED ON
1/02/2016 IN THE KERALA GAZETTE
Exhibit P9 A TRUE COPY OF ONE SUCH LETTER ISSUED
BY THE CE0 TO THE PRINCIPAL SECRETARY,
Exhibit P10 A TRUE COPY OF ANOTHER LETTER
NO:B6571/2016 DATED 30/04/2016 ISSUED
BY CEO TO THE ADDITIONAL CHIEF
SECRETARY TO GOVERNMENT
Exhibit P11 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
10.03.2017 GOVERNMENT
Exhibit P12 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
05/05/2017 BEFORE THE 1ST RESPONDENT
W.P.(C) Nos.7029 & 30471 of 2022
Exhibit P13 A TRUE COPY OF THE JUDGMENT IN WP(C)
19140/2017 DATED 28/07/2017
Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED
27.09.2018 OF THIS HON'BLE COURT IN WA
Exhibit P15 A TRUE COPY OF THE G.0.(RT) NO.
2017/2019/RD, DATED 24.07.2019, ISSUED
BY THE 1ST RESPONDENT
Exhibit P16 A TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.23682/2019 DATED 01.02.2021
Exhibit P17 A TRUE COPY OF THE ORDER IN IA
NO.2/2021 IN W.P(C) NO. 23682/2019
DATED 27.07.2021
Exhibit P18 A TRUE COPY OF THE JUDGMENT IN
CON.CASE(C) NO.965/2021 DATED
27.07.2021
Exhibit P19 A TRUE COPY OF THE RESOLUTION NO.17
DATED 07.12.2021 PASSED BY THE WAQF
BOARD
Exhibit P20 A TRUE COPY OF THE LETTER ISSUED BY
THE CE0 OF THE WAQF BOARD TO THE 1ST
RESPONDENT FORWARDING THE RESOLUTION
DATED 07.12.2021
Exhibit P21 A TRUE COPY OF THE ORDER IN CONTEMPT
CASE (C) NO.965/2021 DATED 22.12.2021
Exhibit P22 A TRUE COPY OF THE GO(MS)
NO.2/2022/REV DATED 01.01.2022 ISSUED
BY THE 1ST RESPONDENT
Exhibit P23 A TRUE COPY OF THE REPRESENTATION
DATED 28/01/2022 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P24 A TRUE COPY OF THE REPRESENTATION
FORWARDED BY THE PETITIONERS TO THE
1ST RESPONDENT DATED 01.01.2022
Exhibit P25 A TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT NO.B6-571/2016 DATED
10.01.2022 IS ISSUED TO THE
PETITIONERS THEREIN
Exhibit P26 A TRUE COPY OF THE ORDER IN IA
NO.1/2021 IN CONTEMPT CASE(C)
NO.965/2021 IN W.P(C) NO.23682/2019
DATED 04.01.2022
W.P.(C) Nos.7029 & 30471 of 2022
Exhibit P27 A TRUE COPY OF THE GO NO.31/2018/FIN
DATED 03.03.2018
Exhibit P28 A TRUE COPY OF THE REPRESENTATION
DATED 01.02.2022 SUBMITTED BY THE
PETITIONERS TO THE 1ST RESPONDENT
WITHOUT ITS ENCLOSURES
Exhibit P29 A TRUE COPY OF THE LETTER DATED
03.02.2022 ISSUED BY THE 3RD
RESPONDENT TO THE 1ST RESPONDENT
FORWARDING THE REPRESENTATION OF THE
PETITIONER
Exhibit P30 A TRUE COPY OF THE WORKSHEET SHOWING
THE ARREARS OF SALARY BASED ON THE PAY
SCALE IN THE EVENT OF RETROSPECTIVE
REGULARIZATION, PREPARED BY THE
PETITIONER
Exhibit P31 A TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 17.02.2022 FORWARDED
TO THE 1ST RESPONDENT
Exhibit P32 A TRUE COPY OF THE RELEVANT PAGE OF
THE KERALA WAQF BOARD REGULATION, 2003
Exhibit P33 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 10/06/2022
SR
