Kerala High Court
Saritha P.K., D/O P.A.Kuttan,Junior vs State Of Kerala,Represented By The ... on 10 April, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
1
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 491 OF 2023
AGAINST THE JUDGMENT DATED 20.07.2023 IN OA (EKM) NO.440 OF 2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 VINOD KUMAR T.R, AGED 46 YEARS
S/O.K.S.RAGHAVAN, HEAD ACCOUNTANT,
SUB REGIONAL TRANSPORT OFFICE,
NORTH ARAVOOR P.O, PERUMPADANNA,
ERNAKULAM, RESIDING AT VINOD BHAVAN,
UDAYATHINVATHIL, PANANGAD P.O.
ERNAKULAM, KOCHI, PIN - 682506
2 ASHA GOPINATH, AGED 48 YEARS
D/O.GOPINATHAN NAIR, JUNIOR SUPERINTENDENT,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
KAKKANAD P.O. ERNAKULAM -682030,
RESIDING AT B4/945, REVATHI,
EDAPPALLY P.O, ERNAKULAM, KOCHI, PIN - 682024
3 PREM KUMAR P.G,
AGED 43 YEARS
S/O.GOPINATH, SENIOR CLERK, REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KAKKANAD P.O.ERNAKULAM -682030, RESIDING
AT PREM NIVAS, VALLEKUNNAM, EDAPPALLY NORTH P.O.
ERNAKULAM, KOCHI, PIN - 682024
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2
2025:KER:24560
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
SILPA SREEKUMAR
RESPONDENTS:
1 THE STATE OF KERALA ,
REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
MOTOR VEHICLES DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TRANSPORT COMMISSIONERATE,
REPRESENTED BY TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHACAUD, THYCAUD
P.O.,THIRUVANANTHAPURAM,, PIN - 695014
3 TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,TRANS TOWER, VAZHUTHACAUD,
THYCAUD P.O.THIRUVANANTHAPURAM, PIN - 695014
4 BIJOY PETER, AGED 42 YEARS
S/O.K.V.PETER, MOTOR VEHICLES INSPECTOR,
OFFICE OF THE ENFORCEMENT RTO,
CIVIL STATION, KAKKANAD,
ERNAKULAM-682030,
RESIDING AT KOODARAPALLIL,
THOMASPURAM,MARAUD P.O.,
ERNAKULAM, PIN - 682304
5 KERALA MOTOR VEHICLES DEPARTMENT,
GAZETTED OFFICERS ASSOCIATION V/610, UNICHIRA,
EDAPPALLY, THRIKKAKARA P.O, ERNAKULAM-682030,
REPRESENTED BY ITS GENERAL SECRETARY A.S.VINOD,
WORKING AS MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
PATHANAPURAM, KOLLAM -689695,
RESIDING AT VIJAYA NIVAS,
MULAVANA P.O, KOLLAM, PIN - 691503
6 MANOJ KUMAR G,AGED 49 YEARS
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
3
2025:KER:24560
S/O.GANGADHARAN, N.D.MOTOR VEHICLE INSPECTOR,SUB
REGIONAL TRANSPORT OFFICE,THRIPUNITHURA,
ERNAKULAM DISTRICT-682305,RESIDING AT ASWATHY
NO.32/1008,NETTAYIKODATH ROAD,
PALARIVATTOM,KOCHI, PIN - 682025
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT)No.394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023, 9/2024 AND 17/2024, THE
COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
4
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 9 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.07.2023 IN OA (EKM)
NO.424 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 1 & 2:
1 MANURAJ.R, AGED 42 YEARS,
S/O. P.RAMACHANDRAN,
HEAD CLERK,
SUB REGIONAL TRANSPORT OFFICE,
PERUMPADANNA, NORTH PARUR P.O,
ERNAKULAM DISTRICT,
PIN: 783513,
RESIDING AT SREENIVAS, AROOR P.O,
ALAPPUZHA DISTRICT,
PIN - 688534
2 BIJU M.S, AGED 45 YEARS
S/O. SUKUMARAN M.R,
JUNIOR SUPERINTENDENT,
SUB REGIONAL TRANSPORT OFFICE,
ALUVA, ERNAKULAM DISTRICT,
PIN: 683101,
RESIDING AT MOOZHZYIL HOUSE,
POONJAR SOUTH P.O, KOTTAYAM,
PIN - 686582
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
5
2025:KER:24560
BY ADVS.
T.R.RAJESH
NANDANA SASI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695014
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695014
3 BIJOY PETER, AGED 42 YEARS
S/O. K.V. PETER, MOTOR VEHICLES INSPECTOR,
OFFICE OF THE ENFORCEMENT R.T.O,
CIVIL STATION, KAKKANAD,
ERNAKULAM-682030,
RESIDING AT KOODARAPPALLIL,
THOMASPURAM, MARADU P.O,
ERNAKULAM, PIN - 682304
4 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS
ASSOCIATION V/610, UNICHIRA,
EDAPPALLY, THRIKKAKARA P.O,
ERNAKULAM-682021, REPRESENTED BY ITS
GENERAL SECRETARY,
A.S. VIONOD, WORKING AS MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
PATHANAPURAM,
KOLLAM DISTRICT-689695,
RESIDING AT VIJAYA NIVAS, MULAVANA P.O,
KOLLAM, PIN - 691503
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
6
2025:KER:24560
5 MANOJ KUMAR.G, AGED 49 YEARS
S/O. GANGADHARAN.N.D, MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
THRIPUNITHURA, ERNAKULAM DISTRICT-682305,
(RESIDING AT ASWATHY, NO.32/1008,
NETTAYIKODATH ROAD,
PALARIVATTOM, KOCHI,
ERNAKULAM, PIN - 682025
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2205 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
7
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 17 OF 2024
AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.232 OF 2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANT IN THE OA:
1 ARCHANA.V, AGED 47 YEARS
JUNIOR SUPERINTENDENT,REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
('NIVEDA', H.NO.82, GANDHIJAYANTHI ROAD,
THAMMANAM, KOCHI, PIN - 682032
2 SUNIMOL P.T, AGED 50 YEARS
W/O.SHRI.K.G.SAJAN, JUNIOR SUPERINTENDANT,
SUB REGIONAL TRANSPORT OFFICE,
TRIPUNITHURA, ERNAKULAM-682301.
(THENKUZHI HOUSE, MUPPATHADAM,
ALUVA, ERNAKULAM, PIN - 683110
3 BINU VARGHESE, AGED 43 YEARS
S/O.SHRI.K.O.VARGHESE, SENIOR CLERK,
SUB REGIONAL TRANSPORT OFFICE,
N.PARAVUR, ERNAKULAM-683 512.
(KACHAPILLY HOUSE, CHENDAMANGALAM,
N.PARAVUR, ERNAKULAM, PIN - 683512
4 CHITHIRA C.D, AGED 34 YEARS
W/O.SHRI.ABHILASH C.G, CLERK,
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
8
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SUB REGIONAL TRANSPORT OFFICE,
N.PARAVUR, ERNAKULAM-683512.
(CHETTIPARAMBIL HOUSE, THATHAPILLY,
ERNAKULAM, PIN - 683520
BY ADVS.
B.RAGHUNATHAN
M.SALIM
DR.STANLY CHAZHOOR
R.SRINATH
K.JALADHARAN
V.M.JACOB
RESPONDENTS/RESPONDENTS IN THE OA:
1 STATE OF KERALA,REPRESENTED BY
PRINCIPAL SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
9
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 394 OF 2023
AGAINST THE ORDER DATED 20.07.2023 IN OS (EKM) 454 OF 2022 OF
THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 SANDOSH KUMAR.V.V, AGED 49 YEARS
SON OF VASUDEVAN NAIR, WORKING AS JUNIOR
SUPERINTENDENT, RT OFFICE,
MUVATTUPUZHA, RESIDING AT VAIKATTU HOUSE,
CHERUKUNNAM, ASAMANOOR.P.O.,
ERNAKULAM, PIN - 683549
2 ANTONY FULTON SHEEN, AGED 46 YEARS
S/O. AUGUSTINE.K.A, WORKING AS HEAD CLERK,
RT OFFICE, ERNAKULAM, RESIDING AT KALANGARA,
OCHENTHURUTHU.P.O., KOCHI, PIN - 682508
3 NELSON LOPEZ, AGED 46 YEARS
SON OF JOHNNY LOPEZ, WORKING AS SENIOR CLERK,
RT OFFICE, ERNAKULAM,
RESIDING AT THUNDIPARAMBIL HOUSE,
JANAKIYA ROAD, VADUTHALA.P.O., KOCHI., PIN - 680023
BY ADVS.
N.KRISHNA PRASAD
P.SHANES METHAR
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
10
2025:KER:24560
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF TRANSPORT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD POST,
THIRUVANANTHAPURAM, PIN - 695004
3 BIJOY PETER,, AGED 42 YEARS
S/O.K.V.PETER, MOTOR VEHICLES INSPECTOR,
OFFICE OF THE ENFORCEMENT R.T.O,
CIVIL STATION, KAKKANAD,
ERNAKULAM-682030, RESIDING AT KOODARAPALLIL,
THOMASPURAM, MARADU.P.O.,
ERNAKULAM., PIN - 682304
4 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS
ASSOCIATION ,
V/610, UNICHIRA, EDAPALLY,
THRIKKAKARA.P.O., ERNAKULAM-682021,
REPRESENTED BY ITS GENERAL SECRETARY,
A.S.VINOD, WORKING AS MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
PATHANAPURAM, KOLLAM DISTRICT-689695
RESIDING AT VIJAYA NIVAS, MULAVANA.P.O.,
KOLLAM, PIN - 691503
5 MANOJ KUMAR.G, AGED 49 YEARS
S/O.GANGADHARAN, N.D.MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
THRIPUNITHURA, ERNAKULAM DISTRICT-682305,
RESIDING AT ASWATHY, NO.32/1008,
NETTAYIKODATH ROAD, PALARIVATTOM,
KOCHI, ERNAKULAM., PIN - 682025
BY ADVS.
P.MOHANDAS(ERNAKULAM)
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
11
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LAKSHMI RAMADAS
K.R.GANESH
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
BHARATH MOHAN(K/1392/2020)
K.P.SATHEESAN (SR.)(S-242)
SREEDHAR RAVINDRAN(K/559/2012)
ELVIN PETER P.J. (SR.)
GOURI BALAGOPAL
SREELEKSHMI A.S.
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
12
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 416 OF 2023
AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.432 OF 2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS IN THE OA:
1 MANOJ MOHAN,AGED 48 YEARS
S/O K. MOHANAN, JUNIOR SUPERINTENDENT,
REGIONAL TRANSPORT OFFICE,
KASARAGODE, PIN-671 123,
RESIDING AT KOTTAPPALLIL HOUSE,
PUNNAPRA P.O., ALAPPUZHA, KERALA., PIN - 680004
2 RETHEESH R. , AGED 39 YEARS
S/O RAMACHANDRAN PILLAI, HEAD CLERK,
REGIONAL TRANSPORT OFFICE,
KAKKANAD, ERNAKULAM-682 030,
RESIDING AT SREESIVA, CHOTTANIKKARA P.O.,
ERNAKULAM, KERALA., PIN - 682312
3 SATHISH VARMA , AGED 47 YEARS
S/O K. GODA VARMA (LATE), SENIOR CLERK,
REGIONAL TRANSPORT OFFICE, KAKKANAD,
ERNAKULAM-682 030, RESIDING AT 6-3,
THRIPPADAM APARTMENTS, TRIPUNITHURA,
ERNAKULAM, KERALA., PIN - 682301
BY ADV S.RAMESH
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
13
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RESPONDENTS/RESPONDENTS IN THE OA:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA., PIN - 695001
2 THE SECRETARY TO GOVERNMENT ,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA., PIN - 695001
3 THE TRANSPORT COMMISSIONER,
OFFICE OF THE TRANSPORT COMMISSIONER,
THIRUVANANTHAPURAM, KERALA., PIN - 695001
4 BIJOY PETER , AGED 42 YEARS
S/O K.V.PETER, MOTOR VEHICLES INSPECTOR,
OFFICE OF THE ENFORCEMENT R.T.O.,
CIVIL STATION, KAKKANAD, ERNAKULAM-682 030,
RESIDING AT KOODARAPALLIL, THOMASPURAM,
MARADU P.O., ERNAKULAM., PIN - 682304
5 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS
ASSOCIATION ,
V/610, UNICHIRA, EDAPALLY,
THRIKKAKARA P.O., ERNAKULAM-682 021,
REPRESENTED BY ITS GENERAL SECRETARY,
A.S. VINOD, WORKING AS MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
PATHANAPURAM, KOLLAM DISTRICT-689 695,
RESIDING AT VIJAYA NIVAS,
MULAVANA P.O., KOLLAM., PIN - 691503
6 MANOJ KUMAR G. , AGED 49 YEARS
S/O GANGADHARAN N.D., MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
THRIPUNITHURA, ERNAKULAM DISTRICT-682 305,
RESIDING AT ASWATHY, NO. 32/1008,
NETTAYIKODATH ROAD, PALARIVATTOM,
KOCHI, ERNAKULAM., PIN - 682025
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
14
2025:KER:24560
BY ADVS.
APARNA RAJAN
SREEDHAR RAVINDRAN(K/559/2012)
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
15
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 443 OF 2023
AGAINST THE ORDER DATED IN OA (EKM) NO.414 OF 2022 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 SARITHA P.K.,
NOW AGED 50 YEARS , D/O P.A.KUTTAN,
JUNIOR SUPERINTENDENT,REGIONAL TRANSPORT
OFFICE,KAKKANAD, ERNAKULAM, PIN-682030,
RESIDING AT PLAVIDAPARAMBIL HOUSE,
SREEMOOLANAGARAM P.O.,
ERNAKULAM, PIN - 683580
2 RENJU MATHEW, AGED 43 YEARS
W/O K.J. MATHEW,HEAD ACCOUNTANT,
SUB REGIONAL TRANSPORT OFFICE,
THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN-682 301,
RESIDING AT KUNNAPPALLY HOUSE,
EAST OF S.N.KAVALA, MUHAMMA P.O.,
ALAPPUZHA DISTRICT, PIN - 688525
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
16
2025:KER:24560
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE SECRETARY
TO GOVERNMENT TRANSPORT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
17
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 490 OF 2023
AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.423 OF 2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
1 SHIBU V.J., AGED 43 YEARS
S/O JOSE V.D., SENIOR CLERK,
SUB REGIONAL TRANSPORT OFFICE,
ANKAMALY, ERNAKULAM,
RESIDING AT VAILIKULAM HOUSE, BYEPASS ROAD,
KALLETTUNKARA P.O.,
THRISSUR, PIN - 683572
2 JOHN C.F., AGED 41 YEARS
S/O C.A. FRANCIS, PUBLIC RELATIONS OFFICER,
REGIONAL TRANSPORT OFFICE, THRISSUR,
RESIDING AT CHITTILAPPALLY HOUSE,
PARAPPUR P.O., THRISSUR, PIN - 680552
3 JAYASHANKER S. , AGED 42 YEARS
S/O N.SIVASANKARAN NAIR, HEAD ACCOUNTANT,
SUB REGIONAL TRANSPORT OFFICE, ANKAMALY,
RESIDING AT AMBADI, MANNAKKAL,
THIRUPURAM P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695133
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
18
2025:KER:24560
BY ADVS.
NAVEEN.T
SHIBU JOSEPH KOTTAYIL
CHITHRA CHANDRASEKHARAN
V.S.ABHISHEK
BIJI A MANIKOTH
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED
BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY ,
TRANSPORT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
3 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, VAZHUTHAKADU, THYCAUD,
THIRUVANANTHAPURAM., PIN - 695014
4 BIJOY PETER, AGED 42 YEARS
S/O K.V. PETER, MOTOR VEHICLE INSPECTOR,
OFFICE OF THE ENFORCEMENT R.T.O.,
CIVIL STATION, KAKKANAD, ERNAKULAM,
RESIDING AT KOODARAPALLIL, THOMASPURAM,
MARADU P.O., ERNAKULAM., PIN - 682304
5 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS
ASSOCIATION,
V/610, UNICHIRA, EDAPPALLY, THRIKKAKARA P.O.,
ERNAKULAM, REPRESENTED BY ITS GENERAL SECRETARY.
A.S. VINOD, WORKING AS MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM,
KOLLAM DISTRICT, RESIDING AT VIJAYA NIVAS,
MULAVANA P.O., KOLLAM., PIN - 682021
6 MANOJ KUMAR G. , AGED 49 YEARS
S/O GANGADHARAN N.D., MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
19
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THRIPUNITHURA, ERNAKULAM DISTRICT,
RESIDING AT ASWATHY, NO. 32/1008,
NETTAYIKODATH ROAD, PALARIVATTOM,
KOCHI, ERNAKULAM., PIN - 682305
BY ADVS.
P.MOHANDAS(ERNAKULAM)
SABU M R
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
BHARATH MOHAN(K/1392/2020)
K.P.SATHEESAN (SR.)(S-242)
P.RAVINDRAN (SR.)(R-341)
SREEDHAR RAVINDRAN(K/559/2012)
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
20
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 517 OF 2023
AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.410 OF 2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS IN OA:
1 JALAL. M.K,AGED 43 YEARS
S/O.MUHAMMED KUNJU KUNJU,
WORKING AS HEAD CLERK,
SUB REGIONAL TRANSPORT OFFICE,
KOTHAMANGALAM, ERNAKULAM DISTRICT-686691
RESIDING AT MUNCHAKKAL,
PALLARIMANGALAM PO., KOTHAMANGALAN-686671
2 MOHANDAS.T.K, AGED 53 YEARS
S/O.T.M.KUTTAPPAN,
WORKING AS JUNIOR SUPERINTENDENT (HIGHER GRADE),
SUB REGIONAL TRANSPORT OFFICE,
CHITTOOR, PALAKKAD-678101
RESIDING AT THANNIKKAL, AMARA PO.,
CHANGANASSERY, KOTTAYAM DISTRICT-686546
3 MANEESHA C.M, AGED 39 YEARS
D/O. C.M MURALEEDHARAN,
WORKING AS SENIOR CLERK,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION PO., KAKKANADU,
ERNAKIULAM DISTRICT-682030
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
21
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RESIDING AT FLAT NO 101, 1ST FLOOR,
PALM GROVE APARTMENTS, GEORGE EDEN ROAD,
DESHABAMANI, KALOOR, ERNAKULAM, PIN - 682017
4 NISHANTH T.T., AGED 43 YEARS
S/O. P. K. NARAYANAN,
WORKING AS HEAD ACCOUNTANT,
SUB REGIONAL TRANSPORT OFFICE, V.K MALL,
VELLARIKUND - 671534
RESIDING AT 'PARVATHI NILAYAM' EDAT (PO.),
PAYYANUR, KANNUR DT-, PIN - 670327
5 ANISH PHILIP, AGED 39 YEARS
S/O. PHILIP, WORKING AS CLERK,
REGIONAL TRANSPORT OFFICE,
VELLARIKUND, CHENNANGATTU,
KALICHANADUKKAM, KASARGOD DISTRICT,
PIN - 671314
6 SUGISH.S., AGED 33 YEARS
S/O. SURENDRAN.R., WORKING AS CLERK,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KASARGOD,
KASARGOD DISTRICT - 671123
RESIDING AT 'MAYOOKHAM',
NELLIKKUNNAM (PO.),KOTTARAKKARA,
KOLLAM DISTRICT, PIN - 691520
7 SREEKANTH P.K, AGED 38 YEARS
S/O. K.CHANDUKUTTY,
WORKING AS SENIOR CLERK,
SUB REGIONAL TRANSPORT OFFICE,
MINI CIVIL STATION, KANHANGAD,
KASARGOD DISTRICT - 671315
RESIDING AT POZHUTHALA HOUSE
KARICHERY, KOLATHUR (PO.),
KASAARGOD DISTRICT, PIN - 671541
8 JITHESH M, AGED 41 YEARS
S/O. THAMPAN.P.V.,
WORKING AS HEAD CLERK,
SUB REGIONAL TRANSPORT OFFICE,
MINI CIVIL STATION, KANHANGAD,
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
22
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KASARGOD DISTRICT - 671315,
RESIDING AT 'ANIZHAM', MANIYAT, MANIYAT (PO.),
KASARGOD DISTRICT, PIN - 671310
9 REMYAKALA.M.V, AGED 37 YEARS
D/O.M.N.VENU, WORKING AS SENIOR CLERK,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION PO., KAKKANADU,
ERNAKULAM DISTRICT-682030,
RESIDING AT MUNDAKAPPADAM HOUSE,
PERUMPADANNA, NORTH PARUR,
ERNAKULAM DISTRICT, PIN - 683513
10 SAJITH KUMAR.R, AGED 29 YEARS
S/O. RAVEENDRAN.S., L.D.CLERK,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION PO., KAKKANADU,
ERNAKULAM DISTRICT-682030,
RESIDING AT KANIYANVILAKATH VEEDU,
NANNATTUKAVU, POTHANKODU PO.,
THIRUVANATHAPURAM-695584
BY ADVS.
C.JOSEPH ANTONY
JOSEPH JOSE
RAJU JOSEPH (SR.)
RESPONDENTS/RESPONDENTS & ADDITIONAL RESPONDENTS 3 TO 5:
1 STATE OF KERALA ,
REPRESENTED BY THE SECRETARY
TO GOVERNMENT, TRANSPORT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM, PIN - 695014
3 BIJOY PETER, AGED 43 YEARS
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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S/O.K.V.PETER, MOTOR VEHICLE INSPECTOR,
OFFICE OF THE ENFORCEMENT RTO.,
CIVIL STATION, KAKKANAD,ERNAKULAM-682030,
RESIDING AT KOODARAPPALLIL,
THOMASPURAM, MARADU PO.,
ERNAKULAM, PIN - 682304
4 KERALA MOTOR VEHICLE DEPARTMENT GAZETTED OFFICERS
ASSOCIATION,
V/610, UNICHIRA, EDAPPALLY,
THRIKKAKARA PO., ERNAKULAM-682030
REPRESENTED BY ITS GENERAL SECRETARY,
A.S.VINOD, WORKING AS MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
PATHANAPURAM, KOLLAM DISTRICT,
RESIDING AT VIJAYA NIVAS, MULAVANA PO.,
KOLLAM-692504, KERALA, PIN - 689695
5 MANOJ KUMAR.G, AGED 51 YEARS
S/O.GANGADHARAN.N.D., MOTOR VEHICLE INSPECTOR,
SUB REGIONAL TRANSPORT OFFICE,
THRIPUNITHURA, ERNAKULAM DISTRICT-682305
(RESIDING AT ASWATHY NO.32/1008,
NETTAYIKODATH ROAD, PALARIVATTOM,
KOCHI, ERNAKULAM, PIN - 682025
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
24
2025:KER:24560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 560 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 20.07.2023 IN OA (EKM)
NO.422 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 SIVAPRASAD V., JUNIOR SUPERINTENDENT,
AGED 52 YEARS
REGIONAL TRANSPORT OFFICE, PALAKKAD-678001
RESIDING AT CHARALPARAMBIL HOUSE,
INDIRA NAGAR FIRST STREET, MANNUTHI P.O.,
THRISSUR, PIN - 680651
2 V.B.SHINOJ, AGED 42 YEARS
HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE,
KODUNGALLOOR-680664,
RESIDING AT VELLAPPULLY HOUSE, METHALA ,
METHALA P.O, KODUNGALLOR,
THRISSUR, PIN - 690669
BY ADV P.C.SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
25
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TRANSPORT(C) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD,
THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED
CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
26
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CR
JUDGMENT
P.Krishna Kumar, J.
In this batch of original petitions, the
petitioners challenge the validity of the Kerala
Transport Service (Amendment) Special Rules, 2022 ('the
Amendment Rules, 2022', for short). By the said
amendment, Rule 4 in the Special Rules for the Kerala
Transport Service, 1981 ('the Special Rules', 1981, for
short) has been amended to prescribe a technical
qualification to the post of Joint Regional Transport
Officer (Joint RTO), namely, a Diploma in Automobile
Engineering or Mechanical Engineering awarded by any
recognised institutions.
2. Though the petitioners raised the above
challenge before the Kerala Administrative Tribunal, by
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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the common order impugned in these petitions, the
Tribunal rejected their applications. For the sake of
convenience, O.P.(KAT)No.416/2023 is considered as the
leading case, in the following discussion.
3. We heard the learned counsel appearing for the
petitioners, the learned counsel appearing for the party
respondents and the learned Senior Government Pleader.
4. The upshot of the challenge is that when sub-
clause (4) of Section 213 of the Motor Vehicles Act, 1988
('the Act' for short) specifically provides that it is
for the Central Government to prescribe the minimum
qualifications of the officers working under the Motor
Vehicles Department established by the State Government,
it is beyond the legislative power of the State
Government to prescribe minimum educational
qualifications for the post of Joint RTO and thus, the
Amendment Rules, 2022 is ultra vires of Section 213(4) of
the Act.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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5. To defend the said assertion, the respondents
stated that as the Central Government has not so far
prescribed any minimum qualifications for the post of
Joint RTO, it is well within the legislative power of the
State to prescribe the minimum qualifications by
exercising its rule-making power conferred by Article 309
of the Constitution of India and the provisions of the
Kerala Public Services Act, 1968.
6. Apart from the challenge that the Amendment Rules,
2022 is ultra vires of Section 213(4) of the Act, certain
other contentions were also raised by each of the
petitioners. Referring to the judgment of this court in
Kerala Assistant Motor Vehicle Inspectors Association v.
State of Kerala in O.P.No.5612/1981 dated 28.05.1982
(produced as Annexure A2 in O.P.(KAT)No.394/2023) and
Basheer v. Kerala Assistant Motor Vehicle Inspectors
Association (1995 KHC 521) which is produced as Annexure
A3, it is contended that the amended rules were issued in
order to nullify the said judgments, which state that
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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Joint RTO is a non-technical and administrative post,
which is not legally permissible. Various decisions of
the Apex Court are cited to support this argument,
including Indian Aluminium Co. and Others v. State of
Kerala and Others [(1996) 7 SCC 637] and In Re Cauvery
Water Disputes Tribunal v. (AIR 1992 SC 522). It is also
argued that when the Supreme Court or the High Court
declares the law in a particular manner, the effect of
the decision can be nullified only through a Validation
Act, and not by amending the service rules.
7. It is further argued that since the State rule is
repugnant to the Central Statute, it could have been
promulgated only with the assent of the President of
India. It is also contended that when the State
Government is not the entity authorised under Section 213
of the Motor Vehicles Act to prescribe minimum
qualifications for the posts in the Motor Vehicles
Department, the question is not merely whether the rule
in question is repugnant to the Central Act, but it is
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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the very competency of the State to make the law.
Referring to the decision in Kihoto Hollohan v. Zachillhu
and Others (1992 Supp. (2) SCC 651), it is contended that
the competence of the law-making authority would depend
on the ambit of the legislative power and the limitations
imposed thereon as well as the limitations of the mode of
exercise of the power.
8. It is further submitted that, when section 213(4)
very specifically refers to a particular class of
officers and then makes it clear that only the Central
Government can fix their minimum qualification, the State
Government cannot even touch that class. As the Central
Government has not prescribed any minimum qualifications
for the post of Joint RTO, the State Government cannot
step in and fill the vacuum by resorting to its rule-
making power, especially when the Central Statute very
clearly provides that it is the province of the Centre,
it is contended.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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9. Another contention raised is that, if the
amendment is upheld, it would create stagnation in the
feeder category of Senior Superintendent/Junior Accounts
Officer as almost all of them do not possess the
qualifications additionally prescribed. Relying on the
decision in Sajeev S. v. Kerala Khadi and Village
Industries Board, TVM and Another (2020(3)KHC 394), it is
contended that the absence of sufficient avenues of
promotion and stagnation in a post would give rise to
discontentment and inefficiency among employees, and thus
the rules made in forgetfulness of this basic principle
is highly arbitrary and violative of Article 14 of the
Constitution of India. It is further contended that the
post of Joint RTO is in fact an administrative post and
thus prescribing a technical qualification for that post
is highly arbitrary.
10. In order to support the respective arguments, the
learned counsel placed reliance on the following
decisions: Rathinaswami M. and Others v. State of Tamil
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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Nadu and Others (2009 KHC 4616), Roop Chand v. Delhi
Development Authority (1988 KHC 738), Ajal Ramakrishnan v.
Athira (2024 (5) KLT 846 (F.B.), Thirumuruga Kirupananda
Variyar Thavathiru Sundara Swamigal Medical Educational &
Charitable Trust v. State of Tamil Nadu and Others [(1996)
3 SCC 15], Virender Singh Hooda and Others v. State of
Haryana and Another [(2004) 12 SCC 588) and Forum for
People's Collective Efforts (FPCE) and Another v. State
of West Bengal and Another [(2021) 8 SCC 599]
11. To refute the said contentions, the learned
Counsel appearing for the respondents and the learned
Senior Government Pleader appearing for the State
contended that as per Entry No.41 (State List) of the
Constitution of India, the State Government has every
authority to prescribe law relating to State Public
Services. It is also pointed out that the Centre has
already notified minimum qualifications for Motor Vehicle
Inspectors and Assistant Motor Vehicle Inspectors, but it
left the post of Joint RTO unaltered and thus there is no
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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question of any repugnancy in respect of the Amendment
Rules, 2022. It is also submitted that the petitioners
have not even reached the feeder category of Joint RTO
and further, they have a separate line of promotion apart
from resorting to the by-transfer appointment to the post
of Joint RTO. To fortify their submissions, the following
decisions were referred to: O.P. Lather & Ors. v. Satish
Kumar Kakkar & Ors. [(2001) 3 SCC 110], Dist. Collector
Satara & Anr. v. Mangesh Nivrutti Kashid [(2019 (10) SCC
166], Rathinaswami M & Others v. State of Tamil Nadu
[(2009) 5 SCC 625], Maharashtra Public Service Commission
Through its Secretary v. Sandeep Shriram Warade [(2019) 6
SCC 362], S.Satyapal Reddy & Others v. Govt. of A.P.&
Others [(1994) 4 SCC 391], Anup V.H. v. Pramod A.D.[2024
(7) KHC 263 (DB)], State of Jammu & Kashmir v. Triloki
Nath Khosa & Ors (AIR 1974 SC 1), and Chandan Banerjee v.
Krishna Prosad Ghosh [2021 (5) KLT 1127 (SC)].
12. As the core dispute in this matter centres
around the effect of Section 213 of the Act and the
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
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validity of the Amendment Rules, 2022, the relevant parts
of the provisions are reproduced hereunder with added
emphasis on the most significant parts:
213. Appointment of motor vehicles officers.(1)
The State Government may, for the purpose of
carrying into effect the provisions of the Act,
establish a Motor Vehicles Department and appoint as
officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a
public servant within the meaning of the Indian
Penal Code,1860 (45 of 1860).
(3) The State Government may make rules to
regulate the discharge by officers of the Motor
Vehicles Department of their functions and in
particular and without prejudice to the generality
of the foregoing power to prescribe the uniform to
be worn by them, the authorities to which they shall
be subordinate, the duties to be performed by them,
the powers (including the powers exercisable by
police officers under this Act) to be exercised by
them, and the conditions governing the exercise of
such powers.
(4) The Central Government may, having regard
to the objects of the Act, by notification in the
Official Gazette, prescribe the minimum
qualifications which the said officers or any class
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
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thereof shall possess for being appointed as such.
XXXXXXXXX
The Amendment Rules, 2022 reads as follows:
"In exercise of the powers conferred by sub-section
(1) of section (2) of the Kerala Public Services
Act, 1968 (19 of 1968), the Government of Kerala
hereby make the following rules further to amend the
Special Rules for the Kerala Transport Service
issued under G.O (P) No. 91/81/TF&P dated 5th
October, 1981 and published as S.R.O. No. 1164/81 in
the Kerala Gazette Extraordinary No.792 dated 14th
October, 1981, namely:-
1. Short title and commencement.- (1) These rules
may be called the Kerala Transport Service
(Amendment) Special Rules, 2022.
(2) They shall come into force at once.
2.Amendment of the Rules.- In the Special Rules for
the Kerala Transport Service, 1981, in rule 4, after
sub-rule (c) the following sub-rules shall be
inserted, namely:-
" (d) No person shall be eligible for appointment by
transfer to category 4 unless he possesses the
qualifications specified below:-
1.Pass in SSLC or its equivalent.
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2. (i) A diploma in Automobile Engineering or
Mechanical Engineering awarded by the State Board of
Technical Education (3 year course) or any
institution recognized by the Central Government or
the State Government; or
(ii) Any qualification in either of the above
disciplines declared as equivalent to the above
diplomas by the Central Government or the State
Government.
3. Must hold a current valid driving license
authorizing him to drive motorcycle, heavy goods
vehicle and heavy passenger motor vehicle.
(e) Saving.- Notwithstanding anything contained in
sub-rule (d), the qualifications specified therein
shall not be applicable to persons belonging to
category 4 who entered in, or promoted from, the
said category and also to persons who entered the
feeder categories for by-transfer appointment to
category 4, prior to the date of commencement of the
Kerala Transport Service (Amendment) Special Rules,
2022 in the official Gazette:"
The method of appointment of Joint RTO (Category No.4) is
by promotion from Motor Vehicle Inspectors (Category
No.5) as well as by transfer from Senior
Superintendents/Junior Accounts Officers of the Motor
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
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Vehicles Department. It was pointed out during the
hearing that the saving clause would protect them for
further promotion/by transfer appointment, even if they
do not possess the newly introduced technical
qualification. The petitioners are working as Junior
Superintendent, Head Clerk, Senior Clerk etc., which
posts are not the feeder category to Joint RTO. According
to them, they will be affected by the amendment, as they
did not possess the said qualification and the saving
clause will not help them.
13. Section 213(4) of the Act is, in fact, an
enabling provision. It enables the Central Government to
prescribe a minimum qualification for such officers or
any class thereof for being appointed in the Motor
Vehicles Department established by the State Government.
The purpose is evident from Section 213 itself. The
officers of the Motor Vehicle Department should possess
higher standards to implement the policy of the State as
set out in the Motor Vehicles Act. For this purpose, the
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
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Central Government may, if it thinks fit, prescribe any
minimum qualification for any of the posts in the Motor
Vehicles Department established by the State Government.
Thus, the question of prescribing minimum qualification
by the Central Government arises only when the
qualification prescribed by the State Government as part
of the regular conditions of service of its officers is
insufficient to achieve the said objects.
14. It is relevant to note that as per Section
213(1)of the Act, the duty to establish a Motor Vehicle
Department and appoint officers in such a department is
vested in the State Government. Section 213(3) further
empowers the State Government to make rules to regulate
the discharge of the functions of those officers of the
Motor Vehicle Department including the duties to be
performed by them, the powers to be exercised by them and
the conditions governing the exercise of those powers.
However, the power of the State Government to prescribe
conditions of services of persons appointed to any public
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service, or for regulating their recruitment, is governed
by the provisions of the Kerala Public Services Act,
1968. The scope of Section 213(3) of the Act is distinct
from the purposes for which the State Government is
empowered to prescribe rules under the Kerala Public
Services Act. By exercising these powers, if the State
Government prescribes minimum or special qualifications
for the post of Joint RTO, nothing in the Motor Vehicles
Act would bar it from doing so. At the same time, if the
Central Government having regard to the objects of the
Act prescribes a different minimum qualification for the
said post, then the incumbent must possess the
qualification prescribed by the Central Government. This
is the scheme embodied in Section 213 of the Act.
15. As evident from the object and reasons of the
Amendment Rules, various expert bodies including the
Supreme Court Committee on Road Safety and the
Departmental Promotion Committee for the Motor Vehicles
Department felt that technical qualifications are to be
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mandatorily prescribed for the officers posted in the
Motor Vehicles Department. It is true that the Supreme
Court Committee had appealed to the Central Government,
not the State Government, to prescribe such technical
qualifications. It may be true that the Departmental
Promotion Committee is not entrusted with the duty to
recommend technical qualifications for the post in the
Motor Vehicles Department. However, what is relevant is
the legislative competence of the State to prescribe the
above qualification to the post of Joint RTO. The State
Government proceeded to prescribe the said qualification
when they found that it was essential for discharging the
duties invested with the officers in the said category.
While arriving at such a conclusion, the State Government
has only relied on the reports of the said Committees.
The materials upon which a legislative decision is taken
have no relevance in a proceeding of the present nature
where the sheet anchor of the challenge depends upon the
vires of the legislation. The above facts, nevertheless,
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show that the introduction of technical qualification by
the said amendment was not an arbitrary exercise of
power.
16. The law is well settled that a rule made under a
statute by a competent authority can be challenged only
on the following grounds: (a) when it is ultra vires the
parent Act; (b) when it is opposed to the fundamental
rights or there is manifest arbitrariness; and (c) when
it is opposed to any other plenary laws. It is already
found that prescribing a technical qualification to the
post of Joint RTO by the State Government cannot be
considered as repugnant to the provisions of the Act. The
petitioners cannot also contend that the amendments would
offend their fundamental rights, as no one has a
fundamental right to be promoted. It is settled law that
the reduction of promotional avenues by a subsequent
amendment to the law cannot be cited as a reason to
challenge the amended statutory provisions. Such changes
are also part of the conditions of service of the
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employees. The right of the employees to be considered
for promotion is only on the basis of the law existing at
the time when they are considered for promotion unless it
is otherwise specifically saved in the amended law.
17. The above discussion answers the contention of
the petitioners that the State amendment for prescribing
qualification to the posts of officers in the Motor
Vehicles Department is inhibited by the provisions of
Section 213 of the Act. As discussed above, Section
213(4) of the Act is only an enabling provision for
prescribing minimum qualifications for the officers in the
Motor Vehicles Department by the Central Government,
though they are appointed by the State Government. It
cannot be said that it is an occupied field. The said
provision does not expressly or impliedly bar the
authority of the State Government to prescribe
qualifications to the officials in the Motor Vehicles
Department established by the State.
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18. In fact, this aspect is pointedly dealt with by
the Honourable Supreme Court in S.Satyapal Reddy & Others
v. Govt. of A.P.& Others (supra). In the said case, an
exactly similar question was raised before the Supreme
Court. The Government of Andhra Pradesh prescribed a
Degree in Mechanical Engineering as a qualification for
the post of Assistant Motor Vehicles Inspector in the
Andhra Pradesh Transport Subordinate Service. This was
challenged on the ground that as per Section 213(4) of
the Act, the power to prescribe qualification is vested
in the Central Government. The Apex Court held that Entry
41 of List II (State List) of the Seventh Schedule of the
Constitution of India empowers the State Government to
prescribe qualifications for any of the officers in its
public service and it includes the officers to be
appointed under sub-section (1) of Section 213 of the
Act. The Court further held that Article 309 of the
Constitution of India empowers the Governor to make rules
regulating recruitment which includes prescription of
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qualifications for appointment to an office or post under
the State, and the Transport Department constituted by
the State Government, belongs to the State services and
thus the State Government is entitled to prescribe
qualifications to the posts as part of the conditions of
service or for recruitment purposes. The Apex Court
further held that the provisions of the Act receive
paramountcy only when there is a conflict between the
rule made under Article 309 of the Constitution of India
and the provisions of the Act. Thus, if the Central
Government prescribes a higher qualification for the
officials under the Act, the State Government cannot
prescribe a lesser qualification. It is further held that
rules made by the Central Government under Section 213(4)
and the statutory rules made by the State Government
under Article 309 of the Constitution of India are to be
construed harmoniously. It is significant to quote the
relevant paragraphs of the judgment hereunder:
"Therefore, sub-section (1) of section 213 gives
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power to the State Government to create Transport
Department and to appoint officers, as it thinks
fit. . . . . . . The Governor has been given power under
proviso to Article 309 of the Constitution, subject
to any law made by the State Legislature, to make
rules regulating the recruitment which includes
prescription of qualifications for appointment to an
office or post under the State. Since the Transport
Department under the Act is constituted by the State
Government and the officers appointed to those posts
belong to the State service, while appointing its
own officers, the State Government as a necessary
adjunct is entitled to prescribe qualifications for
recruitment or conditions of service. But while so
prescribing, the State Government may accept the
qualifications or prescribe higher qualification but
in no case prescribe any qualification less than the
qualifications prescribed by the Central Government
under sub-section (4) of section 213 of the Act. In
the latter event i.e., prescribing lesser
qualifications, both the rules cannot operate
without colliding with each other. When the rules
made by the Central Government under section 213 (4)
and the statutory rules made under proviso to
Article 309 of the Constitution are construed
harmoniously, there is no incompatibility or
inconsistency in the operation of both the rules to
appoint fit persons to the posts or class of
officers of the State Government vis-a-vis the
qualifications prescribed by the Central Government
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under sub-section (4) of section 213 of the Act."
19. To conclude, while Section 213(4) of the Motor
Vehicles Act empowers the Central Government to prescribe
minimum qualifications for posts in the Motor Vehicles
Department, this does not preclude the State Government
from prescribing its own qualifications for the service
in the Motor Vehicles Department. The State Government's
competence to enact the impugned Amendment Rule, 2022,
remains unquestionable, as it is a piece of subordinate
legislation made by the State Government drawing its
power from Section 2 of the Kerala Public Services Act,
1968. Furthermore, Entry No. 41 of List II of the
Constitution of India grants the State Legislature
exclusive power to legislate on matters relating to the
public services of the State. Therefore, the issue of
repugnancy with Section 213(4) of the Act would arise
only if the Central Government, through a notification,
prescribes a minimum qualification for the post of Joint
RTO and that is higher than the qualification stipulated
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under the Amendment Rules, 2022.
20. Let us now consider the challenge made against
the Amendment Rules, 2022 on the ground that it goes
against Annexure A2 and A3 judgments of this Court.
Annexure A2 judgment was delivered by this court when the
Assistant Motor Vehicle Inspectors approached the court
seeking a direction that technical qualification should
be insisted on for the Category 4 post of Joint RTO. The
relief sought by the petitioners in the said case was
that the Special Rules for Kerala Transport Service, 1981
should be amended to incorporate additional technical
qualifications. While disposing of the matter, the learned
Single Judge observed that the functions of the Joint RTO
are administrative in nature and the petitioners failed
to show that public interest for safety requires that
persons holding the post of Joint RTO and above should
possess technical qualifications or technical knowledge
of the same nature. The said observations were made after
considering the then-existing Motor Vehicles Act and the
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Rules as compared to the erstwhile Special Rules of 1962.
It cannot thus be projected as a roadblock to the
legislative competence of the State to prescribe
technical qualifications to the said post.
21. In Basheer v. Kerala Assistant Motor Vehicle
Inspectors Association (1995 KHC 521), the question
raised was that, when the Government of India prescribed
certain minimum qualifications to the post of Motor
Vehicle Inspectors, by issuing a notification, was it
open to the State Government to make appointments to the
posts of Joint RTOs and RTOs if they do not have the
minimum qualifications prescribed under the said
notification. After following the decision of the Apex
Court in S.Satyapal Reddy & Others v. Govt. of A.P.&
Others (supra), the Division Bench held that there is
absolutely no conflict between the Special Rules, 1981
and the notification issued by the Central Government, as
both of them are supplementary to each other and that
they are reconcilable. The Court also held that the
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notification issued by the Central Government does not
apply to the post of Joint RTO and RTO in the State of
Kerala. The main dispute raised in the above judgment is
whether the officers in the category of 'Inspector of
Motor Vehicles' include Joint RTO. In the most part of
the judgment, the court was considering the above aspect
and it finally concluded that Joint RTO would not come
within the definition of "Inspector of Motor Vehicles".
Nevertheless, while discussing the matter in detail, the
Bench observed that there are statutory indications to
show that the Act and the Rules contemplated non-
technically qualified people holding the superior post.
The Bench further referred to certain observations made
in Annexure A2 judgment as well, to the extent that for
discharging various duties enjoined on the Joint RTO and
the RTO, they do not require technical knowledge of any
sort and they exercise mostly administrative functions
and wherever they are expected to do some inspection of
vehicles or other technical aspects, they could take the
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assistance of technically qualified AMVIs or MVIs.
However, the said observations were made by the Single
Bench in the context that the relief sought for by the
petitioners in the said case was that the Special Rules
for Kerala Transport Service, 1981 should be amended to
incorporate additional technical qualifications.
22. It is important to note that the entire exercise
made by the Division Bench was on the basis of the
following questions framed for the determination of the
case:
"(1) Whether the Kerala State Transport Service
Rules and the Kerala State Transport Subordinate
Service Rules continue to be valid and operative
after 1st July 1989?
(2) Whether Ext. P-4 notification dated 12th June
1989 SO 443 (E) as amended on 29th April 1991 as
per SO 381 (E) applies to the posts of Joint
Regional Transport Officer and Regional Transport
Officer in the State of Kerala?
(3) Whether Ext. P-4 notification as amended
superseded the State Transport Service Rules and
the Kerala State Transport Subordinate Service
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Rules?
(4) Whether the State Rules for Transport Service
and the State Transport Subordinate Service Rules
are in conflict with Ext. P-4 notification as
amended or whether they are reconcilable and they
can co-exist?
(5) Whether Ext. P-8 order dated 24th June 1991 is
liable to be quashed?"
It is thus evident that the observation about technical
qualification was only an incidental comment and the
ratio of the decision, as stated earlier, is completely
different. In fact, the said judgment further upheld the
authority of the State Government to prescribe rules
dehors the provisions contained in Section 213(4) of the
Act, following the law laid down by the Apex Court in
S.Satyapal Reddy & Others v. Govt. of A.P.& Others
(supra).
23. For the above reasons, we are not in a position
to apply the principle enunciated by the learned counsel
appearing for the petitioners that when the Supreme Court
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or the High Court declares the law in a particular
manner, the effect of the decision can be nullified only
through a Validation Act, and not by amending the service
rules. The government, being the delegated authority to
make rules, can certainly modify the provisions of the
rules on which a verdict is delivered by the court. But
it cannot set aside an individual decision inter-parties,
as it would amount to exercising the judicial power by
the State, which is impermissible under the
constitutional scheme of separation of powers.
Nevertheless, the power of the Government to frame rules
is intact even if the factual and legal foundation of
earlier judicial decisions is thereby modified. However,
in the present case, after analysing Annexure A2 and A3
judgments, we do not find that the Amendment Rule, 2022
in any manner overturns the above judicial decisions.
24. It is also significant to note that the above
decision was rendered by the Court for the absence of any
statutory provision mandating that the post of Joint RTO
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requires a technical qualification. The Court noticed
that a rule amendment to make such change was in the
offing. It observed as follows:
"29...... Though as per the suggestion of the Minister
some draft Rules were prepared, till they are
scrutinised by the Law Department and till they are
approved by the Subordinate Legislation Committee of
the Legislature, they cannot be brought into force.
Any how, in this particular batch of writ appeals, we
are not concerned with what will happen as and when
the Rules are amended. It is a matter that will have
to be considered by the State Executive."
In paragraph 34, the Court further stated as follows:
"34. Assuming for a moment that there is some
divergence between Ext.- P-4 and the Kerala State
Transport Service Rules and the Kerala State
Subordinate Service Rules, even then both of them are
reconcilable and they can co-exist supplementing each
other. Only when there is a direct conflict or
inconsistency perhaps the State Rules may have to yield
place to the Central Rules. On this particular aspect,
it is argued by the learned counsel that even if there
is any conflict the Rules framed under the power
derived under Art.309 of the Constitution would prevail
over Ext. P-4 which is a mere notification under the
Central enactment."
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The 'draft Rules' mentioned above materialised in the
form of the Amendment Rule only in the year 2022. The
court pronounced the judgment in the above manner, as
technical qualification was not a statutory requirement
at the relevant time. Thus, there is no justification for
challenging the said amendment by resorting to the very
same judgment, which was pronounced in the above
circumstance.
25. In short, it is to be concluded that the
amended rule in question is valid and it is not repugnant
to the provisions of Section 213 of the Motor Vehicles
Act. The findings of this Court in Basheer v. Kerala
Assistant Motor Vehicle Inspectors Association are
substantially in line with the discussion made above and
it is not possible to hold that the delegated legislation
in question is invalid as it goes against the
observations made therein. There is no reason to
interfere with the impugned order passed by the Kerala
Administrative Tribunal.
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In the result, the Original Petitions are
dismissed, upholding the findings of the Kerala
Administrative Tribunal.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
sv
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APPENDIX OF OP(KAT) 9/2024
PETITIONERS'ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE G.O(RT)NO.4/2022/TRANS DATED
16.02.2022 AMENDING THE SPECIAL RULES FOR THE
KERALA TRANSPORT SERVICE, 1981
ANNEXURE A2 TRUE COPY OF THE GOVT.OF INDIA NOTIFICATION
ISSUED AS PER S.O.443(E) DATED 12.06.1989.
ANNEXURE A3 TRUE COPY OF SPECIAL RULES FOR THE KERALA
TRANSPORT SERVICE, 1981 ISSUED AS PER
G.O(P)NO.91/81/TF&P DATED 05.10.1981
ANNEXURE A4 TRUE COPY OF THE RELEVANT EXTRACT OF
FILENO.TRANS-C3/239/218-TRANS (COMPUTER)
NO.853412).
ANNEXURE A5 TRUE COPY OF THE LETTER NO.A1-E-68383/2019/TC
DATED 02.07.2019 OF THE TRANSPORT COMMISSIONER
ADDRESSED TO THE 1ST RESPONDENT.
ANNEXURE A6 TRUE COPY OF LETTER NO.C3/239/2018-TRANS DATED
15.10.2020 ALONG WITH THE DRAFT SPECIAL RULES
(AMENDMENT) 2020.
ANNEXURE A7 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON
04.11.2020
ANNEXURE A8 TRUE COPY OF THE CURRENT CASE STATUS OF
OA(EKM)NO.1635/2020.DOWNLOADED FROM THE WEBSITE
OF THIS HON'BLE TRIBUNAL.
ANNEXURE A9 TRUE COPY OF G.O(MS)NO.10/2021/TRAMS DATED
27.02.2021 AMENDING THE SPECIAL RULES
ANNEXURE A10 TRUE COPY OF G.O(MS)NO.11/2021/TRANS DATED
16.03.2023 DELETING ANNEXURTE A9 AMENDMENT
ORDERED
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ANNEXURE A11 TRUE COPY OF LETTER NO.C3/286/2020-TRANS DATED
19.03.2021 OF THE 1ST RESPONDENT ALONG WITH THE
ENCLOSED DRAFT AMENDMENT SPECIAL RULES
ANNEXURE A12 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES
OF THE MEETING DATED 02.07.2019 OF THE SUPREME
COURT COMMITTEE ON ROAD SAFETY, ISSUED AS PER
LETTER NO.05/2014/CORS(VOL.8) DATED 12.07.2019
OF THE SUPREME COURT COMMITTEE
ANNEXURE A13 TRUE COPY OF CIRCULAR NO.11884/R1/07/P&ARD DATED
19.07.2010
ANNEXURE A14 TRUE COPY OF THE CIRCULAR NO.RULES-
129/2016/P&ARD DTED 18.08.2016
ANNEXURE A15 TRUE COPY OF THE SERVICES PROVIDED FROM RT
OFFICES AND SUB RT OFFICES, AS SHOWN IN THE
OFFICIAL WEBSITE OF THE MOTOR VEHICLES
DEPARTMENT
ANNEXURE A16 TRUE COPY OF THE RELEVANT EXTRACT OF THE MOTOR
VEHICLES AMENDMENT ACT, 2019 DATED 09.08.2019
ANNEXURE A17 TRUE COPY OF THE COMMON ORDER IN
OA(EKM)NO.1647/2021 AND CONNECTED CASES.
ANNEXURE A18 TRUE COPY OF G.O(RT)NO.452/2021/TRANSPORT DATED
17.12.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P1 TRUE COPY OF THE O.A(EKM)-424/2022 FILED BY THE
PETITIONERS BEFORE THE TRIBUNAL ALONG WITH ITS
ANNEXURES
EXHIBIT P2 TRUE COPY OF THE MA(EKM)-1164/2022 IN OA(EKM)-
424/2022 DATED 01.07.2022
EXHIBIT P3 TRUE COPY OF THE M.A(EKM)NO.1347/2022 DATED
11.07.2022
EXHIBIT P4 TRUE COPY OF THE ADOPTION MEMO FILED IN O.A(EKM)
424/2022 ADOPTING THE REPLY STATEMENT DATED
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26.09.2022 FILED BY THE 1ST RESPONDENT IN O.A
(EKM) 440/2022
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL
DATED 20.07.2023 IN OA(EKM)-424/2022
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APPENDIX OF OP(KAT) 17/2024
PETITIONERS ANNEXURES & EXHIBIT
ANNEXURE A1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN
THE GAZETTE OF INDIA DATED 12.6.1989
(RELEVANT PORTION).
ANNEXURE A2 TRUE COPY OF GO(P)NO.91/81/TF&P DATED
5.10.1981 (RELEVANT PORTION).
ANNEXURE A3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT OF KERALA IN OP NO.5612 OF 1981 AND
CONNECTED CASES DATED 28.5.1982.
ANNEXURE A4 TRUE COPY OF LETTER NO.A1-E-68383/2019/TC
DATED 2.7.2019 OF 2ND RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE DRAFT SPECIAL RULES
(AMENDMENT) 2020 ISSUED AS PER FILE
NO.A1/62/2020-TC BY THE 1ST RESPONDENT.
ANNEXURE A5(A) TRUE COPY OF THE MINUTES OF THE MEETING HELD
WITH AUTHORISED SERVICE ORGANIZATIONS DATED
4.11.2020.
ANNEXURE A6 TRUE COPY OF GO(MS)NO.10/2021/TRANS DATED
27.2.2021.
ANNEXURE A7 TRUE COPY OF GO(MS)NO.11/2021/TRANS DATED
16.3.2021.
ANNEXURE A8 TRUE COPY OF LETTER NO.C3/286/2020-TRANS
DATED 19.3.2021 ALONG WITH THE DRAFT
NOTIFICATION.
ANNEXURE A9 TRUE COPY OF THE RELEVANT EXTRACT OF THE
MINUTES OF THE MEETING HELD ON 2.7.2019 OF
THE SUPREME COURT COMMITTEE ON ROAD SAFETY
ISSUED AS PER LETTER NO.05/2014/CORS(VOL-8)
DATED 12.7.2019.
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443/2023, 490/2023, 517/2023, 560/2023
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ANNEXURE A10 TRUE COPY OF CIRCULAR NO.11884/R1/07/P&ARD
DATED 19.7.2010.
ANNEXURE A11 TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST
OF SERVICES PROVIDED BY REGIONAL TRANSPORT
OFFICES AND SUB REGIONAL TRANSPORT OFFICES
VIDE CITIZEN CHART ISSUED FROM MOTOR VEHICLES
DEPARTMENT.
ANNEXURE A12 TRUE COPY OF THE MOTOR VEHICLES (AMENDMENT)
ACT, 2019 DATED 9.8.2019 (RELEVANT PORTION).
ANNEXURE A13 TRUE COPY OF THE ORDER OF THIS HON'BLE
TRIBUNAL IN OA(EKM)NO.1106 OF 2020 DATED
3.8.2020.
ANNEXURE A14 TRUE COPY OF GO(RT)NO.174/2021/TRANS DATED
7.6.2021.
ANNEXURE A15 TRUE COPY OF ORDER OF THIS HON'BLE TRIBUNAL
IN OA(EKM)NO.1647 OF 2020 AND CONNECTED CASES
DATED 10.9.2021.
ANNEXURE A16 TRUE COPY OF THE STATEMENT OF FACTS (HEARING
NOTE) SUBMITTED BY KERALA MOTOR VEHICLES
DEPARTMENT STAFF ASSOCIATION BEFORE THE 1ST
RESPONDENT DATED 10.12.2021.
ANNEXURE A17 TRUE COPY OF THE ORDER OF THIS HON'BLE
TRIBUNAL IN TA NO.6681 OF 2012 DATED
5.7.2019.
ANNEXURE A18 TRUE COPY OF GO(RT)NO.452/2021/TRANS DATED
17.12.2021.
ANNEXURE A19 TRUE COPY OF GO(P)NO.4/2022/TRANS DATED
16.2.2022.
EXHIBIT P1 TRUE COPY OF OA(EKM)NO.232 OF 2022 ALONG WITH
ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY 1ST
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443/2023, 490/2023, 517/2023, 560/2023
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RESPONDENT DATED 26.9.2022 (BY ADOPTING THE
REPLY FILED IN OA(E)NO.440 OF 2022).
EXHIBIT P3 TRUE COPY OF ORDER IN OA(EKM)NO.232 OF 2022
DATED 20.7.2023.
EXHIBIT P4 TRUE COPY OF LETTER NO.A1/319/2024-TC(I) OF
2ND RESPONDENT DATED 10.9.2024.
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APPENDIX OF OP(KAT) 394/2023
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE G.O(P) NO.4/2022/TRANS DATED
16.2.2022 (SRO NO.149/2022)
ANNEXURE A2 TRUE COPY OF THE G.O(P) NO.91/81/TF & P DATED
05.10.1981
ANNEXURE A3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT IN O.P.NO.5612/1981 AND CONNECTED
CASES, DATED 28.5.1982
ANNEXURE A4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT DATED 24.11.1994 IN W.A.NO.1105/1994
ANNEXURE A5 TRUE COPY OF THE MINUTES OF THE MEETING DATED
2.7.2019 BY THE SUPREME COURT COMMITTEE
ANNEXURE A6 TRUE COPY OF THE LETTER OF SUPREME COURT
COMMITTEE ON ROAD SAFETY DATED 12.07.2019
ANNEXURE A7 TRUE COPY OF THE COMMUNICATION DATED 2.7.2019
ISSUED BY THE TRANSPORT COMMISSIONER TO THE
FIRST RESPONDENT
ANNEXURE A8 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTE
FILE DATED 7.1.2020
ANNEXURE A8(A) TRUE COPY OF THE COMMUNICATION NO.
C3/25/2020-TRANS DATED 25.1.2020 ISSUED BY
THE STATE PUBLIC INFORMATION OFFICER TO SMT.
MERCYKUTTY SAMUEL
ANNEXURE A9 TRUE COPY OF THE MINUTES OF THE MEETING DATED
29.06.2020
ANNEXURE A10 TRUE COPY OF THE COMMUNICATION NO.A1/62/2020-
TC DATED 01.10.2020 ISSUED BY THE TRANSPORT
COMMISSIONER TO THE GOVERNMENT PRINCIPAL
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
SECRETARY.
ANNEXURE A11 TRUE COPY OF THE PROPOSED DRAFT SPECIAL RULES
(AMENDMENT) 2020
ANNEXURE A12 TRUE COPY OF THE COMMUNICATION
NO.C3/239/2018-TRANS DATED 15.10.2020
ANNEXURE A13 TRUE COPY OF THE MINUTES OF THE MEETING DATED
04.11.2020 HELD UNDER THE CHAIRMANSHIP OF THE
FIRST RESPONDENT
ANNEXURE A14 TRUE COPY OF THE G.O (MS) NO. 10/2021/TRANS
DATED 27.2.2021
ANNEXURE A15 TRUE COPY OF THE GO(MS) NO.11/2021/TRANS
DATED 16.3.2021
ANNEXURE A16 TRUE COPY OF THE COMMUNICATION NO.
C3/286/2020-TRANS DATED 19.03.2021
ANNEXURE A17 TRUE COPY OF THE CIRCULAR NO.11884/R1/07/P &
ARD DATED 19.07.2010
ANNEXURE A18 TRUE COPY OF THE JUDGMENT DATED 10.09.2021 IN
OA(EKM) 693/2020 OF THIS HON'BLE COURT
ANNEXURE A19 TRUE COPY OF THE GO(MS) NO.452/2021/TRANS.
DATED 17.12.2021
ANNEXURE A20 TRUE COPY OF THE STATEMENT OF FACTS FURNISHED
BY THE STATE IN WRIT PETITION NO.20472/2004
EXHIBIT P1 TRUE COPY OF THE O.A (EKM) NO.454/2022 FILED
BY THE PETITIONERS BEFORE THE TRIBUNAL ALONG
WITH THE ANNEXURES
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE
1ST RESPONDENT ON 26.9.2022 (BY ADOPTING THE
REPLY FILED IN OA.NO.440 OF 2022)
EXHIBIT 3 TRUE COPY OF THE REJOINDER FILED BY THE
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
PETITIONERS DATED 8.11.2022 IN OA (EKM) 454
OF 2022
RESPONDENTS EXHIBITS
EXHIBIT R6(a) TRUE COPY OF THE ORDER NO, A4/27/2022/TC
DATED 13.06.2022 PROMOTING THE PETITIONER AS
SENIOR SUPERINTENDENT.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
APPENDIX OF OP(KAT) 416/2023
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE KERALA TRANSPORT SERVICE
SPECIAL RULES, 1981, ISSUED AS PER G.O.(P) NO.
91/81/TF&P DATED 5-10-1981 AND PUBLISHED AS
S.R.O. NO. 1164/81 IN THE GAZETTE DATED 14-10-
1981.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN O.P. NOS.
5612/1981, 5627/1981 AND 5632/1981 DATED 28-5-
1982 OF THE HONOURABLE HIGH COURT.
ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 24-11-1994 IN
W.A. NO. 1099/94 AND CONNECTED CASES OF THE
HON'BLE HIGH COURT , REPORTED IN 1995 (1) ILR
284 (BASHEER VS. KERALA ASST. MOTOR VEHICLES
INSPECTORS' ASSOCIATION & ORS).
ANNEXURE A4 TRUE COPY OF THE CIRCULAR NO. 12/98 DATED 27-5-
1998 ISSUED BY THE GOVERNMENT.
ANNEXURE A5 TRUE COPY OF THE NOTE NO. 64 (FILE NO. TRANS-
C3/239/2018-TRANS DATED 7-1-2020 OBTAINED UNDER
THE RTI ACT AS PER LETTER NO. C3/25/2020-TRANS
DATED 25-1-2020 ISSUED FROM THE OFFICE OF THE
SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT.
ANNEXURE A6 TRUE COPY OF THE ORDER NO. C3/239/2018-TRANS
DATED 9-2-2020 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE MOTOR VEHICLES (AMENDMENT) ACT,
2019 (NO. 32 OF 2019) AMENDING VARIOUS SECTIONS
OF THE MOTOR VEHICLES ACT, 1988, PUBLISHED IN
THE GAZETTE OF INDIA DATED 9-8-2018.
ANNEXURE A8 TRUE COPY OF THE DRAFT SPECIAL RULES (AMENDMENT)
2020 ISSUED AS PER FILE NO. A1/62/2020-TC ISSUED
BY THE GOVERNMENT.
ANNEXURE A9 TRUE COPY OF THE COMMON ORDER DATED 10-9-2021 IN
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
O.A.(EKM) NO. 693/2020, O.A.(EKM) NO. 623/2021
AND CONNECTED CASES OF THE HON'BLE TRIBUNAL.
ANNEXURE A10 TRUE COPY OF THE ORDER, G.O.(MS) NO.
10/2021/TRANS DATED 27-2-2021 ISSUED BY THE
GOVERNMENT.
ANNEXURE A11 TRUE COPY OF THE LETTER NO. 05/2014/COR5(VOL.8)
DATED 12-7-2019 ADDRESSED BY THE CHAIRMAN,
SUPREME COURT COMMITTEE ON ROAD SAFETY ALONG
WITH THE MINUTES OF THE MEETING HELD ON 2-7-2019
BY THE SUPREME COURT COMMITTEE ON ROAD SAFETY.
ANNEXURE A12 TRUE COPY OF THE ORDER, G.O.(MS) NO. 11/2021/
TRANS DATED 16-3-2021 ISSUED BY THE GOVERNMENT.
ANNEXURE A13 TRUE COPY OF THE ORDER, G.O.(RT) NO.
452/2021/TRANSPORT DATED 17-12-2021 ISSUED BY
THE GOVERNMENT.
ANNEXURE A14 TRUE COPY OF THE AMENDMENT TO THE SPECIAL RULES
ISSUED AS PER G.O.(P) NO. 4/2022/ TRANS. (SRO
NO. 149/2021) DATED 16-2-2022 ISSUED BY THE
GOVERNMENT.
ANNEXURE A15 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE
SUPREME COURT REPORTED IN 1994 (4) SCC 301
(S.SATHYAPAL REDDY VS. GOVERNMENT OF A.P.).
ANNEXURE A16 TRUE COPY OF THE DEBATES BEFORE THE STATE
LEGISLATURE OBTAINED UNDER THE RTI ACT DATED 3-
8-2021 AND 11-11-2021.
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION, O.A.(EKM)
NO. 432 OF 2022, FILED BY THE PETITIONERS/
APPLICANTS BEFORE THE HONOURABLE K.A.T.
EXHIBIT P2 TRUE COPY OF THE ORDER IN O.A.(EKM) NO. 432/2022
AND CONNECTED CASES DATED 20-7-2022 PASSED BY
THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT P3 TRUE COPY OF THE ADOPTION MEMO FILED BY THE
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
GOVERNMENT IN O.A.(EKM) NO. 432/2022 TO ADOPT
THE REPLY STATEMENT FILED IN O.A.(EKM) NO.
440/2022.
EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE
APPLICANTS/ PETITIONERS DATED 5-12-2022 BEFORE
THE HONOURABLE TRIBUNAL.
EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT
DATED 9-3-2023 FILED BY THE 1ST RESPONDENT
BEFORE THE HONOURABLE TRIBUNAL.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
APPENDIX OF OP(KAT) 443/2023
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE GOVERNMENT OF INDIA
NOTIFICATION BY S.O. 443(E) DATED 12.06.1989.
ANNEXURE-A2 TRUE COPY OF THE G.O.(P)NO.91/81/ TF&P DATED
05.10.1981 AS PUBLISHED IN KERALA GAZETTE
EXTRA ORDINARY DATED 14.10.1981.
ANNEXURE-A3 TRUE COPY OF THE FILE NO.TRANS-C3/239/ 218-
TRANS(COMPUTER NO.853412).
ANNEXURE-A4 TRUE COPY OF THE GOVERNMENT LETTER NO.A1-E-
68383/2019/TC DATED 02.07.2019.
ANNEXURE-A5 TRUE COPY OF THE LETTER NO.C3/239/ 2018-TRANS
DATED 15.10.2020 OF THE 1ST RESPONDENT.
ANNEXURE-A6 TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 04.11.2020.
ANNEXURE-A7 TRUE COPY OF THE CURRENT CASE STATUS OF O.A.
(EKM)NO.1635 OF 2020, DOWNLOADED FROM THE
WEBSITE OF THIS HON'BLE TRIBUNAL.
ANNEXURE-A8 TRUE COPY OF THE G.O.(MS)NO.10/ 2021/TRANS
DATED 27.02.2021.
ANNEXURE-A9 TRUE COPY OF THE G.O.(MS)NO.11/ 2021/TRANS
DATED 16.03.2021.
ANNEXURE-A10 TRUE COPY OF THE LETTER NO.C3/286/ 2020-TRANS
DATED 19.03.2021 OF THE 1ST RESPONDENT.
ANNEXURE-A10(A) TRUE COPY OF THE MINUTES OF THE SECRETARY
LEVEL MEETING HELD ON 20.03.2021.
ANNEXURE-A11 TRUE COPY OF THE LETTER NO.05/
2014/CORS(VOL.8) DATED 12.07.2019 OF THE
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
SUPREME COURT COMMITTEE.
ANNEXURE-A12 TRUE COPY OF THE GOVERNMENT CIRCULAR
NO.11884/R1/07/P&ARD DATED 19.07.2010.
ANNEXURE-A13 TRUE COPY OF THE GOVERNMENT CIRCULAR
NO.RULES-129/2016/P&ARD DATED 18.08.2016.
ANNEXURE-A14 TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST
OF SERVICES PROVIDED FROM RT OFFICES AND SUB
RT OFFICES.
ANNEXURE-A15 TRUE COPY OF THE RELEVANT EXTRACT OF THE
MOTOR VEHICLES AMENDMENT ACT, 2019.
ANNEXURE-A16 TRUE COPY OF THE FINAL ORDER DATED 10.09.2021
IN O.A.(EKM)NO.691/202 AND CONNECTED CASES OF
THIS HON'BLE TRIBUNAL.
ANNEXURE-A17 TRUE COPY OF THE HEARING NOTE SUBMITTED
BEFORE GOVERNMENT FILED ON BEHALF OF THE
KERALA MOTOR VEHICLES DEPARTMENT STAFF
ASSOCIATION.
ANNEXURE-A18 TRUE COPY OF THE G.O.(P)NO.4/2022/ TRANS
DATED 16.02.2022 PUBLISHED AS SRO NO.149/2022
IN KERALA GAZETTE EXTRA ORDINARY DATED
16.02.2022.
ANNEXURE-A19 TRUE COPY OF THE STATEMENT DATED 28.02.2005
IN W.P.(C)NO.20472/2004 FILED BY THE
GOVERNMENT.
EXHIBIT -P1 TRUE COPY OF O.A.(EKM)NO.414/2022 FILED
BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, ERNAKULAM.
EXHIBIT-P2 TRUE COPY OF THE ADOPTION MEMO FILED BY THE
GOVERNMENT PLEADER TO ADOPT THE REPLY
STATEMENT FILED IN O.A.(EKM) NO.440/20222 OF
THE HON'BLE KAT
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
EXHIBIT-P3 TRUE COPY OF THE FINAL ORDER DATED 20.07.2023
IN O.A.(EKM) 414/2022 OF THE KERALA
ADMINISTRATIVE TRIBUNAL.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
APPENDIX OF OP(KAT) 490/2023
PETITIONER ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE ORDER, G.O.(P) NO.
91/81/TF&P DATED 5-10-1981 ISSUED BY THE
GOVERNMENT.
ANNEXURE A2 TRUE COPY OF THE DRAFT NOTIFICATION NO.
C3/239/2018-TRANS DATED 15-10-2020 ISSUED BY
THE GOVERNMENT.
ANNEXURE A3 TRUE COPY OF THE LETTER NO. A1/E-
68383/2019/TC DATED 2-7-2019 SENT BY THE
TRANSPORT COMMISSIONER TO THE 1ST RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE ORDER, G.O.(MS) NO. 10/ 2021
/ TRANS DATED 27-2-2021 ISSUED BY THE
GOVERNMENT.
ANNEXURE A5 TRUE COPY OF THE ORDER, G.O.(MS) NO. 11/2021/
TRANS DATED 16-3-2021 ISSUED BY THE
GOVERNMENT.
ANNEXURE A6 TRUE COPY OF THE LETTER NO. C3/286/2020 -
TRANS DATED 19-3-2021 ISSUED BY THE 1ST
RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE DRAFT NOTIFICATION ISSUED BY
THE GOVERNMENT, ENCLOSED ALONG WITH ANNEXURE
A6.
ANNEXURE A8 TRUE COPY OF THE ORDER, G.O.(RT) NO.
452/2021/TRANSPORT DATED 17-12-2021 ISSUED BY
THE GOVERNMENT.
ANNEXURE A9 TRUE COPY OF THE NOTIFICATION NO. G.O.(P) NO.
4/2022/ TRANS DATED 16-2-2022 ISSUED BY THE
GOVERNMENT.
ANNEXURE A10 TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 2-7-2019 OF THE SUPREME COURT COMMITTEE ON
ROAD SAFETY.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
ANNEXURE A11 TRUE COPY OF THE CIRCULAR NO. 11884/R1/07/
P&ARD DATED 19-7-2010 ISSUED BY THE 1ST
RESPONDENT.
ANNEXURE A12 TRUE COPY OF THE STATEMENT SHOWING THE
SERVICES PROVIDED FROM THE REGIONAL TRANSPORT
OFFICES AND SUB REGIONAL TRANSPORT OFFICES.
ANNEXURE A13 TRUE COPY OF THE RELEVANT PAGES OF THE MOTOR
VEHICLES (AMENDMENT) ACT, 2019.
ANNEXURE A14 TRUE COPY OF THE MINUTES OF THE MEETING DATED
4-11-2020 BETWEEN THE PRINCIPAL SECRETARY
WITH THE SERVICE ASSOCIATIONS.
ANNEXURE A15 TRUE COPY OF THE NOTIFICATION, S.O. 443 (E)
DATED 12-6-1989 ISSUED BY THE GOVERNMENT.
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION, O.A.
(EKM) NO. 423/2022 FILED BY THE PETITIONERS
BEFORE THE HONOURABLE K.A.T.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 26-9-
2022 FILED BY THE GOVERNMENT IN SIMILAR
CONNECTED CASE IN O.A.(EKM) NO. 440/2022
BEFORE THE HONOURABLE K.A.T.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20-7-2023 IN
O.A.(EKM) NO. 423/2022 OF THE HONOURABLE
K.A.T. (ERNAKULAM BENCH).
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
APPENDIX OF OP(KAT) 517/2023
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE-A1 TRUE COPY OF SPECIAL RULES OF THE KERALA
TRANSPORT SERVICE, 1981 PUBLISHED AS GO(P)
NO.91/1981/TR&P DATED 05.10.1981
ANNEXURE-A2 TRUE COPY OF NOTIFICATION ISSUED BY THE
CENTRAL GOVERNMENT NO. SO. 443 (E) DATED
12.06.1989
ANNEXURE-A3 TRUE COPY OF THE JUDGMENT K. BASHEER VS.
KERALA ASSISTANT MOTOR VEHICLE INSPECTORS'
ASSOCIATION AND OTHERS REPORTED IN ILR 1995
(1) KER 284
ANNEXURE-A4 TRUE COPY OF THE DRAFT SPECIAL RULES 2020
(AMENDMENT)
ANNEXURE-A5 TRUE COPY OF THE DRAFT PROPOSAL
ANNEXURE-A6 TRUE COPY OF GO (MS) NO.11/2021/TRANS ISSUED
BY THE 1ST RESPONDENT DATED 16.03.2021
ANNEXURE-A7 TRUE COPY OF THE DRAFT RULES ISSUED BY THE
1ST RESPONDENT DATED NIL
ANNEXURE-A8 TRUE COPY OF THE MINUTES OF THE SUPREME COURT
COMMITTEE ON ROAD SAFETY
ANNEXURE-A9 TRUE COPY OF GO (P) NO 4/2022/TRANS DATED
16.02.2022
ANNEXURE-A10 TRUE COPY OF THE CITIZEN CHART ISSUED FROM
THE MOTOR VEHICLES DEPARTMENT KERALA DATED
NIL
ANNEXURE-A11 TRUE COPY OF THE LETTER FROM TRANSPORT
COMMISSIONER TO THE SECRETARY TO GOVERNMENT
TRANSPORT (C) DEPARTMENT DATED 02.07.2019
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
ANNEXURE-R3(A) TRUE COPY OF THE QUESTION AND ANSWER IN
RESPECT OF QUESTION NO.1790 OF THE 3RD
ASSEMBLY MEETING OF THE 15TH KERALA
LEGISLATIVE ASSEMBLY DATED 08.10.2021
ANNEXURE-R3(B) TRUE COPY OF NOTIFICATION ISSUED BY TJE
GOVERNMENT AS GO(P)NO.1/84/TF & P DATED
02.01.1984
EXHIBIT-P1 TRUE COPY OF MEMORANDUM OF ORIGINAL
APPLICATION, OA(EKM) NO.410/2022 FILED BEFORE
THE KERALA ADMINISTRATION TRIBUNAL.
EXHIBIT-P2 TRUE COPY OF THE ADOPTION MEMO FILED BY THE
1ST RESPONDENT DATED 21.10.2022
EXHIBIT-P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE
1ST RESPONDENT IN OA 440/2022 DATED
26.09.2022
EXHIBIT-P4 TRUE COPY OF REPLY STATEMENT DATED 27.01.2023
FILED BY ADDITIONAL 3RD RESPONDENT
EXHIBIT-P5 TRUE COPY OF THE REPLY STATEMENT FILED BY THE
ADDITIONAL RESPONDENTS 4-5, DATED 18.10.2022
EXHIBIT-P6 TRUE COPY OF THE COMMON ORDER PASSED IN
OA(EKM) 410/202 AND CONNECTED CASES DATED
20.07.2023 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM, ADDITIONAL
BENCH, ERNAKULAM.
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
APPENDIX OF OP(KAT) 560/2023
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE KERALA TRANSPORT SERVICE
(AMENDMENT) SPECIAL RULES, 2022 NOTIFIED IN
KERALA GAZETTE EXTRA ORDINARY G.0.
(P)NO.4/2022/TRAN DATED 16.2.2022
ANNEXURE A2 TRUE COPY OF THE RELEVANT PAGES OF THE
MINUTES DATED 02.07.2019 OF THE SUPREME COURT
COMMITTEE ON ROAD SAFETY (PAGE 115, 116, 117,
118 AND 124) ALONG WITH THE COVERING LETTER
DATED 12.07.2019 OF THE SECRETARY OF THE
SUPREME COURT COMMITTEE ON ROAD SAFETY TO THE
MINISTRY OF ROAD TRANSPORTS AND HIGH WAYS,
NEW DELHI
ANNEXURE A3 TRUE COPY OF THE CIRCULAR NO. 11884/R1/07/P &
ARD DATED 19.07.2010.
ANNEXURE A4 TRUE COPY OF THE RELEVANT PAGES OF KERALA
MOTOR VEHICLES ID ON VOLUME II CONTAINING THE
POWERS, DUTIES AND FUNCTIONS OF THE OFFICERS
OF MOTOR VEHICLES DEPARTMENT
ANNEXURE A5 TRUE COPY OF THE COMPARATIVE TABLE SHOWING
THE DUTIES AND FUNCTIONS OF THE OFFICERS OF
MOTOR VEHICLES DEPARTMENTS. PRIOR TO AND
AFTER THE AMENDMENT OF THE ACT
EXHIBIT P1 THE TRUE COPY OF THE APPLICATION IN O.A (EKM)
EXHIBIT P2 A TRUE COPY OF THE COMMON JUDGMENT IN O.A
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
APPENDIX OF OP(KAT) 491/2023
PETITIONERS ANNEXURES & EXHIBITS
ANNEXURE A1 TRUE COPY OF THE PROPOSED KERALA TRANSPORT
SERVICE (AMENDMENT) SPECIAL RULES, 2020.ALONG
WITH TYPED COPY
ANNEXURE A2 TRUE COPY OF THE SPECIAL RULES OF KERALA
TRANSPORT SERVICE RULES, 1981 (PRE-
AMENDMENT).ALONG WITH TYPED COPY
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 10.09.2021 IN
O.A (EKM) NO. 1647/2020 PASSED BY THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH
ANNEXURE A3(A) TRUE COPY OF G.O NO. 452/2021/TRANS DATED
17.12.2021.
ANNEXURE A4 TRUE COPY OF THE G.O(P) NO.4/2022/TRANS DATED
16.02.2022 ISSUED BY THE 1 ST RESPONDENT
CONTAINING THE KERALA TRANSPORT SERVICE
(AMENDMENT) SPECIAL RULES 2022.
ANNEXURE A5 TRUE COPY OF THE JUDGMENT DATED 28.05.1982 IN
O.P.NO.5612/1981 AND CONNECTED CASES ALONG
WITH TYPED COPY
ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 24.11.1994 IN
W.A.NO.1105/1994 ALONG WITH TYPED COPY
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 5.07.2019 IN
T.A.NO.6681/2012 ALONG WITH TYPED COPY
ANNEXURE A8 TRUE COPY OF THE LETTER NO.A1/E-68383/19
DATED 2.07.2019 ALONG WITH TYPED COPY
ANNEXURE A9 TRUE TABLE PREPARED BY THE APPLICANTS AND
OTHERS WHICH LISTS OUT THE SERVICE PROVIDED
FROM THE SUB- REGIONAL TRANSPORT OFFICES AND
THE REGIONAL TRANSPORT OFFICES INDICATING
OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023,
443/2023, 490/2023, 517/2023, 560/2023
2025:KER:24560
THEIR NATURE AND MISCELLANEOUS APPLICATION TO
JOIN THE APPLICANTS
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF THE OA
(EKM)NO.440/2022 ALONG WITH ITS ANNEXURES
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE 1 ST RESPONDENT DATED
26.09.2022
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.07.2023 IN
O.A(EKM)NO.440/2022 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P4 IMPLEADING PETITION FILED BY THE RESPONDENT
NO.4
EXHIBIT P5 IMPLEADING PETITION FILED BY THE RESPONDENTS
EXHIBIT P6 TRUE COPY OF THE LETTER NO.A1/319/2024-PC(I)
DATED 10.09.2024 ISSUED BY THE TRANSPORT
COMMISSIONER, THIRUVANANTHAPURAM TO ALL THE
DEPUTY TRANSPORT COMMISSIONERS.
