High Court of KeralaSingle JudgeDisposed of three writ petitions; common order ...

A. L. Soman; Blessy Jos; Surya Sugunan v. Cochin University of Science and Technology; National Centre for Aquatic Animal Health, Cochin University of Science and Technology; State of Kerala

Case / Petition Number:WP(C) Nos. 11640/2018; 24032/2018; 24046/2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
Judgment Date
2021-12-21
Court Decision / Holding
Writ petitions dismissed.
Final Disposition
Disposed of three writ petitions; common order denying absorption/regularization sustained; petitions dismissed.

Parties to the Case

Appellants / Petitioners

  • A. L. Soman
  • Blessy Jos
  • Surya Sugunan

Respondents

  • Cochin University of Science and Technology (represented by its Registrar)
  • Director, National Centre for Aquatic Animal Health, Cochin University of Science and Technology
  • State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri C. A. Majeed
  • • Sri K. H. Asif
  • • Smt. Molty Majeed
  • • Smt. V. P. Seemandini (Sr.)

Counsels for Respondents

  • • Sri Vipin D. G., SC

Case Synopsis & Summary

This batch of writ petitions challenges a common order dated 09 January 2018 by the first respondent that rejected the absorption or regularization of contract or limited term appointments in the National Centre for Aquatic Animal Health (NCAAH) and its related unit CFDDM. The petitioners include A. L. Soman (WP(C) 11640/2018), Blessy Jos (WP(C) 24032/2018), and Surya Sugunan (WP(C) 24046/2018). They were initially employed as Micro Biologists or Aquatic Animal Health Assistants under project or contractual terms, with appointments renewed for a three-year period starting January 2017. They filed the petitions seeking regularization or absorption, arguing that they rendered years of service in indispensable posts and that regularization is permissible under Supreme Court and Kerala High Court jurisprudence, notably the Uma Devi doctrine which recognizes one time regularization in appropriate cases. The respondents maintained that the posts were not sanctioned permanent posts and that absorption would undermine statutory recruitment and PSC rules. The court, while acknowledging the broader regularization discourse, held that these posts were project based and not sanctioned posts; Nihal Singh v. State of Punjab was distinguished, and the petitions were dismissed, thereby upholding the impugned non-absorption decision. The matter thus ends with the writ petitions being disposed of in favor of the respondents.

Provisions of Law Cited

Article 14 of the Constitution of IndiaArticle 16 of the Constitution of India

Legal Doctrines & Maxims

  • Uma Devi doctrine (State of Karnataka v. Uma Devi and Others, 2006 (4) SCC 1)
  • Nihal Singh and Others v. State of Punjab and Others, 2013 KHC 4607
  • Regularization as a one-time measure

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that long service in indispensable posts justifies regularization, in line with the Uma Devi framework, and that absorption should be allowed as a one-time measure when posts are sanctioned or when the court's direction allows, especially since the work involved is continuous and essential. They emphasize that their engagement covered years of service and that the financial or operational disruption is not a ground to deny regularization.

Contentions of Respondents

The respondents argue that the appointments were contractual for a limited project and not against sanctioned posts. They maintain that absorption would contravene recruitment rules and PSC norms and that a mere long service cannot create a sanctioned vacancy retroactively. They emphasize that the project ceased to exist and the absence of sanctioned posts cannot be cured by regularization.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
State of Karnataka v. Uma Devi and Others2006 (4) SCC 1PositiveCited as a leading doctrine on regularization; emphasizes merits-based consideration and the one-time nature of regularization under certain conditions; not treated as a blanket entitlement.
Nihal Singh and Others v. State of Punjab and Others2013 KHC 4607DistinguishedCourt finds Nihal Singh inapplicable to the petitioners due to differing facts, including the lack of sanctioned posts and the manner of appointment.
WP(C) 33128/2017WP(C) No. 33128/2017Mentioned OnlyJudgment in this petition is referenced but not discussed in the reasoning; its ratio is not applied.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` TUESDAY, THE 21[ST] DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943 ``` ## **`WP(C) NO. 11640 OF 2018`** ## **`NAME AND ADDRESS OF THE PETITIONER:`** ``` A.L.SOMAN AGED 54 YEARS S/O LOHIDAKSHAN, WAS WORKING AS AQUATIC ANIMAL HEALTH ASSISTANT, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS,FINE ARTS AVENUE, KOCHI-682 016. ``` ``` BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF SMT.MOLTY MAJEED SMT.V.P.SEEMANDINI (SR.) ``` ## **`NAME AND ADDRESS OF THE RESPONDENTS:`** - `1 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM - 682 022.` ``` 2THE DIRECTOR NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI - 682 016. ``` ``` 3STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001. ``` ``` BY ADV SRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, ALONG WITH WP(C).24032/2018, 24046/2018, THE COURT ON 21.12.2021 DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` TUESDAY, THE 21[ST] DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943 ``` ## **`WP(C) NO. 24032 OF 2018`** ## **`NAME AND ADDRESS OF THE PETITIONER:`** ``` BLESSY JOS AGED 40 YEARS, W/O.MR.SANTHOSH WORKING AS AQUATIC ANIMAL HEALTH ASSISTANT, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI- 682 016. ``` ``` BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF SMT.MOLTY MAJEED SMT.V.P.SEEMANDINI (SR.) ``` ## **`NAME AND ADDRESS OF THE RESPONDENTS:`** - `1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM- 682 022.` - `2 THE DIRECTOR, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI- 682 016.` ``` 3STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. ``` ``` BY ADV SRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, ALONG WITH WP(C).11640/2018 AND CONNECTED CASES, THE COURT ON 21.12.2021 DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 3 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` TUESDAY, THE 21[ST] DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943 ``` ## **`WP(C) NO. 24046 OF 2018`** ## **`NAME AND ADDRESS OF THE PETITIONER:`** ``` SURYA SUGUNAN AGED 38 YEARS WORKING AS AQUATIC ANIMAL HEALTH ASSISTANT, NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI - 682 016. ``` ``` BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF SMT.MOLTY MAJEED SMT.V.P.SEEMANDINI (SR.) ``` ## **`NAME AND ADDRESS OF THE RESPONDENTS:`** ``` 1COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM - 682 022. 2THE DIRECTOR NATIONAL CENTRE FOR AQUATIC ANIMAL HEALTH, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, LAKESIDE CAMPUS, FINE ARTS AVENUE, KOCHI - 682 016. 3STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. ``` ``` BY ADV SRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, ALONG WITH WP(C).11640/2018 AND CONNECTED CASES, THE COURT ON 21.12.2021 DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 4 ``` ## **JUDGMENT** [WP(C) Nos.11640/2018, 24032/2018, 24046/2018] This order of mine shall dispose of three writ petitions W.P. (C).No.24032/2018 (first writ petition), W.P.(C).No.24046/2018 (second writ petition) and W.P.(C).No.11640/2018 (third writ petition), wherein the common order dated 09.01.2018 of the 1[st] respondent rejecting the request of the petitioners for regularization or absorption, has been challenged. Petitioner in the first writ petition was appointed as Micro Biologist in 2001 against a particular project and thereafter was again appointed for a limited period in January, 2007 for a term of three years. Petitioners in the second and third writ petitions were appointed as Aquatic Animal Health Assistants for a period of three years from 03.01.2017. The pleadings in the aforementioned writ petitions are identical. Petitioner in the first writ petition, prior to the petitioners in the other writ petitions, was in 2001 appointed on temporary post of Micro biologist in accordance with their qualification, in the centre known as Centre for Fish Disease Diagnosis and Management (CFDDM). Vide communication dated 28.12.2016 was informed that the project was over and another ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 5 ``` project ie., sustainable aquaculture production system would be commencing on 03.01.2017 and was offered to work as Aquatic Animal Health Assistant which was willingly accepted by the petitioner, containing certain terms and conditions on 28.12.2016. The other two petitioners were also appointed as Assistants vide order dated 03.01.2017 for a limited period of three years. They submitted representations for regularization/absorption but no action was taken leading to the filing of the writ petitions for a direction to respondents to decide the same. Respondent vide common decision dated 09.01.2018 rejected the case of absorption by taking out the reasons that the recruitment of non-teaching staff since 2011 have been entrusted with the Kerala Public Service Commission whereas the petitioners were not engaged against any sanctioned post and absorption therefore would tantamount to flouting the rules and contrary to the judgment of Supreme Court in **State of Karnataka** v. **Uma Devi and Others** [2006 (4) SCC 1] **.** 2. Learned counsel appearing on behalf of the petitioners submitted that the decision of the respondent is wholly incorrect as the case of the petitioners would not be covered by the ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 6 ``` judgment of **Umadevi** (supra) in as much as the petitioners have been manning indispensable post and rendered number of years of service. Respondents are always in the need of the posts which the petitioners have been dispensing. It was held that the dictum laid down in **Umadevi** was that the regularization of services of the employees should be after considering on merits in the light of principle settled by the Supreme Court in cases referred in the judgment. Thus Union of India, state Government and their instrumentalities were directed to takes steps to regularize as a one time measure, the services of irregularly appointed, who had worked for ten years or more in duly sanctioned post but not under the cover orders of the court or Tribunals and further ensured that the regular recruitments are undertaken to fill up those vacant sanctioned posts that required to be fill up. M.Tech courses are ongoing process and there is no possibility of discontinuing the course any day in the near future. The judgment in **Umadevi** was also came to be pondered by Supreme Court in **Nihal Singh and Others** v. **State of Punjab** **and Others** [2013 KHC 4607] wherein after deliberations on all the points raised, it was held, that state was not justified in ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 7 ``` taking a defence that after permitting the utilisation of the services of large number of people for decades, in the absence of any sanctioned posts refusing to absorb the appellants was not a rational decision. The recruitment through employment exchange was held to be consistent with requirements of Articles 14 and 16 of the Constitution of India, cannot be said to be not against the sanctioned post. As far as the sanctioned posts are absent, the state can create the same depending upon the need to employ people having regard to various functions the state undertaken to discharge but cannot be permitted to take aid, of absence of sanctioned post. 3. On the other hand, learned counsel for the respondents opposed the aforementioned prayer and submitted that petitioners were appointed only for a limited period which was purely contractual employment and the terms and conditions contained therein specifically provided that the service can be dispensed with on cessation of the work with right to terminate the appointment at any time against one month notice. Thus, the appointment was not against any sanctioned post but for a particular project which already ceased to exist; thus the case of ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 8 ``` the petitioners even do not fall within the purview of judgment of **Nihal Singh** (supra) much less that of **Umadevi** (supra). 4. I have heard the learned counsel for the parties and appraised the paper book and am of the view that there is no force and merits in the submission made by the learned counsel representing the petitioners. The reasons are not one but few: 1) It is a conceded position on record that petitioners were appointed for a limited period in respect of a project set up for a particular purpose and on cessation of the work their services were dispensed with. 2) Except first petitioner, the petitioners along with first petitioner were offered appointment only in January 2017 to work as Aquatic Animal Health Assistant for a limited period of three years as evident from the offer of appointment. They cannot be permitted to turn around and set up the case of regularization of having rendered 10 years of service and that too against sanctioned post. Their appointment was neither through any employment exchange or Kerala public service commission, thus obviously was not against any sanctioned posts. 5. The appointment was not on the basis that in order to ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 9 ``` save the cost of the employment, respondent state had been appointing the employees on a contractual basis for unlimited period. Ratio of **Nihal Singh** (supra) would not be applicable as all the affected persons were recommended for appointment through selection process and had been manning posts for long which basically did not dissipate requirement of sanctioned post. This is not the case as set up by the petitioners. I am of the view that the impugned order dated 09.01.2018 rejecting the case of the petitioners do not suffer from any illegality, fallacy or warranting interference under Article 226 of the Constitution of India, allowing the petitioners to regularize the financial crisis or any situation arises for issuing directions for regularization of their service. These writ petitions sans merit, accordingly dismissed. **Sd/-** **AMIT RAWAL JUDGE** nak ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 10 ``` ## **`APPENDIX OF WP(C) 24032/2018`** ## `PETITIONER EXHIBITS` ``` EXT P1A PHOTOCOPY OF THE ORDER OF THE 1ST RESPONDENT DATED 18/01/2000. EXT P2A PHOTOCOPY OF THE LETTER DATED 5/09/2005 INFORMING RE-DESIGNATION OF CFDDM. EXT P3A PHOTOCOPY OF THE LETTER DATED NIL ISSUED TO THE 1ST RESPONDENT. EXT P4A PHOTOCOPY OF THE ORDER DATED 16/01/08 SANCTIONING GRANT TO THE 2ND RESPONDENT. EXT P5A PHOTOCOPY OF THE PRSPECTUS OF COMMON ENTRANCE EXAM FOR ADMISSION FOR THE EYAR 2009-10 FOR M.TECH PROGRAM. EXT P6A PHOTOCOPY OF THE LETTER DATED 10/06/13 OF THE 1ST RESPONDNET SCHEDULING AUDIT. EXT P7A PHOTOCOPY OF THE MEMO DATED 28/12/16 RECEIVED BY THE PETITIONER. EXT P8A PHOTOCOPY OF THE REPRESENTATION DATED 3/04/17 SUBMITTED BY THE PETITIONER. EXT P9A PHOTOCOPY OF THE JUDGMENT DATED 17/10/17 OF THIS HON'BLE COURT IN WP(C) NO.33128/2017. EXT P10A PHOTOCOPY OF THE ORDER DATED 09/01/18 OF THE 1ST RESPONDENT. EXT P11A PHOTOCOPY OF THE REPRESENTATION DATED 20/03/18 BEFORE THE 3RD RESPONDENT. ``` ``` RESPONDENT EXHIBITS EXHIBIT-R1(a)TRUE COPY OF THE TERMS AND CONDITIONS DULY ACCEPTED AND SIGNED BY THE PETITIONER ON 5.1.2017. EXHIBIT-R1(b)TRUE COPY OF THE OFFER LETTER DATED 12.11.2001. EXHIBIT-R1(c)TRUE COPY OF THE MINUTES OF THE 7TH ``` ## **`WP(C) NO. 11640 OF 2018 & Conn.cases`** ## **`11`** ``` MEETING OF THE ADVISORY BOARD OF NCAAH, CUSAT HEL ON 18.50.2017. EXHIBIT-R(e)TRUE COPY OF THE MEMO DATED 28.12.2016 ISSUED BY THE DIRECTOR, NCAAH, CUSAT. ``` ``` EXHIBIT-R1(f)TRUE COPY OF THE JOINING REPORT DATED 5.1.2017 SUBMITTED BY THE PETITIONER TO THE DIRECTOR, NCAAH, CUSAT. ``` ``` WP(C) NO. 11640 OF 2018 & Conn.cases ``` ``` 12 ``` ## **`APPENDIX OF WP(C) 24046/2018`** |`PETITIONER EXHIBITS`|| |---|---| |`EXT.P1:`|`A PHOTOCOPY OF THE ORDER OF THE 1ST`| ||`RESPONDENT DATED 18/01/2000.`| |`EXT.P2:`|`A PHOTOCOPY OF THE LETTER DATED`| ||`05/09/2005 INFORMING RE-DESIGNATION OF`| ||`CFDDM.`| |`EXT.P3:`|`A PHOTOCOPY OF THE LETTER DATED NIL`| ||`ISSUED TO THE 1ST RESPONDENT.`| |`EXT.P4:`|`A PHOTOCOPY OF THE ORDER DATED`| ||`16/01/2008 SANCTIONING GRANT TO THE 2ND`| ||`RESPONDENT.`| |`EXT.P5:`|`A PHOTOCOPY OF THE PROSPECTUS OF COMMON`| ||`ENTRANCE EXAM FOR ADMISSION FOR THE YER`| ||`2009-10 FOR M.TECH PROGRAM.`| |`EXT.P6:`|`A PHOTOCOPY OF THE LETTER DATED`| ||`10/06/2013 OF THE 1ST RESPONDENT`| ||`SCHEDULING AUDIT.`| |`EXT.P7:`|`A PHOTOCOPY OF THE MEMO DATED 28/12/2016`| ||`RECEIVED BY THE PETITIONER.`| |`EXT.P8:`|`A PHOTOCOPY OF THE REPRESENTATION DATED`| ||`03/04/2017 SUBMITTED BY THE PETITIONER.`| |`EXT.P9:`|`A PHOTOCOPY OF THE JUDGMENT DATED`| ||`17/10/2017 OF THIS HON'BLE COURT IN W.P.`| ||`(C).NO.33128/2017.`| |`EXT.P10:`|`A PHOTOCOPY OF THE ORDER DATED`| ||`09/01/2018 OF THE 1ST RESPONDENT.`| |`Ext.P11`|`A PHOTOCOPY OF THE REPRESENTATION DATED`| ||`20/03/2018 BEFORE THE 3RD RESPONDENT`| |`EXHIBIT P12`|`TRUE COPY OF THE NEWSPAPER NATIFICATION`| ||`DATED 15-09-2001`| |`EXHIBIT P13`|`TRUE COPY OF THE PROCEEDINGS OF THE 2ND`| ||`RESPONDENT DATED 27-09-2001`| |`EXHIBIT P14`|`TRUE COPY OF THE INTERVIEW BOARD`| ||`RECOMMENDATION`| |`EXHIBIT P15`|`TRUE COPY OF THE RELEVANT EXTRACT OF THE`| ||`SALARY REGISTER FOR THE MONTH OF`| ||`NOVEMBER 2002`| |`EXHIBIT P16`|`TRUE COPY OF THE LETTER DATED 05/09/2005`| ||`OF THE DEAN OF FACULTY OF ENVIRONMENTAL`| ## **`WP(C) NO. 11640 OF 2018 & Conn.cases`** ## **`13`** ``` STUDIES. ``` - `EXHIBIT P17 TRUE COPY OF THE ADDITIONAL DUTIES ASSIGNED TO THE PETITIONER IN 2015.` - `EXHIBIT P18 TRUE COPY OF THE ADDITIONAL DUTIES ASSIGNED TO THE PETITIONER IN 2017` - `EXHIBIT P19 TRUE COPY OF THE ADDITIONAL DUTIES ASSIGNED TO THE PETITIONER IN 2015.` - `EXHIBIT P20 TRUE COPY OF THE NO-DUES CERTIFICATE ISSUED WHILE RELIEVING A RESEARCHER BY THE 2ND RESPONDENT SHOWS THE PETITIONER’S SIGNATURE AGAINST TECHNICAL OFFICER` - `EXHIBIT P21 TRUE COPY OF THE RTI REPLY DATED 11/07/2019` - `EXHIBIT P22 TRUE COPY OF THE RELEVANT EXTRACT OF THE ANNUAL REPORT OF THE 1ST RESPONDENT` - `EXHIBIT P23 A TRUE COPY OF THE LETTER OF TERMINATION DATED 01/01/2020 ISSUED BY THE 2ND RESPONDENT` ## `RESPONDENT EXHIBITS` - `EXHIBIT R1(A) TRUE COPY OF THE TERMS AND CONDITIONS DULY ACCEPTED AND SIGNED BY THE PETITIONER ON 5.1.2017.` - `EXHIBIT R1(B) TRUE COPY OF THE OFFER LETTER DATED 17.12.2001.` - `EXHIBIT R1(C) TRUE COPY OF THE MINUTES OF THE 6TH MEETING OF THE ADVISORY BOARD OF NCAAH, CUSAT HELD ON 17.12.2016.` - `EXHIBIT R1(D) TRUE COPY OF THE PROCEEDINGS DATED 28.12.2016 OF THE DIRECTOR, NCAAH, CUSAT.` - `EXHIBIT R1(E) TRUE COPY OF THE MEMO DATED 28.12.2016 ISSUED BY THE DIRECTOR, NCAAH, CUSAT TO THE PETITIONER.` - `EXHIBIT R1(F) TRUE COPY OF THE JOINING REPORT DATED 5.1.2017 SUBMITTED BY THE PETITIONER TO THE DIRECTOR, NCAAH, CUSAT.` ``` 14 ``` ## **`WP(C) NO. 11640 OF 2018 & Conn.cases`** ## **`APPENDIX OF WP(C) 11640/2018`** ``` PETITIONER EXHIBITS EXHIBIT-P1:A PHOTOCOPY OF THE ORDER OF THE 1ST RESPONDENT DATED 18/01/2000. EXHIBIT-P2:A PHOTOCOPY OF THE LETTER DATED 05/09/2005 INFORMING RE DESIGNATION OF CFDDM. EXHIBIT-P3:A PHOTOCOPY OF THE LETTER DATED NIL ISSUED TO THE 1ST RESPONDENT. EXHIBIT-P4:A PHOTOCOPY OF THE ORDER DATED 16/01/2008 SANCTIONING GRANT TO THE 2ND RESPONDENT. EXHIBIT-P5:A PHOTOCOPY OF THE PROSPECTUS OF COMMON ENTRANCE EXAM FOR ADMISSION FOR THE YEAR 2009-10 FOR M TECH PROGRAM. EXHIBIT-P6:A PHOTOCOPY OF THE ONE OF THE ORDERS SANCTIONING THE REENGAGEMENT OF THE POST OF THE 1ST PETITIONER. EXHIBIT-P7:A PHOTOCOPY OF THE LETTER DATED 10/06/2013 OF THE 1ST RESPONDENT SCHEDULING AUDIT. EXHIBIT-P8:A PHOTOCOPY OF THE MEMO RECEIVED BY THE PETITIONER. EXHIBIT-P9:A PHOTOCOPY OF THE REPRESENTATION DATED 03/04/2017 SUBMITTED BY THE PETITIONER. EXHIBIT-P10:A PHOTOCOPY OF THE JUDGMENT DATED 17/10/2017 OF THIS HON'BLE COURT IN WP(C) NO.33128/2017. EXHIBIT-P11:A PHOTOCOPY OF THE ORDER DATED 09/01/2018 OF THE 1ST RESPONDENT. EXHIBIT-P12:A PHOTOCOPY OF THE REPRESENTATION DATED 26/02/2018 BEFORE THE 3RD RESPONDENT. EXHIBIT P-12TRUE COPY OF THE RELEVANT EXTRACT OF THE SALARY REGISTER FOR THE MONTH OF OCTOBER 2001. EXHIBIT P-13TRUE COPY OF THE LETTER DATED 05/09/2005 OF THE DEAN OF FACULTY OF ENVIRONMENTAL STUDIES. EXHIBIT P-14TRUE COPY OF THE ADDITIONAL DUTIES ASSIGNED TO THE PETITIONER IN 2015 ``` ## **`WP(C) NO. 11640 OF 2018 & Conn.cases`** ## **`15`** - `EXHIBIT P-15 TRUE COPY OF THE REPLY DATED 03/07/2019 RECEIVED UNDER AN APPLICATION UNDER RTI ACT` - `EXHIBIT PP-16 TRUE COPY OF THE NO-DUES CERTIFICATE ISSUED WHILE RELIEVING A RESEARCHER BY THE 2ND RESPONDENT SHOWS THE PETITIONER’S SIGNATURE AGAINST SECTION OFFICER.` - `EXHIBIT P-17 TRUE COPY OF THE RTI REPLY DATED 11/07/2019` - `EXHIBIT P-18 TRUE COPY OF THE RELEVANT EXTRACT OF THE ANNUAL REPORT OF THE 1ST RESPONDENT` - `EXHIBIT P-19 TRUE COPY OF THE NEWSPAPER ARTICLE THAT APPEARED IN MALAYALAMANORAM DAILY DATED 11/12/2019` - `EXHIBIT P-20 TRUE COPY OF THE TERMINATION LETTER DATED 01/01/2020 ISSUED BY THE 2ND RESPONDENT.` ``` RESPONDENT EXHIBITS ``` - `EXHIBIT R1(a) TRUE COPY OF THE TERMS AND CONDITIONS DULY ACCEPTED AND SIGNED BY THE PETITIONER ON 28.12.2016.` - `EXHIBIT R1(b) TRUE COPY OF THE OFFER LETTER DATED 30.10.2000.` - `EXHIBIT R1(c) TRUE COPY OF THE MINUTES OF THE 6TH MEETING OF THE ADVISORY BOARD OF NCAAH, CUSAT HELD ON 17.12.2016.` - `EXHIBIT R1(d) TRUE COPY OF THE PROCEEDINGS DATED 28.12.2016 OF THE DIRECTOR, NCAAH, CUSAT.` - `EXHIBIT R1(e) TRUE COPY OF THE MEMO DATED 28.12.2016 ISSUED BY THE DIRECTOR, NCAAH, CUSAT TO THE PETITIONER.` - `EXHIBIT R1(f) TRUE COPY OF THE JOINING REPORT DATED 5.1.2017 SUBMITTED BY THE PETITIONER TO THE DIRECTOR, NCAAH, CUSAT.`