High Court of KeralaDivision BenchDisposed of with directions; lis preserved and ...

E. Vinod Kumar v State of Kerala and Others

Case / Petition Number:OP(KAT) No.61 of 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas
  • K. Babu
Judgment Date
2021-03-12
Court Decision / Holding
OP(KAT) No.61 of 2021 disposed of with directions: stay/abeyance of GO(Rt) No.7/2021/CAD dated 05.01.2021 and Ext.P11 letter to the extent indicated, preservation of the lis, and transfer of OA No.969/2020 from Thiruvananthapuram to Ernakulam Bench for consolidated disposal with OA No.681/2020, with a target disposal timeline by May–June 2021. Pleadings to be completed, and a formal amendment if needed. The High Court made clear that its observations do not decide merits, but preserve the subject matter for its Tribunal to adjudicate, and forwarded a certified copy to the KAT for necessary action.
Final Disposition
Disposed of with directions; lis preserved and matter to be heard by Tribunal with OA 681/2020 and OA 969/2020 consolidated; await final disposal by Tribunal.

Parties to the Case

Appellants / Petitioners

  • E. Vinod Kumar

Respondents

  • The State of Kerala represented by its Secretary, Consumer Affairs Department, Government Secretariat, Thiruvananthapuram
  • The Controller of Legal Metrology Department, Thiruvananthapuram
  • Deputy Controller Legal Metrology, Kozhikkode/Ernakulam
  • Shini Vasavan
  • Sreemurali K.K.
  • Bimal S.

Legal Representation & Advocates

Counsels for Petitioners

  • • Elvin Peter P.J.
  • • K.R.Ganesh
  • • Kaimal Priya Padmanabha
  • • Gouri Balagopal

Counsels for Respondents

  • • B. Unnikrishna Kaimal
  • • S.P. Aravindakshan Pillai
  • • Smt. N. Samantha
  • • Smt. L. Annapoorna
  • • Shri Vishnu V.K.
  • • Kum. Abhirami K. Uday
  • • Shri Kuruvilla Sabu Christy
  • • Shri Peter Jose Christo
  • • Shri S.A. Anand
  • • Shri K.N. Remya
  • • Shri V. Varghese
  • • Smt. N. Samantha

Case Synopsis & Summary

The Kerala High Court heard OP(KAT) No.61 of 2021, challenging the Kerala Administrative Tribunal’s (KAT) order and government actions related to the promotion and probation of a Legal Metrology official. The petitioner, E. Vinod Kumar, an Inspector-turned-Assistant Controller in the Legal Metrology Department, contends that GO(Rt) No.7/2021/CAD (dated 5 January 2021) and accompanying correspondence (Exhibit-P11) were issued without lawful consideration of his qualifications and relaxation under Section 56(1) of the Legal Metrology Act, 2009, and that the Tribunal’s interim order (Ext.P12) denying his stay should be reconsidered. The petitioner argues that the old Rules allowed eligibility criteria and that relaxation under Section 56(1) can be applied to the petitioner’s subsequent promotion to Senior Inspector/Assistant Controller, given the transformation under the 2009 Act and the 2011 Rules. Respondents contend that Section 56(1) relaxation applies only to the initial appointments under the old/new regime and cannot be used repeatedly for promotions; they also challenge vires of certain rules. The Court, after hearing both sides, found a prima facie case and directed preservation of the lis, stayed the challenged government orders to some extent, and transferred OA No.969/2020 to the Ernakulam Bench for consolidated disposal, with a timeline for final disposal. The judgment directs pleadings to be completed and ensures that the lis is preserved and heard expeditiously.

Provisions of Law Cited

Article 227 of the Constitution of IndiaSection 56(1) of the Legal Metrology Act, 2009Rule 24 of KS & SSR Part IIStandards of Weights and Measures (Enforcement) Act, 1985Model Draft of the Standards of Weights and Measures (Enforcement) Rules, 1986Kerala Standards of Weights and Measures (Enforcement) Rules, 1992Legal Metrology (General) Rules, 2011Special Rules for the Kerala Legal Metrology State Service Go(P) No.12/2018/CAD

Legal Doctrines & Maxims

  • prima facie case
  • preservation of lis
  • interim orders in the interest of justice

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that the relaxation under Section 56(1) of the Legal Metrology Act, 2009 should be available to him for the next higher post, given the transitional regime and the old rules under which he was initially appointed, and that the 2017 promotion and 2018 training show eligibility for Promotion to Deputy Controller. He submits that Ext.P11 and Ext.P19/Annexures were issued on flawed premises and that the KS&SSR provisions (Rule 24) recognize the formality of confirmation in a way that does not bar retroactive or preserved seniority.

Contentions of Respondents

The respondents contend that relaxation under Section 56(1) cannot be claimed repeatedly for different posts; initial appointment might be under old rules, but subsequent promotions must comply with the new Rules requiring pre-appointment training; they also challenge the vires of certain rules and emphasize that the post of Senior Inspector has now transformed into Assistant Controller of Legal Metrology, making the petitioner’s claim untenable if training was completed post-appointment.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
K.V.Sahadeva Kurup & Others v. Board of Revenue & OthersILR 1979 (1) Kerala 275PositiveFull Bench decision cited to support that 'confirmation' does not find a place in KS& SSR; the idea is that confirmation is a formality, which the court uses to support the petitioner's interpretation.

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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 ALEXANDER THOMAS** **&** **THE HONOURABLE MR.JUSTICE K. BABU** **FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942** **OP(KAT).No.61 OF 2021** **AGAINST THE ORDER IN OA (EKM) NO.681/2020 DATED 11.02.2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER:** ## **E.VINOD KUMAR** **AGED 43 YEARS, S/O. ESWARA MOORTHY, SENIOR INSPECTOR (AUTORIKSHAW), LEGAL METROLOGY DEPARTMENT, KAKKANADERNAKULAM DISTRICT-682 030 RESIDING AT SREE SAILAM, EASTERN GARDEN, THRIKKAKARA P.O., KAKKANAD, ERNAKULAM DISTRICT-682 021. PH:9447432595(NOW WORKING AS ASSISTANT CONTROLLER LEGAL METROLOGY, THODUPUZHA, IDUKKI).** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.KAIMAL PRIYA PADMANABHA SMT.GOURI BALAGOPAL** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001** **2 THE CONTROLLER OF LEGAL METROLOGY DEPARTMENT OF LEGAL METROLOGY, VRINDAVAN GARDENS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.** - **3 DEPUTY CONTROLLER LEGAL METROLOGY DEPARTMENT, (CENTRAL LABORATORY), KAKKANAD, ERNAKULAM-682 030.** - **4 SHINI VASAVAN** **AGED 50 YEARS, W/O.R.SREEKUMAR, DEPUTY CONTROLLER, LEGAL METROLOGY, ALAPPUZHA, RESIDING AT “NIRANJANAM,”** OP(KAT).No.61 OF 2021 2 **KAYAMKULAM P.O., ALAPPUZHA DISTRICT, PIN-690 106. PH:9447861839** **5 SREEMURALI K.K., AGED 51 YEARS, S/O.R.KUNHIKRISHNA PILLAI, DEPUTY CONTROLLER, LEGAL METROLOGY, KOZHIKODE-673 001, RESIDING AT KOLLAKKANDY HOUSE,ANNASSERY P.O.,KOZHIKODE-673317. PH:9387558340.** **6 BIMAL S., AGED 49 YEARS,S/O.SANKARANKUTTY NAIR, DEPUTY CONTROLLER,LEGAL METROLOGY, LEGAL METROLOGY BHAVAN, KAKKANAD, ERNAKULAM-682021, RESIDING AT KRISHNALAYAM, XIV/178,PULPRA LANE, AADAMPILLIKKAVU ROAD, NF GATE, THRIPPUNITHURA, ERNAKULAM DISTRICT682 301. PH 944 6096749.** **R4-6 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R4-6 BY ADV. SMT.N.SANTHA R4-6 BY ADV. SRI.V.VARGHESE R4-6 BY ADV. SRI.PETER JOSE CHRISTO R4-6 BY ADV. SRI.S.A.ANAND R4-6 BY ADV. SMT.K.N.REMYA R4-6 BY ADV. SMT.L.ANNAPOORNA R4-6 BY ADV. SHRI.VISHNU V.K. R4-6 BY ADV. KUM.ABHIRAMI K. UDAY R4-6 BY ADV. SHRI.KURUVILLA SABU CHRISTY** ## **OTHER PRESENT:** ## **SRI.B.UNNIKRISHNA KAIMAL, GOVT.PLEADER, SRI.S.P.ARAVINDKSHAN PILLAI** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT).No.61 OF 2021 3 ## **ALEXANDER THOMAS & K. BABU, JJ.** ---------------------------------------------------- O.P.(KAT) No.61 of 2021 _[arising out of order dated 11.02.2021 in M.A. (EKM) No.139/2021 in O.A. (Ekm) No.681/2020 of K.A.T., TVPM Bench]_ ---------------------------------------------Dated this the 12[th] day of March, 2021 ## **JUDGMENT** ## **Alexander Thomas, J.** The prayers in the aforecaptioned original petition (Kerala Administrative Tribunal) filed under Article 227 of the Constitution of India are as follows (see page Nos.16 & 17 of the paper book of this O.P.):- - _“a) To call for the records leading to Annexure A19 Government Order No.GO(Rt) No.7/2021/CAD dated 05/01/2021 and Exhibit-P11 Letter No.125/CA4/20/CAD dated 09/02/2021 and set aside the same._ - _b) To stay all further proceedings pursuant to Annexure A19 Government Order No.GO(Rt) No.7/2021/CAD dated 05/01/2021 and Exhibit-P11 Letter No.125/CA4/20/CAD dated 09/02/2021._ - _c) To stay Exhibit P-12 interim order dated 11/02/2021 in MA (EKM) No.139/2021 in OA (EKM) No.681/2020 of the Hon'ble Kerala Administrative Tribunal, Additional Bench at Ernakulam;_ - _d) To issue such other directions and orders as this Hon'ble Tribunal deems fit and proper in the interest of justice and circumstances of the case.”_ OP(KAT).No.61 OF 2021 4 2. Heard Sri.P.J. Elvin Peter, the learned counsel appearing for the petitioner in the O.P./the sole applicant in the O.A. before the Tribunal, Sri.B. Unnkrishna Kaimal, the learned Government Pleader appearing for official respondents 1 to 3 in the O.P./respondents 1 to 3 in the O.A. and Sri.S.Aravindaksha Pillai, the learned Advocate, appearing for contesting respondents 4 to 6 in the O.P./contesting respondents 4 to 6 in the O.A. 3. The original main prayers in Ext.P1 original application, O.A. (Ekm) No.681/2020, filed by the petitioner herein are as follows (see page Nos.31 & 32 of this paper book):- _“a) Issue a direction to the 2[nd] respondent to forthwith declare the probation of the applicant in the category of Assistant Controller Legal Metrology on completion of 6 months on duty as Assistant Controller Legal Metrology;_ _b) Issue a direction to the 2[nd] respondent to promote the applicant as Deputy Controller Legal Metrology provisionally in one of the vacancies existing now;_ _c) Issue a direction to respondents 1 and 2 not to convene the Departmental Promotion Committee for preparing the select list for promotion to the category of Assistant Controller Legal Metrology and Deputy Controller Legal Metrology before the declaration of probation of the applicant in the category of Assistant Controller Legal Metrology._ _d) Issue a direction to the 2[nd] respondent to consider and pass orders on the representation (Annexure A8) submitted for declaration of probation of the applicant_ OP(KAT).No.61 OF 2021 5 ## _without any delay._ _e) To issue such other directions or order as this Hon'ble Tribunal deems fit and proper in the interest of justice and circumstances of the case.”_ 4. The amended prayer made by the petitioner in Ext.P1 original application, O.A. (Ekm)No.681/2020, filed by the petitioner herein is as follows (see page No.139 of this paper book):- _**“After relief “d”, the following relief may kindly be “ ” added e : e) Call for the records leading to Annexure A-19 and set aside the same.”**_ 5. The interim prayer made by the petitioner herein in Miscellaneous Application M.A.(Ekm) No.139/2021 in O.A. (Ekm) No.681/2020 are as follows (see page No.147 of this paper book):- _“In view of the above facts it is most humbly prayed that this Hon'ble Tribunal may kindly be pleased to stay all further proceedings pursuant to Annexure A-19 order to the extent it declares that the probation of the applicant is incorrect and needs rectification.”_ 6. The Tribunal, after hearing both sides has passed the impugned Ext.P12 interim order dated 11.02.2021, whereby the said interim relief sought for by the petitioner has been declined. The impugned Ext.P12 interim order dated 11.02.2021 rendered by the Tribunal in M.A. (Ekm) OP(KAT).No.61 OF 2021 6 ## No.139/2021 in O.A. (Ekm) No.681/2020 is as follows (see page No.151 of this paper book);- _“Annexure A19 is taken on record._ _The learned counsel for the applicant seeks a stay of Annexure-A19 Order of the first respondent in which the claim of the applicant for provisional promotion as Deputy Controller has been rejected. The first respondent has taken the view that the applicant was given temporary promotion as senior Inspector by mistake with effect from 30.01.2017, whereas he was eligible for promotion only from 01.05.2018. Since this issue has to be adjudicated the request for stay is declined. It is however, made clear that any action taken in pursuance of Annexure-A19 order will be subject to further orders of this Tribunal.”_ 7. During the pendency of the matter before the Tribunal, the respondent Government authority has issued the impugned Ext.P11 letter dated 09.02.2021, which is a consequential order in relation to the impugned Anx.A19 order. 8. The case of the petitioner is that he was duly appointed as inspector in the Legal Metrology Department as per Anx.A1 order dated 06.06.2003 in accordance with the provisions contained in then prevailing Rules (hereinafter referred to for convenience as 'the old Rules' in terms of Anx.A13 Central Rules and Anx.A14 State Rules which were then prevailing and which Rules were framed under the then prevailing enactment (hereinafter referred to for convenience OP(KAT).No.61 OF 2021 7 as 'the old Act'). That the provisions of the said old Rules required that an incumbent like the petitioner should have successfully completed the basic training at the Indian Institute of Legal Metrology, Ranchi, only before confirmation in the post and not before appointing or posting to the said post. Further that the previous enactment was repealed and replaced by the new enactment which came into force in the year 2009. The new Rules were framed in terms of Anx.A16, which was framed under the new enactment which came into force on 04.09.2012 9. Further that Section 56(1) of the new enactment has clearly mandated that the legal metrology officer appointed immediately before commencement of the Rules under the new act shall be deemed to have been appointed under Sections 13 & 14 of the new Act. not withstanding any Rules prescribing different qualifications, etc. 10. Further that subsequently the petitioner was duly considered for appointment by promotion to the next higher category post of Senior Inspector in which post he as regularised on 31.10.2017. It is also pointed out that the post of Inspector or Senior Inspector is no longer available even OP(KAT).No.61 OF 2021 8 going by the new State prescriptions and the equivalent post is Assistant Controller (Legal Metrology). 11. It is pointed out that the petitioner had successfully completed the training course at the Indian Institute of Legal Metrology at Ranchi, on 30.04.2018, as has been ordered in Anx.A5 proceedings dated 12.09.2018. It is the further case of the petitioner that the next promotion in question is to that of the next higher post of Deputy Controller of Legal Metrology and that the petitioner is the senior most incumbent and has got all the qualifications and eligibility conditions to be considered for the promotion to the post of Deputy Controller, in preference to the junior claimants like the contesting respondents 4 to 6herein. 12. That the Government has now taken the view in Anx.A-19 and Ext.P11 that an incumbent like the petitioner should have cleared the training qualification in the Indian Institute of Legal Metrology, Ranchi, before his appointment as Senior Inspector and that presumably on the ground that the relaxation envisaged in terms of Section 56 (1) can be claimed only once and if an incumbent like the petitioner gets relaxation for the post of Inspector from the abovesaid OP(KAT).No.61 OF 2021 9 training qualifications, he cannot get the same relaxation as regards the next higher category post of Senior Inspector, etc. This appears to be on the premise that the subsequent appointment of the petitioner to the post of Senior Inspector in the year 2017 was at a time when the new Rules framed under the new Act which was in force and the petitioner had completed the training qualification only subsequently on 30.04.2018 and not at the time of his initial appointment as Senior Inspector in 2017, etc. 13. The case of the petitioner is that the abovesaid impugned order has been issued by the Government on the legally flawed premise as if the petitioner is not entitled to secure the relaxation envisaged in terms of Section 56(1) of the new act and that the said relaxation can be legally claimed by an incumbent like the petitioner. 14. Further it is pointed out that the post of Senior Inspector is no longer available and both the post of Inspector and Senior Inspector are now known by the single designation of 'Assistant Controller of Legal Metrology' and that therefore, the argument of the respondents as if the petitioner is claiming relaxation more than once is absolutely flawed and OP(KAT).No.61 OF 2021 10 totally wrong understanding of the matter. 15. Per contra, the argument of the official respondents and the contesting respondents is to the effect that though that it may be true that the petitioner is entitled to get the benefit of regularisation in terms of Section 56(1) of the new Act as far as his appointment to the post of Inspector is concerned, inasmuch as the said appointment was made at a time when the old Rules were in force and not at a time when the new Rules were brought into force. But that the petitioner cannot claim the benefit under Section 56(1) as far as his next appointment to the post of Senior Inspector as the same was made in the year 2017 at a time when the new Act new Rules were in force and the new Rules mandated that for such appointment the incumbents should have necessarily cleared the said training qualification before his posting, etc. 16. Certain other submissions were also made by the learned counsel appearing for the petitioner by placing reliance on the provisions contained in Rule 24 of KS & SSR Part II (which deals with appointment of full members) as well as the decision of the Full Bench of this Court in the case in _**K.V.Sahadeva Kurup & Others v. Board of**_ OP(KAT).No.61 OF 2021 11 _**Revenue & Others**_ [ILR 1979 (1) Kerala 275]to the effect that the term confirmation does not find a place in KS & SSR and the said idea is conveyed by Rule 24 of the rules and therefore confirmation is to be taken as conferment of full membership of the service in the class or category for which a person is selected and going by the provisions contained in Rule 24 of KS & SSR Part II and that the said provision is only a formality and the incumbent can even be appointed with retrospective effect from the date concerned and that the question of confirmation as envisaged in the new Rules framed under the new Act may not, in any manner, detrimentally affect the claim of the petitioner. Further, it is also pointed out by the petitioner that the contentions of the official respondents to the effect that the petitioner will lose his seniority in comparison to contesting respondents 4 to 6 as he had not acquired the training qualification at the time when he was appointed to the post of Senior Inspector in the year 2017, and as the contesting respondents 4 to 6 had acquired the said qualification even their appointment as Senior Inspector as per Anx.A3 proceedings dated 30.10.2017, etc., is untenable. OP(KAT).No.61 OF 2021 12 17. After hearing both sides, we are of the firm view that there is no necessity for us to get into the details of the controversy inasmuch as the main matter is pending consideration before the Tribunal. 18. We are also apprised by both sides that the contesting respondents herein have already filed a separate original application as O.A. No.969/2020 wherein the vires of Rules 4 & 10 of the new State Rules as per Anx.A17 herein etc., is under challenge. 19. After hearing both sides, we are of the view that the petitioner has made out a _prima facie_ case in the matter which justifies that the subject matter of the lis to be preserved. 20. Both sides have also agreed that they will cooperate to ensure the early final disposal of the main matter in Ext.P1 O.A. (Ekm) No.681/2020 filed before the Kerala Administrative Tribunal, Ernakulam Bench as well as the other matter in O.A. No.969/2020, filed by the contesting respondents herein before the principal Bench of the Tribunal at Thiruvananthapuram. 21. The parties may ensure that pleadings are completed without any further delay. OP(KAT).No.61 OF 2021 13 22. The learned counsel appearing for the petitioner would point out that a formal amendment of the present O.A. may be required and that he will take necessary steps in the matter without any further delay for amendment of the pleadings in the present Ext.P1 O.A. 23. Both sides have also agreed that the matter in O.A. No.969/2020, which is now pending before the Thiruvananthapuram Bench be transferred to the Ernakulam Bench to be heard along with Ext.P1 O.A.(Ekm) Bench No.681/2020. 24. Accordingly it is ordered that O.A. No.969/2020, now on the files of the principal Tribunal at Thiruvananthapuram will stand transferred to the Ernakulam Bench of the said Tribunal for hearing and disposal along with Ext.P1 O.A (Ekm) No.681/2020. The Tribunal may take all reasonable endeavours to ensure that both the O.A.s are finally disposed of without much delay, preferably by the end of May, 2021 or at least by the end of June, 2021 or within any time limit that may be found reasonable and appropriate by the Tribunal, in the interest of administration of justice. All the parties concerned should ensure that the pleadings are completed immediately. OP(KAT).No.61 OF 2021 14 25. When the above original petition had come up for consideration on 24.02.2021, we had issued an interim order that the operation and enforcement of the impugned Anx.A19 GO(Rt) No.7/2021/CAD dated 05.01.2021 as well as the impugned Ext.P11 Government letter No.125/CA4/20/CAD dated 09.02.2021 shall be kept in abeyance and shall remain stayed, etc. 26. It is further ordered that the impugned order passed by this Court on 24.02.2021 in this O.P.(KAT) will continue until the disposal of O.A.(Ekm) No.681/2021. The impugned interim order passed by the Tribunal at Ext.P12 will stand superseded and modified as above. 27. It is made clear that we had passed the abovesaid interim order only to ensure the preservation of the subject matter of the lis and shall not be considered in any manner as an expression or opinion on our part regarding the merits of the main controversy, as the same would lie within the exclusive domain and province of the Tribunal. 28. The Registry will forward a certified copy of this judgment to the Kerala Administrative Tribunal, Ernakulam Bench, which is dealing with O.A. (Ekm) No.681/2020 as well OP(KAT).No.61 OF 2021 15 as to the principal Bench of the said Tribunal at Thiruvananthapuram, which is dealing with O.A. (Ekm) No.969/2020, for necessary information, at the cost of the petitioner. With these observations and directions, the above original petition will stand disposed of. Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **K. BABU, JUDGE** Skk//29032021 OP(KAT).No.61 OF 2021 16 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1** **TRUE COPY OF THE ORIGINAL APPLICATION (EKM) NO.681/2020 FILED BY THE PETITIONER DATED 29.5.2020 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** **ANNEXURE A1 TRUE COPY OF THE ORDER NO.CA/1543/2001 DATED 6.6.2003 ISSUED BY THE 2ND RESPONDENT.** **ANNEXURE A2 TRUE COPY OF THE ORDER NO.B2/5698/09KDIS DATED 24.4.2010 ISSUED BY THE ADMINISTRATIVE OFFICER, LEGAL METROLOGY.** **ANNEXURE A3 TRUE COPY OF THE ORDER NO.B/2/362/17(2) DATED 30.10.2017 ISSUED BY THE 2ND RESPONDENT.** - **ANNEXURE A4 TRUE COPY OF THE ORDER NO.B29320/19 DATED 7.1.2020 ISSUED BY THE 2ND RESPONDENT.** - **ANNEXURE A5 TRUE COPY OF THE NOTICE DATED 12.9.2018 REGARDING THE RESULTS OF BASIC TRAINING COURSE.** **ANNEXURE A6 TRUE COPY OF THE PROCEEDINGS NO.1463/2020 DATED 4.5.2020 ISSUED BY THE 2ND RESPONDENT.** - **ANNEXURE A7 TRUE COPY OF THE ORDER S.U(ORD) NO.89/2020/CAD DATED 17.3.2020 ISSUED BY THE IST RESPONDENT.** - **ANNEXURE A8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICATION DATED 5.3.2020 TO THE 3RD RESPONDENT TO DECLARE HIS PROBATION IN THE CATEGORY OF ASSISTANT CONTROLLER.** **ANNEXURE A9 TRUE COPY OF THE LETTER NO.413/2017/CL DATED 6.3.2020 OF** OP(KAT).No.61 OF 2021 17 **THE 3RD RESPONDENT TO THE 2ND RESPONDENT TO DECLARE THE PROBATION OF THE APPLICANT.** ## **EXHIBIT P2** - **TRUE COPY OF THE MA(EKM) NO.629/2020 IN OA(EKM) NO.681/2020 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM DATED 1.6.2020.** ## **ANNEXURE A10** - **TRUE COPY OF THE ORDER NO.B19215/19 DATED 25.5.2020 DECLARING THE PROBATION OF THE APPLICANT.** - **ANNEXURE A11 TRUE COPY OF THE ORDER GO(MS) NO.132/2020/CAD DATED 28.5.2020 OF THE 2ND RESPONDENT.** **EXHIBIT P3** - **TRUE COPY OF THE INTERIM ORDER DATED 10.6.2020 IN OA(EKM) NO.681/2020 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** - **EXHIBIT P4 TRUE COPY OF THE PETITION FOR IMPLEADING FILED BY RESPONDENTS 4 TO 6 DATED 18.6.2020 IN OA(EKM) NO.681/2020 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** **EXHIBIT P5** - **TRUE COPY OF THE INTERIM ORDER DATED 7.7.2020 IN OA(EKM) NO.681/2020 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** - **EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 4 TO 6 IN OA(EKM) NO.681/2020 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** **EXHIBIT P7 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN OA(EKM) NO.681/2020 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL,** OP(KAT).No.61 OF 2021 18 **ADDITIONAL BENCH AT ERNAKULAM.** **ANNEXURE A12 TRUE COPY OF THE RELEVANT PAGES OF THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985.** **ANNEXURE A13 TRUE COPY OF THE RELEVANT PAGES OF THE MODEL DRAFT OF THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) RULES, 1986.** - **ANNEXURE A14 TRUE COPY OF THE KERALA STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) RULES, 1992.** - **ANNEXURE A15 TRUE COPY OF THE RELEVANT PAGES OF THE LEGAL METROLOGY ACT, 2009.** - **ANNEXURE A16 TRUE COPY OF THE RELEVANT EXTRACT OF THE LEGAL METROLOGY (GENERAL) RULES, 2011.** **ANNEXURE A17 TRUE COPY OF THE RELEVANT PAGES OF THE SPECIAL RULES FOR THE KERALA LEGAL METROLOGY STATE SERVICE GO(P) NO.12/2018/CAD DATED 26.9.2018 PUBLISHED IN GAZETTE.** - **ANNEXURE 18 TRUE COPY OF THE FINAL SENIORITY LIST OF SENIOR INSPECTORS IN LEGAL METROLOGY DEPARTMENT.** - **EXHIBIT P8 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY RESPONDENTS 4 TO 6 IN OA(EKM) NO.681/2020 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** - **ANNEXURE R4(B) TRUE COPY OF THE FINAL ORDER DATED 19.8.2020 IN OS 1243/2020 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** **EXHIBIT P9 TRUE COPY OF MA (EKM) NO.136/2021 DATED 14.1.2021 IN OA (EKM) NO.681/2020 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL** OP(KAT).No.61 OF 2021 19 ## **BENCH AT ERNAKULAM.** **ANNEXURE A19** **TRUE COPY OF THE GOVT. ORDER GO(RT)NO.7/2021/CAD DATED 5.1.2021.** **EXHIBIT P10** **TRUE COPY OF THE STAY PETITION DATED 18.1.2021 MA(EKM) NO.139/2021 IN OA(EKM) NO.681/2020 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.** **EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER NO.125/CA4/20/CAD DATED 9.2.2021 ISSUED BY THE IST RESPONDENT.** **EXHIBIT P12** **TRUE COPY OF INTERIM ORDER DATED 11.2.2021 IN MA(EKM) NO.139/2021 IN OA (EKM) NO.681/2020 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH AT ERNAKULAM.**