High Court of KeralaSingle Judge2019-10-09Writ petitions disposed with directions that th...

IN THE HIGH COURT OF KERALA AT ERNAKULAM - WP(C). Nos. 10536/2018(N), 18080/2018, 24685/2018, 11284/2019 & 5847/2019(E)

Case / Petition Number:WP(C).No.10536/2018(N); WP(C).No.18080/2018; WP(C).No.24685/2018; WP(C).No.11284/2019(I); WP(C).No.5847/2019(E)

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2019-10-09
Court Decision / Holding: The writ petitions are ordered accordingly. The Court directs the 1st respondent to consider and pass appropriate orders on representations filed by the petitioners within one month from today and, after hearing within two months, to grant the benefit of the Government Order dated 24.11.2018 to petitioners if they were identically placed, with admitted amounts, if any, to be paid within one month from the date of receipt of a copy of the judgment.
Final Disposition: Writ petitions disposed with directions that the Government consider representations and extend the GO benefit to petitioners if they are identically placed, with payment of admitted arrears/amounts within specified timeframes; effectively, an order for equalization of pay for equal work where warranted.

Parties to the Case

Appellants / Petitioners

M. J. Johnson
Shibu George
P.A Hansalah Muhammed
P. Sajeev Babu
M.H. Shajahan Rawther
N. Gopalakrishnan
Joseph Zacharia

Respondents

State of Kerala represented by its Secretary, Home (C) Department, Government Secretariat, Thiruvananthapuram-695001
The Secretary to Government, Law Department, Government Secretariat, Thiruvananthapuram-695001
District Collector, Kannur District, Pin-670002
District Collector, Kozhikode, Pin-673020
District Collector, Pathanamthitta District, Pin-689545
Chief Secretary Government of Kerala, Government Secretariat, Thiruvananthapuram-695001
District Collector, Alappuzha District, Pin-689545
District Collector, Kottayam, Pin-686020
District Collector, Waynad (Wayanad) District, Pin-673121

Legal Representation & Advocates

Counsels for Petitioners

• D. Kishore
• Mini Gopinath
• Meera Gopinath
• R. Muraleekrishnan (Malakkara)
• S. Shanavas Khan
• S. Indu
• Pratheesh P
• Reny Anto
• V. A. Muhammed
• M. Sajjad
• Bechu Kurian Thomas (Sr.)
• Rony Jose
• Suzanne Kurian

Case Synopsis & Summary

These connected writ petitions, filed by Special Public Prosecutors (SPPs) under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), challenge Government Order dated 24.11.2018 that enhanced consolidated pay for SPPs to Rs.60,000 per month. The petitioners in five petitions allege discrimination because some fellow SPPs received the enhanced pay while they were not, despite performing the same functions in the district and sessions courts under POCSO. They contend that, having served as Additional Government Pleaders/Additional Public Prosecutors, their appointments as Special Public Prosecutors under POCSO were in the same line of duty as those benefitting from the GO; thus, equal pay for equal work demands extension of the same remuneration, including retrospective applicability where appropriate. The State defends the GO, explaining that the Rs.60,000 was fixed after assessing workload and other factors, and that the benefit was restricted to those in service as on 24.11.2018, with discretionary power reserved for future determinations. In its judgment, the Court finds the petitioners identically situated with the GO beneficiaries and notices no rational nexus to justify differential treatment. It directs the Government to consider the petitioners’ representations within two months, to decide and issue orders, and to pay any admitted amounts within one month of receiving the judgment copy. The petitions are ordered accordingly, signaling a plan to extend equal pay principles while preserving governmental discretion for future actions.

Provisions of Law Cited

Protection of Children from Sexual Offences Act, 2012 (POCSO Act)Section 32 of the POCSO ActKerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules 1978

Legal Doctrines & Maxims

Equal pay for equal work
Equality before law / nondiscrimination

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that they were appointed as Special Public Prosecutors for POCSO cases, and though their tenure as government pleaders ended, they continued to serve as SP Pros under the POCSO Act. They aver that GO dated 24.11.2018 fixing Rs.60,000 per month was intended to cover all SP Pros who functioned exclusively as SP Pros during the relevant period; excluding them from this benefit amounts to discrimination given that their duties and workload were indistinguishable from those receiving the higher pay. Relying on precedents cited in the petitions, they urge equal pay for equal work and challenge retroactive/non-retroactive application as arbitrary. They seek extension of the GO benefit to all petitioners and payment of arrears where due, asserting violation of equal protection clauses and non-discrimination in service.

Contentions of Respondents

The respondents reply that the enhanced remuneration was fixed after evaluating workload, number of cases, and other factors with the Government’s discretionary power; the GO was intended for those in service as of 24.11.2018; there is no intelligible nexus to extend it to petitioners who were not covered by the GO at that time. They emphasize budgetary considerations and the need to preserve administrative flexibility in remuneration matters. They argue that the petitioners’ claims should be considered by government through proper representations, rather than by judicial intervention in the present writ petitions.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
State of West Bengal and another v. West Bengal Minimum Wages Board and others	(2010) 5 SCC 225	Mentioned Only	Cited by petitioners; the court did not rely on it to decide the case.
M.V. Mathai v. State of Kerala	1995 KHC 338	Mentioned Only	Cited by petitioners; not expressly adopted or distinguished in the reasoning.
Kalabharathi Advertising v. Hemant Vimalnath Narichania	(2010) 9 SCC 437	Mentioned Only	Cited by petitioners; no explicit treatment in the judgment.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941** ## **WP(C).No.10536 OF 2018(N)** ## **PETITIONERS:** **1 M.J.JOHNSON, AGED 52 YEARS S/O.JOSEPH, MULACKAL HOUSE, ERANHOLI P.O., THALASSERY, KANNUR DISTRICT. 2 SHIBU GEORGE, AGED 49 YEARS S/O.GEORGE, KATTAKAYAM, MARUDONKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.D.KISHORE SMT.MINI GOPINATH SMT.MEERA GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA)** ## **RESPONDENTS:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY, HOME (C) DEPARTMENT,**| ||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**THE SECRETARY TO GOVERNMENT,**| ||**LAW DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE DISTRICT COLLECTOR,**| ||**KANNUR DISTRICT, PIN-670002.**| |**4**|**THE DISTRICT COLLECTOR,**| ||**KOZHIKODE, PIN-673020.**| **R1-4 BY GOVERNMENT PLEADER** ## **OTHER PRESENT:** ## **S. KANNAN GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2307-2019, ALONG WITH WP(C).18080/2018(H), WP(C).24685/2018(I), WP(C).11284/2019(I), WP(C).5847/2019(E), THE COURT ON 09-10-2019 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941** ## **WP(C).No.18080 OF 2018** ## **PETITIONERS:** **P.A HANSALAH MUHAMMED, AGED 48 YEARS S/O.LATE P.M. ABDUL WAHAB, POOMANNIL SAL SABEEL, PAMMAN LANE, KULASEKHARAPATHY, PATHANAMTHITTA DISTRICT.** **BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE SECRETARY TO GOVERNMENT, LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **3 THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA DISTRICT-689545.** ## **R1-3 BY GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2307-2019, ALONG WITH WP(C).10536/2018(N), WP(C).24685/2018(I), WP(C).11284/2019(I), WP(C).5847/2019(E), THE COURT ON 09-10-2019 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941** ## **WP(C).No.24685 OF 2018** ## **PETITIONER:** **P.SAJEEV BABU AGED 57 YEARS,S/O.PURUSHOTHAMAN,PEZHUKONAM,EZHUKONE.P.O,KOL LAM.** **BY ADVS. SRI.PRATHEESH.P SMT.RENY ANTO** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY SECRETARY,HOME(C)DEPARTMENT,SECRETARIAT,THIRUVANANT HAPURAM-695001.** - **2 THE STATE OF KERALA REPRESENTED BY THE SECRETARY,LAW(INSPECTION),DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.** - **3 THE CHIEF SECRETARY GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.** **R1-3 BY GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2307-2019, ALONG WITH WP(C).10536/2018(N), WP(C).18080/2018(H), WP(C).11284/2019(I), WP(C).5847/2019(E), THE COURT ON 09-10-2019 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941** ## **WP(C).No.11284 OF 2019(I)** ## **PETITIONER:** **M.H.SHAJAHAN RAWTHER, AGED 48 YEARS SON OF M.K.HAMEED KANNU RAWTHER, BISMI, HIDAYATHU NAZAR, PUZHAVATHU, CHANGANASSERY P.O., KOTTAYAM DISTRICT, PIN- 686 101.** **BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME**| ||**(C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -**| ||**695 001.**| |**2**|**THE STATE OF KERALA,**| ||**REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LAW**| ||**DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695**| ||**001.**| |**3**|**THE DISTRICT COLLECTOR,**| ||**CIVIL STATION, ALAPPUZHA DISTRICT - 689 545.**| ||**R1-3 BY GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2307-2019, ALONG WITH WP(C).10536/2018(N), WP(C).18080/2018(H), WP(C).24685/2018(I), WP(C).5847/2019(E), THE COURT ON 09-10-2019 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941** ## **WP(C).No.5847 OF 2019(E)** ## **PETITIONERS:** |**1**|**N. GOPALAKRISHNAN,**| |---|---| ||**AGED 51 YEARS**| ||**S/O. V.M. NEELAKANDA PILLAI,**| ||**VRINDAVAN, THIRUVARPPU P.O.,**| ||**KOTTAYAM - 686 020.**| |**2**|**JOSEPH ZACHARIA,**| ||**AGED 47 YEARS**| ||**S/O. LATE P.M. ABDUL WAHAB,**| ||**POOMMANNIL HOUSE,**| ||**KULASEKHARAPATHY,**| ||**PATHANAMTHITTA - 689 645.**| ||**BY ADVS.**| ||**SRI.BECHU KURIAN THOMAS (SR.)**| ||**SRI.RONY JOSE**| ||**SMT.SUZANNE KURIAN**| ## **RESPONDENTS:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY,**| ||**DEPARTMENT OF HOME,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**2**|**DISTRICT COLLECTOR,**| ||**KOTTAYAM - 686 002.**| |**3**|**DISTRICT COLLECTOR,**| ||**WAYANAD - 673 121.**| ## **R1-3 BY GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2307-2019, ALONG WITH WP(C).10536/2018(N), WP(C).18080/2018(H), WP(C).24685/2018(I), WP(C).11284/2019(I), THE COURT ON 09-102019 DELIVERED THE FOLLOWING:** W.P.(C).Nos.10536/18 & con.cases. 6 ## **JUDGMENT** **[WP(C).10536/2018, WP(C).18080/2018, WP(C).24685/2018, WP(C).11284/2019 & WP(C).5847/2019]** **Dated this the 9th day of October 2019** - 1.These writ petitions are filed by the Special Public Prosecutors - appointed under the the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short) seeking the payment of enhanced consolidated pay of Rs.60,000/- per month as provided in Government Order dated 24.11.2018. - 2.Heard Sri.Bechu Kurian Thomas, the learned Senior Counsel appearing for the petitioner in W.P.(C).No.5847/2019, Sri.D.Kishore, learned counsel for the petitioners in W.P. (C).No.10536/2018, Sri.S.Shanavas Khan, the learned counsel for the petitioner in W.P.(C).No.18080/2018, Sri.Pratheesh P, learned counsel for the petitioner in W.P.(C).No.24685/2018, Sri.V.A.Muhammed, learned counsel for the petitioner in W.P. (C).No. 11284/2019, and the learned Government Pleader. W.P.(C).Nos.10536/18 & con.cases. 7 3. It is contended that the petitioners were appointed as Additional Government Pleader and Additional Public Prosecutor in the District and Sessions Court. The appointment was for three years from the date of assumption of charge. Later they were reappointed for three years. While so, the 2[nd] respondent appointed the petitioners along with others as Special Public Prosecutors in the Additional District and Sessions Court for conducting cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short) in terms of Section 32 of the Act. It is stated that the Government terminated the services of the petitioner as Additional Government Pleader and Additional Public Prosecutor by granting one month salary in lieu of notice. However, the appointment as Special Public Prosecutor under the POCSO Act continued. Thereafter, the appointment of the petitioners as Special Public Prosecutors was also terminated and substitutes were appointed in their place. It is stated that thereafter, by Government Order dated 24.11.2018, the consolidated pay of the Special Government Pleaders had been enhanced to Rs.60,000/- per month. However, the benefit was limited to the Special Public Prosecutors who were in service at W.P.(C).Nos.10536/18 & con.cases. 8 the relevant time, but it was given retrospectively from the date they assumed charge. The learned counsel appearing for the petitioners submits that the petitioners are identically situated as the persons who have been granted the benefit of the Government Order and the petitioners have been discriminated only due to extraneous reasons and have been denying their benefits on the political grounds. It is stated that the duties carried out by the petitioners were exactly similar to the duties carried out by the Advocates who have received the benefit of the Government order dated 24.11.2018. In the circumstances, it is contended that the refusal to grant them the benefits by introduction of provision in the Government Order is completely unsustainable. 4. The learned counsel for the petitioners place reliance on the decision of the **State of West Bengal and another v. West Bengal Minimum Wages Board and others** [(2010) 5 SCC 225], **M.V. Mathai v. State of Kerala** [1995 KHC 338], **Kalabharathi Advertising v. Hemant Vimalnath Narichania** [(2010) 9 SCC 437] . W.P.(C).Nos.10536/18 & con.cases. 9 5.A detailed counter affidavit has been placed on record by the 2[nd] respondent in W.P.(C).No.10536/2018. It is contended therein as follows:- 9. Government have decided to fix the remuneration for the Additional Government Pleaders &Additional Public Prosecutors who were terminated from that post and continued as Special Public Prosecutors under the POCSO Act for the period for which they functioned exclusively as Special Public Prosecutors for the time being. Government have considered the number of POCSO cases handled by the Prosecutors and the work load etc. and decided to fix Rs.10,000/-per month as consolidated pay to the above said Special Public Prosecutors. 10.Smt. Sandhya, Rani who was appointed as Special Public Prosecutor, was given the remuneration as per G.O.(Ms) No.215/2013/Law dated 03.12.2013 @ Rs.40,000/-per month as provided in G.O.(Ms) No. 217/2012/Law dated 12.10.2012. True copies of G.O.(Ms) No. 215/2013/Law dated 03.12.2013 and G.O(MS) No.217/2012/Law dated 12.10.2012 is produced herewith and marked as Exhibits R2(a) and R2(b) respectively. Smt.Sandhya Rani was appointed as Special Public Prosecutor in the Special Court established exclusively for trial of cases relating to Atrocities and Sexual Violence against Women and Children at Ernakulam and the same is also a Court under the POCSO Act. The remuneration was fixed by the Government after considering the work load, number of cases etc. by invoking the discretionary power vested in the Government. W.P.(C).Nos.10536/18 & con.cases. 10 11. It is admitted that a consolidated pay of Rs.60,000/-per month is being paid to Special Public Prosecutor appointed in Special Court for Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities) Act, Mananthavady. The Special Court for Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act is established exclusively for the trial of cases relating to atrocities against Scheduled Castes/ Scheduled Tribes and Government have decided their remuneration by considering the work load, number of cases they are attending, etc. by invoking the discretionary power vested in the Government. 6.On a consideration of the contentions advanced, I find that the petitioners are the persons who have been given the benefit of the Government Order dated 24.11.2018, they would identically situated in all respects. Though it is contended that the nature of work carried out by the petitioners was lighter, there is no evidence on record to justify the said allegation. The petitioners are entitled to claim the benefit of equal pay for equal work. No intelligible rational nexus has been brought to my notice by which the petitioners can be said to be a distinct class apart from the persons who had been given the benefit by the Government Order. Had they been in service as on 24.11.2018, they would have been entitled to the benefit of ## W.P.(C).Nos.10536/18 & con.cases. 11 the Government Orders. Therefore, I am opinion that the issue whether the petitioners are entitled to the benefit of the Government Order dated 24.11.2018 is the matter which should gain the attention of the Government. There will, accordingly be a direction to the 1[st] respondent to take up, consider and pass appropriate orders on the representation preferred by the petitioners, if any, or on the representations to be preferred by the petitioners. In case the petitioners approach the Government seeking the benefit of the Government Order dated 24.11.2018 within one month from today, orders, as directed above, shall be passed after hearing the petitioners within a period of two months thereafter. Admitted amounts, if any, due to the petitioners shall be paid within one month from the date of receipt of a copy of this judgment. The writ petitions are ordered accordingly. Sd/- **Anu Sivaraman, Judge** sj W.P.(C).Nos.10536/18 & con.cases. 12 ## **APPENDIX OF WP(C) 10536/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE G.O.(MS)NO.217/11/LAW DATED 22-12-2011 OF THE LAW SECRETARY.** - **EXHIBIT P2** - **TRUE COPY OF THE G.O.(MS)NO.199/14/LAW DATED 27-11-2014 OF THE LAW SECRETARY.** **EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF KERALA GOVERNMENT LAW OFFICERS (APPOINTMENT AND CONDITIONS OF SERVICE) AND CONDUCT OF CASES RULES 1978.** - **EXHIBIT P4 TRUE COPY OF THE G.O.(MS)NO.7/2016/LAW DATED 13-1-2016 PUBLISHE IN THE KERALA GAZETTE EXTRAORDINARY DATED 18-1-2016.** - **EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26-92016 IN WP(C)21469/2016 OF THIS HONOURABLE COURT.** - **EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 1-122016 IN W.A.2264/2016 OF THIS HONOURABLE COURT.** - **EXHIBIT P7 TRUE COPY OF THE G.O.(MS)NO.213/16/LAW DATED 9-12-2016 OF THE LAW SECRETARY.** - **EXHIBIT P8 TRUE COPY OF THE G.O. (RT)NO.16/2018/HOME DATED 16-1-2018 OF THE 1ST RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE G.O. (RT)NO.525/2018/HOME DATED 20-2-2018 OF THE 1ST RESPONDENT.** **EXHIBIT P10 TRUE COPY OF THE G.O.(MS)NO.174/14/LAW DATED 13-11-2014 OF THE LAW SECRETARY.** **EXHIBIT P11 TRUE COPY OF THE G.O.(MS)NO.193/16/LAW DATED 24-11-2016 OF THE LAW SECRETARY.** W.P.(C).Nos.10536/18 & con.cases. 13 **EXHIBIT P12** **TRUE COPY OF THE G.O. (RT)NO.139/2018/HOME DATED 11-1-2018 OF THE 1ST RESPONDENT.** - **EXHIBIT P13** **TRUE COPY OF THE G.O.(MS)NO.162/17/LAW DATED 28-12-2017 OF THE LAW SECRETARY.** - **EXHIBIT P13(A)** - **TRUE COPY OF THE G.O.(MS)NO.22/18/LAW DATED 5-2-2018 OF THE LAW SECRETARY.** - **EXHIBIT P14** - **TRUE COPY OF THE REPRESENTATION DATED 14-6-2017 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SECRETARY TO FINANCE.** **EXHIBIT P15** - **TRUE COPY OF THE REPRESENTATION DATED 4-1-2018 SUBMITTED BY THE 1ST PETITIONER AND OTHERS BEFORE THE RESPONDENTS 1 AND 2.** - **EXHIBIT P16** - **TRUE COPY OF THE G.O.(MS)NO.215/13/LAW DATED 3-12-2013 OF THE LAW SECRETARY.** - **EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS NO.N32013/9596/12 DATED 28-7-2017 OF THE DISTRICT COLLECTOR, WAYANAD.** - **EXHIBIT P18** - **TRUE COPY OF THE G.O.(M.S.)No. 3636/2018/HOME DATED 24.11.2018 OF THE 1ST RESPONDENT.** - **RESPONDENT'S EXHIBITS:** **EXHIBIT R2(A)** TRUE COPY OF G.O(MS)NO 215/2013/LAW DATED 3.12.2013 **EXHIBIT R2(B)** TRUE COPY OF GO(MS)NO.217/2012/LAW DATED 12.10.2012 ## **APPENDIX OF WP(C) 18080/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE G.O. (MS) NO. 108/12/LAW DATED 28.4.2012 OF THE LAW SECRETARY** - **EXHIBIT P2 TRUE COPY OF THE G.O. (MS) NO. 263/12/LAW DATED 17.12.2012 OF THE LAW SECRETARY** - **EXHIBIT P3 TRUE COPY OF THE G.O. (MS) NO. 7/2016/LAW DATED 13.01.2016 PUBLISHED IN THE KERALA GAZETTE EXTRAORDINARY DATED 18.1.2016** - **EXHIBIT P4 TRUE COPY OF THE G.O. (MS) NO. 49/16/LAW DATED 29/2/2016 OF THE SECOND RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26/9/2016 IN W.P.(C) 21469/2016 OF THIS HON'BLE COURT** - **EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 1/12/2016 IN W.A.NO. 2264/2016 OF THIS HON'BLE COURT** - **EXHIBIT P7 TRUE COPY OF THE G.O. (RT) NO. 477/18/HOME DATED 14/2/2018 OF THE 1ST RESPONDENT** - **EXHIBIT P8 TRUE COPY OF THE G.O. (MS) NO. 162/17/LAW DATED 28/12/2017 OF THE LAW SECRETARY** - **EXHIBIT P9 TRUE COPY OF THE G.O. (MS) NO. 22/18/LAW DATED 5/2/2018 OF THE LAW SECRETARY** - **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 4.1.2018 SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE RESPONDENTS 1 AND 2** - **EXHIBIT P11 TRUE COPY OF THE G.O. (MS) NO. 215/13/LAW DATED 3/12/2013 OF THE LAW SECRETARY** - **EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS NO. N32013/9596/12 DATED 28.7.2017 OF THE DEPUTY COLLECTOR, WAYANAD** - **EXHIBIT P13 TRUE COPY OF THE G.O.(MS)NO.3436/2018/HOME DATED 24.11.2018 OF THE 1ST RESPONDENT.** - **RESPONDENT'S EXHIBITS:** **EXHIBIT R2(A) TRUE COPY OF G.O.(MS)NO.215/2013/LAW DATED 03.12.2013.** **EXHIBIT R2(B)** **TRUE COPY OF G.O.(MS)NO.217/2012/LAW DATED 12.10.2012.** ## **APPENDIX OF WP(C) 24685/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY THE G.O(MS)NO.7/2016/LAW DATED 13.1.2016 PUBLISHED IN THE KERALA GAZETTE EXTRAORDINARY DATED 18.1.2016** **EXHIBIT P2 THE COPY OF THE G.O(RT)NO.462/2018/HOME DATED 12.2.2018** **EXHIBIT P3 TRUE COPY OF THE G.O(MS)NO.162/17/LAW DATED 28.12.2017** **EXHIBIT P3(A) A TRUE COPY OF THE G.O(MS)NO.22/18/LAW DATED 5.2.2018** **EXHIBIT P4 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 9.10.2017.** ## **APPENDIX OF WP(C) 11284/2019** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE G.O.(MS) NO.220/11/LAW DATED 22/12/2011.** - **EXHIBIT P2 TRUE COPY OF THE G.O.(MS) NO.164/14/LAW DATED 29/10/2014.** - **EXHIBIT P3 TRUE COPY OF THE GOVERNMENT LETTER NO.22315/INSP 1/2015/LAW DATED 12/06/2015.** - **EXHIBIT P4 TRUE COPY OF THE G.O.(P) NO.23/15/SJD DATED 31/03/2015.** - **EXHIBIT P5 TRUE COPY OF THE G.O.(MS) NO.07/16/LAW DATED 13/01/2016.** - **EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.21469/2016 DATED 26/09/2016.** - **EXHIBIT P7 TRUE COPY OF THE G.O.(MS) NO.1/17/LAW DATED 03/01/2017.** - **EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.A.NO.2264/2016 DATED 01/12/2016.** - **EXHIBIT P9 TRUE COPY OF THE G.O.(RT) NO.297/2018/HOME DATED 16/02/2018.** - **EXHIBIT P10 TRUE COPY OF THE G.O.(RT) NO.3436/18/HOME DATED 24/11/2018.** - **EXHIBIT P11 TRUE COPY OF THE G.O.(MS) NO.215/13/LAW DATED 03/12/2013.** - **EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS NO.N3-20139596/12 DATED 28/07/2017 OF THE DEPUTY COLLECTOR, WAYANAD.** - **EXHIBIT P13 TRUE COPY OF THE G.O.(MS) NO.162/17/LAW DATED 28/12/2017.** - **EXHIBIT P14 TRUE COPY OF THE G.O.(MS) NO.22/18/LAW DATED 05/02/2018.** - **EXHIBIT P15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA DATED 07/07/2017.** **EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 04/01/2018.** **EXHIBIT P15 B TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA DATED 22/11/2018.** ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R2(A) TRUE COPY OF GO(MS) NO.215/2013/LAW DATED 03/12/2013. EXHIBIT R2(B) TRUE COPY OF GO(MS) NO.217/2012/LAW DATED 12/10/2012.** ## **APPENDIX OF WP(C) 5847/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 22.12.2011 NUMBERED AS G.O. (MS).NO.216/11/LAW RELATING TO THE 1ST PETITIONER.** **EXHIBIT P1 A A TRUE COPY OF THE APPOINTMENT ORDER DATED 12.01.2012 NUMBERED AS G.O.(MS). NO.13/12/LAW RELATING TO THE 2ND PETITIONER.** **EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 13.01.2016 NUMBERED AS G.O.(MS).NO.07/2016/LAW.** - **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 16.02.2018 AND NUMBERED AS G.O.(RT). NO.498/2018/HOME.** **EXHIBIT P4 A TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS G.O(MS) NO.162/17/LAW AND DATED 28.12.2017. EXHIBIT P5 A TRUE COPY OF THE ORDER NUMBERED AS DCKTM/422/2018-S5, DATED 26.12.2018 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P5 A A TRUE COPY OF THE ORDER, DATED 26.03.2018 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P6 A TRUE COPY OF THE ORDER NUMBERED AS N32012/7327/12 AND DATED 21.03.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE ORDER NUMBERED AS NO.N32013/9596/12, DATED 28.07.2017 ISSUED BY TE 3RD RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE ORDER NUMBERED AS G.O (ORDINARY)NO.3436/2018/HOME, DATED 24.11.2018. EXHIBIT P9 A TRUE COPY OF THE REPLY DATED 18.01.2018 GIVEN TO THE R.T.I QUERY FROM THE OFFICE OF DISTRICT COLLECTOR, ERNAKULAM.** True copy PS to Judge