In the High Court of Kerala at Ernakulam - WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 17[TH] DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944** ## **WP(C) NO. 23709 OF 2016** ## **PETITIONER:** SUDHEESH P.S AGED 30 YEARS S/O. SUDHAKARAN,PUTHANURAYIL HOUSE, VILAGANNUR. P.O., PEECHI, THRISSUR-680 306. WORKING WITH KERALA FOREST RESEARCH INSTITUTION PETTA, THIRUVANANTHAPURAM. BY ADVS. SRI.THAMPAN THOMAS SMT.HENA BAHULEYAN SRI.B.V.JOY SANKER SRI.SHAFFIE THOMAS ## **RESPONDENTS:** 1 MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIORNMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM. PIN-695 004. 2 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENTKSCSTE SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM PIN-695 004. REP. BY ITS EXECUTIVE VICE PRESIDENT. 3 KERALA FOREST RESEARCH INSTITUTE PEECHI P.O., THRISSUR-680 653, KERALA, REPRESENTED BY ITS DIRECTOR. 4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM-695 001. ADDL.5 PRATIBHA RANI P.S OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC BOTANIC GARDEN & RESEARCH INSTITUTE KARIMANCODE PO, PALODE, THIRUVANANTHAPURAM-695562, RESIDING AT RUGMA, WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 2 EANIKKARA, KARAKULAM PO, THIRUVANANTHAPURAM-695564 IS IMPLEADED AS PER ORDER DATED 6/4/2017 IN IA NO.5451/17 BY ADVS. SRI.GEORGE ZACHARIAH,SC,KSCSTE SRI.IMAM GRIGORIOS KARAT, SC, KERALA FOREST RESEARCH INSTITUTE SRI.N.KRISHNA PRASAD SRI.JELSON J.EDAMPADAM SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).33272/2016, 33653/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 17[TH] DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 WP(C) NO. 33272 OF 2016** ## **PETITIONER:** DEEPA RADHAKRISHNAN AGED 35 YEARS W/O. REJIMON R, SREELAKAM, TC 9/61/1, MRA B 303/1, ATTARTHALA LANE, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM 695 011. BY ADVS. SRI.B.KRISHNA MANI SRI.RAHUL VENUGOPAL SMT.N.V.SANDHYA SRI.SANDESH SOMAN ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR THE NATIONAL TRANSPORTATION, PLANNING AND RESEARCH CENTRE [NATPAC], SASTHRA BHAVAN,PATTOM PALACE P.O, THIRUVANANTHAPURAM 695 004. 3 THE EXECUTIVE VICE PRESIDENT THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT [KSCSTE], SASTHRA BHAVAN, PATTOM PALACE P.O, THIRUVANANTHAPURAM 695 004. WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 4 4 THE EX-OFFICIO PRINCIPAL SECRETARY SCIENCE AND TECHNOLOGY [A] DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM 695 001. ADDL.5 PRATIBHA RANI P.S OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE PO, PALODE,THIRUVANANTHAPURAM-695562, RESIDING AT RUGMA, EANIKKARA, KARAKULAM PO, THIRUVANANTHAPURAM-695564. IS IMPLEADED AS PER ORDER DATED 3/4/2017 IN IA NO.5610/17 BY ADVS. GOVERNMENT PLEADER SRI.B.S.SYAMANTHAK, SC, NATPAC SRI.JELSON J.EDAMPADAM SRI.PIRAPPANCODE V.S.SUDHIR SRI.B.S.SYAMANTHAK, SC, NATPAC Riji Rajendran V.K.SUNIL SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).23709/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 17[TH] DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944** ## **WP(C) NO. 33653 OF 2016** ## **PETITIONERS:** 1 SEEMA VISWANATH AGED 30 YEARS OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562,RESIDING AT VISWASOBHA,TC 30/1523 (1), PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM. 2 CHITRA R. OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562,RESIDING AT VRINDHAVANAM, MANDAPAKUNNU, ALANTHRARA,VENJARAMOODU,THIRUVANANTHAPURAM. 3 JISHI S. OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562,RESIDING AT THOPPIL VEEDU, KIZHUVILAMP.O.,ATTINGAL,THIRUVANANTHAPRUAM. 4 ANURADHA R. OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562,RESIDING AT KARTHIKALAYAM, KURAKKADA P.O., KIZHUVILAM, ATTINGAL,THIRUVANANTHAPURAM-695 014. 5 PRATHIBHA RANI P.S. OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562,RESIDING AT RUGMA, EANIKKARA, KARAKULAM P.O., THIRUVANANTHAPURAM-64. 6 ATHIRA NAIR R..S OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE P.O., PALODE, WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 6 THIRUVANANTHAPURAM-695 562,RESIDING AT R.C.NIVAS, MELECHEMBAKATHATTU, KOKKOTTELA P.O.,ARYANAD, THIRUVANANTHAPURAM. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,SCIENCE & TECHNOLOGY DEPARTMENT,SECRETARIAT, THIRUVANANTHAPRUAM-695 001. 2 JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN RESEARCH INSTITUTE KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562. 3 THE DIRECTOR, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN RESEARCH INSTITUTE KARIMANCODE P.O., PALODE, THIRUVANANTHAPURAM-695 562. 3 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O.,THIRUVANANTHAPURAM-695 004. 4 THE KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY ENVIRONMENT SASTHRA BHAVAN, PATTOM P.O.THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS MEMBER SECRETARY. BY ADVS. SHRI.C.K.KARUNAKARAN SC FOR (TBGARI) SRI.GEORGE ZACHARIAH,SC,KSCSTE P.C.SASIDHARAN, SC, KSCSTE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).23709/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 7 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 17[TH] DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 WP(C) NO. 38073 OF 2016** ## **PETITIONERS:** 1 DR.A.S.HEMANTHKUMAR HERBARIUM ASSISTANT (TECHNICAL OFFICER), JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM 695 562, RESIDING AT T.C 10/896, PLAVILAPUTHANVEEDU, MANNAMOOLA, PEROORKADA P.O, THIRUVANANTHAPURAM 695 005. 2 DR. S. ANILKUMAR HERBARIUM ASSISTANT (TECHNICAL OFFICER), JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM 695 562, RESIDING AT SIVASADANAM, THENNOORE, VELLAYANI, NEMOM P.O, THIRUVANANTHAPURAM 695 020. 3 SMT. A. MANJULADEVI LAB ASSISTANT/CLERCICAL ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM 695 562, RESIDING AT "AMEYA", P.C 52/2526, KAIMANAM, PAPPANAMCODE P.O, THIRUVANANTHAPURAM 18. 4 SRI J. JOSE. LAB ASSISTANT/CLERCICAL ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM 695 562, RESIDING AT "SANTHA BHAVAN", PUNCHAKARY, THIRUVALLAM P.O, THIRUVANANTHAPURAM 27. 5 SMT. T. AJITHAKUMARY OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 8 THIRUVANANTHAPURAM 695 562, RESIDING AT MAKKUMKARAPUTHANVEEDU, MANTHURUTHY, KARIMANCODE P.O, PALODE, THIRUVANANTHAPURAM 695 562. BY ADVS. SRI.DEEPU LAL MOHAN SMT.S.LEENA SRI.K.S.PRENJITH KUMAR ## **RESPONDENTS:** 1 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004. 2 JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTION REPRESENTED BY ITS DIRECTOR, PALODE, THIRUVANANTHAPURAM 695 562. 3 THE DIRECTOR JAWAHARLAL NEHRU, TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM 695 562. 4 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SCIENCE AND TECHNOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. ADDL.5 PRATIBHA RANI P.S OFFICE ASSISTANT, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, KARIMANCODE PO, PALODE,THIRUVANANTHAPURAM-695562, RESIDING AT RUGMA, EANIKKARA, KARAKULAM PO, THIRUVANANTHAPURAM-695564. IS IMPLEADED AS PER ORDER DATED 31/3/2017 IN IA NO.5427/17 BY ADVS. SRI.GEORGE ZACHARIAH,SC,KSCSTE SRI.C.K.KARUNAKARAN SC FOR (TBGARI) GOVERNMENT PLEADER 33653/2016, 38073/2016 9 SRI.JELSON J.EDAMPADAM SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).23709/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 33653/2016, 38073/2016 10 ## **JUDGMENT** Dated this the 17[th] day of November, 2022 These writ petitions are filed by employees, who had been initially appointed on contract basis challenging the decision taken by the Kerala State Council for Science, Technology and Environment to cancel the orders of regularization already issued by the respective institutes in their favour. 2. The petitioner in WP(c) 23709 was initially appointed as Project Assistant and Guest Relation Assistant in the 3[rd] respondent- Kerala Forest Research Institute. The petitioner in WP(c) No. 33272/2016 was appointed as Technical Officer in the National Transportation, Planning and Research Centre under the 3[rd] respondent. While the petitioners in WP(c) No.33653/2016 were appointed as Office Assistants in the Jawaharlal Nehru Tropical Botanic Garden and Research Institute (2[nd] respondent). The petitioners in WP(c) No.38073/2016 were appointed as Technical Officers, Lab Assistants and Office Assistants in the Jawaharlal Nehru Tropical Botanic Garden and Research Institute WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 11 (2[nd] respondent). 3. It is submitted by the learned Counsel appearing for the petitioners that the petitioners had been continuing in service on the basis of interim orders granted by this Court. It is contented that they were appointed, although on a contract basis, after undergoing a due process of selection and that their appointments were also regularized by the respective institutes. It is submitted that some of the petitioners had been continuing since 2005 and that they are entitled to regularization in service. It is further submitted that all the benefits including pay fixation have been granted to the employees on the basis of orders issued by the Council. It is contented that in view of the fact that the petitioners had been continuing for long periods, their claim for regularization, is therefore to be considered by the State Government, taking note of the fact that they were appointed on contract basis after undergoing a process of selection after proper public notice and have been continuing in service for a considerably long period of time and since it is evident that there is clear requirement for their services. WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 12 3. Detailed counter affidavits are placed on record by the Kerala State Council for Science,Technology and Environment in these cases. Pleadings are on record on behalf of the individual institutes and institutions as well as by the Government. It is contented that the respective institutes had initially engaged the petitioners on contract basis and thereafter had passed orders regularizing their services. However, such regularization was subject to ratification of the State Council. It is stated that neither the State Council nor the Government had ratified the regularisation of the petitioners. It is stated that the orders of regularization were placed before the Kerala State Council for Science, Technology and Environment for ratification, but no orders were passed ratifying the orders of regularization. It is submitted that the mattes are pending ratification before the Council. 4. In WP(C) 33653 of 2016, IA No.1/2022 was filed for accepting additional documents, therein a counter affidavit has been placed on record by the 2[nd] respondent on 17.11.2022. WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 13 5. The facts of the said case are narrated in detail in the said affidavit. It is submitted that the petitioners in the said writ petition that is WP(c).No.33653 of 2016 were appointed as Office Assistants on contract basis in the year 2013 after conduct of a selection. It is submitted that thereafter the 5[th] respondent counsel had required the Director of the 2[nd] respondent to take appropriate action with regard to the claim of the petitioners for regularization of service. It is stated that the service of the petitioners were regularized with effect from 29.02.2016. However, 5[th] respondent Council had in its 45[th] executive committee decided to cancel the regularization of petitioners. It is contented that, the petitioners are continuing in service on basis of interim orders passed by this Court. It is submitted that thereafter, proposals for regularization of employees had been sent up to the Government and services of some such employees had been regularized. It is further contended that, on the basis of directions issued in WP(c)No. 37590 of 2017, WP(c) No.41113 of 2017 and WP(c) No.1109 of 2018 which was disposed of by the common Judgment dated 7/3/2022, the 5[th] respondent has WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 14 accorded sanction to provide the benefits of the 10[th] pay revision to the petitioners in those writ petitions, who were similarly situated as the petitioners herein, subject to ratification of the regularization of service by the Government. 5. It is submitted that the 5[th] respondent Council had issued the said orders on 20/6/2022 and that the matter is pending before the Government for regularization. It is further contented that the petitioners herein are similarly situated as the petitioners in WP(c)No. 37590 of 2017, WP(c) No.41113 of 2017 and WP(c) No.1109 of 2018 and that the petitioners have also been granted the benefit of the 10[th] pay revision pursuant to the decision of the 5[th] respondent Council dated 20/6/2022. 6. It is further submitted that Paragraph 15 is as follows:- _“15. It is respectfully submitted that, this institution has no objection in granting benefits to the Petitioners herein also under the 10[th] Pay Revision, since the petitioners herein were appointed through a transparent process in compliance with the recruitment formalities, including observing the reservation_ WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 15 _norms.”_ 7. Having considered the contentions advanced, I am of the opinion that, in view of the fact that the petitioners had been appointed on a contract basis after following a procedure of selection and since they have admittedly been continuing in service for long periods and are being granted all benefits including benefits of pay revisions, which are extended to regular employees, I am of the opinion that the request of the petitioners for regularization has to be considered in accordance with the law by the Government. 8. The contention of the petitioners that they are not back door entrants and that they had been appointed on contract basis after a due selection and therefore, their cases are not covered by the Judgment of the Apex Court in _**Secretary, State of Karnataka & Others v. Umadevi and others [2006 KHC 507]**_ and also requires to be considered by the Government. There will accordingly be a direction to the Government to take up the request of the petitioners for regularization, taking 33653/2016, 38073/2016 16 note of the affidavit filed by the 2[nd] respondent in WP(c) No.33653 of 2016 and as also after considering the contentions of the petitioners that they are not back door appointees. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. The interim order granted by this Court shall continue in force till orders are passed and communicated to the petitioners. Sd/- **ANU SIVARAMAN** **JUDGE** ska WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 17 ## **APPENDIX OF WP(C) 23709/2016** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE PAYMENT VOUCHER DATED| ||30.03.2006.| |Exhibit P2|TRUE COPY OF THE ORDER DATED 11.12.2007.| |EXT. P3|TRUE COPY OF THE REGULARIZATION ORDER DATED| ||02.02.2008 OF ONE SHRI. RAJENDRAN AND OTHERS| ||ISSUED BY THE 2ND RESPONDENT.| |EXT. P4|TRUE COPY OF THE ORDER ISSUED BY 3RD| ||RESPONDENT IN FAVOUR OF T.P. VALSAN AND I.O.| ||THOMAS DATED 11.06.2010.| |EXT. P5|TRUE COPY OF ORDER OF THE 3RD RESPONDENT IN| ||FAVOUR OF K. KAMALAKARAN FOR THE POST OF| ||ASSISTANT DATED 25.06.2010.| |EXT. P6|TRUE COPY OF THE ORDER DATED 29.05.2012| |EXT. P7|TRUE COPY OF THE ORDER NO. 168/2014/KSCSTE| ||DATED 18.09.2014.| |EXT. P8|TRUE COPY OF THE ORDER NO. 169/2014/KSCSTE| ||DATED 18.09.2014.| |EXT. P9|TRUE COPY OF THE EXTRACT OF THE DECISION| ||38/34.| |EXT. P10|TRUE COPY OF THE EXTRACT OF THE DECISION| ||38/9.| |EXT. P11|TRUE COPY OF THE EXTRACT OF THE DECISION| ||38/46..| |EXT. P12|TRUE COPY OF THE EXTRACST OF THE DECISION| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 18 ||38/46.| |---|---| |EXT. P13|TRUE COPY OF THE ORDER NO. 15/2015/KSCSTE| ||DATED 09.02.2015.| |EXT. P14|TRUE COPY OF THE ORDER NO.| ||2187/C5/2014/KSCSTE DATED 01.07.2015.| |EXT. P15|TRUE COPY OF THE COMMUNICATION NO.| ||1516/C2/2014/KSCSTE DATED 1.09.2014 WITH THE| ||EXTRACT OF 38TH EXECUTIVE COMMITTEE MEETING| ||HELD ON 19.08.2014.| |EXT. P16|TRUE COPY OF THE APPOINTMENT LETTER DATED| ||14.09.2015 REGULARIZING THE PETITIONERS| ||SERVICE.| |EXT. P17|TRUE COPY OF THE ORDER DATED 17.09.2015.| |EXT. P18|TRUE COPY OF THE ORDER IN W.P.C. NO.| ||34388/2014 DATED 28.09.2015.| |EXT. P19|TRUE COPY OF THE TRANSFER ORDER NO.| ||D7/KFRI/ESTT/78 DATED 22.12.2015.| |EXT. P20|TRUE COPY OF THE PLAY SLIPS FOR THE MONTHS| ||OF APRIL DATED 29.04.2016.| |EXT. P21|TRUE COPY OF THE ORDER DATED 06.01.2016.| |EXT. P22|TRUE COPY OF THE ORDER DATED 01.06.2016.| |EXT. P23|TRUE COPY OF THE COMMUNICATION DATED| ||05.02.2015.| |EXT. P24|TRUE COPY OF THE COMMUNICATION DATED| ||23.12.2015.| |EXT. P25|TRUE COPY OF THE COMMUNICATION DATED| ||14.01.2016.| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 19 EXT. P26 TRUE COPY OF THE ORDER NO. 210/C2/KSCSTE DATED 05.07.2016. OF THE 1ST RESPONDENT. Exhibit P 27 TRUE COPY OF THE PROCEEDINGS NO. 2921/C2/2015/KSCSTE DATED 22.11.2016. Exhibit P28 TRUE COPY OF THE PAYMENT VOUCHER DATED 05.12.2005. Exhibit P29 TRUE COPY OF THE PAYMENT VOUCHER DATED 30.11.2005 AND 01.12.2005. RESPONDENT EXHIBITS Exhibit R1 A TRUE COPY OF THE LETTER BY WHICH THE GOVERNMENT INTIMATED THE REJECTION OF THE PROPOSAL FOR REGULARIZATION OF SRI. DIJEESH R.S., Exhibit R1B TRUE COPY OF THE INTIMATION FROM THE GOVERNMENT REGARDING REJECTION OF THE PROPOSAL FOR RETIFICATION OF THE DECISION TO REGULARIZE SMT. BEENA C.N. Exhibit R3 A TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE 42ND EXECUTIVE COMMITTEE OF KSCSTE DATED 29.06.2015. EXIHIBIT R4A TRUE COPY OF THE GOVERNMENT LETTER NO 6644A4-14- DATED 13-1-2015 FROM SCIENCE AND TECHNOLOGY DEPARTEMENT WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 20 ## **APPENDIX OF WP(C) 33272/2016** PETITIONER EXHIBITS |EXHIBIT P1.|COPY OF THE DEGREE CERTIFICATE OF THE| |---|---| ||PETITIONER.| |EXHIBIT P2.|COPY OF THE EXPERIENCE CERTIFICATE DATED| ||21.7.05.| |EXHIBIT P3.|COPY OF THE EXPERIENCE CERTIFICATE DATED| ||9.4.14.| |EXHIBIT P4.|COPY OF THE ORDER DATED 11.4.14 PASSED BY| ||THE 2ND RESPONDENT.| |EXHIBIT P5.|COPY OF THE ORDER DATED 11.8.15 PASSED BY| ||THE EXECUTIVE VICE PRESIDENT, THE KERALA| ||STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND| ||ENVIRONMENT [KSCSTE], SASTHRA BHAVAN, PATTOM| ||PALACE, THIRUVANANTHAPURAM.| |EXHIBIT P6.|COPY OF THE ORDER DATED 25.9.15 PASSED BY| ||THE 2ND RESPONDENT.| |EXHIBIT P7.|COPY OF THE ORDER DATED 26.5.16.| |EXHIBIT P8.|COPY OF THE LIST OF MEMBERS OF THE STATE| ||COUNCIL OF THE 3RD RESPONDENT.| |EXHIBIT P9.|COPY OF THE LIST OF MEMBERS OF THE EXECUTIVE| ||COMMITTEE OF THE 3RD RESPONDENT.| |EXHIBIT P10.|[COPY OF THE APPROVAL OF THE PRESIDENT OF| ||THE STATE COUNCIL OF 3RD| ||RESPONDENT.]SUBSTITUTED.* EXT.P10 IS| ||SUBSTITUTED AS “THE TRUE COPY OF THE| ||RELEVANT PORTION OF NOTE FILE” AS PER ORDER| ||DATED 18/10/16 IN IA NO.16065/16| |EXHIBIT P11.|COPY OF THE RELEVANT PORTION OF THE MINUTES| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 21 OF THE 45TH MEETING OF THE EXECUTIVE COMMITTEE OF [KSCSTE] HELD ON 26.9.16. - EXHIBIT P12. COPY OF THE COMMUNICATION DATED 18.3.16 ISSUED BY THE SCIENCE AND TECHNOLOGY [A DEPARTMENT], GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. - EXHIBIT P13. COPY OF THE COMMUNICATION DATED 27.6.16 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. - EXHIBIT P14. COPY OF THE APPLICATION DATED 9.4.14 SUBMITTED BY ONE LUKE KURIAN UNDER THE RIGHT TO INFORMATION ACT. EXHIBIT P15. COPY OF THE REPLY DATED 13.5.14. EXHIBIT P16. COPY OF THE ORDER DATED 31.1.08. EXHIBIT P17. COPY OF THE RELEVANT PORTION OF MINUTES OF [KSCSTE] DATED 17.10.14. EXHIBIT P18. COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING HELD ON 19.8.14. EXHIBIT P19. COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING HELD ON 31.3.14. EXHIBIT P20. COPY OF THE MINUTES OF EXECUTIVE COMMITTEE MEETING DATED 29.6.15. EXHIBIT P21. COPY OF THE MINUTES OF EXECUTIVE COMMITTEE MEETING DATED 8.12.15. EXHIBIT P22. COPY OF THE ORDER DATED 23.11.15. EXHIBIT P23. COPY OF THE ORDER DATED 11.8.15. EXHIBIT P24. COPY OF THE APPLICATION SUBMITTED BY SANJAI WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 22 R.J. EXHIBIT P25. COPY OF THE NOTE DATED 1.3.12. EXHIBIT P26. COPY OF THE NOTE DATED 11.7.12. EXHIBIT P27. COPY OF THE PROCEEDING DATED 25.7.12 ISSUED BY THE 2ND RESPONDENT. WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 23 ## **APPENDIX OF WP(C) 33653/2016** PETITIONER EXHIBITS |EXT.P1.|TRUE COPY OF THE LETTER| |---|---| ||NO.3/ESTT.2/2013/JNTBGRI DATED 8/3/2013 OF| ||THE 2ND RESPODNENT| |EXT.P2.|TRUE COPY OF THE LETTER| ||NO.3/ESTT.2/2013/JNTBGRI DATED 8/3/2013 OF| ||THE 2ND RESPODNENT| |EXT.P3.|TRUE COPY OF THE PUBLICATION DATED 8/3/2013| ||GIVEN BY THE 2ND RESPONDENT AVAILABLE IN| ||THEIR OFFICIAL WEBSITE, I.E WWW.TBGR.IN.| |EXT.P4.|TRUE COPY OF THE NEWS ITEM GIVEN BY THE| ||INSTITUTE REGARDING THE APPOINTMENT OF| ||OFFICE ASSISTANTS, TEMPORARILY THE| ||QUALIFICATION, AGE, DATE OF INTERVIEW ETC,| ||CONTAINED IN THE THOZHILVEEDHI OF THE| ||MALAYALA MANORAMA DAILY DATED 16/3/2013.| |EXT.P5.|TRUE COPY OF THE NOTICE DATED 26/3/2013| ||PUBLISHED BY THE 2ND RESPONDENT| |EXT.P6.|TRUE COPY OF THE NOTIFICATION INVITING| ||APPLICATION FOR APPOINTMENT OF OFFICE| ||ASSISTANTS, PUBLISHED IN THE OFFICIAL| ||WEBSITE OF THE INSTITUTE ON 18/3/2013.| |EXT.P7.|TRUE COPY OF THE CANDIDATES, WHO WERE FOUND| ||ELIGIBLE FOR APPEARING IN THE INTERVIEW WITH| ||RESPECT TO THE POST OF OFFICE ASSISTANT.| |EXT.P8.|TRUE COPY OF THE STATEMENT CONTAINING THE| ||MARKS SECURED BY EACH OF THE 20 CANDIDATES,| ||IN THE WRITTEN TEST AND INTERVIEW.| |EXT.P9.|TRUE COPY OF THE LETTER| ||NO.3(1)ESTT2/2013/JNTBGRI DATED 1/4/2013 OF| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 24 ||THE 2ND RESPONDENT ADDRESSED TO THE 1ST| |---|---| ||PETITIONER| |EXT.P10.|TRUE COPY OF THE LETTER| ||NO.3(3)ESTT2/2013/JNTBGRI DATED 1/4/2013 OF| ||THE 2ND RESPONDENT ADDRESSED TO THE 2ND| ||PETITIONER| |EXT.P11.|TRUE COPY OF THE LETTER| ||NO.3(5)ESTT2/2013/JNTBGRI DATED 1/4/2013 OF| ||THE 2ND RESPONDENT ADDRESSED TO THE 3RD| ||PETITIONER| |EXT.P12.|TRUE COPY OF THE LETTER| ||NO.3(2)ESTT2/2013/JNTBGRI DATED 1/4/2013 OF| ||THE 2ND RESPONDENT ADDRESSED TO THE 4TH| ||PETITIONER| |EXT.P13.|TRUE COPY OF THE LETTER| ||NO.3(4)ESTT2/2013/JNTBGRI DATED 1/4/2013 OF| ||THE 2ND RESPONDENT ADDRESSED TO THE 5TH| ||PETITIONER| |EXT.P14.|TRUE COPY OF THE LETTER| ||NO.3(6)ESTT2/2013/JNTBGRI DATED 1/4/2013 OF| ||THE 2ND RESPONDENT ADDRESSED TO THE 6TH| ||PETITIONER| |EXT.P15.|TRUE COPY OF THE ORDER| ||NO.3(3)ESTT2/2014/JNTBGRI DATED 1/4/2014 OF| ||THE 2ND RESPONDENT .| |EXT.P16.|TRUE COPY OF THE ORDER| ||NO.JNTBGRI/DR/239/2014 DATED 7/7/2014 OF THE| ||2ND RESPONDENT .| |EXT.P17.|TRUE COPY OF THE ORDER| ||NO.297/ESTT.3/2015/JNTBGRI DATED 6/1/2015 OF| ||THE 2ND RESPONDENT .| |EXT.P18.|TRUE COPY OF THE ORDER| ||NO.297/ESTT.3/2015/JNTBGRI DATED 2/7/2015 OF| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 25 THE 2ND RESPONDENT . |EXT.P19.|TRUE COPY OF THE G.O.(MS) NO.10/2015/S & TD| |---|---| ||DATED 5/11/2015.| |EXT.P20.|TRUE COPY OF THE REPRESENTATION SUBMITTED BY| ||THE PETITIONERS IN THE FIRST WEEK OF| ||NOVEMNER 2015 BEFORE THE HONOURBALE CHIEF| ||MINISTER, WHO IS ALSO THE PRESIDENT OF THE| ||2ND RESPONDENT INSTITUTE.| |EXT.P21.|TRUE COPY OF THE LETTER DATED 9/11/2015| ||ISSUED BY THE 3RD RESPONDENT TO THE| ||HONOURABLE CHIEF MINISTER| |EXT.P22.|TRUE COPY OF THE LETTER| ||NO.3414/C2/2015/KSCSTE DATED 29/2/2016 OF| ||THE 3RD RESPONDENT| |EXT.P23.|TRUE COPY OF ORDER| ||NO.JNTBGRI/ESTT.3/503/2016 DATED 29/2/2016| ||OF THE 3RD RESPONDENT| |EXT.P24.|TRUE COPY OF ORDER| ||NO.JNTBGRI/ESTT.3/503/2016 DATED 29/2/2016| ||OF THE 3RD RESPONDENT| |EXT.P25.|TRUE COPY OF ORDER| ||NO.JNTBGRI/ESTT.3/503/2016 DATED 2/3/2016 OF| ||THE 3RD RESPONDENT| |EXT.P26.|TRUE COPY OF THE LETTER| ||NO.3414/C2/2015/KSCSTE DATED 4/4/2016 OF THE| ||MEMBER SECRETARY, KSCSTE, ADDRESSED TO THE| ||3RD RESPONDENT| |EXT.P27.|TRUE COPY OF THE LETTER| ||NO.JNTBGRI/DR/148/2016 DATED 13/4/2016 OF| ||THE 3RD RESPONDENT| |EXT.P28.|TRUE COPY OF THE ORDER NO.A1/207/06 DATED| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 26 14/8/2006 OF THE 2ND RESPONDENT EXT.P29. TRUE COPY OF THE ORDER NO.TBGRI/ESTT.2/150/2010 DATED 17/12/2010 OF THE 2ND RESPODNENT EXT.P30. TRUE COPY OF THE LETTER DATED 21/11/2015 OF SRI.S.V.SATHEESH KUMAR, ADDRESSED TO THE PUBLIC INFORMATION OFFICER, JNTBGRI. EXT.P31. TRUE COPY OF THE LETTER NO.25/AIO/2015/JNTBGRI DATED 7/12/2015 OF THE SATE PUBLIC INFORMATION OFFICER, (ADMINISTRATION) AND REGISTRAR OF JNTBGRI. EXT.P32. TRUE COPY OF THE LETTER DATED 15/4/2016 SUBMITTED BY ONE SAJIKUMAR S., BEFORE THE PUBLIC INFORMATION OFFICER, ATTACHED TO THE 2ND RESPONDENT EXT.P33. TRUE COPY OF THE LETTER NO.39/AIO/2016 JNTBGRI OF THE PUBLIC INFORMATION OFFICER, ATTACHED TO THE 2ND RESPONDENT TO SAJIKUMAR S. EXT.P34. TRUE COPY OF THE LETTER NO.3197/C/2/2016/KSCSTE DATED 1/12/2015 OF THE CONTROLLER OF ADMINISTRATION, KSCSTE ISSUED TO THE 3RD RESPONDENT. EXT.P35. TRUE COPY OF THE LETTER DATED 18/12/2015 OF THE 3RD RESPONDENT EXT.P36. TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE OF KSCSTE HELD ON 26/9/2016. EXT. P63. TRUE COPY OF THE G.O.(MS)NO.06/2017/S&TD DATED 17.10.2017 EXT. P64. TRUE COPY OF THE ORDER NO.610/C1/2016/KSCSTE DATED 27.10.2017 OF THE 5TH RESPONDENT WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 27 |EXHIBIT|P65.|TRUE COPY OF THE G.O.(P) NO.129/09/FIN DATED| |---|---|---| |||01.04.2009.| |EXHIBIT|P66.|TRUE COPY OF THE ORDER NO.6/2012/KSCSTE| |||DATED 12.04.2012 OF THE 5TH RESPONDENT.| |EXHIBIT|P67.|TRUE COPY OF THE ORDER| |||NO.5403/ESTT.2/2017/JNTBGRI DATED 16.01.2018| |||OF THE 2ND RESPONDENT.| |Exhibit|P 68|TRUE COPY OF THE JUDGEMENT DATED 17.10.2019| |||IN CIVIL APPEAL NO. 7869/2019 OF HE HONBLE| |||SUPREME COURT.| |Exhibit|P69|TRUE COPY OF THE APPLICATION DATED| |||05.12.2019 SUBMITTED BY ONE SRI.M.ANIL| |||KUMAR, TO THE STATE PUBLIC INFORMATION| |||OFFICER, SCIENCE AND TECHNOLOGY DEPARTMENT,| |||UNDER THE RIGHT TO INFORMATION ACT.| |Exhibit|70|TRUE COPY OF THE LETTER NO.A2/196/2019-S&TD| |||DATED 07.12.2019 OF THE UNDER SECRETARY TO| |||GOVERNMENT AND STATE PUBLIC INFORMATION| |||OFFICER TO SRI. ANIL KUMAR.| |Exhibit|P71|TRUE COPY OF THE LETTER 2852/2019-C1 DATED| |||20.12.2019 OF THE STATE PUBLIC STATE| |||INFORMATION OFFICER,KERALA STATE COUNCIL FOR| |||SCIENCE TECHNOLOGY AND ENVIRONMENT.| |Exhibit|P72|TRUE COPY OF THE LETTER DATED| |||NO.TBGRI/37/2020-ESTT-1 DATED 07.01.2020 OF| |||THE ASSISTANT PUBLIC INFORMATION OFFICER,| |||JAWAHARLAL NEHRU TROPICAL & BOTANICAL GARDEN| |||RESEARCH INSTITUTE, TO SRI.ANIL KUMAR.| |Exhibit|P73|TRUE COPY OF THE LETTER NO.A1/167/2019-S&TD| |||DATED 13.07.2020 OF THE EX-OFFICIO PRINCIPAL| |||SECRETARY TO GOVERNMENT, ADDRESSED TO THE| |||RESPONDENTS 3 AND 4.| |Exhibit|P74|TRUE COPY OF THE JUDGMENT DATED 22.07.2020| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 28 OF THIS HON'BLE COURT IN W.PC.NO. 13183/2020. Exhibit P75 TRUE COPY OF THE LETTER NO. TBGRI/1576/2020/ESTT.1 DATED 21.10.2020 OF THE 3RD RESPONDENT. Exhibit P76 TRUE COPY OF THE G.O.(P) NO. 76/2002/STED DATED 06.11.2002. RESPONDENT'S EXHIBITS Exhibit R2 A TRUE COPY OF THE RESOLUTION PASSED BY THE GOVERNING BODY OF TBGRI ON 14.01.2003. Exhibit R2 B TRUE COPY OF THE RESOLUTION PASSED BY THE SECOND SPECIAL MEETING BY THE GOVERNING BODY OF TBGRI ON 22.02.2003. WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 29 ## **APPENDIX OF WP(C) 38073/2016** PETITIONER EXHIBITS |EXHIBIT P1|THE PHOTOCOPY OF THE ORDER OF THE 1ST| |---|---| ||RESPONDENT COUNCIL (M) NO 219/2010/LSCSTE| ||DATED 17-12-2010| |EXHIBIT P2|THE PHOTOCOPY OF THE ORDER NO TBGRI/ESTT-| ||2/150/2010 DATED 17-12-2010 ISSUED BY THE| ||3RD RESPONDENT.| |EXHIBIT P3|THE PHOTOCOPY OF THE ORDER NO| ||JNTBGRI.ESTT.2/215/11 DATED 12-01-2012| ||ISSUED BY THE 2ND RESPONDENT.| |EXHIBIT P4|THE PHOTOCOPY OF THE ORDER NO| ||JNTBGRI/ESTT.2/03/11 DATED 12-01-2012 ISSUED| ||BY THE 2ND RESPONDENT.| |EXHIBIT P5|THE PHOTOCOPY OF THE ORDER NO| ||JNTBGRI/ESTT.2/06/11 DATED 12-01-2012 ISSUED| ||BY THE 2ND RESPONDENT.| |EXHIBIT P6|THE PHOTOCOPY OF THE ORDER NO| ||JNTBGRI/ESTT.2/05/11 DATED 12-01-2012 ISSUED| ||BY THE 2ND RESPONDENT.| |EXHIBIT P7|THE PHOTOCOPY OF THE ORDER NO| ||JNTBGRI/ESTT.2/04/11 DATED 12-01-2012 ISSUED| ||BY THE 2ND RESPONDENT.| |EXHIBIT P8|THE PHOTOCOPY OF THE MINUTES OF THE 11TH| ||ANNUAL GENERAL MEETING OF THE 1ST| ||RESPONDENT.| |EXHIBIT P9|THE PHOTOCOPY OF THE ORDER COUNCIL (M) ORDER| ||NO 175/2016/KSCSTE DATED 16-11-2016 ISSUED| ||BY THE 1ST RESPONDENT.| WP(C) Nos.23709/2016, 33272/2016, 33653/2016, 38073/2016 30 EXHIBIT P10 THE PHOTOCOPY OF THE PROPOSAL FOR REGULARIZATION OF THE PETITIONERS' APPOINTMENTS IN JNTBGRI NOTBGRI/DR/290/09 DATED 26/10/2009 ISSUED BY THE 2ND RESPODNENT TO THE 1ST RESPODNENT EXHIBIT P11 THE PHOTOCOPY OF THE MINUTES OF THE 46TH MEETING OF THE 1ST RESPONDENT HELD ON 4/1/2017