OP (CAT) Nos.156/2015, 183/2015, 31/2016 and 68/2017; Fathima Farsana Beegum; M P M Abdu Rahman; Faiza Hussainath CG; Noushad Ali K.S.; Thahira P. v Union of India and Lakshadweep Administration

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** # **WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941** ## **OP (CAT).No.156 OF 2015(Z)** **ORDER IN OA 1203/2013 DATED 31-08-2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** **PETITIONER/S:** **FATHIMA FARSANA BEEGUM, AGED 25 YEARS D/O.CHERIYA KOYA, CHAMMAYATH CHERIYANNAL HOUSE,ANDROTH ISLAND, U.T. OF LAKSHADWEEP.** **BY ADVS. SRI.T.SETHUMADHAVAN (SR.) SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH SMT.VANDANA MENON** ## **RESPONDENT/S:** - **1 UNION OF INDIA, REPRESENTED BY DIRECTOR, DEPARTMENT OF WOMENAND CHILD DEVELOPMENT U.T.OF LAKSHADWEEP,KAVARATTI 682 555.** - **2 THE ADMINISTRATOR U.T. OF LAKSHADWEEP, KAVARATTI - 682 555.** - **3 SECRETARY, WOMEN AND CHILD WELFARE DEPARTMENT OF SOCIALWELFARE, U.T. OF LAKSHADWEEP, KAVARATTI682 555.** **R1-3 BY ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LA** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 13-112019, ALONG WITH OP (CAT).183/2015(Z), OP (CAT).31/2016(Z), OP (CAT).68/2017(Z), THE COURT ON 1311-2019 DELIVERED THE FOLLOWING:** O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941** ## **OP (CAT).No.183 OF 2015** **THE ORDER IN OA 2/2014 DATED 31-08-2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER/S:** **1 M P M ABDU RAHMAN AGED 35 YEARS** **S/O. SAYED BILUTHATH, MATHARAPPURA ANDROTT ISLAND, UT OF LAKSHADWEEP, NOW RESIDING AT KAVARATTI ISLAND AND WORKING AS TRAINING ASSISTANT, ADMINISTRATIVE TRAINING INSTITUTE.** **2 FAIZA HUSSAINATH C.G. AGED 33 YEARS** **D/O. SAID MOHAMMED KOYA, CHEMMANGATH, KALPENI ISLAND, UT OF LAKSHADWEEP NOW RESIDING AT KAVARATTI ISLAND AND WORKING AS TRAINING ASSISTANT, ADMINISTRATIVE TRAINING INSTITUTE.** **BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF SMT.RAAGA R.RAMALAKSHMI SRI.K.J.SHARATH KUMAR** -3- O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 ## **RESPONDENT/S:** - **1 UNION TERRITORY OF LAKSHADWEEP KAVARATTI-682 555, REPRESENTED BY ITS ADMINISTRATOR.** - **2 THE SECRETARY DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, UT OF LAKSHADWEEP,KAVARATTI-682 555.** - **3 THE DIRECTOR DEPARTMENT OF WOMEN & CHILD DEVELOPMENT, GOVT.PRESS ANNEX BUILDING, M.G.ROAD, UT OF LAKSHADWEEP, KAVARATHI-682 555.** - **4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES UT OF LAKSHADWEEP, KAVARATHI-682 555.** **R1-4 BY ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LA** ## **OTHER PRESENT:** **SMT.MOLTY MAJEED** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 13-112019, ALONG WITH OP (CAT).156/2015(Z), OP (CAT).31/2016(Z), OP (CAT).68/2017(Z), THE COURT ON 1311-2019 DELIVERED THE FOLLOWING:** O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -4- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941** ## **OP (CAT).No.31 OF 2016** **THE ORDERIN OA 1033/2013 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 31.8.2015** ## **PETITIONER/S:** **NOUSHAD ALI K.S. AGED 32 YEARS S/O. U.SABJAN, KEELA SARAMMAPADA HOUSE, AGATTI ISLAND, UT OF LAKSHADWEEP.** **BY ADVS. SRI.M.P.KRISHNAN NAIR SRI.R.SUDHIR** ## **RESPONDENT/S:** - **1 THE ADMINISTRATOR , U.T. OF LAKSHADWEEP UNION TERRITORY OF LAKSHADWEEP, KAVARATTI - 682 555.** **2 THE SECRETARY WOMEN AND CHILD DEVELOPMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, ADMINISTRATION OF THE UT OF LAKSHADWEEP, KAVARATTI - 682 555.** - **3 THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,** -5- O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 **ADMINISTRATION OF THE UT OF LAKSHADWEEP, KAVARATTI - 682 555.** **4 SMT.P.ATTABI W/O. K.P.SAMAD SAHIB, WORKING AS LADY SOCIAL WELFARE ORGANIZER, OFFICE OF THE WOMEN AND CHILD DEVELOPMENT UNIT, AGATTI ISLAND, UT OF LAKSHADWEEP - 682 553.** - **5 THE LADY SOCIAL WELFARE ORGANIZER OFFICE OF THE WOMEN AND CHILD DEVELOPMENT UNIT, AGATTI ISLAND, UT OF LAKSHADWEEP - 682 553.** **R1-3 BY SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LA** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 13-112019, ALONG WITH OP (CAT).156/2015(Z), OP (CAT).183/2015(Z), OP (CAT).68/2017(Z), THE COURT ON 1311-2019 DELIVERED THE FOLLOWING:** O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -6- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941** ## **OP (CAT).No.68 OF 2017** **THE ORDER IN OA 1222/2013 DATED 31-08-2016 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** **PETITIONER/S:** **THAHIRA P., D/O.A BDULKHADERPANDARAM HOUSE,AMINI ISLAND 682 552U.T OF LAKSHADWEEP BY ADVS. SRI.SAIBY JOSE KIDANGOOR SRI.MATHEWS RAJU SRI.P.M.MOHAMMED SALIH SMT.S.SIBHA** ## **RESPONDENT/S:** - **1 THE ADMINISTRATOR UT OF LAKSHADWEEPKAVARATTI ISLAND 682 555** - **2 THE DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT GOVERNMENT PRESS ANNEX BUILDINGMG ROAD, KAVARATTI ISLAND, REPRESENTED BY ITS DIRECTORU.T OF LAKSHADWEEP 682 555** **R1-2 BY SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LA** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 13-11-2019, ALONG WITH OP (CAT).156/2015(Z), OP (CAT).183/2015(Z), OP (CAT).31/2016(Z), THE COURT ON 13-11-2019 DELIVERED THE FOLLOWING:** O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -7- ## **JUDGMENT** O.P.(CAT) Nos.156 &183 of 2015, 31 of 2016 and 68 of 2017 Dated this the 13[th] day of November 2019 ## **K.VINOD CHANDRAN, J.** A classic case where litigation, initiated by persons un-qualified as per the notification, has prevented the administration from carrying out appointments to the post of Child Development Project Officer ('CDPO' for short) for more than six years. The ground on which the challenge was raised before the Tribunal was of the administrator having made a relaxation in the original notification in violation of the clear Recruitment Rules; which we find was, in fact in favour of all the petitioners herein. The Tribunal had rejected their contentions and the petitioners are before us challenging the order of the Tribunal. O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -8- 2. We first notice the Recruitment Rules produced in O.P.(CAT) No.31 of 2016 as Annexure A1. For the post of CDPO, the essential and desirable qualifications are as hereunder: ## _“_ _**Essential:**_ _1) Degree in anyone of the Social Science subject namely Sociology, Child Welfare, Social Work, Economics, Anthropology, Home Science, Nutrition or any allied field of a recognised University._ _2) One year experience in Child Welfare Programme, Social Work preferably in a Social Welfare Institution/ICDS recognised by Government._ _**Desirable** : *Postgraduate Diploma/Degree in Social Work etc. Knowledge of local languages/dialects of Lakshadweep Islands to a minimum SSLC level.”_ 3. The Rules also provide for power to relax in the event of necessity or expediency by an order in writing. The provision for such relaxation is confined to any class or category of persons as distinguished from individuals. The power has been conferred on the Administrator who himself has brought out the Recruitment Rules. But, however, does O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -9- not permit any relaxation of Rule 4 which deals with disqualifications as such. 4. Sri. R.Sudhir, learned Counsel appearing in O.P. (CAT) No.31 of 2016 specifically took up a contention that the relaxation cannot apply to the essential qualifications. We are however unable to restrict the power to relax as found in Rule 5 which permits such relaxation of any of the provisions of the Rules, so far as such relaxation is made to any class or category of persons. In the instant case, the relaxation was made of the experience provided as an essential qualification in the Rules applicable to all who apply for the post of CDPO, for reason of none who applied having such qualification. 5. With this interpretation in mind, we have to look at the specific contention raised by the petitioners. We O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -10- notice the first notification from O.P.(CAT) No.183 of 2015 which is produced as Annexure A1 dated 20.6.2012. This provided for the essential qualifications as in the Recruitment Rules. A checklist is also said to have been published, the full text of which is produced in that O.A as Annexure A6. It is after the checklist that there was a further notification at Annexure A16 dated 28.11.2013, wherein it is seen that the essential qualification does not provide for any experience in Child Welfare or Social Welfare Programmes. 6. The learned CGC, Sri.S.Manu argues that in fact the relaxation was made to enable even the petitioners to apply, who did not have the essential experience as required under the initial notification. It is also seen from the employment notice at Annexure A16 that the relaxation was made since “none of the candidates are qualified due to inadequate -11- O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 experience prescribed in the Recruitment Rules of CDPO”. Considering the specific contention raised by the learned CGC, we looked at each of the petitioners' experience. 7. O.P.(KAT) No.31 of 2016 is with respect to a person who has appeared as Serial No.30 in the checklist. His experience certificate is produced as Annexure A10 along with the original application. The certificate has been issued by the Lady Social Welfare Organiser, Agatti Unit, who certified that the applicant was working as a Data Entry Operator/L.D.C from the year 21.01.2010 to till date. An additional recital is made as to him having participated actively in social welfare activities co-operating with social welfare activities operating with social welfare department of this Administration. This falls short of the essential experience required by the rules. O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -12- 8. In O.P.(CAT) 183 of 2015, the two applicants produced certificates as seen from Annexures A4 and A5 produced in their O.As. They certify the first applicant having worked as a Co-operative Education Instructor and the second applicant as a Lady Mobilizer. The learned Counsel Smt.Molty Majeed has referred again to the further certificates issued by the very same officer at Annexure A14 and 15. Therein, it has been further certified that both the applicants were involved in activities connected with Cooperative Development, Women and Child Welfare and Social Development; none of which, according to us, qualify as the essential experience as per the Rules. 9. The learned Counsel has a further contention, based on the Office Note produced as Annexure A12, which is specifically pointed out from Page 44 that the objections O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -13- filed by the applicants were considered and favourably allowed. It is pointed out that the applicants figure in the checklist as 91 and 92. In the checklist, in the remarks column, it was noticed that they did not satisfy the experience. However, as submitted by the learned counsel, we see from Page 44 of the Office Note that the Administration had considered their objections and noticed that the experience could be considered as coming within the notification and they could be treated as qualified. We are not bound by such opinion expressed by the Administration and have to go by what was initially prescribed in the first notification as was available in the recruitment rules. Also the Administration at its higher echelons had later found that none of the applicants qualify in the matter of experience; and hence the relaxation. O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -14- 10. In O.P.(CAT) 68 of 2017, the applicant's experience certificate is produced at Annexure A4. The Chief Executive Officer of the District Panchayat, UT of Lakshadweep has certified that the applicant is working under the District Panchayat with effect from the forenoon of 15.6.2011 and has completed one year service as Social Education Organizer. It is not clear as to whether it was under a programme or the appointment was appointed to a post or an a temporary or a regular measure. In any event this certificate definitely required further verification at the hands of the Administration, as to whether it qualifies as the specific experience provided. The Administration found, eventually, in the negative. The applicant in this original petition appears at 25 in the checklist. 11. With respect to O.P.(CAT) No.156 of 2015, we see O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -15- that the certificate is Annexure A2 which speaks of the experience in voluntary social welfare activities in the year 2006-2007, when the applicant admittedly was a minor. The essential qualification of Graduation as seen from Annexure A2 was also one subsequently obtained in the year 2012. The applicant in this original petition appears at serial No.86 in the checklist. 12. Having gone through the individual certificates produced, we are of the opinion that none can satisfy the experience as provided for in the Rules, which we extracted hereinabove. The view of the Administration too was that none satisfied the experience criteria strictly and hence the relaxation applied by the Administrator upon which a fresh notification was also published. We cannot, but, observe that in fact the relaxation was made to favour these petitioners O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -16- and the other persons who applied. The fresh notification was necessitated to enable all who did not have the experience to apply. Otherwise a relaxation confined to the applicants under the first notification would have been set aside for reason of the persons appointed being not persons who have the essential qualification as per the notification itself, _**(Bank of India, Kochi v. Aarya K.Babu [(2019) 8 SCC 587])**_ . Hence, after the relaxation, it was required that there be a further notification under which all persons who do not have the experience, but have the essential qualification can apply. 13. Sri. Sudhir persists placing reliance on the decision of a Division Bench produced as Annexure A26, in O.P. (CAT) No. 1351 of 2011 dated 26.06.2013. The Division Bench was dealing with a challenge to a selection made O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -17- where there was a relaxation attempted, by the Administration as distinguished from the Administrator. Here we see that the Administrator's order is specifically referred to in the second notification which was published as per the relaxation. On such relaxation being applied the earlier selection was shelved and a new notification brought out enabling all who have the essential qualification sans the experience to apply. We also see from the file noting produced in O.P (KAT) No. 183 of 2015 that there was a proposal to re-notify which has been approved, obviously by the Administrator as specified in the re-notification. The decision cited has no application to the facts here. 14. The applicants sought relaxation of age when a renotification is now made. We are unable to agree to that since the selection was stalled in all these years because of O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -18- their action in challenging a relaxation which also inured in their favour. We decline such We leave the prayer. administration to decide on the fresh selection to be now conducted. We, hence, find no reason to interfere with the orders of the Tribunal and dismiss the original petitions. No order as to costs. **Sd/K.VINOD CHANDRAN JUDGE** **Sd/-** **V.G.ARUN** **JUDGE** Scl/13.11 x O.P.(CAT) Nos.156 &183/15, 31/16 and 68 of 2017 -19- ## **APPENDIX OF OP (CAT) 156/2015** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF O.A 1203/2013 WITHOUT ANNEXURES** **ANNEXURE A7 TRUE COPY OF THE NOTIFICATION F.NO.2/2/2009-W&CD(1) DATED 28/11/2013. ANNEXURE A8 TRUE COPY OF THE NOTIFICATION F.NO.2/2/2009-W&CD(2) DATED 28/11/2013. ANNEXURE A1 TRUE COPY OF EMPLOYMENT NOTICE DATED 20/06/2012 ISSUED BY 1ST RESPONDENT. ANNEXURE A2 TRUE COPY OF DEGREE CERTIFICATE AND THE DIPLOMA CERTIFICATE. ANNEXURE A3 TRUE COPY OF THE CHECK LIST NOTIFICATION DATED 05/10/2012. ANNEXURE A4 TRUE COPY OF REPRESENTATION DATED 10/06/2013 SUBMITTED BY APPLICANT'S FATHER BEFORE 2ND RESPONDENT. ANNEXURE A5 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE CHIEF VIGILANCE OFFICER, SECRETARIAT, KAVARATTI TO THE FATHER OF THE APPLICANT DATED 09/07/2013. ANNEXURE A6 TRUE COPY OF REPLY DATED 31/07/13 SUBMITTED BY APPLICANT'S FATHER TO SHOW CAUSE NOTICE ISSUED BY R4. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A NO.1203/2014 DATED 3.3.2014 EXHIBIT P3 TRUE COPY OF ORDER DT.31.8.2015 IN OA 1203/13 ON THE FILE OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.** ## **APPENDIX OF OP (CAT) 183/2015** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A COPY OF THE ORIGINAL APPLICATION WITH THE ANNEXURES.** **ANNEXURE A12 A PHOTOCOPY OF THE PARA 239 OF THE OFFICE NOTE AND FILE CONNECTED WITH THE RECRUITMENT OF CHILD DEVELOPMENT PROJECT OFFICERS. ANNEXURE A16 A PHOTOCOPY OF THE FRESH EMPLOYMENT NOTICE DATED 28/11/2013 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A1 A PHOTOCOPY OF THE EMPLOYMENT NOTICE NO.F NO.2/2/2009-WCD DATED 20/06/2012 ISSUED BY THE 3RD RESPONDENT.** **ANNEXURE A2 A PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 1ST APPLICANT ALONG WITH THE REQUISITE DOCUMENTS DATED 19/07/2012. ANNEXURE A3 A PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 2ND APPLICANT ALONG WITH THE REQUISITE DOCUMENTS DATED 19/07/2012. ANNEXURE A4 A PHOTOCOPY OF THE EXPERIENCE CERTIFICATE DATED 16/10/2006 ISSUED BY THE 4TH RESPONDENT TO THE 1ST APPLICANT. ANNEXURE A5 A PHOTOCOPY OF THE EXPERIENCE CERTIFICATE DATED 16/10/2006 ISSUED BY THE 4TH RESPONDENT TO THE 2ND APPLICANT. ANNEXURE A6 A PHOTOCOPY OF THE NOTIFICATION DATED 05/108/2012 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A7 A PHOTOCOPY OF THE OBJECTION DATED 17/10/2012 SUBMITTED BY THE 1ST APPLICANT TO THE 3RD RESPONDENT. ANNEXURE A8 A PHOTOCOPY OF THE OBJECTION DATED 18/10/2012 SUBMITTED BY THE 2ND APPLICANT TO THE 3RD RESPONDENT. ANNEXURE A9 A PHOTOCOPY OF THE CHECKLIST PUBLISHED BY THE 3RD RESPONDENT. ANNEXURE A10 PHOTOCOPIES OF THE DOCUMENTS EVIDENCING THE INELIGIBILITY OF THE SHORTLISTED CANDIDATES FOR RECRUITMENT TO THE POST NOTIFIED IN ANNEXURE A1.** **ANNEXURE A11 A PHOTOCOPY OF THE REPRESENTATION DATED 01/04/2013 SUBMITTED BY THE 1ST APPLICANT TO THE 2ND RESPONDENT.** **ANNEXURE A13 A PHOTOCOPY OF THE MINUTES OF THE MEETING OF THE SCRUITINIZING COMMITTEE ON 04/04/2013. ANNEXURE A14 PHOTOCOPIES OF THE EXPERIENCES CERTIFICATE DATED 15/10/2013 OF THE APPLICANT ISSUED BY THE 4TH RESPONDENT. ANNEXURE A15 PHOTOCOPIES OF THE EXPERIENCE CERTIFICATE DATED 15/10/2013 OF THE APPLICANT ISSUED BY THE 4TH RESPONDENT.** **EXHIBIT P2 A COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 1 TO 4 DTD.9.2.2015. EXHIBIT P3 A COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 1 TO 4 DTD.6.6.2015. EXHIBIT P4 A COPY OF THE ORDER DTD.31.8.2015 IN OA NO.2/2014 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, DTD.31.8.2015.** ## **APPENDIX OF OP (CAT) 31/2016** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 P1 - TRUE COPY OF THE OA NO. 1033/2013 FILED BY THE PETITIONER BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.** - **ANNEXURE A19 TRUE COPY OF THE LETTER DATED 13/06/2013 ISSUED BY THE 5TH RESPONDENT.** - **ANNEXURE A1 TRUE COPY OF THE NOTIFICATION DATED 18/06/2011 ISSUED BY THE 2ND RESPONDENT.** - **ANNEXURE A2 TRUE COPY OF THE EMPLOYMENT NOTICE DATED 20/06/2012 ISSUED BY THE 3RD RESPONDENT.** - **ANNEXURE A3 TRUE COPY OF THE EXTRACT OF NOTIFICATION F.NO.2/2/2009-W&CD DATED 05/10/2012 WITH CHECK LIST PUBLISHED BY THE 3RD RESPONDENT.** - **ANNEXURE A4 TRUE COPY OF THE OFFICE ORDER DATED 19/02/2013 ISSUED BY THE 5THR RESPONDENT.** - **ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 10/07/2013 SUBMITTED BY THE LAKSHADWEEP EMPLOYEE PARISHAD CENTRAL COMMITTEE, KAVARATTI.** - **ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 17/07/2013 SUBMITTED BY THE APPLICANT.** - **ANNEXURE A7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED NIL.** - **ANNEXURE A8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 05/03/2009 AND 16/06/2009.** - **ANNEXURE A9 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED NIL.** - **ANNEXURE A10 TRUE COPY OF THE CERTIFICATE DATED 09/07/2012 ISSUED BY THE 5TH RESPONDENT TO THE APPLICANT.** **ANNEXURE A11 TRUE COPY OF THE MESSAGE DATED 03/11/2009 ISSUED BY THE DIRECTOR, WOMEN AND CHILD DEVELOPMENT.** - **ANNEXURE A12 TRUE COPY OF THE LETTER DATED 03/12/2009 ISSUED BY THE 5TH RESPONDENT TO THE CHAIRPERSON, VILLAGE DWEEP PANCHAYAT.** - **ANNEXURE A13 TRUE COPY OF THE LETTER DATED 18/01/2010 ISSUED BY THE CHAIRPERSON TO THE 5TH RESPONDENT.** - **ANNEXURE A14 TRUE COPY OF THE LETTER DATED 16/01/2012 ISSUED BY THE BLOCK DEVELOPMENT OFFICER, AGATTI.** - **ANNEXURE A15 TRUE COPY OF THE OFFICE MEMORANDUM DATED 30/11/2012 ISSUED BY THE DIRECTOR, WOMEN AND CHILD DEVELOPMENT.** - **ANNEXURE A16 TRUE COPY OF THE LETTER DATED 03/07/2007 SUBMITTED BY THE SECRETARY, NETHAJI SPORTS CLUB TO THE EDITOR, LAKSHADWEEP TIMES.** - **ANNEXURE A17 TRUE COPY OF THE MUSTER ROLL FOR THE MONTH OF SEPTEMBER 2011.** - **ANNEXURE A18 TRUE COPY OF THE ATTENDANCE ROLL FOR THE MONTH OF JULY, 2011.** - **ANNEXURE A20 TRUE COPY OF THE APPLICATION DATED 04/07/2013 SUBMITTED BY THE APPLICANT UNDER RTI ACT.** - **ANNEXURE A21 TRUE COPY OF THE LETTER DATED 01/08/2013 ISSUED BY THE 5TH RESPONDENT.** - **ANNEXURE A22 TRUE COPIES OF THE CERTIFICATES ISSUED TO VARIOUS PERSONS BY VARIOUS HEAD OF SECTIONS/UNITS IN AGATTI.** - **ANNEXURE A23 TRUE COPY OF THE ORDER DATED 03/07/2013 IN OA NO.601/2013 AND CONNECTED CASES.** - **EXHIBIT P2 TRUE COPY OF THE MA NO.1302/13 IN O.A NO.1033/2013 FILED BY THE PETITIONER ON 2.12.2013** - **ANNEXURE A24 TRUE COPY OF THE LETTER DATED 14/11/2013 ALONG WITH NOTE FILE.** - **ANNEXURE A25 TRUE COPY OF THE EMPLOYMENT NOTICE DATED 28/11/2013 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P3 P3 - TRUE COPY OF THE PRELIMINARY STATEMENT FILED BY THE RESPONDENTS 1,2,3 AND 5.** - **EXHIBIT P4 P4 - TRUE COPY OF THE REJOINDER FILED BY THE PETITION TO THE SAID PRELIMINARY STATEMENT.** - **EXHIBIT P5 P5 - TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENT 1,2,3 AND 5.** - **ANNEXURE R1(B) TRUE COPY OF THE COMMUNICATION F.NO.46/4/2013 DATED 03/06/2013.** - **ANNEXURE R1(C) TRUE COPY OF THE LETTER DATED 28/05/2013 ISSUED BY THE SOCIAL WELFARE ORGANIZER.** - **ANNEXURE R1(D) TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTE FILE DATED 30/05/2013.** - **EXHIBIT P6 P6 - TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO THE SAID ADDITIONAL REPLY.** - **ANNEXURE A26 TRUE COPY OF THE JUDGMENT DATED 26/06/2013 IN OP(CAT) NO.1351/2011 OF THE HON'BLE HIGH COURT.** - **EXHIBIT P7 P7 - TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT.** - **EXHIBIT P8 P8 - TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO THE SAID REPLY STATEMENT.** - **EXHIBIT P9 P9 - TRUE COPY OF THE ORDER DT. 31.8.2015 IN OA NO. 1033/2013 (COMMON ORDE DT. 31.8.2015 IN OA NO. 1033/13, OA NO. 1203/13, OA NO. 1222/13 AND OA NO. 2/2014) OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.** ## **APPENDIX OF OP (CAT) 68/2017** ## **PETITIONER'S/S EXHIBITS:** ## **EXHIBIT P1** **A TRUE COPY OF OA NO 1222 OF 2013 FILED BY PETITIONER DATED 19-12-2013** **ANNEXURE A1 A TRUE COPY OF THE EMPLOYMENT NOTICE ISSUED BY 2ND RESPONDENT DATED 28.11.2013.** **ANNEXURE A2 A TRUE COPY OF THE EMPLOYMENT NOTICE F NO.2/2/2009-WCD DATED 20.06.12.** - **ANNEXURE A3 A TRUE COPY OF THE DEGREE CERTIFICATE ISSUED TO THE APPLICANT BY CALICUT UNIVERSITY DATED 22.02.2016.** - **ANNEXURE A4 A TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE APPLIANCE BY THE DISTRICT PANCHAYATH DATED 03.07.2012.** - **ANNEXURE A5 A TRUE COPY OF THE CHECK LIST PUBLISHED BY THE 2ND RESPONDENT FOR THE POST OF CHILD DEVELOPMENT PROJECT OFFICER DATED 05.10.12.** **ANNEXURE A6 TRUE COPY OF REPLY DATED 31/07/13 SUBMITTED BY APPLICANT'S FATHER TO SHOW CAUSE NOTICE ISSUED BY R4.** **EXHIBIT P 2 REPLY STATEMENT FILED BY THE RESPONDENTS 1 & 2 DATED 03-03-2014 EXHIBIT P3 TRUE COPY OF THE ORDER OF TRIBUNAL DATED 31-08-2015**