OP(KAT) No. 188 of 2020

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942** ## **OP(KAT).No.188 OF 2020** **AGAINST THE JUDGMENT IN OA(EKM)NO.667/2017 DATED 29-10-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS 3 TO 5, 7 TO 13 & 16 TO 27 IN O.A.:** - **1 REKHA R.S., W/O. P.PADMAKARAN, SANTHI BHAVAN, ANAKOTTOOR P.O., KOTTARAKKARA, KOLLAM-691 505.** - **2 SINIMOL BABY, W/O. TOMY THOMAS, PADINJATTAYATTIL HOUSE, RAJAPURAM, KASARAGOD-671 532.** - **3 SONYMOL BABY, W/O. NISHAD THOMAS, ELUMBAL HOUSE, RAJAPURAM, KALLAR, KASARAGOD-671 532.** - **4 SWAPNA.K., W/O. POOPWSH.K., CHENTHALA HOUSE, CHEEMENI P.O., KASARAGOD-671 313.** - **5 RAJANI .K.T., W/O. RAJESH.K.P., CHENADAN VEETTIL PUNNAKUNNU P.O., PARAPPA, KASARAGOD-671 533.** - **6 BIJUMOL.T., POOVATHINGAL HOUSE, BALAL P.O., PARAPPA, KASARAGOD-671 533.** - **7 NISHA VARGHESE, PLACHEN KUZHIYIL,SANKARANPADY P.O., OTTAMUNGAL, KASARAGOD-671 541.** - **8 CHITRA.T., THEKKYEYDAKKAN HOUSE, KAYAKULAM, PERIYA P.O., PALLIKKARA VIA, KASARAGOD-671 316.** - **9 RAJANI ULLALAM, ULLALATH HOUSE, CHOORIKKOVAL, KODAKKAD P.O., KASARAGOD-671 310.** - **10 SHEENA T.M., MOVILAN VEEDU HOUSE, PUNNAKKUNNU P.O., PARAPPA VIA, KASARAGOD-671 533.** - **11 NISHA M., NILAVU HOUSE, THAIKADAPURAM, NILESWARAM P.O., KASARAGOD-671 314.** - **12 JISHA SURESH.M., W/O.JOSHI .E., MALLANTHODE HOUSE, TEMPLE GATE P.O., THALASSERY, KANNUR-670 102.** - **13 VILASINI P., W/O. ASHOKAN RAGHAVAN, PERIYA BAZAR, PERIYA P.O., PALLIKKARA VIA, KASARAGOD-671 316.** - **14 BEENA P.J., PARAPPURAM HOUSE, WEST ELERI P.O., NILESWAR VIA, KUNNAMKAI, KASARAGOD-671 314.** - **15 RETHI P., THADATHIL HOUSE, HARIPURAM P.O., ANANDASRAM VIA, KASARAGOD-671 531.** - **16 REJI P., ENNAPARA, THAYANNUR P.O., ANANDASRAM VIA,. KASARAGOD-671 531.** - **17 MAYA DEVI PAZHASSERIVEETTIL, ABHIJITH NIVAS, CHEEMENI P.O., CHERUVATHUR VIA, KASARAGOD-671 313.** - **18 AMBIKA V., KOLLAZHIPARAMBIL HOUSE, CHALISSERY P.O., PALAKKAD-679 536.** - **19 OMANA K., W/O. GIREESH K.S., KARUVAKODE HOUSE, PAKKAM P.O., PALLIKKARA VIA, KASARAGOD-671 316.** - **20 BINDU K., KANATHIL HOUSE, BEDADUKKA P.O., CHENGALA VIA, KASARAGOD-671 541.** - **21 BINDUMOL B., W/O. SASIDHARAN PILLAI, KARTHIKA HOUSE, KOTTOOR P.O., MULIYAR VIA, KASARAGOD-671 542.** - **22 THULASI M., BEPU MANIYANGOD HOUSE, IRIYANNI P.O., MULIYAR VIA, KASARAGOD-671 542.** ## **BY ADVS.SRI.P.NANDAKUMAR, SRI.S.ANEESH** **RESPONDENTS/RESPONDENTS & APPLICANTS 1, 2, 6, 14, 15 & 28 IN O.A.:** - **1 THE DIRECTOR OF HEALTH SERVICES, HEALTH DEPARTMENT, GENERAL HOSPITAL JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695 035.** - **2 THE DISTRICT MEDICAL OFFICER (HEALTH), DISTRICT HOSPITAL COMPLEX, CHAMMATTAMVAYAL, KAHHANGAD, KASARAGOD-671 315.** - **3 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695 004.** - **4 THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695 004.** - **5 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD-671121.** - **6 DEEPAMOLE C.S., AGED 43 YEARS, W/O. REJI, THOTTUNKAL, THRIKKODITHANAM P.O., CHANGANACHERRY, KOTTAYAM-686 105.** - **7 SUCHANA VISWAMBHARAN, AGED 42 YEARS, W/O. SANILKUMAR C.V.,ASWATHI, CHAKKALAKKAL, VYTTILA, ERNAKULAM-682 019.** - **8 JAYALAKSHMI P., AGED 43 YEARS, W/O. RAMA NAIK, CHENNYA MOOLE HOUSE, URDOOR P.O., MULLERIA VIA, KASARAGOD-671 543.** - **9 RADHIKA V., AGED 36 YEARS, D/O. VAIRAN, CHIRAKKAL HOUSE, KUTTIKOL P.O., CHENGALA VIA, KASARAGOD-671 541.** - **10 PREETHI THOMAS, AGED 41 YEARS, W/O. BIJU P.MATHEW, PALAKKAMANNIL HOUSE, KOTTAMALA P.O., KASARAGOD-671 314.** - **11 PRASEENA T.K., AGED 37 YEARS, W/O. PRASANTH C.K., CHARUTHA NIVAS, KALLAMCHIRA, HOSDURG, KANHANGAD P.O., KASARAGOD-671 313.** - **12 SHALINI E., AGED 37 YEARS, W/O. ASHOK KUMAR P.K., ACHERY HOUSE, NEAR ACHERY TEMPLE, UDUMA P.O., KASARAGOD-671 319.** - **13 RENUKA K.V., AGED 50 YEARS, W/O. PURUSHOTHAMAN K.V., PRANAVAM, ADUKATHIL, PERIYA P.O., KASARAGOD-671 316.** - **14 ANUPRIYA C., AGED 29 YEARS, W/O. JEEVAN P.G., KUNDADUKAM HOUSE, PERUMBELA P.O., KALANAD VIA, KASARAGOD-671 317.** - **15 ANITHA M., AGED 41 YEARS, W/O. BALAKRISHNAN M., PALAZHI, MANCHAM KOTTENGAL, PERUMBALA P.O., KALANAD VIA, KASARAGOD-671 317.** - **16 MANJULA K., D/O. T.MADHAVAN NAIR, PULIYAKKARA HOUSE, MYLATTI P.O., VIA UDUMA, KASARAGOD-671 319.** - **17 MINI T.V., W/O. SAJITH M., KARAKKERU PO., PILICODE, KASARAGOD-671 310.** - **18 SWAPNA P.J., W/O. BINCY JOSEPH, MUTTATHUKUNNEL HOUSE, CHITTARIKKAKAL, KASARAGOD-671 326.** - **19 PREETHI M., W/O. P.U.VENUGOPALAN, BHAKTHIPURAM, PADINHATTAM, KOZHUVAL, NILESWAR, KASARAGOD-671 314.** - **20 ARADHANA C.M.,** - **D/O.CHANDRAN C., PAYYAMGANAM HOUSE, KUTTIKKOL P.O., CHENGALA VIA, KASARAGOD-671 541.** - **21 ANU K.,** - **W/O. VIJESH.P., PATHANADUKKAM HOUSE, KOTTOOR P.O., MULIYAR VIA, KASARAGOD-671 542.** **SRI.B.VINOD, SENIOR GOVERNMENT PLEADER FOR R1 & R2 SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR R3 TO R5 SRI.V.N.RAMESAN NAMBISAN, ADVOCATE FOR R6 TO R15** **THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 16-02-2021, THE COURT ON 17-02-2021 DELIVERED THE FOLLOWING:** ALEXANDER THOMAS & T.R.RAVI, JJ. ----------------------------------------------------------------------------------- ## O.P.(KAT) No. 188 of 2020 _(arising out of the impugned final order dated 29.10.2019 in O.A. (Ekm) No. 667 of 2017 on the file of the KAT, Ernakulam Bench )_ ----------------------------------------------------------------------------------Dated this the 17[th] day of February, 2021 ## J U D G M E N T The prayers in the afore captioned Original Petition filed under Articles 226 & 227 of the Constitution of India are as follows: _{See page 7 of the paper book of this O.P.(KAT)}_ - _“(i) To call for the records leading to Exhibit P1 order of the Kerala Administrative Tribunal in OA(EKM) No.667 of 2017, set aside the same and allow the OA as prayed for._ - _(ii) To issue such other orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.”_ 2. Heard Sri.P.Nandakumar, learned counsel appearing for the petitioners in the O.P./some of the applicants in the O.A., Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission, appearing for R-3 to R-5, Sri.B.Vinod, learned Senior Government Pleader appearing for R-1 & R-2 and Sri.V.N.Ramesan Nambisan, learned counsel appearing for R-6 to R-15. In the nature of the order proposed to be passed in this petition, notices to contesting respondents 16 to 21 will stand dispensed with. 3. The prayers in Ext.P-2 O.A. (Ekm) No.667/2017 filed by the O.P.(KAT) No. 188/2020 ..6.. petitioners herein before the Kerala Administrative Tribunal, Ernakulam Bench, are as follows: _{See page 68 of the paper book of this O.P.(KAT)}_ - _“(i) Issue appropriate direction to the 2[nd] respondent to assess the vacancies of Junior Public Health Nurses arose after 14.4.2014 and report the said vacancies to the Kerala Public Service Commission without any further delay and further direct the Commission to issue advice memos from Annexure A1 rank list against the said vacancies reported by the 2[nd] respondent from Anx.A1 rank list, and further direct the 2[nd] respondent to effect consequential appointment in accordance with the advice memo at the earliest._ - _(ii) Issue appropriate direction to the 1[st] respondent to consider Anx.A3 representation submitted by the applicants with respect to the illegality and impropriety committed by the department authority in filing the vacancies of Junior Public Health Nurse Grade II in Kasargod District from the earlier rank list and appropriate remedial measures be taken to protect the interest of the PSC hands who are included in Annexure A1 rank list;_ - _(iii) Issue appropriate direction restraining the 1[st] and 2[nd] respondents in filling up the vacancies of Junior Public Health Nurse Grade II in Kasargod District in the vacancies which arose after 14.4.2014 by absorbing /adjusting the incumbents who are now working in the supernumerary capacity._ - _(iv) and further reliefs which this Hon'ble Tribunal deem just and fit in the circumstance of the case.”_ 4. Sri.P.Nandakumar, learned counsel appearing for the petitioners in the O.P. would submit on the basis of instructions that they are not pressing for the main relief sought for in this original petition which is to set aside the impugned Ext.P-1 final order dated 29.10.2019 rendered by the Kerala Administrative Tribunal, Ernakulam Bench, in O.A. (Ekm) No.667/2017 and that the petitioners would only press for directions from this Court that 3 vacancies out of the 60 vacancies provisionally reported by the O.P.(KAT) No. 188/2020 ..7.. appointing authority (District Medical Officer of Health, Kasargod at Kanhangad) to the Kerala Public Service Commission (PSC) as per Anx.R-2(b) vacancy requisition report dated 3.6.2019 may be utilized for advice and appointment from the instant rank list dated 6.6.2016 for the post of Junior Public Health Nurse Grade II (JPHN Gr.II) in Kasargod District inasmuch as, the said vacancies have admittedly been reported by the appointing authority to the PSC before the expiry of said rank list on 19.10.2019, and further that it is also the admitted case of the respondents that the 3 vacancies reported after the expiry of rank list, are substantive vacancies but which have actually arisen before the expiry of rank list. Further that, the petitioners would also seek a direction from this Court that the competent authority of the State Government may take a considered decision on the matters raised by the petitioners in Ext.P-11 representation dated 5.12.2020 in accordance with law. 5. In the light of abovesaid submissions made by the petitioners, we do not to propose in any manner to interfere with the considered reasonings and conclusions reached by the Tribunal in the impugned final order at Ext.P-1 in O.A. (Ekm) No.667/2017. O.P.(KAT) No. 188/2020 ..8.. However, from the admitted pleadings and materials on record it is seen that the Tribunal had passed interim order dated 31.5.2019 in O.A. (Ekm) No.667/2017 whereby the competent appointing authority concerned (DMO (Health), Kasargod at Kanhangad) was directed to report 60 vacancies in the post of JPHN Gr.II in Kasargod District to the respondent District Officer, PSC, Kasargod, on or before 3.6.2019 so as to reach the District Office of PSC atleast by 4 P.M. on 3.6.2019. Further, it is admitted in para 11 of the counter affidavit dated 18.1.2021 filed by the respondent PSC in this O.P. before this Court that, pursuant to said interim order rendered by the Tribunal, 60 vacancies were provisionally reported for the abovesaid post on 3.6.2019 vide letter No.A3-6191/2017 of the DMO (Health), Kasargod at Kanhangad. It is also admitted in para 12 of the statement dated 30.1.2021 filed by the 2[nd] respondent DMO (Health), Kasargod, that pursuant to the directions issued by the Tribunal on 31.5.2019 to report 60 vacancies provisionally in the post of JPHN Gr.II, the DMO (Health) had send Anx.R-2(b) vacancy requisition report dated 3.6.2019 in the prescribed proforma addressed to the District Officer, PSC, Kasargod, reporting 60 vacancies in the post of JPHN O.P.(KAT) No. 188/2020 ..9.. Gr.II in Kasargod District provisionally and in compliance with abovesaid interim order dated 31.5.2019 of the KAT, Ernakulam Bench. 6. It is also admitted in the pleadings contained in paras 14 & 15 of the counter affidavit dated 18.1.2021 filed by respondents 3 to 5 (PSC) that 3 fresh vacancies in the post of JPHN Gr.II in Kasargod District, which arose on 1.8.2019 was subsequently reported by the DMO (Health), Kasargod, to the District Office, PSC, on 28.10.2019, which is after the expiry of rank list. Hence it can be seen from the abovesaid admitted pleadings and materials on record that though 60 vacancies have been provisionally reported by the appointing authority to the PSC well before the expiry of rank list on 19.10.2019, only 3 substantive vacancies in the post of JPHN Gr.II in Kasargod District, have actually arisen (on 1.8.2019, which is before the expiry of rank list on 19.10.2019). 7. Rule 14 of the Kerala Public Service Commission Rules of Procedure reads as follows: > _“14. The Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive in the order of priority, if any, and in the order of merit_ O.P.(KAT) No. 188/2020 ..10.. _subject to the rules of reservation and rotation, wherever they are applicable.”_ 8. It has been held by this Court in a catena of rulings as in the decision of the Division Bench of this Court in _**Balakrishnan v. Public Service Commission [1994 (1) KLT 490]**_ that, in view of the provisions contained in the Kerala PSC Rules of Procedure, more particularly Rule 14 thereof, so long as substantive vacancies have been reported by the appointing authority to the PSC before the expiry of rank list in question, then the PSC is competent to issue advise memos for appointing candidates from the said rank list, even if such advise process is made after the expiry of rank list. However the prime requirements would be, substantive vacancies should have actually arisen before the expiry of rank list and the vacancy requisition report in respect of those vacancies should have been sent by the appointing authority and the same should have been reached the office of the PSC on or before the expiry of rank list. If these conditions are fulfilled then notwithstanding the expiry of rank list, the PSC is empowered under Rule 14 of the Kerala PSC Rules of Procedure to advise candidates from the rank list as against vacancies which O.P.(KAT) No. 188/2020 ..11.. have arisen during the currency of rank list and which have been reported and vacancy requisition report of which has actually been received by the PSC before the expiry of rank list, and such advise process can be effectuated by the PSC even after the expiry of rank list. 9. In the instant case it may also be relevant to note that the instant rank list was finalized with effect from 6.6.2016 and no vacancies were reported by the appointing authority to the PSC within the outer time limit of 3 years from the coming into force of the rank list as envisaged in the operative portion of Rule 13 of the Kerala PSC Rules of Procedure. In view of this aspect, the PSC was disabled from advising any candidates during the 3 year period, and hence the Commission had exercised its powers under the 4[th] proviso to Rule 13 of the Kerala PSC Rules of Procedure so as to extend the validity of rank list for a further period of 1 year therefrom, or till the date of advice of the first candidate from the said rank list, whichever is earlier. It is after the extension of rank list that the appointing authority had voluntarily reported 7 substantive vacancies to the PSC on 17.9.2019, and the Commission had thereafter effectuated the advise process as O.P.(KAT) No. 188/2020 ..12.. against those 7 vacancies by advising 7 candidates from the instant rank list on 19.10.2019 and hence by virtue of the force of the 4[th] proviso to Rule 13 of the Kerala PSC Rules of Procedure, the rank list got cancelled and expired on 19.10.2019. It is prior to the expiry of rank list on 19.10.2019 that the Tribunal had passed abovesaid interim order dated 31.5.2019 directing the appointing authority to report 60 vacancies provisionally and subject to the result of the O.A. and in compliance thereof, the appointing authority had in fact reported 60 vacancies provisionally on 3.6.2019 as per Anx.R-2(b) vacancy requisition report. 10. It is common ground that the abovesaid 60 provisional vacancies covered by Anx.R-2(b) vacancy requisition report dated 3.6.2019 is separate from the vacancy requisition report subsequently sent by the appointing authority on 17.9.2019 in respect of the 7 vacancies for which advise of candidates have already been made by the PSC. Now in view of abovesaid aspects, it is crystal clear that 3 substantive vacancies have actually arisen on 1.8.2019 and those vacancies were formally reported by vacancy requisition report on 28.10.2019, after the expiry of rank list. Hence, we are of the firm view that 3 vacancies out of the O.P.(KAT) No. 188/2020 ..13.. 60 vacancies covered by Anx. R-2(b) vacancy requisition report dated 3.6.2019 could be treated as substantive vacancies which have arisen on 1.8.2019, which is before the expiry of rank list on 19.10.2019. Since the vacancy requisition report as per Anx.R-2(b) has already been received by the PSC well before the expiry of rank list, the Commission will have to advise 3 more candidates from the instant rank list dated 6.6.2016 to the post of JPHN Gr.II from amongst the candidates included therein and in accordance with the rules of reservation and rotation enshrined in Rules 14 to 17 of KS & SSR Part II and the other applicable norms. Accordingly the following directions and orders are passed: - i. The respondent District Officer, Kerala Public Service Commission, Kasargod, will take immediate steps to ensure that 3 more candidates included in the instant rank list dated 6.6.2016 are advised for appointment to the post of JPHN Gr.II in Kasargod district, in accordance with the applicable norms, and the advise memos will be issued to those eligible candidates within 6 weeks from the date of production of a certified copy of this judgment. O.P.(KAT) No. 188/2020 ..14.. ii. Thereafter, the respondent appointing authority (DMO (Health), Kasargod) will ensure that appointment orders are also issued to those advised candidates without any further delay, at any rate within 2 weeks from the date of receipt of advise memos issued by the District Office of the Kerala PSC. iii. For the sake of clarity it is ordered that, Anx.R-2(b) vacancy requisition report dated 3.6.2019 is to be utlized for effectuating advise as against the aforementioned 3 vacancies. But it is further ordered, in order to avoid any further confusion, that Anx.R-2(b) vacancy requisition report dated 3.6.2019 to the extent it relates to the balance 57 vacancies [viz, 60 – 3 = 57] will have to be treated as cancelled and rescinded. So also, for the sake of clarity it is also ordered that, the vacancy requisition report for the abovesaid 3 substantive vacancies which have arisen on 1.8.2019 and received by the PSC on 28.10.2019, may also be treated as cancelled and rescinded, so that there may O.P.(KAT) No. 188/2020 ..15.. not be any unnecessary confusion for duplication of advise and appointment as against the very same 3 vacancies in question. iv. Further, it is ordered that the competent authority of the State Government in the Health and Family Welfare Department may take a considered decision on Ext.P-11 representation dated 5.12.2020 submitted by the petitioners and in accordance with law, and after affording reasonable opportunity of being heard to the petitioners through their authorized representative/counsel if any, and also after duly ascertaining the considered views of the Kerala Public Service Commission in that regard. Orders in that regard may be duly passed by the competent authority of the State Government without much delay preferably within a period of 2 months, at any rate within an outer time limit of 3 months from the date of receipt of a certified copy of this judgment. To obviate further delay, the Secretary of the PSC may send communication to the Government informing the O.P.(KAT) No. 188/2020 ..16.. considered views of the PSC on Ext.P-11 within 1 month from the date of receipt of a copy of this judgment. 11. Sri.P.Nandakumar, the learned counsel appearing for the petitioners would submit that Ext.P-11 representation dated 5.12.2020 is seen addressed by the petitioners directly to the Minister for Health and Family Welfare, and not to the Principal Secretary to Government in the Health and Family Welfare Department and the petitioners will immediately file a comprehensive and detailed representation in that regard formally addressed to the Principal Secretary to Government in the Health and Family Welfare Department, etc. It is also brought to the notice of this Court by the counsel for the petitioners that it is reliably learnt that Ext.P-11 representation dated 5.12.2020 has already been forwarded by the Health and Family Welfare Department to the Finance Department of the Government for ascertaining their views in the matter. The submissions in that regard are placed on record. 12. The impugned Ext.P-1 final order dated 29.10.2019 rendered by the Kerala Administrative Tribunal, Ernakulam O.P.(KAT) No. 188/2020 ..17.. Bench, in O.A. (Ekm) No.667/2017 will stand modified to the abovesaid extent. We make it clear that, we have not interfered with the main findings and directions rendered by the Tribunal in Ext.P-1. 13. The counsel for the petitioners may ensure that certified copies of this judgment are duly sent to the respondent District Officer, Kerala Public Service Commission, Kasargod, the Secretary, Kerala Public Service Commission, the respondent District Medical Officer (Health), Kasargod, and the Principal Secretary to Government in the Health and Family Welfare Department, for necessary information and further action. With these observations and directions, the above Original Petition (KAT) will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE Sd/- T.R.RAVI, JUDGE MMG O.P.(KAT) No. 188/2020 ..18.. ## **APPENDIX** **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER DATED 29.10.2019 IN OA(EKM) NO.667 OF 2017 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL** - **EXHIBIT P2 TRUE COPY OF OA (EKM) NO 667 OF 2017** - **ANNEXURE-A1 TRUE COPY OF THE RELEVANT PORTION OF THE RANK LIST PUBLISHED BY THE KPSC** - **ANNEXURE-A2 TRUE COPY OF THE CIRCULAR NO.44585/C2/2014 DATED 30.09.2014** - **ANNEXURE-A3 TRUE COPY OF THE REPRESENTATION DATED 02.03.2017 SUBMITTED TO THE 3RD RESPONDENT** - **EXHIBIT P3 TRUE COPY OF REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN OA** - **ANNEXURE -R2(A) TRUE COPY OF GO(P) NO.262/09 DATED 04.07.2009** - **ANNEXURE-R2(B) TRUE COPY OF ORDER NO RDIS EH158899/DHS DATED 27.10.2009** - **ANNEXURE-R2(C) TRUE COPY OF ORDER NO.EH1-70285/10/DHS DATED 13.12.2009** - **ANNEXURE-R2(D) TRUE COPY OF ORDER NO.EH1-53905/11/DHS DATED 27.09.2011** - **EXHIBIT P4 TRUE COPY OF REJOINDER SUBMITTED BY THE PETITIONERS TO THE REPLY STATEMENT OF THE 2ND RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 3 TO 5 IN THE OA** ..19.. ## O.P.(KAT) No. 188/2020 ## **EXHIBIT P6** **TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY RESPONDENTS 3 TO 5 IN THE OA** - **EXHIBIT P7** - **TRUE COPY OF MA (EKM) NO.1007/2018 FILED BY THE PETITIONERS IN THE OA** - **ANNEXURE-A4 TRUE COPY OF THE APPLICATION UNDER TI ACT AND THE REPLY GIVEN BY THE INFORMATION OFFICER DATED 02.02.2018 FOR THE PERIOD FROM 01.04.2009 TO 31.03.2010 BY NO.C4-550/2018** - **ANNEXURE-A5 TRUE COPY OF THE APPLICATION UNDER TI ACT AND THE REPLY GIVEN BY THE INFORMATION OFFICER DATED 09.01.2018 FOR THE PERIOD FROM 01.04.2010 TO 31.03.2011 BY NO.C4-551/2018** - **ANNEXURE-A6 TRUE COPY OF THE APPLICATION UNDER TI ACT AND THE REPLY GIVEN BY THE INFORMATION OFFICER DATED 02.02.2018 FOR THE PERIOD FROM 01.04.2011 TO 31.03.2012 BY NO.C4-552/2018** - **EXHIBIT P8 TRUE COPY OF MA(EKM) NO 2204 OF 2018 FILED BY THE PETITIONERS IN THE OA** - **ANNEXURE-A7 TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT BEFORE THE HON'BLE HIGH COURT IN OP(KAT) NO.43 OF 2017** - **ANNEXURE-A8 TRUE COPY OF THE NOTIFICATION ISSUED BY THE KPSC VIDE CATEGORY NO.307/2007** - **ANNEXURE-A9 TRUE COPY OF THE NOTIFICATION ISSUED BY THE KPSC VIDE CATEGORY NO.231/2010** - **ANNEXURE-A10 TRUE COPY OF THE REQUEST AS WELL AS THE REPLY DATED 26.07.2018 ISSUED UNDER RTI ACT** - **EXHIBIT P9 ADDITIONAL REPLY STATEMENT FILED BY THE 1ST RESPONDENT** ## O.P.(KAT) No. 188/2020 ..20.. |**ANNEXURE-R1(A)**|**TRUE COPY OF GOVERNMENT ORDER DATED**| |---|---| ||**09.01.2012**| |**ANNEXURE-R1(B)**|**TRUE COPY OF ORDER DATED 18.04.2012**| |**ANNEXURE-R1(C)**|**TRUE COPY OF GOVERNMENT ORDER DATED**| ||**02.03.2012**| |**ANNEXURE-R1(D)**|**TRUE COPY OF GOVERNMENT ORDER DATED**| ||**02.03.2016**| |**ANNEXURE-R1(E)**|**TRUE COPY OF ORDER DATED 14.06.2017**| |**ANNEXURE-R1(F)**|**TRUE COPY OF ORDER DATED 01.12.2010 ,**| ||**08.12.2011, 10.05.2013, 01.06.2013,**| ||**28.12.2013 ISSUED BY THE DISTRICT**| ||**MEDICAL OFFICER, KASARAGOD**| |**ANNEXURE-R1(G)**|**TRUE COPY OF ORDERS OF THE**| ||**2ND RESPONDENT DATED 07.03.2015,**| ||**05.10.2015, 05.02.2016, 09.03.2016,**| ||**28.03.2017,22.12.2018,**<br>**20.01.2018,.**| ||**27.02.2019, 05.04.2019**| |**EXHIBIT P10**|**TRUE COPY OF REJOINDER SUBMITTED BY**| ||**THE PETITIONERS AGAINST THE ADDITIONAL**| ||**REPLY STATEMENT FILED BY THE 1ST**| ||**RESPONDENT**| |**EXHIBIT P11**|**TRUE COPY OF REPRESENTATION DATED**| ||**05.12.2020**<br>**SUBMITTED**<br>**BY**<br>**THE**| ||**PETITIONERS BEFORE THE GOVERNMENT.**| |**ANNEXURE-R2(A)**|**THE TRUE COPY OF SPECIAL RULES FOR THE**| ||**KERALA**<br>**PUBLIC**<br>**HEALTH**<br>**NURSING**| ||**SUBORDINATE SERVICE 1998**| |**ANNEXURE-R2(B)**|**THE TRUE COPY OF PERFORMA DATED**| ||**03.06.2019**|