OP(KAT) No. 9 of 2021

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942** ## **OP(KAT).NO.9 OF 2021** **AGAINST THE ORDER DATED 9.3.2020 IN OA (EKM) NO. 2054/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** ## **PETITIONERS/RESPONDENTS 1 & 2 IN O.A.:** |**1**|**STATE OF KERALA,**| |---|---| ||**REP.BY ITS SECRETARY, HOME DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM 695 001.**| |**2**|**THE STATE POLICE CHIEF**| ||**POLICE HEAD QUARTERS, VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM 695 014.**| ||**BY SRI.ANTONY MUKKATH, SENIOR GOVERNMENT PLEADER**| ## **RESPONDENTS/APPLICANTS & 3RD RESPONDENT IN O.A.:** |**1**|**SAMEESH C., AGED 32 YEARS,S/O.LATE CHANDRAN,**| |---|---| ||**(CPO-5943), CIVIL POLICE OFFICER,**| ||**MANGALAM DAM POLICE STATION, PALAKKAD-678 001,**| ||**RESIDING AT KALNADI HOUSE, CHATHAMANGALAM P.O.,**| ||**NENMALA, PALAKKAD 678 508**| |**2**|**JOBY P.C., AGED 40 YEARS, S/O.SRI.P.K.CHACKO,**| ||**(CPO-11018), CIVIL POLICE OFFICER,**| ||**RAMAMANGALAM POLICE STATION, RAMAMANGALAM,**| ||**ERNAKULAM 686 663,**| ||**RESIDING AT PATTITHAZHATHU HOUSE,**| ||**MANKULAM NORTH P.O., ERNAKULAM 686 664.**| |**3**|**THE KERALA PUBLIC SERVICE COMMISSION,**| ||**REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM 695 004**| ||**ADVS. SRI.ELVIN PETER P.J. & SRI.K.R.GANESH FOR R1 & R2**| ||**SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR R3**| **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## ALEXANDER THOMAS & T.R.RAVI, JJ. -------------------------------------------------------------------------------O.P. (KAT) No. 9 of 2021 (arising out of the impugned interim order dated 9.3.2020 in O.A.(EKM) No. 2054 of 2019 on the file of the KAT, Ernakulam Bench) -------------------------------------------------------------------------------Dated this the 21[st] day of January, 2021 J U D G M E N T The afore captioned Original Petition has been filed under Articles 226 & 227 of the Constitution of India, with the following prayer: _(See page 11 of the paper book of this O.P.)_ _“......set aside the order of the Honourable Kerala Administrative Tribunal, Additional Bench, Ernakulam in OA(EKM) No.2054/2019 (Exhibit P4) and dismiss the Original Application.”_ 2. Heard Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners (The State of Kerala and The State Police Chief), Sri.P.J.Elvin Peter, learned counsel appearing for contesting respondents 1 & 2 herein (original applicants before the Tribunal) and Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (PSC), appearing for the 3[rd] respondent in the O.P. and O.A. 3. Contesting respondents 1 & 2 in the O.P. (original applicants before the Tribunal) have filed the instant Ext.P-1 original application O.A.(EKM) No. 2054/2019 before the Kerala Administrative Tribunal, O.P. (KAT) No. 9 of 2021 ..3.. Ernakulam Bench, with the following prayers: _(See pages 31 to 33 of_ ## _this paper book)_ _“_ - _(a) issue a direction to the 2[nd] respondent to report 133 vacancies of Sub Inspectors out of the 266 posts created as per Annexure-A6 order to the 3[rd] respondent forthwith and to issue a further direction to the 3[rd] respondent to advice candidates from Annexure-A2 ranked list to the above vacancies;_ - _(b) to issue a direction to the 2[nd] respondent to report 137 vacancies of Sub Inspector of Police that has been sanctioned in the Airports and Seaports which was filled up by direct recruitment on the basis of Annexure-A4 judgment to the 3[rd] respondent and issue a further direction to the 3[rd] respondent to advice candidates from Annexure-A2 ranked list to those vacancies;_ - _(c) to issue a direction to the 2[nd] respondent to report 50 vacancies of Sub Inspector of Police out of the 100 vacancies that was directed to be filled up in the Immigration Department by Annexure-A7 to the 3[rd] respondent;_ - _(d) Issue a direction to the 2[nd] respondent to forthwith report 37 vacancies of Sub Inspector of Police to the 3[rd] respondent which arise during the period between 01.01.2020 to 31.12.2020 as shown in Annexure-A9 list;_ - _(e) to declare that the 2[nd] respondent is legally bound to report 37 vacancies of Sub Inspector of Police that would arise during the period between 01.01.2020 to 31.12.2020 as directed in Annexure-A8 order to the 3[rd] respondent;_ - _(f) to issue a direction to the 3[rd] respondent to advice candidates from Annexure-A2 ranked list to the vacancies reported by respondents 1 and 2 and issue a further direction to respondents 1 and 2 to appoint those candidates advised by the 3[rd] respondent;_ - _(g) to declare that the 2[nd] respondent is legally bound to report 37 anticipated vacancies of Sub Inspector of Police as shown in Annexure-A9 list due to arise between 01.01.2020 to 31.12.2020 to the 3[rd] respondent;_ - _(h) to issue a direction to the 2[nd] respondent to report all the existing vacancies of Sub Inspector of Police in the Police Department to the 3[rd] respondent forthwith;_ - _(i) to issue a direction to the 2[nd] respondent to report 37 anticipated vacancies of Sub Inspector of Police to the 3[rd] respondent itself which is to arose during the period from 01.01.2020 to 31.12.2020 as shown in Annexure-A9 list forthwith;_ - _(j) To issue such other directions or orders as this Hon'ble Tribunal deems fit and proper in the interest of justice and circumstances of the case.”_ 4. The Tribunal after hearing both sides has passed the impugned Ext.P-4 interim order dated 9.3.2020 in the said O.A., O.P. (KAT) No. 9 of 2021 ..4.. the operative portion of which contained in para 4 thereof reads as follows: _(See internal pages 3 & 4 of Ext.P-4/ see pages 179 & 180 of this paper book)_ _“ i) There will be a directions to the 2[nd] respondent, State Police Chief, to provisionally report to the PSC 300 more vacancies of Sub Inspectors of Police so as to reach the office of the PSC on or before 12-3-2020. Reporting of vacancies will be provisional and no further actions will be taken by the PSC, to advise any candidates to the post of Sub Inspectors (Trainee) in these vacancies.”_ 5. The original applicants had earlier submitted applications for consideration of selection and appointment to the post of Sub Inspector of Police (Trainee) Constabulary General Executive Branch of the Police Department of the State Government in pursuance of Anx.A-1 selection notification dated 11.6.2015 issued by the Kerala Public Service Commission, for three different sources of appointments: (i) open market, (ii) Ministerial & (iii) constabulary. The last date for submission of applications was 15.7.2015. According to the original applicants, they have participated in the said selection process and now have been included in Anx.A-2 rank list dated 14.3.2019 for the category of Constabulary with rank numbers 45 and 68 respectively. The condition as per the note appended to Anx.A-1 selection notification dated 11.6.2015 issued by the respondent Kerala Public Service Commission given in page 1 thereof reads as follows: _(See page 35 of this paper book)_ O.P. (KAT) No. 9 of 2021 ..5.. _“Note:_ _The Ranked List of candidates published by the Commission in response to this notification shall cease to be in force after one year from the date of finalisation of Ranked List or after one month from the date of commencement of the training in respect of the last batch of candidates advised from the ranked list within a period of one year from the date of finalisation of the Ranked List whichever is later. Candidates will be advised from the said list against the vacancies reported and pending before the Commission and the vacancies that may be reported to the Commission in writing during the period of currency of the list.”_ 6. It appears that the said note contained in page 1 of Anx.A1 selection notification is in consonance with the 1[st] proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, which reads as follows: _“Provided that the above rule shall not apply in respect of ranked lists of candidates for admission to Training Course that leads to automatic appointment to Services or posts and that in such cases the ranked list shall cease to be in force after one year from the date of finalisation of the ranked lists or after one month from the date of commencement of the course in respect of the last batch selected from the list within a period of one year from the date of finalisation of the ranked lists whichever is later:_ ” 7. Further it appears that, the abovesaid 1[st] proviso to Rule 13 of the PSC Rules of Procedure has been amended as per Anx.R-1(e) Notification No.AV(2)2376/14/GW dated 4.4.2016 published in Kerala Gazette Extraordinary dated 15.4.2016, which reads as follows: _(See internal page 2 of Anx.R-1(e) given on page 17 of the counter affidavit dated 18.1.2021 filed by R-1 & R-2 in this_ O.P. (KAT) No. 9 of 2021 ..6.. ## _O.P. before this Court)_ _“ In the said Rules, in Rule 13 Part 1, the first proviso shall be substituted by the following namely:-_ _“Provided that the above rule shall not apply in respect of Ranked Lists of candidates for admission to Training Courses that leads to automatic appointment to services or posts and that in such cases the Ranked Lists shall cease to be in force after one year from the date of finalisation of the Ranked Lists.” This amendment shall come into force at once.”_ 8. As per the provisions contained in Anx.R-1(e), the said amendment dated 15.4.2016 shall come into force at once, meaning thereby that the said amendment has come into force prospectively with effect from 15.4.2016. It appears that, the stand of the candidates like the original applicants is to the effect that since Anx.A-1 selection notification dated 11.6.2015 has been issued prior to Anx.R-1(e) gazette notification dated 15.4.2016, the said amendment as per Anx.R-1(e) will not affect the operation of advise and appointment from the instant rank list prepared and finalized as per the said selection notification, and that the aforesaid pre-amended norm will regulate the present selection process and that this is all the more so in view of the specific note to that effect notified in page 1 of Anx.A-1 selection notification dated 11.6.2015. Whereas, it appears that the stand of the State O.P. (KAT) No. 9 of 2021 ..7.. Government and the Public Service Commission is that the said amendment as per Anx.R-1(e) gazette notification dated 15.4.2016, will have effect on the present selection process, more so particularly, as Anx.A-2 rank list has been published on 14.3.2019, which is after the coming into force of Anx.R-1(e) amended gazette notification dated 15.4.2016. The State Government would also point out that since it is explicitly provided in Anx.R-1(e) amendment that the said amendment would come into effect at once, the same has come into force on the date of publication of said notification in the gazette on 15.4.2016. 9. The original application had come up for consideration before the Tribunal on 9.3.2020. One of the specific contentions raised by the original applicants was to the effect that very many substantive vacancies which are actually in existence at that point of time have not been reported by the Police Department to the respondent PSC and that many deputation vacancies have arisen on account of the deputation of officers in the cadre of Sub Inspector to the Bureau of Immigration and that it has been held by this Court in decisions as in Anx.A-4 judgment dated 26.8.2014 O.P. (KAT) No. 9 of 2021 ..8.. rendered by the Division Bench of this Court in OP(KAT) No.200/2014 that such vacancies arise on account of deputation of personnel holding the post of Sub Inspector of Police to the Bureau of Immigration should be treated as substantive vacancies as understood in Note 2 of the Rule 5 of KS & SSR Part II, and that such substantive vacancies in existence have not been reported to the PSC for advise and appointment of candidates included in Anx.A-2 rank list etc. 10. Various other contentions have also been taken by both sides. Since one of the primary contention raised by the State Government was to the effect that Anx.R-1(e) amendment notification would also apply to present rank list and selection process, and if that be so the validity of rank list is to expire on 13.3.2020 etc, the Tribunal after assessing the _prima facie_ nature of the case made out by the original applicants and taking into account the extreme urgency on account of balance of convenience issued the impugned Ext.P-4 interim order dated 9.3.2020 in the instant original application directing the State Police Chief (appointing authority) to report 300 vacancies of Sub Inspector of O.P. (KAT) No. 9 of 2021 ..9.. Police to the Public Service Commission only provisionally and with the condition and rider therein that advise and appointment of candidates as against those 300 vacancies so reported only provisionally may await further orders of the Tribunal. It may be noted that the original applicants had urged that many vacancies in existence are not reported, which plea was opposed by the State Government and the Police Department authorities. After assessing the _prima facie_ nature of the contentions of both sides and taking into account various relevant aspects including the one borne out from Anx.A-4 judgment of the Division Bench of this Court that the Tribunal has passed the interim order to report 300 vacancies provisionally. It is this interim order at Ext.P-4 dated 9.3.2020 that is under challenge in this original petition filed under Articles 226 & 227 of the Constitution of India by the State Government and the State Police Chief concerned. 11. When the matter had come up for consideration on the previous occasion, we had requested the learned Senior Government Pleader to get specific and precise instructions from the State Police Chief and the Police Department authorities concerned as to whether the abovesaid interim directions in O.P. (KAT) No. 9 of 2021 ..10.. Ext.P-4 interim order dated 9.3.2020 rendered by the Tribunal have been complied with by reporting 300 vacancies provisionally to the PSC etc. Today when the matter has been taken up for consideration, Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners would submit on the basis of instructions that prior to the interim order dated 9.3.2020, the last report of vacancies to the PSC in respect of abovesaid selection was made by the Police Department by submitting vacancy requisition report on 7.3.2020 in respect of 5 vacancies. It is thereafter that the Tribunal has passed the impugned Ext.P-4 interim order on 9.3.2020 directing reporting of 300 vacancies provisionally, with a rider that the Commission may not advise any candidates therefrom without getting orders from the Tribunal. Thereafter, taking into account the abovesaid interim order rendered by the Tribunal, and as the rank list was to expire on 13.3.2020, the Police Department authorities concerned have assessed the vacancy position and it was found that there were 174 vacancies which are substantive in nature and that, the balance 126 vacancies (300 – 174 = 126) were not substantive vacancies. O.P. (KAT) No. 9 of 2021 ..11.. Further that, on 12.3.2020 the Police Department authorities have reported 134 vacancies to the PSC, and later on the same day (12.3.2020) yet another 5 vacancies were also reported to the PSC and on 13.3.2020 yet another 35 vacancies were also reported, and that the total number of vacancies so reported would come to 174 vacancies, which according to the Police Department are substantive vacancies to which advise could be made by the PSC in respect of candidates included in the present selection process. Further, the balance 126 vacancies were also reported by the Police Department authorities to the PSC on 13.3.2020. 12. Further the learned Senior Government Pleader would submit that, it is reliably learnt that the vacancy requisition reports in respect of these 174 + 126 vacancies, ie, totaling to 300 vacancies have reached the office of the PSC before the expiry of deadline of 13.3.2020. Further, the learned Senior Government Pleader would submit that the abovesaid report of vacancies in respect of 126 vacancies have been made by the Police Department to the PSC only provisionally and only for the purpose of provisional compliance of the directions issued by the Tribunal at Ext.P-4. O.P. (KAT) No. 9 of 2021 ..12.. Further that, the Police Department is of the considered stand that the said 126 vacancies are not substantive vacancies in existence and that very many so called deputation vacancies pointed out by the original applicants are not substantive vacancies for the simple reason that actual deputation of any such hands have not taken place before the expiry of rank list on 13.3.2020, and such vacancies would arise only by relieving the incumbents concerned in implementation of any deputation order, and since such actual creation of vacancies by way of deputation have not arisen before the expiry of rank list on 13.3.2020, it cannot be said that any such vacancies are substantive. Further that, since the stand of the Police Department was to the effect that the said 126 vacancies are not substantive vacancies, the Police Department authorities have also sent formal letter to the Secretary of the Kerala Public Service Commission immediately thereafter stating that the abovesaid vacancy requisition report in respect of the abovesaid 126 vacancies be treated as provisional and to treat that report as withdrawn, etc. It is also apprised to this Court by the learned Senior Government Pleader on the basis of instructions that, since O.P. (KAT) No. 9 of 2021 ..13.. the abovesaid 174 vacancies out of 300 vacancies are substantive vacancies in nature, it is reliably learnt that the Kerala Public Service Commission has also taken steps to advise candidates selected in pursuance of Anx.A-1 notification and that the Police Department authorities have no objections to such advise and appointment process, as those 174 vacancies are substantive in nature. Further that, the Police Department authorities have a serious case that no advise or appointment should be made as against the other 126 vacancies in question, as those vacancies are not substantive in nature, etc. 13. Sri.P.J.Elvin Peter, learned counsel appearing for contesting respondents 1 & 2 herein (original applicants before the Tribunal) has raised certain contentions regarding the inapplicability of Anx.R-1(e) amendment notification dated 15.4.2016 in respect of the operation of the selection process in the instant Anx.A-2 rank list prepared and finalized in pursuance of Anx.A-1 selection notification dated 11.6.2015, as the said amendment as per Anx.R-1(e) dated 15.4.2016 has been made only after the issuance of Anx.A-1 selection notification, and O.P. (KAT) No. 9 of 2021 ..14.. submissions have been made by him on the basis of the matters arising out of Anx.R-1(f) judgment of the Division Bench of this Court in the case in _**Asha P. and Others v. State of Kerala and Others**_ reported in _**2009 (4) KHC 721 (DB)**_ etc. 14. Whereas the contentions of the other side is that, Anx.R-1(e) amendment notification would apply to the operation of the selection process in respect of Anx.A-2 rank list, as the said rank list has come into force after the coming into force of the Anx.R-1(e) amendment of the norms. 15. Further, Sri.P.J.Elvin Peter, learned counsel appearing for contesting respondents 1 & 2 herein (original applicants before the Tribunal) has also submitted that, in the instant case the unamended provisions of the 1[st] proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure and the note given on page 1 of Anx.A-1 selection notification would govern the field, and that the scope and ambit of the unamended 1[st] proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure has been dealt with in a judgment of the Division Bench of this Court. 16. After hearing both sides we are of the firm view that O.P. (KAT) No. 9 of 2021 ..15.. these aspects regarding the applicability or otherwise of Anx.R-1(e) amendment notification to the selection process of candidates included in the present rank list, etc and the other allied contentions made by both sides, need not be considered by this Court and those are all matters which would come within the province and domain of the Tribunal, as the said Forum is the Court of first instance going by the dictum well established by the Seven Judges' Bench of the Apex Court in the celebrated case in _**L.Chandra Kumar v. Union of India and Others [(1997) 3 SCC 261]**_ etc. 17. As regards the main aspects now canvassed before this Court, in view of the abovesaid subsequent developments, we feel that there is no necessity for adjudicating any such issues for the simple reason that the Police Department authorities have reported vacancies in question provisionally in compliance with the directions issued by the Tribunal as per Ext.P-4 interim order dated 9.3.2020 in the above O.A. From the submissions made by the petitioners it appears that, even according to them 174 vacancies out of 300 vacancies mentioned in the impugned Ext.P-4 O.P. (KAT) No. 9 of 2021 ..16.. interim order are substantive vacancies, and if that be so there may not be any objections for the Public Service Commission and the State Government to advise candidates as against those 174 vacancies, if the vacancy requisition report has been received by the PSC before the expiry of the ranked list. Therefore, as regards the matters posed before us the only remaining issue is as to whether the balance 126 vacancies out of the 300 vacancies covered by Ext.P-4 interim order are substantive vacancies which are to be utilized for advise and appointment of candidates selected in pursuance of Anx.A-1 selection notification. 18. That crucial aspect of the matter could be adjudicated and determined by the Tribunal by the early final disposal of the main matter in the O.A. So also, the allied issues of the applicability or otherwise of Anx.R-1(e) amendment notification to the selection process finalized in pursuance of Anx.A-1 selection notification, and the other issues regarding the currency of ranked list etc, could be considered by the Tribunal if agitated, and there is no necessity for us to enter O.P. (KAT) No. 9 of 2021 ..17.. into those aspects of the matter. We would caution ourselves and would guardedly desist from getting into those issues as we are now in a proceedings for judicial review and judicial superintendence, and as the Court of first instance is the Tribunal. 19. There is yet another incidental aspect of the matter and the same is that, after the reporting of abovesaid 174 + 126 vacancies, the Police Department authorities has written a letter to the Secretary of the Public Service Commission, stating that the vacancy requisition report in respect of the aforementioned 126 vacancies out of the 300 vacancies may be treated as withdrawn. Since that aspect of the matter has now been posed before us, we would only order that the competent authority of the respondent Kerala Public Service Commission may consider to act upon the said request to the State Police Chief/Police Department authorities concerned in the matter of withdrawing the vacancy requisition report in respect of the 126 vacancies in question only after getting explicit orders from the Tribunal. Till orders O.P. (KAT) No. 9 of 2021 ..18.. are issued by the Tribunal in the O.A., the question of utilizing the vacancy requisition report of the said 126 vacancies, need not be considered by the PSC. 20. In the light of these aspects we would also suggest to all the parties concerned that, instead of securing piecemeal interim orders and taking into account the fact that the selection is for a vital post in the State Police force, all the parties concerned should fully co-operate with the Tribunal for ensuring the early final disposal of the main matter in the O.A. 21. All parties concerned have agreed to our suggestion. Therefore, all the parties concerned may ensure that pleadings/additional pleadings if any, should be duly completed without any further delay atleast within a period of 2 weeks, and for that purpose the parties need not await for the formal issuance of the certified copy of this judgment. 22. We would request the Tribunal to consider the facilitation of the final disposal of the main matter in O.A. as early as possible, and within a time limit as deemed fit and appropriate by the Tribunal. In the light of these aspects, O.P. (KAT) No. 9 of 2021 ..19.. no further orders and directions are called for in this case. With these observations and directions, the above Original Petition will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE Sd/- T.R.RAVI, JUDGE MMG O.P. (KAT) No. 9 of 2021 ..20.. ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA (EKM) NO.2054/2019 ALONG WITH ANNEXURES AND MISCELLANEOUS APPLICATION** **ANNEXURE AI TRUE COPY OF THE NOTIFICATION DATED 11.6.2015 ISSUED BY THE 3RD RESPONDENT IN CATEGORY NO.161/2015 TO 164/2015 TO THE POST OF SUB INSPECTOR OF POLICE (TRAINEE)** **ANNEXURE A2 TRUE COPY OF THE RANKED LIST PUBLISHED BY THE 3RD RESPONDENT WITH EFFECT FROM 14.3.2019 FOR APPOINTMENT TO THE POST OF SUB INSPECTOR OF POLICE (TRAINEE) IN THE POLICE DEPARTMENT FOR ALL THE 3 CATEGORIES** **ANNEXURE A3 TRUE COPY OF THE GOVERNMENT ORDER GO (MS) NO.196/95/HOME DATED 26.7.1995 ISSUED BY THE 1ST RESPONDENT** **ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 26.8.2014 IN OP(KAT) NO.200/2014 OF THE HON'BLE HIGH COURT OF KERALA ANNEXURE A5 TRUE COPY OF THE ORDER DATED 18.1.2016 OF THE HON'BLE SUPREME COURT IN SPECIAL LEAVE PETITION NO.494-495 OF 2016 ANNEXURE A6 TRUE COPY OF THE ORDER GO(MS)NO.124/2014/HOME DATED 17.6.2014 ISSUED BY THE 1ST RESPONDENT ANNEXURE A7 TRUE COPY OF THE COMMUNICATION NO.14/EST/BOI(T)/2016(4)/246 DATED 15.01.2016 ISSUED BY THE BUREAU OF IMMIGRATION, GOVERNMENT OF INDIA THROUGH THE JOINT DEPUTY DIRECTOR, ADDRESSED TO THE 2ND RESPONDENT (TYPED COPY IS PRODUCED) ANNEXURE A8 TRUE COPY OF THE CIRCULAR NO.C.3/101/2019/HOME DATED 20.98.2019 ISSUED BY THE 1ST RESPONDENT ANNEXURE A9 TRUE COPY OF THE LIST GAZETTED OFFICERS WHO HAD DUE TO RETIRE FROM THE DEPARTMENT DURING THE YEAR 2020 PUBLISHED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF 2ND PETITIONER** O.P. (KAT) No. 9 of 2021 ..21.. |**EXHIBIT P3**|**TRUE COPY OF REJOINDER FILED BY THE**| |---|---| ||**RESPONDENTS**| |**ANNEXURE A10**|**TRUE COPY OF THE GOVERNMENT ORDER GO(RS)**| ||**NO.99/2008/HOME DATED 10.6.2008**| |**ANNEXURE A11**|**TRUE COPY OF THE GOVERNMENT ORDER GO(RS)**| ||**NO.202/2008/HOME DATED 1.12.2008**| |**ANNEXURE A12**|**TRUE COPY OF THE GOVERNMENT ORDER GO(MS)**| ||**NO.140/2010/HOME DATED 24.6.2010**| |**ANNEXURE A13**|**TRUE COPY OF THE GOVERNMENT ORDER GO(MS)**| ||**NO.244/2012/HOME DATED 20.9.2012**| |**ANNEXURE A14**|**TRUE COPY OF THE JUDGMENT IN RP 748/2014 DATED**| ||**30.10.2014**| |**ANNEXURE A15**|**TRUE COPY OF THE COMMUNICATION DATED 3.1.2020**| ||**ISSUED BY THE JOINT DEPUTY DIRECTOR OF**| ||**IMMIGRATION TO THE 2ND RESPONDENT**| |**ANNEXURE A16**|**TRUE COPY OF THE COMMUNICATION DATED 16.1.2020**| ||**ISSUED BY THE 2ND RESPONDENT TO ALL UNIT HEADS**| |**ANNEXURE A17**|**TRUE COPY OF THE JUDGMENT DATED 22.11.2001 IN**| ||**WA 2261/1997 ISSUED BY THE DIVISION BENCH OF**| ||**HON'BLE HIGH COURT**| |**ANNEXURE A18**|**TRUE COPY OF THE APPLICATION DATED 14.11.2019**| ||**SUBMITTED BY THE WIFE OF SRI. MUKESH KUMAR**| ||**C.B. TO THE PUBLIC INFORMATION OFFICER, POLICE**| ||**HEAD QUARTERS, TRIVANDRUM**| |**ANNEXURE A19**|**TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC**| ||**INFORMATION OFFICER DATED 27.12.2019**| |**ANNEXURE A20**|**TRUE COPY OF THE APPLICATION SUBMITTED BY SRI.**| ||**PAUL MICHEAL K.M. DATED 13.11.2019 TO THE**| ||**PUBLIC INFORMATION OFFICER, KERALA POLICE**| ||**ACADEMY, THRISSUR**| |**ANNEXURE A21**|**TRUE COPY OF THE REPLY DATED 12/2019 GIVEN BY**| ||**THE PUBLIC INFORMATION OFFICER, KERALA POLICE**| ||**ACADEMY, THRISSUR TO SRI. PAUL MICHEAL K.M.**| ## O.P. (KAT) No. 9 of 2021 ..22.. **ANNEXURE A22 TRUE COPY OF THE REPLY STATEMENT DATED 9.10.2019 FILED BY THE 2ND RESPONDENT IN OA 1476/2019 ANNEXURE A23 TRUE COPY OF THE APPLICATION SUBMITTED BY SRI. PAUL MICHEAL K.M. TO THE PUBLIC INFORMATION OFFICER AT KERALA STAT POLICE HEADQUARTERS, TRIVANDRUM DATED 19.11.2019 ANNEXURE A24 TRUE COPY OF THE REPLY GIVEN BY THE SATE PUBLIC INFORMATION OFFICER DATED 26.12.2019 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN OA(EKM) NO.2054/2019 DATED 9.3.2020 OF KERALA ADMINISTRATIVE TRIBUNAL ADDITIONAL BENCH, ERNAKULAM** ## **RESPONDENTS' EXHIBITS:** **ANNEXURE R1(A) TRUE COPY OF THE RANKED LIST PUBLISHED BY THE 3RD RESPONDENT NO.179/19/SSVI (CATEGORY NO.163/2015 WITH EFFECT FROM 14/03/2019 FOR THE POST OF SUB INSPECTOR OF POLICE (TRAINEE) CONSTABULARY.** - **ANNEXURE R1(B) A TRUE COPY OF THE FIRST PAGE OF THE INTERIM ORDER IN OA (EKM) NO.2054/2019 DATED 09/03/2020, WHEREIN THE OFFICE OF THE 2ND PETITIONER HAS MADE AN ENDORSEMENT, ACKNOWLEDGING RECEIPT OF THE INTERIM ORDER ON 11/03/2020.** - **ANNEXURE R1(C) TRUE COPY OF THE APPLICATION SUBMITTED BY SRI. ROBIN MATHEW UNDER THE RIGHT TO INFORMATION ACT DATED 03/09/2020 BEFORE THE PUBLIC INFORMATION OFFICER, KERALA PUBLIC SERVICE COMMISSION.** - **ANNEXURE R1(D) TRUE COPY OF THE REPLY NO. IDSII(4)/2791/2020/GW DATED 29/09/2020 GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, KERALA PUBLIC SERVICE COMMISSION.** O.P. (KAT) No. 9 of 2021 ..23.. **ANNEXURE R1(E) TRUE COPY OF THE GOVERNMENT ORDER NO.AV(2) 2376/14/GW DATED 04/04/2016.** **ANNEXURE R1(F) TRUE PHOTOCOPY OF THE DECISION OF THE DIVISION BENCH OF THIS HON'BLE COURT REPORTED IN 2009(4) KHC 721.** **ANNEXURE R1(G) TRUE COPY OF COMMUNICATION NO.E239360/2020/PHQ DATED 14/08/2020 ISSUED BY THE 2ND PETITIONER.** **ANNEXURE R1(H) TRUE COPY OF THE ORDER DATED 17/12/2020 IN OA (EKM) 2054/2020 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.**