High Court of KeralaDivision BenchOriginal petition dismissed; Tribunal order uph...

O.P.(KAT) No.55 of 2021

Case / Petition Number:O.P.(KAT) No.55 of 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas, J.
  • T.R. Ravi, J.
Judgment Date
2021-04-08
Court Decision / Holding
The original petition is dismissed. The High Court upholds the Tribunal’s order directing notional promotion from 4 March 2003, with retrospective effect for the purpose of eligibility and seniority, but without monetary benefits or retroactive pay. No costs.
Final Disposition
Original petition dismissed; Tribunal order upheld; monetary benefits not awarded; no costs.

Parties to the Case

Appellants / Petitioners

  • Director of Technical Education, Directorate of Technical Education, Thiruvananthapuram-23, Kerala
  • Principal Secretary to Government, Higher Education Department, Government Secretariat, Thiruvananthapuram, Kerala
  • Senior Joint Director (PS), Office of the Director of Technical Education, Thiruvananthapuram-23, Kerala
  • Deputy Secretary to Government, Higher Education Department, Secretariat, Thiruvananthapuram
  • State of Kerala represented by its Chief Secretary, Secretariat, Thiruvananthapuram

Respondents

  • Chandrakumar N.A.
  • Sunil Kumar P.M.
  • Biju M.J.
  • Vinod E.
  • Bijoy George
  • Baburajan T.S.

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri B. Vinod (Sr. Government Pleader)
  • • Sri V. Ajith Narayanan (Advocate)

Counsels for Respondents

  • • Sri P.M. Joseph (Advocate)
  • • Sri V. Ajith Narayanan (Advocate)

Case Synopsis & Summary

This is an original petition under Articles 226 and 227 challenging the Kerala Administrative Tribunal’s order dated 7 January 2020 in T.A. No.2577/2012, which directed that respondents (1–6) who had acquired the B.Tech degree in Computer Engineering became eligible for notional promotion as Lecturers with effect from 4 March 2003 and be considered for Head of Section in Polytechnics. The State of Kerala and its officers argued that the delay in granting such promotions was due to normal administrative processes (DPCs, lists, objections, and vacancies) and that the petitioners’ order promoting from the date of the order (07/09/2004) was proper; they contended that monetary benefits should not be awarded. The respondents contended that the vacancies arose in 2000–2001, remained unfilled till 2003, and that promotion from 4 March 2003 would have been warranted if the delay had not occurred; they relied on the Special Rules for feeder categories and precedent that delay should not defeat employees’ rights. The High Court affirmed the Tribunal, holding there was unnecessary delay not attributable to the respondents, that the respondents were eligible from 4 March 2003, and that the Tribunal’s direction to grant notional promotion from that date was justifiable; the petition is dismissed with no costs."

Provisions of Law Cited

Articles 226 and 227 of the Constitution of IndiaKerala Technical Education Service Special Rules (GO(P) No.261/89/H.Edn, 19.12.1989)KERALA TECHNICAL EDUCATION SERVICE (AMENDMENT) RULES 1989

Legal Doctrines & Maxims

  • Date of vacancy is decisive for promotion, not the actual date of promotion (James Thomas v. Chief Justice, 1977 KLT 622; Varghese and others v. State of Kerala, 1981 KHC 148)
  • Demonstrator is a feeder category for Lecturer under the Special Rules (Girija R. Nair v. State of Kerala, O.P.No.34441/2000)
  • Normal rule that monetary benefits follow retrospective promotion where there is no fault of the officer (State of Kerala v. Bhaskaran Pillai, 2003 (1) KLT 60) – mentioned in context but not applied to grant monetary benefits in this case

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that there was an undue 18-month delay before the respondents were promoted to Lecturer, which deprived them of consequential benefits and seniority, and that the Department’s DPCs should be completed in a timely manner. They argued that the Special Rules recognize feeder categories and that the posts in question could be filled by transfer from feeder categories; they asserted that the delay was administrative and not the fault of the respondents, and that the Tribunal’s direction to grant notional promotion from 4 March 2003 was unwarranted given the normal rules and the need to maintain discipline and procedure.

Contentions of Respondents

The respondents contended that the vacancies arose in 2000–2001 and remained unfilled due to the normal administrative processes of preparation of provisional seniority lists, inviting objections, and finalisation; they argued that the DPC (Lower) notes recommended promotion with retrospective effect from 4 March 2003, but the actual order promoting from 7 September 2004 was in accordance with the Rules; they relied on the feeder-category principle and cited case law (including Girija R. Nair) to show Demonstrator could be a feeder category; they claimed there was no fault by the respondents and that the delay was not actionable against them.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
State of Kerala v. Bhaskaran Pillai2003 (1) KLT 60Mentioned OnlyCited to discuss the principle that monetary benefits may follow retrospective promotions where there is no fault by the officer; the court did not apply this rule to grant monetary benefits in this case.
James Thomas v. Chief Justice1977 KLT 622PositiveUsed to support the principle that the date of vacancy is decisive for promotion, not the date of actual promotion.
Varghese and others v. State of Kerala and others1981 KHC 148PositiveSupport for the vacancy-date principle reflected in Full Bench decisions.
Girija R. Nair v. State of KeralaO.P.No.34441/2000PositiveHeld that Demonstrator can be a feeder category; supports the argument that feeder categories are recognized under the rules.

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Extracted Judgment Text

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O.P.(KAT) No.55 of 2021 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943** ## **OP(KAT).No.55 OF 2021** **AGAINST THE ORDER IN TA 2577/2012 DATED 07-01-2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS IN TA:** - **1 THE DIRECTOR OF TECHNICAL EDUCATION DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM -23 KERALA.** - **2 THE PRINCIPAL SECRETARY TO THE GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA.** - **3 THE SENIOR JOINT DIRECTOR (PS) OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM - 23 KERALA.** - **4 THE DEPUTY SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.** - **5 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.** **BY SR.GOVERNMENT PLEADER SRI B.VINOD SRI. UNNIKRISHNA KAIMAL, GOVT.PLEADER** O.P.(KAT) No.55 of 2021 2 ## **RESPONDENTS/APPLICANTS IN TA:** |**1**|**CHANDRAKUMAR N.A.,**| |---|---| ||**LECTURER IN COMPUTER ENGINEERING, GOVERNMENT**| ||**POLYTECHNIC COLLEGE,**| ||**PERUMBAVOOR - 683 542.**| |**2**|**SUNIL KUMAR P.M.**| ||**LECTURER IN COMPUTER ENGINEERING,**| ||**GOVERNMENT POLYTECHNIC COLLEGE,**| ||**KADUTHURUTHY - 686 604.**| |**3**|**BIJU M.J.**| ||**LECTURER IN COMPUTER ENGINEERING,**| ||**GOVERNMENT POLYTECHNIC COLLEGE,**| ||**KORATTY - 680 308.**| |**4**|**VINOD E.**| ||**LECTURER IN COMPUTER ENGINEERING,**| ||**GOVERNMENT POLYTECHNIC COLLEGE,**| ||**CHERTHALA - 688 539.**| |**5**|**BIJOY GEORGE**| ||**LECTURER IN COMPUTER ENGINEERING,**| ||**GOVERNMENT POLYTECHNIC COLLEGE,**| ||**KALAMASSERY - 683 104.**| |**6**|**BABURAJAN T.S.**| ||**LECTURER IN COMPUTER ENGINEERING,**| ||**GOVERNMENT POLYTECHNIC COLLEGE, KUNNAMKULAM - 680**| ||**523.**| ||**R1-6 BY ADV. SRI.P.M.JOSEPH**| ||**ADV. SRI V.AJITH NARAYANAN**| **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 17-02-2021, THE COURT ON 08-04-2021 DELIVERED THE FOLLOWING:** O.P.(KAT) No.55 of 2021 3 ## **ALEXANDER THOMAS & T.R. RAVI, JJ. ------------------------------------------------** ## **O.P.(KAT) No.55 of 2021** [ _Arising out of order dated 7.1.2020 in T.A.No. 2577/12 of KAT, Ekm._ ] **--------------------------------------------------** ## **Dated this the 8[th] day of April, 2021 JUDGMENT** ## **T.R. RAVI, J.** The State and its Officers have filed this original petition being aggrieved by the order dated 7.1.2020 in T.A.No.2577 of 2012 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (Ernakulam Bench), whereby the application filed by the respondents seeking promotion as Lecturers with effect from the date of their passing B.Tech degree was allowed. 2. Heard Sri B.Vinod, learned Senior Government Pleader on behalf of the petitioners and Sri V.Ajith Narayanan learned counsel on behalf of the respondent. 3. Respondents 1, 3, 4 and 5 entered service as Demonstrators in Computer Engineering and the 2[nd] and 6[th] respondents entered service as Workshop Instructors in Computer Engineering on various dates during the years 1997 to 1999. All of them completed their period O.P.(KAT) No.55 of 2021 4 of probation and on 4.3.2003, all of them acquired the required qualification of B.Tech. degree in Computer Science for getting promotion as Lecturer in Polytechnic/equated categories. By Ext.P2 proceedings dated 12.8.2003 issued by the Directorate of Technical Education, the provisional gradation list of incumbents who had acquired B.Tech. degree upto 31.3.2003 and who were not yet promoted to the cadre of Lecturer in Polytechnics and equated categories, was finalised. The respondents were included in the said list pertaining to Computer Engineering, against ranks 8, 4, 7, 6, 9 and 5 respectively. Ext.P9 is the Notes for the Departmental Promotion Committee (Lower) that was to be held at 2.00 P.M on 22.12.2003 for selection to the post of Lecturers in General Polytechnics & Technical High Schools. It can be seen therefrom that there were 28 posts of Lecturers in Computer Engineering which were remaining vacant for want of qualified candidates. Nine out of the said vacancies had arisen on 21.3.2000, another nine vacancies on 26.6.2000 and the remaining 10 vacancies on 15.2.2001. The Notes recommended that the persons ranked 1 to 3 in the Ext.P2 final list are persons already in the feeder category as Assistant Lecturers and they can be given promotion by upgrading the posts with effect from 4.3.2003, the day on which they became qualified. It can be seen from Ext.P2 that the respondents had O.P.(KAT) No.55 of 2021 5 also become qualified on the very same day, that is, 4.3.2003. The Notes further recommended that the respondents and one Seena, who were the persons remaining in Ext.P2 list can be considered for the 7 vacancies that had arisen on 21.3.2000, with effect from 4.3.2003, on which day they became qualified. It can be seen from the notes of the DPC (Lower), that, all the respondents were recommended for notional promotion along with the other qualified hands, with retrospective effect from the date of acquisition of B.Tech. degree. However, ignoring the notes, the 3[rd] petitioner issued Ext.P10 order dated 7.9.2004, promoted the respondents only with effect from the date of the order. It is the contention of the respondents that there was an unjustified delay of 18 months in granting them promotion to the post of Lecturer which consequentially affected their promotion to the post of Head of Section in Polytechnics, since the same is based on 8 years of service as Lecturer. The representations submitted by the respondents for redressal of their grievance were not considered. The respondents thereupon approached this Court by filing W.P. (C)No.30576 of 2006 which was disposed of by Ext.P26 judgment dated 20.10.2006 directing the authorities to take a decision on the representations within a period of two months. Thereafter, the request made by the respondents were rejected by Ext.P37 order dated O.P.(KAT) No.55 of 2021 6 3.2.2007 stating that as per the Special Rules, the post of Lecturer does not come under the normal line of promotion and that the delay was only due to the normal administrative process, which involved the preparation of the provisional list, inviting objections, finalising the list etc. which was stated to be a time consuming process. Ext.P37 order rejecting the request was challenged in W.P.(C)No.11756 of 2007 which was transferred to the Tribunal and renumbered as T.A.No.2577 of 2012. 4. The Tribunal, after considering the contentions raised by the respondent and the petitioners, held that there was unnecessary delay in granting promotion to the respondents and directed the 2[nd] petitioner to take into consideration the fact that the respondents were entitled to be granted promotion from the date of occurrence of the vacancies against which they were proposed to be considered, and pass appropriate orders. It is aggrieved by the above direction that the petitioners have preferred this original petition. 5. The Special Rules for the Kerala Technical Education Service had been issued as per GO(P) No.261/89/H.Edn dated 19.12.1989. As per the Rules, the appointment to the post of Lecturer is to be by (i) transfer from the Kerala Technical Education Subordinate Service from the category of Instructor Grade 1 in Engineering O.P.(KAT) No.55 of 2021 7 colleges/Workshop Superintendent in Polytechnics /Superintendents of Technical High Schools, or, (ii) in the absence of qualified candidates under item (i) above, by transfer from the Kerala Technical Education Subordinate Service from the category of Assistant Lecturers/Instructor in Engineering/Draftsman Grade I/Foreman belonging to the branch of Engineering/Technology in which the vacancy exists, or, (iii) in the absence of candidates under items (i) and (ii) above, by transfer from any other service in the Technical Education Department, or, (iv) in the absence of qualified candidates in the items (i),(ii) and (iii), by direct recruitment. The qualification for appointment by transfer/promotion/direct recruitment to the post of Lecturer is a degree in the appropriate branch of Engineering with not less than 60% marks in the qualifying examination. However in the case of promotions from the feeder category, 60% marks will not be insisted. 6. During the years 2000 and 2001, vacancies arose in the post of Lecturers/First Grade Instructor in Computer Engineering as can be seen from Exhibit P9. These posts remained unfilled even in 2003. On 4.3.2003, the respondents acquired B.Tech degree in Computer Engineering and thus became qualified for the post of Lecturer in Computer Engineering. The DPC (lower) was convened for O.P.(KAT) No.55 of 2021 8 selection to the post of Lecturers and equated categories in General Polytechnics and Technical High Schools. In the Notes to the DPC (lower) produced as Ext.P9, it has been recommended that the respondents be given notional promotion to the post, which fell vacant on 21.3.2000, with effect from 4.3.2003, the day on which they became eligible. Three other candidates who had also become qualified on 4.3.2003, but were already working in the post of Assistant Lecturer, were recommended for promotion by upgradation of the Assistant Lecturers post. However, it can be seen from Exhibit P10, that while ordering promotion, it was ordered that the promotion will take effect only from 7.9.2004, the date of Exhibit P10 order. A Lecturer under the Kerala Technical Education Service can aspire for promotion to the post of Head of Section. Apart from a degree in the appropriate branch of Engineering, for the purpose of promotion as Head of Section, the candidate should have 8 years experience in Engineering profession, of which at least 3 years should be teaching experience as Lecturer for not below the diploma level in recognised approved institutions. If the respondents had been appointed as Lecturers with effect from 4.3.2003, the day on which they acquired the degree qualification, they would be eligible for promotion to the post of Head of Section on 4.3.2006. The grievance of the respondents is that by delaying their O.P.(KAT) No.55 of 2021 9 appointment to the post of Lecturer by 18 months, their promotion to the post of Head of Section also gets delayed by 18 months thereby affecting their further prospects. The respondents had pointed out that persons similarly situated as the respondents, who had also completed their B.Tech qualification on 4.3.2003, were given notional promotion with effect from 4.3.2003 and were subsequently promoted as Head of Section with effect from 7.3.2006, on completion of the required 3 years teaching experience. Reliance is also placed on the Division Bench judgment in **State of Kerala vs Bhaskaran Pillai** reported in [2003(1) KLT 60], wherein this Court had held that the normal rule must be that where there is no fault on the part of the officer concerned, he must be paid monitory benefits due to him, consequent to the retrospective promotion. In the said case, the Court was considering a situation where the juniors were promoted and inspite of representations being filed, the respondent in the said case was not granted promotion. Later promotion was granted on directions issued by the Court retrospectively, with effect from the date on which junior was promoted but monetary benefits were not granted. In the said circumstances, this Court held that the promotion was denied for no fault of the officer and held that he will be entitled to all the monitory benefits flowing from such promotion. In the case on hand, even O.P.(KAT) No.55 of 2021 10 though the respondents had prayed for retrospective promotion with effect from 4.3.2003 with all consequential benefits, the Tribunal had only directed to grant them notional promotion with effect from 4.3.2003, without any monitory benefits. It is admitted in the original petition that the DPC (lower) for preparing the select list for the vacancies in the post of Lecturer for the year 2003 was conducted only on 14.7.2004 and 24.7.2004. The delay in the conduct of the DPC cannot be attributed to the respondents. Except for justifying the delay on administrative reasons, the petitioners do not have a case that the respondents were not eligible for promotion on 4.3.2003. There is a feeble attempt made to contend that the category of Demonstrators is not a feeder category for promotion to the post of Lecturer, by stating that the post of Lecturer is not a direct promotion post for Demonstrator. In **James Thomas v. Chief Justice** reported in [1977 KLT 622], a Full Bench of this Court had held that what is relevant is the date on which the vacancy arose and not the date on which the actual promotion was made. A similar view was taken by another Full Bench of this Court in **Varghese and others vs State of Kerala and others** reported in [1981 KHC 148]. In the judgment dated 6.3.2003, in **Girija R.Nair v. State of Kerala** (O.P.No.34441 of 2000), produced as Ext.P39, which was also a case of a Demonstrator O.P.(KAT) No.55 of 2021 11 claiming promotion to the post of Lecturer, this Court had held that under the Special Rules, preference is given to the category specified as (i) over the category specified as (ii) and in the absence of candidates in the said categories, the category of Demonstrator will be eligible for the post of Lecturer. This Court held that the Demonstrator cannot be held ineligible for appointment and it is only a prescription of preference that is made in the rules. The Court further held that the term “feeder category” is not defined in the Special Rules and there is no provision which says that the categories (i) and (ii) alone are feeder categories. In the light of the above judgment, the petitioners can no longer contend that the post of Demonstrator is not a feeder category. 7. Even though the vacancy in this case is of the year 2000, the vacancies admittedly remained unfilled even in 2003, for want of qualified persons. It is not in dispute that appointments could have been made only in 2003, when the respondents became eligible. The notes to the DPC had recommended the case of the respondents for promotion with effect from 4.3.2003 on which day they became eligible. For no justifiable reasons, while issuing Exhibit P10 promotion orders, it is specified that the promotion will be with effect from the date of the order. It is in the circumstances that the Tribunal had found that there has been unnecessary delay in the grant of promotion which O.P.(KAT) No.55 of 2021 12 had affected the rights of the respondents for further promotion. The said finding is fully justified in the facts of the case. Other than the so called “unavoidable” administrative delay, there is no other substantial ground raised in the original petition. We do not find any reason to interfere with the order of the Tribunal in exercise of the extraordinary/supervisory jurisdiction under Articles 226 and 227 of the Constitution of India. The original petition fails and is dismissed. In the circumstances of the case, there will be no order as to costs. Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **T.R. RAVI, JUDGE** dsn O.P.(KAT) No.55 of 2021 13 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** ## **ANNEXURE A1** - **PHOTO COPY OF THE ABOVE T.A.NO.2577/2012 ALONG WITH THE ANNEXURES.** - **EXHIBIT P1 TRUE COPY OF THE B.TECH DEGREE CERTIFICATE ISSUED FROM THE UNIVERSITY OF CALICUT TO THE 1ST PETITIONER.** - **EXHIBIT P2 TRUE COPY OF THE ORDER NO.EG1/1392/03 DATED 12/08/2003 INCLUDED WITH THE FINAL SENIORITY LIST.** - **EXHIBIT P3 TRUE COPY OF THE B.TECH DEGREE CERTIFICATE ISSUED FROM THE UNIVERSITY OF CALICUT TO THE 2ND PETITIONER.** - **EXHIBIT P4 TRUE COPY OF THE B-TECH PROVISIONAL DEGREE CERTIFICATE ISSUED FROM THE UNIVERSITY OF CALICUT TO THE 3RD PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE STATING ABOUT THE DATE OF ACQUISITION OF QUALIFICATION ISSUED BY THE UNIVERSITY OF CALICUT TO THE 3RD PETITIONER.** - **EXHIBIT P6 TRUE COPY OF THE B.TECH PROVISIONAL DEGREE CERTIFICATE TO THE 4TH PETITIONER.** - **EXHIBIT P7 TRUE COPY OF THE B.TECH PROVISIONAL DEGREE CERTIFICATE ISSUED FROM THE UNIVERSITY OF CALICUT TO THE 5TH PETITIONER.** - **EXHIBIT P8 TRUE COPY OF THE B.TECH PROVISIONAL DEGREE CERTIFICATE ISSUED FROM THE UNIVERSITY OF CALICUT TO THE 6TH PETITIONER.** - **EXHIBIT P9 TRUE COPY OF THE NOTES FOR DPC (L) DATED 22/12/2003.** - **EXHIBIT P10 TRUE COPY OF THE PROMOTION ORDER NO.EC5/26314/04/DTE DATED 07/09/2004** O.P.(KAT) No.55 of 2021 14 **ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF THE KERALA TECHNICAL EDUCATION SERVICE (AMENDMENT) RULES 1989.** - **EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 05/01/2005 BY THE 1ST PETITIONER TO THE SENIOR JOINT DIRECTOR (PS) DIRECTORATE OF TECHNICAL EDUCATION.** - **EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 01/11/2016 BY THE 1ST PETITIONER TO THE SENIOR JOINT DIRECTOR (PS) DIRECTORATE OF TECHNICAL EDUCATION.** - **EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 24/12/2004 BY THE 2ND PETITIONER TO THE 1ST RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 03/01/2005 BY THE 3RD PETITIONER TO THE SENIOR JOINT DIRECTOR (PS) DIRECTORATE OF TECHNICAL EDUCATION.** - **EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 27/09/2006 BY THE 3RD PETITIONER TO THE SENIOR JOINT DIRECTOR (PS) DIRECTORATE OF TECHNICAL EDUCATION.** - **EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 04/01/2004 BY THE 4TH PETITIONER TO THE 1ST RESPONDENT.** - **EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED 10/03/2003 BY THE 5TH PETITIONER TO THE SENIOR JOINT DIRECTOR (PS) DIRECTORATE OF TECHNICAL EDUCATION.** - **EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 13/11/2004 BY THE 6TH PETITIONER TO THE 1ST RESPONDENT.** - **EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 26/10/2006 BY THE 1ST PETITIONER TO THE RESPONDENTS 1 & 2.** - **EXHIBIT P21 TRUE COPY OF THE REPRESENTATION DATED 26/10/2006 BY THE 2ND PETITIONER TO THE** O.P.(KAT) No.55 of 2021 15 **RESPONDENTS 1 & 2.** **EXHIBIT P22 TRUE COPY OF THE REPRESENTATION DATED 26/10/2006 BY THE 3RD PETITIONER TO THE RESPONDENTS 1 & 2.** - **EXHIBIT P23 TRUE COPY OF THE REPRESENTATION DATED 26/10/2006 BY THE 4TH PETITIONER TO THE RESPONDENTS 1 & 2.** - **EXHIBIT P24 TRUE COPY OF THE REPRESENTATION DATED 26/10/2006 BY THE 5TH PETITIONER TO THE RESPONDENTS 1 & 2.** **EXHIBIT P25 TRUE COPY OF THE REPRESENTATION DATED 26/10/2006 BY THE 6TH PETITIONER TO THE RESPONDENTS 1 & 2.** - **EXHIBIT P26 TRUE COPY OF THE JUDGMENT DATED 20/10/2006 IN WP(C) NO.30576/2006 BY THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P27 TRUE COPY OF THE ARGUMENT NOTE BY THE 1ST PETITIONER.** - **EXHIBIT P28 TRUE COPY OF THE ARGUMENT NOTE BY THE 2ND PETITIONER.** - **EXHIBIT P29 TRUE COPY OF THE ARGUMENT NOTE BY THE 3RD PETITIONER.** - **EXHIBIT P30 TRUE COPY OF THE ARGUMENT NOTE BY THE 4TH PETITIONER.** - **EXHIBIT P31 TRUE COPY OF THE ARGUMENT NOTE BY THE 5TH PETITIONER.** - **EXHIBIT P32 TRUE COPY OF THE ARGUMENT NOTE BY THE 6TH PETITIONER.** - **EXHIBIT P33 TRUE COPY OF THE ORDER NO.EC5/30059/2000 DTE DATED THIRUVANANTHAPURAM 25/11/2000.** - **EXHIBIT P34 TRUE COPY OF THE ORDER 25638/01 DATED THIRUVANANTHAPURAM 15/10/2001.** **EXHIBIT P35 TRUE COPY OF THE APPROVAL ORDER NO.A2/1078/2003 RDTEC DATED 26/08/2004, JOINT DIRECTOR, REGIONAL DIRECTORATE, KOZHIKODE.** O.P.(KAT) No.55 of 2021 16 - **EXHIBIT P36 TRUE COPY OF THE ORDER NO.A2/908/2006 RDTEC DATED 12/05/2006 FROM THE JOINT DIRECTOR, REGIONAL DIRECTORATE, KOZHIKODE.** - **EXHIBIT P37 TRUE COPY OF THE COMMON ORDER NO.35422/L3/06/HEDN. DATED THIRUVANANTHAPURAM 03/02/2007.** - **EXHIBIT P38 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA REPORTED IN 2003(1) KLT, 60.** - **ANNEXURE A2 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF THE 1ST AND 3RD RESPONDENTS.** - **ANNEXURE A3 REPLY AFFIDAVIT OF THE PETITIONER AGAINST THE COUNTER AFFIDAVIT OF RESPONDENTS 1 AND 3.** - **EXHIBIT P39 TRUE COPY OF THE JUDGMENT DATED 06/03/2003 IN O.P.NO.34441/2000 OF THE HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P40 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.1634/ADV.C3/99/P&ARD DATED TVM 18/02/1999.** - **EXHIBIT P41 TRUE COPY OF THE TRANSFER ORDER NO.EC5/13871/06 DATED 20/05/2006.** - **EXHIBIT P42 TRUE COPY OF THE ORDER NO.16090/2007/H.EDN. DATED 01/09/2007.** - **EXHIBIT P43 TRUE COPY OF THE LETTER NO.D.O.NO.EG1/4393/2006/DTE DATED 12/02/2007.** - **EXHIBIT P44 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.19305/RULES/96/P&ARD DATED THIRUVANANTHAPURAM 15/12/1999.** - **EXHIBIT P45 TRUE COPY OF THE DPC (L) MINUTES DATED 30/07/2001.** - **EXHIBIT P46 TRUE COPY OF THE G.O.(P) NO.344 DATED THIRUVANANTHAPURAM, 22ND AUGUST, 1966.** O.P.(KAT) No.55 of 2021 17 - **EXHIBIT P47 TRUE COPY OF THE G.O.(RT) NO.1241/03/H.EDN. DATED TVM 28/08/2003.** - **ANNEXURE A4 A TRUE COPY OF THE I.A.TO ACCEPT ADDITIONAL DOCUMENTS ALONG WITH EXHIBITS.** - **EXHIBIT P48 TRUE COPY OF THE JUDGMENT DATED 21/07/2006 IN O.P.NO.13227/1998 OF HON'BLE HIGH COURT OF KERALA.** - **EXHIBIT P49 TRUE COPY OF THE RELEVANT PAGES OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF THE STATE AND DIRECTOR OF TECHNICAL EDUCATION IN WP(C) NO.30519/2006.** - **EXHIBIT P50 TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) NO.160/77/GAD TRIVANDRUM DATED 02/06/1977.** - **EXHIBIT P51 TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) NO.349/81/GAD, TRIVANDRUM DATED 17/10/1981.** **ANNEXURE A5 A TRUE COPY OF THE ORDER DATED 07/01/2020 IN TA.NO.2577/2012 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.**