OP(KAT) Nos. 123 & 103 of 2022, High Court of Kerala (Ernakulam)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 22ND DAY OF JULY 2022 / 31 ST ASHADHA, 1944 OP(KAT) NO. 123 OF 2022** **AGAINST THE ORDER IN OA (EKM) 555/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** **PETITIONERS/REVIEW APPLICANTS IN R.A.(EKM) NO.10/2022/THIRD PARTIES IN OA(EKM)NO.555 OF 2021 OF THE TRIBUNAL :** 1 MEHABOOB P.M., S/O.P.M.ISMAIL SAHIB AGED 54 YEARS, OVERSEER GRADE 1, PEN NO.182541M OVERSEER GRADE 1, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRICULTURE), ANAYRA P.O., THIRUVANANTHAPURAM-695029 RESIDING AT MUHABATH, DARSHANA ROAD, VALICODE, NEDUMANGAD P.O., THIRUVANANTHAPURAM, PIN - 695549 2 ANILKUMAR V., S/O.VASUDEVAN ACHARY AGED 49 YEARS, WELDER, AGRICULTURE DEPARTMENT, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRICULTURE) KAVANAD P.O., KOLLAM-691 003 RESIDING AT MADATHIL KIZHAKKATHIL, ULIYACOVIL P.O., KOLLAM, PIN - 691019 BY ADVS. B.MOHANLAL P.S.PREETHA SHINE N.S KARTHIK J SEKHAR OP(KAT) 123 & 103 of 2022 2 ## **RESPONDENTS/RESPONDENTS AND APPLICANT IN R.A.(EKM) NO.10/2022/APPLICANT AND RESPONDENTS IN O.A.(EKM) NO.555/2021 OF THE TRIBUNAL:** 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, AGRICULTURE (E.A.) DEPARTMENT, SECRETARIAT REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, PIN - 682031 2 THE DIRECTOR, AGRICULTURAL DEVELOPMENT AND FARMERS WELFARE DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033 3 DILEEP KUMAR P.R., S/O.RAJAN P.R. AGED 44 YEAR, MECHANIC, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, KOTHAMANGALAM, ERNAKULAM-686 666, DEPARTMENT OF AGRICULTURE DEVELOPMENT & FARMERS WELFARE, RESIDING AT PULICKALPUTHENPURA HOUSE, MARKET P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 686673 4 PREM KUMAR T.S., S/O.SATHYAVAN AGED 52 YEARS, MECHANIC, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, ANGAMALY, ERNAKULAM-683 572 RESIDING AT THURAVUKALA, MATTOOR, KALADY P.O., ERNAKULAM, PIN - 683574 BY ADVS. S.MUHAMMED HANEEFF RAMAKRISHNAN P MARY BEENA JOSEPH BY SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 18.07.2022, ALONG WITH OP(KAT).103/2022, THE COURT ON 22.7.2022 DELIVERED THE FOLLOWING: OP(KAT) 123 & 103 of 2022 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** # **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 22ND DAY OF JULY 2022 / 31 ST ASHADHA, 1944 OP(KAT) NO. 103 OF 2022** **AGAINST THE ORDER IN OA (EKM) 555/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 & 2 IN OA(EKM):** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, AGRICULTURE(E.A) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM., PIN - 695001 2 THE DIRECTOR AGRICULTURAL DEPARTMENT AND FARMERS WELFARE DEPARTMENT ,VIKAS BHAVAN , THIRUVANANTHAPURAM., PIN - 695033 BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN ## **RESPONDENTS/APPLICANT/ADDITIONAL 3RD RESPONDENT IN** ## **OA(EKM):** 1 PREMKUMAR T S S/O. SATHYAN ,MECHANIC , OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, ANGAMALY,ERNAKULAM-683572,RESIDING AT THURAVUKALA ,MATTOOR,KALADY P.O., ERNAKULAM -, PIN - 683574 2 DILEEPKUMAR P R S/O RAJAN P R,MECHANIC, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, KOTHAMANGALAM, ERNAKULAM DISTRICT-686666, OP(KAT) 123 & 103 of 2022 4 DEPARTMENT OF AGRICULTURE DEVELOPMENT & FARMERS WELFARE,RESIDING AT PULICKALPUTHENPURA HOUSE,MARKET P O,MUVATTUPUZHA, ERNAKULAM, PIN – 686673 (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 01.10.2021 IN MA(EKM) 1505/2021 BY ADVS. P.RAMAKRISHNAN S.MUHAMMED HANEEFF PREETHI RAMAKRISHNAN (P-212) M.H.ASIF ALI PRATAP ABRAHAM VARGHESE T.C.KRISHNA(K/000802/1990) C.ANIL KUMAR(K/000906/1993) ASHA K.SHENOY(K/000576/1999) GOKUL KRISHNA(K/001228/2022) THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 18.07.2022, ALONG WITH OP(KAT).123/2022, THE COURT ON 22.7.2022 DELIVERED THE FOLLOWING: OP(KAT) 123 & 103 of 2022 5 **“C.R.”** **A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ -----------------------------------------** OP(KAT) Nos. 123 & 103 of 2022 -------------------------------------------Dated this the 22[nd] day of July 2022 ## **JUDGMENT** ## Mohammed Nias.C.P., J. These original petitions (KAT) are filed against the order in OA (EKM) 555 of 2021 dated 15.12.2021. OP(KAT) 103 of 2022 is filed by the State of Kerala and its officials, while OP(KAT)123 of 2022 is filed by those persons who unsuccessfully filed a review against the impugned judgment before the Tribunal. 2. The applicant in OA No.555 of 2021, a Mechanic in the Agricultural Development and Farmers Welfare Department, a post which is included as a feeder category for promotion as Assistant Engineer (Agriculture), approached the Tribunal against the nonfilling up of three vacancies of Assistant Engineer (Agriculture) available for promotion. Earlier, the qualification and method of appointment to the post of Assistant Engineer (Agriculture) was laid down as per executive orders dated 7.3. 1990 **,** Annexure A1, which was later amended as per Annexure A2 order dated 05.05.1993. Alleging that the applicant was included in Annexure OP(KAT) 123 & 103 of 2022 6 A3 select list of the employees eligible for promotion in the year 2012 and stating that vacancies have arisen on 31.05.2017, 30.04.2019 and 05.11.2020, the appellant sought convening of the Department Promotion Committee (DPC) for effecting promotion. While so, the Special Rules, namely the Agricultural State Services Special Rules, 2021 was brought into force as per notification dated 12.02.2021 and the applicant contended that the said Rules are only prospective and cannot be invoked to fill up those vacancies in existence prior to its coming into force. 3. The Government filed a statement stating that four vacancies of Assistant Engineer (Agriculture) was available in the Department, out of which one was reported to the Public Service Commission for direct recruitment in tune with the ratio of 3:1 and that three vacancies are remained to be filled up through promotion. 4. The additional third respondent who subsequently got impleaded in the original application contended that those vacancies are to be filled up through promotion on the basis of the seniority and eligibility and questioned the provisional seniority list that was in existence at that point of time 5. The Tribunal after hearing both sides held that since it OP(KAT) 123 & 103 of 2022 7 is not disputed that the vacancies had arisen prior to the coming into force of Special Rules, they are to be filled in accordance with Annexure A1 and Annexure A2 executive orders which held the field at the time when the vacancies arose. Accordingly, the Government was directed to ensure that the DPC is convened to carry out the promotions in tune with the select list to be filled up. A review was carried against the said order of the Tribunal by the petitioner in OP(KAT) 123 of 2022, but was rejected.. 6. The petitioners in OP(KAT) 123 of 2022 filed a review before the Tribunal pointing out the judgment of the Supreme Court in **State of Himachal Pradesh and Ors v. Raj Kumar and Ors.** [JT 2022(5) SC 516] and contending that promotions are to be made by resorting to the Special Rules and not by Annexure A1 and Annexure A2 executive orders. The Tribunal dismissed the review following the judgment in **Mohanan v. Director of Homeopathy** [2006 (3) KLT 641] and also finding that there was no intention by the authority to fill up the already existing vacancies by resorting to the Special Rules. 7. Since both these original petitions arise from the same order, they are taken up together and disposed by a common judgment. OP(KAT) 123 & 103 of 2022 8 8. We have heard Sri.Bijoy Chandran, the learned Government Pleader, Sri.Mohanlal for the petitioners in OP(KAT) 123 of 2022,Sri.P.Ramakrishnan for the 3[rd] respondent and Sri.Mohammed Haneef for the 4[th] respondent. 9. It is not disputed that three vacancies are available for promotion and they arose on 31.5.2017, 30.04.2019 and 11.5.2020. It is also not disputed that the Special Rules have come into force on 12.2.2021. The essential dispute in the present case is the manner in which these vacancies are to be filled up for promotion, namely, whether under the executive orders, Annexure A1 and Annexure A2 or by the Special Rules, Annexure A7. 10. The learned Government Pleader as well as the learned counsel for the petitioners in OP(KAT) 123 of 2022 submits that this dispute is no longer _res integra_ after the judgment of the Supreme Court in **State of Himachal Pradesh and Ors** (supra). After surveying all the decisions that were considered by the Supreme Court in **Y.V.Rangaiah v. Sreenivasa Rao** [1983 (3) SCC 284, which held that the vacancies that arose when the old Rules were in force will be governed by the old Rules, the court found the said view to be untenable and proceeded to overrule **Y.V.Rangaiah** (supra). It OP(KAT) 123 & 103 of 2022 9 was found that there is no right for the employee outside the Rules governing the service. When the subsequent Rules come and there is no provision in the said Rules to enable any employee to be considered as per old Rules, the matter must end there and reiterated that the rights and obligations of the persons serving the Union and the States are to be sourced from the Rules governing their services. 11. The learned counsel for the 4[th] respondent in OP(KAT)123 of 2022 however argued on the basis of Rules 28(bb) of Part II KS&SSR, which is extracted hereunder:- “28(bb) **Promotion which depends upon the passing of any examination** .- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotion is taken up.” 12. It is argued on the basis of the said Rules, that as per the relevant Rules the conditions at the time of occurrence of vacancies is to be considered and not at the time when the question of promotion is taken up and therefore, that has to be followed and not the dictum laid down in **State of Himachal Pradesh and Ors** (supra). We are not impressed OP(KAT) 123 & 103 of 2022 10 with the said argument. Rule 28(bb) can only be construed as a general rule whereas in the case on hand there is a special rule which deal with the manner of promotion. In view of the authoritative pronouncement of the Supreme Court in **State of Himachal Pradesh and Ors** (supra) we are not inclined to accept the contention that Rule 28(bb) must be construed to be a departure or that the dictum laid down in the said judgment is distinguishable. 13. It is also significant that the State had not committed itself to filling up the existing vacancies based on the old Rules. It is trite that the mere existence of vacancies does not confer any right on qualified employees to seek appointment to the said vacancies. It is open to the State to decide, as a matter of policy, that the vacancies should be filled only in accordance with the new Rules. This is more so when we are told that the new Rules were in a draft stage for a considerable period of time before they finally came into force. 14. We also hold that the decision in **Mohanan** (supra) cannot be taken as good law in view of the judgement of the supreme Court in **State of Himachal Pradesh and Ors** (supra) as the Full Bench of this Court had relied on the judgment in **Y.V.Rangaiah (supra)** to come to the conclusion OP(KAT) 123 & 103 of 2022 11 that the promotion has to be on the basis of the old rules when the vacancy fell prior to the coming into force of the amended Rules. This cannot be accepted as the said judgment relied on by this Court has been expressly overruled in **State of Himachal Pradesh and Ors** (supra). In the light of the discussion above, we have no hesitation to hold that the Tribunal was in error in directing the promotion on the basis of Annexure A1 and Annexure A2 orders which stood replaced by the Special Rules. Promotion had to be effected only under the Special Rules. Accordingly, OP(KAT) 103 of 2022 at the instance of the State of Kerala as well as OP(KAT) 123 of 2022 are to be allowed and OA (EKM)No.555 of 2021 will stand dismissed. Sd/- ## **A.K.JAYASANKARAN NAMBIAR, JUDGE** Sd/- **MOHAMMED NIAS C.P., JUDGE** dlk 18.7.2022 OP(KAT) 123 & 103 of 2022 12 ## **APPENDIX OF OP(KAT) 103/2022** PETITIONERS ANNEXURES ANNEXURE A1:TRUE COPY OF G.O.(MS) NO.57/90/AD DATED 07/03/1990 ISSUED BY THE 1ST RESPONDENT ANNEXURE A2:TRUE COPY OF G.O.(MS) NO.105/93/AGRI DATED 05/05/1993 ANNEXURE A3:TRUE COPY OF NOTIFICATION NO.SB(3)8412/2010 DATED 23/03/2012 PUBLISHED BY THE 2ND RESPONDENT ANNEXURE A4:TRUE COPY OF THE LETTER DATED 10/10/2019 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT NO.AGRIEA1/416/2018-AGRI ANNEXURE A5:TRUE COPY OF REPRESENTATION DATED 26/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ANNEXURE A6:TRUE COPY OF SENIORITY LIST ISSUED AS PER NO. SH(1)33424/18 DATED 02/02/2021 ANNEXURE A7:TRUE COPY OF KERALA AGRICULTURE STATE SERVICE SPECIAL RULES 2021 PUBLISHED AS PER NOTIFICATION NO.G.O(P)NO.3/2021/AGRI DATED 12/02/2021 ANNEXURE R3(A):A TRUE COPY OF THE CERTIFICATE DATED 17/06/2013 ISSUED BY THE STATE BOARD OF TECHNICAL EXAMINATIONS ANNEXURE R3(B): A TRUE COPY OF THE REPRESENTATION DATED 08.02.2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT THROUGH PROPER CHANNEL ANNEXURE R3(C):A TRUE COPY OF THE COMMUNICATION DATED 10/02/2021 FROM THE PRINCIPAL AGRICULTURAL OFFICER ERNAKULAM TO THE 2ND RESPONDENT ANNEXURE R3(D):A TRUE COPY OF THE ORDER DATED 04/08/2021 IN OA(EKM) NO. 1241/2021 EXHIBIT P1: TRUE COPY OF THE OA(EKM) 555/2021 ALONG WITH ITS ANNEXURES EXHIBIT P2:TRUE COPY OF THE INTERIM ORDER DATED 30/11/2021 EXHIBIT P3:TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT DATED 15/12/2021 OP(KAT) 123 & 103 of 2022 13 EXHIBIT P4:TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE ADDITIONAL 3RD RESPONDENT DATED 15/12/2021 ALONG WITH ITS ANNEXURES EXHIBIT P5:TRUE COPY OF ORDER IN OA(EKM) NO.555/2021 DATED 15/12/2021 OP(KAT) 123 & 103 of 2022 14 ## **APPENDIX OF OP(KAT) 123/2022** PETITIONERS ANNEXURES - Annexure-A1 THE TRUE COPY OF G.O.(MS)NO:57/90/AD DATED 07/03/1990 ISSUED BY THE 1ST RESPONDENT - Annexure-A2 THE TRUE COPY OF G.O.(MS)NO:105/93/AGRI DATED 05/05/1993 ISSUED BY THE 1ST RESPONDENT - Annexure-A3 THE TRUE COPY OF THE NOTIFICATION NO:SB(3)8412/2010 DATED 23/03/2012 PUBLISHED BY THE 2ND RESPONDENT. - Annexure-A4 THE TRUE COPY OF THE LETTER NO:AGRI.EA1/416/2018-AGRI. DATED 10/10/2019 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT - Annexure-A5 THE TRUE COPY OF THE REPRESENTATION DATED 26/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. - Annexure-A6 THE TRUE COPY OF THE SENIORITY LIST ISSUED AS PER ORDER NO:SH(1)33424/18 DATED 02/02/2021. Annexure-A7 THE TRUE COPY OF THE KERALA AGRICULTURE STATE SERVICE SPECIAL RULES 2021 PUBLISHED AS PER NOTIFICATION G.O. (P)NO:3/2021/AGRI DATED 12/02/2021. Annexure-R3(A) THE TRUE COPY OF THE CERTIFICATE DATED 17/06/2013 ISSUED BY THE STATE BOARD OF TECHNICAL EXAMINATIONS. Annexure-R3(B) THE TRUE COPY OF THE REPRESENTATION DATED 08/02/2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT THROUGH PROPER CHANNEL. Annexure-R3(C) THE TRUE COPY OF THE COMMUNICATION DATED 10/02/202 FROM THE PRINCIPAL AGRICULTURAL OFFICER, ERNAKULAM TO THE 2ND RESPONDENT. Annexure-R3(D) THE TRUE COPY OF THE ORDER DATED 04/08/2021 IN O.A.(EKM)NO:1241/2021 FILED OP(KAT) 123 & 103 of 2022 15 BEFORE THE TRIBUNAL. ||BEFORE THE TRIBUNAL.| |---|---| |Annexure-RA(1)|COPY OF THE ORDER DATED 15/12/2021 IN| ||O.A.(EKM)NO:555/2021 OF THE KERALA| ||ADMINISTRATIVE TRIBUNAL,| ||THIRUVANANTHAPURAM, ADDITIONAL BENCH,| ||ERNAKULAM| |Annexure-RA(2)|THE TRUE COPY OF THE ORDER NO:| ||DTD(1)790/89 DATED 22/03/1997 ISSUED BY| ||THE DISTRICT OFFICER, P.S.C.,| ||THIRUVANANTHAPURAM TO THE 1ST REVIEW| ||APPLICANT.| |Annexure-RA(3)|THE TRUE COPY OF THE ORDER NO:| ||DTD(1)5423/92 DATED 03/03/2000 ISSUED BY| ||THE DISTRICT OFFICER, P.S.C.,| ||THIRUVANANTHAPURAM TO THE 2ND REVIEW| ||APPLICANT.| |Annexure-RA(4)|THE TRUE COPY OF THE ORDER NO:E(2)4273/97| ||DATED 24/04/1997 ISSUED BY THE PRINCIPAL| ||AGRICULTURAL OFFICER, THIRUVANANTHAPURAM| ||TO THE 1ST REVIEW APPLICANT.| |Annexure-RA(5)|THE TRUE COPY OF THE ORDER| ||NO:E(2)3460/2000 DATED 08/04/2000 ISSUED| ||BY THE PRINCIPAL AGRICULTURAL OFFICER,| ||THIRUVANANTHAPURAM TO THE 2ND REVIEW| ||APPLICANT.| |Annexure-RA(6)|THE TRUE COPY OF THE ORDER NO:E(2)4273/97| ||DATED 26/05/1998 ISSUED BY THE PRINCIPAL| ||AGRICULTURAL OFFICER, THIRUVANANTHAPURAM| ||TO THE 1ST REVIEW APPLICANT.| |Annexure-RA(7)|THE TRUE COPY OF THE ORDER NO:| ||(2)3460/2000 DATED 08/06/2001 ISSUED BY| ||THE PRINCIPAL AGRICULTURAL OFFICER,| ||THIRUVANANTHAPURAM TO THE 2ND REVIEW| ||APPLICANT.| |Annexure-RA(8)|THE TRUE COPY OF THE ORDER NO:E(2)4273/97| ||DATED 2/06/1999 ISSUED BY THE PRINCIPAL| ||AGRICULTURAL OFFICER, THIRUVANANTHAPURAM| ||TO THE 1ST REVIEW APPLICANT.| |Annexure20|THE TRUE COPY OF THE ORDER| ||NO:E(2)4801/2002 DATED 21/10/2003 ISSUED| OP(KAT) 123 & 103 of 2022 16 ||BY THE PRINCIPAL AGRICULTURAL OFFICER,| |---|---| ||THIRUVANANTHAPURAM TO THE 2ND REVIEW| ||APPLICANT.| |Annexure-RA(10)|THE TRUE COPY OF THE CERTIFICATE DATED| ||15/05/2000 IN DIPLOMA IN MECHANICAL| ||ENGINEERING ISSUED BY THE JOINT| ||CONTROLLER OF TECHNICAL EXAMINATIONS| ||(KERALA) TO THE 1ST REVIEW APPLICANT.| |Annexure-RA(11)|THE TRUE COPY OF THE ORDER NO:S.H.| ||(1)25848/2002 DATED 16/01/2003 ISSUED BY| ||THE 2ND RESPONDENT PROMOTING THE 1ST| ||REVIEW APPLICANT. TO THE POST OF II GRADE| ||OVERSEER.| |Annexure-RA(12)|THE TRUE COPY OF THE ORDER| ||NO:AE(4)1023/05 DATED 10/02/2006 ISSUED| ||BY THE ASSISTANT EXECUTIVE ENGINEER| ||THIRUVANANTHAPURAM TO THE PRINCIPAL| ||AGRICULTURE OFFICER, THIRUVANANTHAPURAM.| |Annexure-RA(13)|THE TRUE COPY OF THE ORDER NO:E(2)6029/06| ||DATED 22/06/2007 ISSUED BY THE PRINCIPAL| ||AGRICULTURAL OFFICER, THIRUVANANTHAPURAM| ||TO THE 1ST REVIEW APPLICANT.| |Annexure-RA(14)|THE TRUE COPY OF THE DRAFT RULES ISSUED| ||BY THE 2ND RESPONDENT AS PER| ||COMMUNICATION NO.SB(1)7422/09 DATED| ||27/12/2011 TO THE GENERAL SECRETARY,| ||ASSOCIATION OF AGRICULTURAL ENGINEERING| ||STAFF, KERALA.| |Annexure-RA(15)|THE TRUE COPY OF THE ORDER| ||NO:S.H(1)3835/13 DATED 24/08/2013 OF THE| ||SENIOR ADMINISTRATIVE OFFICER ATTACHED TO| ||THE OFFICE OF THE 2ND RESPONDENT.| |Annexure-RA(16)|THE TRUE COPY OF THE APPLICATION DATED| ||05/02/2018 SUBMITTED BY THE 1ST REVIEW| ||APPLICANT BEFORE THE PRINCIPAL SECRETARY| ||AND AGRICULTURE PRODUCTION COMMISSIONER,| ||GOVERNMENT OF KERALA THROUGH PROPER| ||CHANNEL.| |Annexure-RA(17)|THE TRUE COPY OF THE G.O.| ||(MS)NO:94/2018/AGRICULTURE DATED| OP(KAT) 123 & 103 of 2022 17 18/07/2018 ISSUED BY THE 1ST RESPONDENT. Annexure-RA(18) THE TRUE COPY OF THE ORDER DATED 31/07/2018 IN O.A.NO:755/2018 OF THIS TRIBUNAL. Annexure-RA(19) THE TRUE COPY OF THE ORDER NO:A.E(1)517/2020 DATED 05/11/2020 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER (AGRI), MALAPPURAM TO THE 1ST REVIEW APPLICANT. Annexure-RA(20) THE TRUE COPY OF THE ORDER NO:S.H(1)33424/18 DATED 02/02/2021 ISSUED BY THE 2ND RESPONDENT Annexure-RA(21) THE TRUE COPY OF THE APPLICATION DATED 15/02/2021 SUBMITTED THE 1ST REVIEW APPLICANT BEFORE THE 2ND RESPONDENT THROUGH PROPER CHANNEL Annexure-RA(22) THE TRUE COPY OF THE APPLICATION DATED 16/02/2021 SUBMITTED THE 2ND REVIEW APPLICANT BEFORE THE 2ND RESPONDENT THROUGH PROPER CHANNEL Annexure-RA(23) THE TRUE COPY OF THE APPLICATION DATED 22/02/2021 SUBMITTED THE 1ST REVIEW APPLICANT BEFORE THE 2ND RESPONDENT THROUGH PROPER CHANNEL Annexure-RA(24) THE TRUE COPY OF THE CIRCULAR NO:ADFW/1683/2020-SB3 DATED 18/03/2021 ISSUED BY THE 2ND RESPONDENT. Annexure-RA(25) THE TRUE COPY OF THE APPLICATION DATED 24/08/201 SUBMITTED BY SMT.PREETHA.R.S. BEFORE THE 1ST RESPONDENT AND ITS REPLY NO:ADFW/6712/2021-SB3 DATED 25/09/2021 ISSUED UNDER RIGHT TO INFORMATION ACT. Annexure-RA(26) THE TRUE COPY OF THE APPLICATION DATED 11/09/2021 SUBMITTED THE 1ST REVIEW APPLICANT BEFORE THE 1ST RESPONDENT THROUGH PROPER CHANNEL Annexure-RA(27) THE TRUE COPY OF THE APPLICATION DATED 08/02/2022 SUBMITTED THE 2ND REVIEW APPLICANT BEFORE THE 2ND RESPONDENT OP(KAT) 123 & 103 of 2022 18 ||THROUGH PROPER CHANNEL| |---|---| |Annexure-RA(28)|THE TRUE COPY OF THE APPLICATION DATED| ||15/02/2022 SUBMITTED THE 1ST REVIEW| ||APPLICANT BEFORE THE 2ND RESPONDENT| ||THROUGH PROPER CHANNEL| |Annexure-RA(29)|THE TRUE COPY OF THE APPLICATION DATED| ||16/02/2022 SUBMITTED THE 2ND REVIEW| ||APPLICANT BEFORE THE 2ND RESPONDENT| ||THROUGH PROPER CHANNEL.| |Exhibit-P1|THE TRUE COPY OF THE ORDER IN O.A.| ||(EKM)NO:555/2021 DATED 15/12/2021 OF THE| ||KERALA ADMINISTRATIVE TRIBUNAL,| ||ADDITIONAL BENCH ERNAKULAM.| |Exhibit-P2|THE CERTIFIED COPY OF THE ORDER IN| ||R.A.NO:10/2022 IN O.A.(EKM)NO:555/2021| ||DATED 01/04/2022 OF THE KERALA| ||ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH| ||ERNAKULAM| |Exhibit-P3|THE TRUE COPY OF O.A.(EKM)NO:555/2021| ||FILED BEFORE THE KERALA ADMINISTRATIVE| ||TRIBUNAL, ADDITIONAL BENCH ERNAKULAM| |Exhibit-P4|THE TRUE COPY OF M.A.(EKM)NO:1505/2021 IN| ||O.A.(EKM)NO:555/2021 DATED 23/09/2021| ||FILED BY 4TH RESPONDENT BEFORE THE| ||LEARNED TRIBUNAL| |Exhibit-P5|THE TRUE COPY OF THE REPLY STATEMENT AND| ||ANNEXURES FILED BY THE 3RD RESPONDENT| ||DATED 09/12/2021 BEFORE THE LEARNED| ||TRIBUNAL.| |Exhibit-P6|THE TRUE COPY OF THE STATEMENT DATED| ||08.12.2021 FILED BY THE 2ND RESPONDENT| ||BEFORE THE TRIBUNAL| |Exhibit-P7|THE TRUE COPY OF THE MEMORANDUM OF REVIEW| ||APPLICATION (EKM) NO:10/2022 IN O.A.| ||(EKM)NO:555/2021 FILED BEFORE THE KERALA| ||ADMINISTRATIVE TRIBUNAL, ADDITIONAL| ||BENCH, ERNAKULAM DATED 07/03/2022.| |Exhibit-P8|THE TRUE COPY OF THE JOINT APPLICATION| ||FILED BY THE PETITIONERS IN R.A(EKM)| OP(KAT) 123 & 103 of 2022 19 NO.10/2022 IN O.A(EKM) NO.555/2021 Exhibit-P9 THE TRUE COPY OF THE LEAVE APPLICATION FILED BY THE PETITIONERS IN R.A(EKM) NO.10/2022 IN O.A(EKM) NO.555/2021 Exhibit-P10 THE TRUE COPY OF STAY PETITION FILED BY THE PETITIONERS IN R.A(EKM) NO.10/2022 IN O.A(EKM) NO.555/2021 Exhibit-P11 THE TRUE COPY OF THE INTERIM ORDER DATED 07.04.2022 IN O.P(KAT) NO.103/2022 OF THIS HON'BLE COURT.