OP(KAT) Nos. 143/2022 & 186/2022, High Court of Kerala

## **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.** **WEDNESDAY, THE 24[TH] DAY OF AUGUST 2022 / 2ND BHADRA, 1944** **OP(KAT) NO. 143 OF 2022** **AGAINST THE ORDER DATED 31.01.2022 IN OA (EKM) 743/2020 OF KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 TO 5 IN O.A:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY , DEPARTMENT OF HEALTH & FAMILY WELFARE ,GOVERNMENT SECRETARIAT ,THIRUVANANTHAPURAM, KERALA.** - **2 THE DIRECTOR OF MEDICAL EDUCATION DIRCTORATE OF MEDICAL EDUCATION ,MEDICAL COLLEGE .P O,THIRUVANANTHAPURAM – 695014,KERALA.** - **3 THE DIRECTOR COOPERATIVE ACADEMY OF PROFESSIONAL EDUCATION (CAPE ), CORPORATION BANK TOWER ,VIKAS BHAVAN .-P.O, THIRUVANANTHAPURAM ,KERALA – 695033** - **4 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE ,KALAMASSERY,HMT COLONY ,KOCHI – 683503, KERALA.** - **5 THE SPECIAL OFFICER GOVERNMENT MEDICAL COLLEGE ,KALAMASSERY ,HMT COLONY ,KOCHI – 683503, KERALA.** ## **BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH, SR** ## **RESPONDENTS/APPLICANT AND 6TH RESPONDENT IN O.A:** - **1 DR FIROZ AHAMMED .A AGED 33 YEARS S/O M. ABDUL SALIM , JUNIOR RESIDENT /LECTURER,** :2: OP(KAT).Nos.143 & 186 of 2022 **DEPARTMENT OF GENERAL SURGERY, GOVERNMENT MEDICAL COLLEGE, KALAMASSERY, HMT COLONY, KOCHI ,683503** **RESIDING AT SAMEER MANZIL, P.V NORTH, THAZHAVA P.O, KARUNAGAPPALLI TALUK , KOLLAM ,KERALA ., PIN – 690523** **2 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY , THIRUVANANTHAPURAM, PIN – 695004** **BY ADVS. SRI.T.C.GOVINDA SWAMY SHRI.P.C.SASIDHARAN, SC, KPSC SRI.ABDUL SALIM M. SRI.KALA T.GOPI SRI.N.N.SUGUNAPALAN (SR.)** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH OP(KAT).186/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** :3: OP(KAT).Nos.143 & 186 of 2022 ## **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.** **WEDNESDAY, THE 24[TH] DAY OF AUGUST 2022 / 2ND BHADRA, 1944 OP(KAT) NO. 186 OF 2022** **AGAINST THE ORDER DATED 31.01.2022 IN OA (EKM) 886/2019 OF** **KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 TO 4 IN O.A:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001, KERALA** - **2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001, KERALA** - **3 THE DIRECTOR DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN – 695011, KERALA** - **4 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY, ERNAKULAM, PIN – 683503, KERALA** **BY ADV GOVERNMENT PLEADER SRI.ANTONY MUKKATH, SR** :4: OP(KAT).Nos.143 & 186 of 2022 ## **RESPONDENTS/APPLICANTS IN O.A:** - **1 LAIJU PAUL S/O K.V. PAILY, AGED 29 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503, RESIDING AT KAKKETHU HOUSE, OORAMANA P.O., MUVATTUPUZHA, ERNAKULAM, KERALA, PIN – 686663** - **2 ARUNYA V. NATH, D/O VISHWANATHAN N., AGED 27 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT ALAPPUTTUVELI, MUHAMMA P.O., ALAPPUZHA, PIN – 688525, KERALA** - **3 ANU THAMPY W/O SHIJO GEORGE, AGED 34 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MULLOOR, S H MOUNT P.O., KOTTAYAM, PIN – 686006, KERALA** - **4 SEMEERA K.S W/O KABEER, AGED 33 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULM - 683 503 RESIDING AT POOVATHUMVEETTIL HOUSE, PALLARIMANGALAM P.O., ADVADU, ERNAKULAM, PIN – 690107, KERALA** - **5 DEVIKA NAIR. R W/O REJI P.R., AGED 28 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT PERUMPALLIKKARA HOUSE, RAMAKKALMETTU P.O., IDUKKI, PIN – 688552, KERALA** ## **6 MANJUSHA R** - **W/O RINKU RATHEESH, AGED 33 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT SIVA SANAKARA HOUSE, KACHERIPPADY, ERNAKULAM, PIN – 683513, KERALA** - **7 REEJA. M RAJAN, W/O VISHNU, AGED 27 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MECHERIPARAMBIL, KARAMALLOOR P.O.,** :5: OP(KAT).Nos.143 & 186 of 2022 ## **MANAKKAPADY, ERNAKULAM, PIN – 683511, KERALA** - **8 BINI JOHN W/O ANUJ VARGHESE, AGED 33 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT PAINUTHARA HOUSE, KADAVANTHARA, ERNAKULAM, PIN – 682020, KERALA** - **9 ANJU N.T W/O SUNEESH M.K., AGED 29 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT NADUVILAKATTIL HOUSE, VADAKODU P.O.,ERNAKULAM KANGARAPADY, PIN – 682021, KERALA** - **10 REMYA KUMARI V.** - **W/O KRISHNAKUMAR, AGED 33 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT NEDIYAMPARAMBIL HOUSE, OLAKETTIYAMABALAM P.O., MAVELIKKARA, ALAPPUZHA, PIN – 690510, KERALA** - **11 BIBI MOL BABU** - **W/O ANTONY GEORGE, AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT OZHATHIL HOUSE, CHEMBALAM P.O., KALLUR, IDUKKI, PIN – 685553, KERALA** - **12 SOORYA ABRAHAM** - **W/O JIMMY T. CHACKO, AGED 35 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT THYKKALLU HOUSE, HMT COLONY P.O., KALAMASSERY, ERNAKULAM, PIN – 683503, KERALA** - **13 INDHU SREENIVASAN W/O SUNIL KUMAR, AGED 36 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT SANTHI BHAVAN, NEEDNDOOR P.O., KOTTAYAM, PIN – 686601, KERALA** - **14 ANUMOL JOY W/O DEEPU JOHN AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT** :6: OP(KAT).Nos.143 & 186 of 2022 **THUZHUTHEDATH HOUSE, MULAKULAM P.O., NUMAKUZHI, KOTTAYAM, PIN – 688664, KERALA** ## **15 VINEETH V.S** - **S/O VIKRAMAN NAIR, AGED 28 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT RAJASUDHA, CHEMPANAKODE, AMBELLATHINAKALA P.O., KATTAKADA, TRIVANDRUM, PIN – 695572, KERALA** ## **16 MANSOOR K.M** - **S/O MYTHEEN KUNJU, AGED 34 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT KIZHAKKANAI HOUSE, IRAMALLOOR P.O., KUTTILANJI, KOTHAMANGALAM, ERNAKULAM, PIN – 686691, KERALA** **17 JISHA VINU W/O VINU, AGED 34 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MALIYEKKAL HOUSE, KOORKENCHERI P.O., THRISSUR, PIN – 680007, KERALA** - **18 BIJU M.B S/O M.K. BALAKRISHNAN, AGED 33 YEARS, SAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MATTUMMEL HOUSE, VADAKKEKARA P.O., CHITTETTUKARA, NORTH PARAVOOR, ERNAKULAM, PIN – 683522, KERALA** ## **19 SULU N.S** **W/O RINSHAD, AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT NEEROZHUKUNGAL HOUSE, U.C. COLLEGE P.O., ALUVA, ERNAKULAM, PIN – 683102, KERALA** - **20 SHINTU GEORGE** **W/O BENSON VARGHESE, AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT CHIRAPURAYIDAM HOUSE, MUMMOD P.O., CHANGANASSERY, KOTTAYAM, PIN – 686101, KERALA** :7: OP(KAT).Nos.143 & 186 of 2022 ## **21 MARY DISNY P.B** - **W/O V.R. JOSE, AGED 43 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT VELUTHEDATH HOUSE, ST. FRANCIS ZAVIERS CHURCH ROAD, KALLOOR, ERNAKULAM, PIN – 680007, KERALA** - **22 GIRLY P.G W/O SAJIMON, AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT PUTHUVAL NIKARTH, VAYALAR EAST P.O., ALAPPUZHA, PIN – 688536, KERALA** - **23 SANGEETHA THOMAS W/O VARGHESE M.D., AGED 36 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MALAYIL HOUSE, EDAKATTUVAYAL P.O., ARAKKUNNAM (VIA), ERNAKULAM, PIN – 682313, KERALA** - **24 NISHA RAJAN** **W/O SUJITH AGED 28 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT PUTHUKALLATHIL HOUSE, EDAKATTUVAYAL P.O., ARAKKUNNAM (VIA), ERNAKULAM, PIN – 682313, KERALA** ## **25 PRATHIBHA UNNIKRISHNAN** - **W/O ANUP A., AGED 35 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MOOLEVADAKETHI HOUSE, PUZHAVATHU, CHANGANASSERY P.O., KOTTAYAM, PIN – 686101, KERALA** - **26 ASHA P.P** - **W/O RAJEEV, AGED 31 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM, PIN – 683503 RESIDING AT PEEDIKACHIRA, VARANAM P.O., ALAPPUZHA-688555, KERALA** - **27 AISWARYA. S** **W/O SAJEESH, AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT AISWARYA NIVAS, NORTH ARYADU P.O., ALAPPUZHA, PIN – 688538, KERALA** :8: OP(KAT).Nos.143 & 186 of 2022 ## **28 RAFZAL T.E** **S/O EBRAHIM KUTTY, AGED 31 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT THOOPPILLY HOUSE, MARAMPALLY P.O., ALUVA, ERNAKULAM, PIN – 683105, KERALA** ## **29 ASHA A.K** **W/O NOJI, AGED 40 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT ANAPPARA HOUSE, KODANOD P.O., KURICHILAKAD, ERNAKULAM, PIN – 643217, KERALA** - **30 PREETHY THOMAS** **W/O SIJO GEORGE, AGED 34 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT VELLACKAIKUDIYIL HOUSE, KUTHURUZHI, KOTHAMANGALAM, ERNAKULAM, PIN – 686691, KERALA** **31 JIBIN JOHN S/O JOHN K.T., AGED 30 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT KOIMAKKADU HOUSE, MANJUMMEL P.O., UDYOGAMANDAL, ERNAKULAM, PIN – 683501, KERALA** **32 SEBASTIAN S/O VARGHESE T.A., AGED 32 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT PANANCHICKEL HOUSE, KYNTHIRAPPANTHI WARD, THIRUVAMBAPDI P.O., ALAPPUZHA, PIN – 688002, KERALA** - **33 NIBU JACOB** **S/O JACOB, AGED 33 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT AIKKARAKUDY HOUSE, VENGOLA P.O., ARAKKAPADY, PERUMBAVOOR, ERNAKULAM, PIN – 683554, KERALA** **34 JIBY JOY S/O JOY, AGED 34 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT CHAKKUNGEL HOUSE, KARUKAPPILLY P.O., KOLENCHERY, ERNAKULAM, PIN – 682311, KERALA** :9: OP(KAT).Nos.143 & 186 of 2022 - **35 DIVYA JOHN** **W/O SIJO VARGHESE, AGED 33 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT MADATHUMKUDY HOUSE, MYTHRI NAGAR - 116, ANGAMALY P.O., ERNAKULAM, PIN – 683572, KERALA** - **36 ANIL ALEYES** **S/O ALEYEES, AGED 32 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT THONDUNGAL HOUSE, KEERAM PARA P.O., KOTHAMANGALAM, ERNAKULAM, PIN – 686681, KERALA** **37 SUNI K.S S/O SOMASEKHARAN, AGED 41 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT SARANYA, S. N. PURAM P.O., CHERTHALA, ALAPPUZHA, PIN – 688524, KERALA** **38 PRASEETHA K D/O KRISHNANKUTTY, AGED 32 YEARS, STAFF NURSE, GOVERNMENT MEDICAL COLLEGE, ERNAKULAM - 683 503 RESIDING AT ANURAG HOUSE, VADACKAL P.O., ALAPPUZHA, PIN – 688003, KERALA** **BY ADVS. SMT.MOLTY MAJEED SRI.GEORGE POONTHOTTAM (SR.) SRI. C.A.MAJEED, ADDL.CGSC(CG-59) SRI.K.H.ASIF(K/478/2007) SRI.P.B.UNNIKRISHNAN NAIR(K/445/2012) SRI.RUBEN GEORGE ROCK(K/636/2014)** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH OP(KAT).143/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** :10: OP(KAT).Nos.143 & 186 of 2022 ## **JUDGMENT** ## **A.K.Jayasankaran Nambiar, J.** As both these OP(KAT)'s preferred by the State impugn the common order dated 31.01.2022 in O.A.No.743 of 2020 and O.A.No.886 of 2019 respectively, they are taken up for consideration together and disposed by this common judgment. 2. The brief facts necessary for the disposal of these OP(KAT)'s are as follows: The applicants before the Tribunal were Junior Residents/Staff Nurses appointed on contract basis in the erstwhile Ernakulam Medical College under the management of the Co-operative Academy of Professional Education (CAPE). The said establishment was taken over by the Government with effect from 17.12.2013 (Annexure -A2). It is not in dispute that at the time of takeover of the establishment by the Government, the applicants before the Tribunal were working on :11: OP(KAT).Nos.143 & 186 of 2022 contract basis in the establishment, and thereafter, at the time of approaching the Tribunal, the applicants continued to be engaged on contract basis by the establishment which subsequently came to be known as the Government Medical College, Ernakulam. The applicants were essentially aggrieved by the order dated 05.04.2017 (Annexure A- 16), rejecting the representations preferred by them seeking absorption into regular service in the establishment, against the 315 posts that were created by the Government through the Government Order dated 24.03.2016 (Annexure A-9). It was their contention before the Tribunal that the chronology of events that led to the takeover of the college by the Government, and the subsequent creation of posts to accommodate contract appointees through the Government Order dated 24.03.2016, clearly indicated that the creation of posts was for the specific purpose of absorbing those who were under contract appointment with the establishment at the time of creation of the posts. It was, therefore, their case that the rejection of their representation by the Government was illegal and liable to be set aside. 3. The Tribunal, which went into the matter found, after examining the background of the takeover of the institution by the Government, conferment of the status of “stand alone” specifically for the purposes of effecting integration of the existing employees, :12: OP(KAT).Nos.143 & 186 of 2022 subsequent creation of necessary posts for integration of the existing contractual/daily wage employees, integration of similarly situated incumbents, legitimate expectation of the applicants for being absorbed into the Government service, and the estoppel that would result against the Government if they reneged from the promise of integration, that the claim of the applicants before the Tribunal had to succeed. The Tribunal, therefore, allowed the O.A's and directed the Government to absorb the applicants in Government service in the Department of Medical Education at the Government Medical College, Ernakulam subject to their eligibility based on the qualification which each of them had as on the date of takeover of the Medical college by the Government, namely, 07.12.2013. The Government was also directed to issue appointment orders to the applicants against the respective posts with effect from 04.03.2016, which was the date of the Government Order that created the 315 posts for accommodating the contract appointees. 4. Before us, it is the contention of Sri.Antony Mukkath, the learned Senior Government Pleader, appearing on behalf of the petitioners that the Tribunal erred in directing an absorption of the applicants based on Annexure-A9 order of the Government read with Annexure -A17 earlier order of the Tribunal. With specific reference to :13: OP(KAT).Nos.143 & 186 of 2022 Annexure-A9 order of the Government, it is his contention that the Government Order did not contemplate any absorption of persons such as the applicants before the Tribunal, and the said order merely contemplated the creation of posts for the smooth running of the college. It is his further contention that the creation of posts is at the discretion of the Government, and it is also within the discretion of the Government to decide the manner and time for filling up of posts, and in the instant case the Government had decided to fill the posts through the Public Service Commission and to continue the services of the contract appointees till such time as regular appointments were made to the newly sanctioned posts. He would also highlight that but for the Government Order, the applicants could not have made any claim for regularisation since their claim would be hit by the principles laid down by the Supreme Court in **Secretary, State of Karnataka v. Umadevi [2006 (4) SCC 1]** . 5. Per contra, it is the submission of the learned Senior counsel Sri. N.N. Sugunapalan and Sri. George Poonthottam appearing for the respondents/applicants that the terms of Annexure-A9 Government Order dated 24.03.2016 are specific when it refers to the creation of posts for the purposes of accommodating the contract appointees at the Government Medical College, Ernakulam. It is their contention that :14: OP(KAT).Nos.143 & 186 of 2022 when the Government Order recognised the need for absorption of the contract appointees and created posts specifically for the said purpose, it was not thereafter open to the Government to take a different stand when it came to implementation of the said Government Order. The findings of the Tribunal are sought to be justified on the said contention. 6. On a consideration of the rival submissions and on a perusal of the pleadings before us, we are of the view that for the reasons that are to follow, these OP(KAT)'s must necessarily fail. As rightly pointed out by the learned counsel for the respondents, Annexure-A9 Government Order clearly states that the creation of 315 posts was with a view to accommodate the contract/daily wage appointees at the erstwhile Medical College run by the Co-operative Academy of Professional Education, which has since come to be known as the Government Medical College, Ernakulam. The Government Order also contains a schedule indicating the posts that were created and the scales of pay attached to those posts. In our view, when the Government Order creating the posts was with the specific objective of accommodating the contract/daily wage appointees who were working in the establishment at the time of its takeover by the Government, and also continuing to work on the said basis at the time of Annexure-A9 order that created :15: OP(KAT).Nos.143 & 186 of 2022 the posts, then the Government was obliged to appoint the applicants immediately on the formalities being completed for the purposes of making those appointments as promised. On the facts of the instant case, we find the subsequent stand taken by the Government to be hit by the principle of estoppel and also as offending the basic principle of fairness in action that is to inform Governmental actions vis-a-vis a citizen. As rightly noticed by the Tribunal in the order impugned in these OP(KAT)'s, the chronological series of events that led to the creation of posts unambiguously indicated that it was only persons such as the applicants who could be appointed to those posts and hence the Government could not have taken a stand to the contrary after taking a conscious decision to accommodate the contract/daily wage appointees on regular basis. In the result, we see no reason to interfere with the order of the Tribunal impugned in these OP(KAT)'s save to the limited extent of postponing the appointment of the applicants to the posts in question by a period of six months from the date of Annexure-A9 Order. The said deferment of the appointment is in view of the specific Clause in Annexure-A9 that provides for a reasonable time for the Government to pass consequential orders based on Annexure-A9 for appointing the contract/daily wage employees. We also make it clear that the :16: OP(KAT).Nos.143 & 186 of 2022 directions in this judgment are issued only in relation to the applicants before the Tribunal who are the respondents in these OP(KAT)'s and to those among them who were working as contract appointees/daily wage appointees on (i) the date of the takeover of the college by the Government, (ii) on the date of Annexure-A9 order of the Government, and (iii) thereafter, till the date of this judgment. The OP(KAT)'s are disposed as above. Sd/- ## **A.K.JAYASANKARAN NAMBIAR JUDGE** Sd/- **MOHAMMED NIAS C.P. JUDGE** mns :17: OP(KAT).Nos.143 & 186 of 2022 ## **APPENDIX OF OP(KAT) 143/2022** ## **PETITIONER ANNEXURES** ## **ANNEXURE A1** **A TRUE COPY OF THE LETTER BEARING NO. RIE (3) 9102/17/GW DATED 22.04.2020 ISSUED BY THE 6TH RESPONDENT.** **ANNEXURE A2** **A TRUE COPY OF THE ORDER BEARING NO. G.O. (MS.) 488/2013/H&FWD DATED 17/12/2013 ISSUED BY THE 1ST RESPONDENT.** ## **ANNEXURE A3** - **A TRUE COPY OF THE ORDER BEARING NO. E23636/2012/CAPE/5024 DATED 26.11.2012 ISSUED BY THE 3RDRESPONDENT.** ## **ANNEXURE A4** - **A TRUE COPY OF THE ORDER BEARING NO. E23636/2012/CAPE/5020 DATED 26.11.2012 ISSUED BY THE 3RDRESPONDENT.** ## **ANNEXURE A5** - **A TRUE COPY OF THE ORDER BEARING NO. E518281/2012/CMC/4282 DATED 04.12.2012 ISSUED BY THE 4TH RESPONDENT.** ## **ANNEXURE A6** - **A TRUE COPY OF ORDER BEARING NO. E514206/2011/CMC/4280 DATED 14.12.2012 ISSUED BY THE 4TH RESPONDENT.** ## **ANNEXURE A7** - **A TRUE COPY OF THE ORDER BEARING NO. E21490/2013/CAPE/1746 DATED 03.05.2013 ISSUED BY THE 3RD RESPONDENT.** - **ANNEXURE A8** **A TRUE COPY OF THE ORDER BEARING NO. G.O. (RT.) NO. 2347/15/H&FWD DATED 22.07.2015 ISSUED BY THE 1ST RESPONDENT.** :18: OP(KAT).Nos.143 & 186 of 2022 ## **ANNEXURE A9** **A TRUE COPY OF THE ORDER BEARING G.O.(MS.) NO. 71/2016/H & FWD DATED 04.03.2016 ISSUED BY THE 1ST RESPONDENT.** - **ANNEXURE A10** **A TRUE COPY OF LETTER BEARING NO. E32554/2015/GMC DATED 10.06.2016 ISSUED BY THE 5TH RESPONDENT.** - **ANNEXURE A11** - **A TRUE COPY OF LETTER BEARING NO. RIA (3) 12257/13/GW DATED 14.07.2016 ISSUED BY THE 6TH RESPONDENT.** - **ANNEXURE A12 A TRUE COPY OF ORDER BEARING NO. E351685/2016/DHS DATED 28.07.2016 ISSUED BY THE DIRECTOR OF HEALTH SERVICES.** - **ANNEXURE A13 A TRUE COPY OF THE LETTER BEARING NO. E518281/GMC/2016 DATED 07.09.2016 ISSUED BY THE 4TH RESPONDENT ALONG WITH THE APPLICANTS REQUEST DATED 05.09.2016 SUBMITTED TO THE 4TH RESPONDENT.** - **ANNEXURE A14** - **A TRUE COPY OF THE ORDER DATED 01.09.2016 IN O.A.(EKM) NO. 1326/2016 RENDERED BY THE HON'BLE TRIBUNAL.** - **ANNEXURE A15** - **A TRUE COPY OF THE REPRESENTATION DATED 31.08.2016 REFERRED TO IN ANNEXURE A14.** - **ANNEXURE A16 A TRUE COPY OF THE ORDER BEARING NO. G.O. (RT.) NO. 1010/2017/H&FWD DATED 05.04.2017 ISSUED BY THE 1STRESPONDENT.** - **ANNEXURE A17 A TRUE COPY OF THE ORDER DATED 16TH NOV. 2018 IN O.A.(EKM) NO. 1077/2017 RENDERED BY THE HON'BLE TRIB4UNAL.** - **ANNEXURE R1A TRUE COPY OF THE GOVERNMENT ORDER NO. G.O. (MS.) NO. 15/2015/H&FWD DATED 27.01.2015.** :19: OP(KAT).Nos.143 & 186 of 2022 ## **ANNEXURE R1B** - **TRUE COPY OF THE GOVERNMENT LETTER NO. E15920/2014/GMC/3231 DATED 03.06.2015.** - **ANNEXURE R1 C TRUE COPY OF THE GOVERNMENT ORDER NO. G.O. (RT.) NO. 199/2016/H&FWD DATED 19.01.2016.** - **ANNEXURE A 18 A TRUE COPY OF THE NEET-PG-2021 SCORE CARD INDICATING THE MARKS SCORED BY THE APPLICANT.** - **ANNEXURE A 19 A TRUE COPY OF THE NOTICE DATED 12TH OCTOBER, 2021 PUBLISHED BY THE NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES, NEW DELHI INDICATING THE CUT-OFF SCORES.** - **ANNEXURE A 20 A TRUE COPY OF THE ORDER BEARING NO. DME/4670(2)/2020-B2 DATED 31.10.2021 ISSUED BY THE 2NDRESPONDENT.** - **ANNEXURE A 21 A TRUE COPY OF THE REPRESENTATION DATED 03.11.2021 ADDRESSED TO THE 4TH RESPONDENT. [ANNEXURES A18 TO A21 ARE PRODUCED ALONG WITH M.A.(EKM) NO. 172 OF 2021].** **EXHIBIT P1** - **A PHOTOCOPY OF THE ORIGINAL APPLICATION NO. 743/2020 ALONG WITH ANNEXURES.** - **EXHIBIT P2 A PHOTOCOPY OF THE REPLY STATEMENT .** - **EXHIBITP3** - **A PHOTOCOPY OF THE REJOINDER STATEMENT OF THE APPLICANT IN THE O.A.** - **EXHIBIT P4 A PHOTOCOPY OF THE REPLY STATEMENT OF THE 6TH RESPONDENT IN THE ABOVE O.A.** **EXHIBIT P5** - **A PHOTOCOPY OF THE MISCELLANEOUS APPLICATION, M.A. (EKM) NO. 1712/2021** :20: OP(KAT).Nos.143 & 186 of 2022 ## **EXHIBIT P6** **A PHOTOCOPY OF THE ORDER DATED 31.01.2022 IN O.A.(EKM) NO. 743/2020.OF THE KAT THIRUVANANTHAPURAM** **EXHIBIT P7** - **EXHIBIT P8** - **APPOINTMENT ORDER NO E2/3636/2012/CAPE/5019 DATED 26.11.2012 OF THE COOPERATIVE ACDEMY OF PROFESSIONAL EDUCATION .THIRUVANANTHAPURAM APPOINTMENT ORDER NO E2/1490/2013/CAPE DATED 07.12.2013.OF THE COOPERATIVE ACDEMY OF PROFESSIONAL EDUCATION .THIRUVANANTHAPURAM** - **EXHIBIT P9 A PHOTOCOPY OF THE JUDGMENT DATED 09.01.2020 IN O.P.(KAT) NO. 176/2019 OF THE HIGH COURT OF KERALA** - **EXHIBIT P10** - **A PHOTOCOPY OF THE JUDGMENT DATED 27.09.2018 IN O.P.(KAT) NO. 348/2018 OF THE HIGH COURT OF KERALA** ## **RESPONDENT EXHIBITS** **EXHIBIT-R1(A) A TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.2622/2022 DATED 27.01.2022.** - **EXHIBIT-R1(B) A TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN WRIT APPEAL NO.163/2022 DATED 02.02.2022.** **EXHIBIT-R1(C) A TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.2622/2022 DATED 18.02.2022.** **EXHIBIT-R1(D)** **A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 7502/2022 DATED 22.04.2022.** :21: OP(KAT).Nos.143 & 186 of 2022 ## **APPENDIX OF OP(KAT) 186/2022** ## **PETITIONER ANNEXURES** ## **Annexure A1** **TRUE COPY OF THE ORDER DATED 17.12.2013 WHEREBY IT WAS DECIDED TO TAKE OVER THE COOPERATIVE MEDICAL COLLEGE BY THE 1ST RESPONDENT (G.O. (MS.) NO. 488/2013/H&FWD.** - **Annexure A2 TRUE COPY OF THE MINUTES OF THE HIGH LEVEL MEETING HELD ON 06.08.2014 NO. 8953/B3/2014/ CO-OP.** **Annexure A3** - **TRUE COPY OF THE ORDER DATED 27.01.2015 CREATING 350 POSTS TO INTEGRATE PERMANENT HANDS. G.O.(MS.) NO. 15/2015/H&FWD** **.** - **Annexure A4 TRUE COPY OF THE ORDER DATED 04.03.2016 CREATING 315 POSTS TO INTEGRATE TEMPORARY HANDS INCLUDING CONTRACT AND DAILY WAGE EMPLOYEES.** - **Annexure A5 TRUE COPY OF THE ORDER DATED 05.05.2017 WHEREBY ADDITIONAL 108 POSTS WERE CREATED. (G.O.(MS.) NO. 72/2017/H&FWD)** - **Annexure A6** - **TRUE COPY OF THE REPRESENTATION DATED 05.06.2017 SUBMITTED TO THE 1ST RESPONDENT.** - **Annexure A7** **TRUE COPY OF THE FINAL ORDER DATED 16.11.2018 IN O.A.(EKM) NO. 1077/2017 OF THIS HON'BLE TRIBUNAL.** - **Annexure A8** **TRUE COPY OF G.O.(RT.) NO. 828/2019/ H&FWD DATED 02.04.2019.** - **Annexure A9** **TRUE COPY OF THE PROPOSAL DATED 02.11.2017** :22: OP(KAT).Nos.143 & 186 of 2022 ## **SUBMITTED BY THE 4TH RESPONDENT.** **Annexure R1(a) TRUE COPY OF THE MINUTES OF THE COMMITTEE HELD ON 17.04.2015** - **Annexure R1(b) TRUE COPY OF THE G.O.(RT.)NO. 199/2016/H&FWD DATED 19.01.2016.** **Annexure R1(c) TRUE COPY OF LETTER NO. S1/53/2017-HEALTH DATED 08.01.2018.** **Annexure A10 A PHOTOCOPY OF D.O. LETTER NO. 17707/S1/2015-HEALTH DATED 19.08.2019.** **Annexure A11 A PHOTOCOPY OF D.O. LETTER NO. E35020/2016/GMCE DATED 03.09.2019 (ANNEXURES A10 AND A11 ARE PRODUCED ALONG WITH M.A. (EKM) NO. 1832/2019).** **Exhibit P1 A PHOTOCOPY OF THE O.A. (EKM) NO. 886/2019 ALONG WITH ANNEXURES.** **Exhibit P2 A PHOTOCOPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT.** - **Exhibit P3 A PHOTOCOPY OF THE MISCELLANEOUS APPLICATION** **Exhibit P4 A PHOTOCOPY OF THE REJOINDER TO THE REPLY STATEMENT FILED BY THE FIRST RESPONDENT IN THE ORIGINAL APPLICATION.** **Exhibit P5 A PHOTOCOPY OF THE MEMO ALONG WITH THE DECISION DATED 10.12.2019.** - **Exhibit P6 A PHOTOCOPY OF THE ABOVE ORDER DATED 31.01.2022 IN O.A.(EKM) NO. 886/201** :23: OP(KAT).Nos.143 & 186 of 2022 |**Exhibit P7**|**A PHOTOCOPY OF THE JUDGMENT DATED**| |---|---| ||**09.01.2020 IN O.P.(KAT) NO. 176/2019**| |**Exhibit P8**|**A PHOTOCOPY OF THE JUDGMENT DATED**| ||**27.09.2018 IN O.P.(KAT) NO. 348/2018**|