OP(KAT) Nos. 184, 186, 242, 250, 252 & 424 of 2018 (High Court of Kerala, Ernakulam)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 9[TH] DAY OF JUNE 2021 / 19TH JYAISHTA, 1943** **OP(KAT) NO. 184 OF 2018** **AGAINST THE ORDER DTD. 6.4.2018 IN OA 2128/2016 OF KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** ## **PETITIONERS/APPLICANTS:** ## **1 ABRAHAM DANIEL** **AGED 51 YEARS,S/O.P.B.DANIEL,INSECT** **COLLECTOR,DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICE,P.H.C.CAMPUS KOODALLOOR.PO, KOTTAYAM, RESIDING AT KUNNUMPURATH HOUSE, MALLOOSSERY.P.O,KOTTAYAM-686041.** **2 BENNY P.KURUVILLA AGED 50 YEARS,S/O.P.I.KURUVILLA,FIELD ASSISTANT,DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH** **SERVICE,P.H.C.CAMPUS,KOODALLOOR.PO,KOTTAYAM,RESIDI NG AT PARANGOT HOUSE,AREEPARAMPU PO,KOTTAYAM686501.** - **3 RAJEEV.S.R** **AGED 39 YEARS,FIELD WORKER,DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICE, KOODALLOOR.PO,KOTTAYAM,RESIDING AT PO THIRUVANANTHAPURAM-695523.** - **4 SHAJUMON.C** **AGED 36 YEARS,S/O.K.V.CHANDRAN,FIELD WORKER DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICE,KOODALLOR.P.O,KOTTAYAM,RESIDING AT KUZHIKKADA** **HOUSE,CLAPPANA.P.O,KARUNAGAPPALLY,KOLLAM,KERALA690525.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 2 **BY ADVS.SRI.KALEESWARAM RAJ SMT.RIYA RAYMOL IYPE SRI.VARUN C.VIJAY** ## **RESPONDENTS/RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE,SECRETARIAT,THIRUVANANTHAPURAM,KERALA695001.** - **2 THE DIRECTOR OF HEALTH SERVICES O/O.THE DIRECTOR OF HEALTH SERVICES GENERAL HOSPITAL,JUNCTION,VANCHIYOOR PO,THIRUVANANTHAPURAM,KERALA-695035.** - **3 ADDITIONAL DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES,GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM,KERALA695035.** - **4 THE DISTRICT MEDICAL OFFICER HEALTH OFFICE OF THE DISTRICT MEDICAL OFFICER,CIVIL STATION,ALAPPUZHA,KERALA-688001.** - **5 THE DISTRICT MEDICAL OFFICER HEALTH OFFICE OF THE DISTRICT MEDICAL OFFICER,CIVIL STATION,KOTTAYAM,KERALA-686001.** - **6 SHAN.S** **S/O.SHAUDEEN.A,AGED 30,RESIDING AT EDIKKAMARAMVALALIL,ADINADU SOUTH,KATTILKADAVU PO,KARUNAGAPPALLY,KOLLAM-690542,WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT,KOODALLOOR,KOTTAYAM-686587(FIELD STATION-KOTTAYAM),KERALA.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 3 - **7 RAJESH.R** **S/O.RAJASEKHARAN NAIR,AGED 35,RESIDING AT NELLIYIL VADAKKEVEEDU,CHEMPOR,OTTASEKHARAMANGALAM PO,THIRUVANANTHAPURAM-695125,WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST,DISTRICT,VECTOR CONTROL UNIT,KOODALLOOR,KOTTAYAM-686587,(FIELD STATION-KOTTAYAM),KERALA.** **8 UNNIKRISHNAN NAIR P.S S/O.SIVASANKARAN NAIR,AGED 36,RESIDING AT PADAPPANATTU,EDAMARUKU.P.O,MELUKAVU MATTAM,THIRUVANANTHAPURAM-686652,WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT,KOODALLOOR,KOTTAYAM-686587)FIELD STATION-VAIKOM),KERALA.** **9 PRAMOD.U S/O.ULAHANNAN NAIR,AGED 32,RESIDING AT VARAKADICHIRA,S.L.PURAM,CHERTHALA,ALAPPUZHA688523,WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT,KOODALLOOR,KOTTAYAM-686587(FIELD STATIONVAIKOM),KERALA.** - **10 SURESH KUMAR K.V** **S/O.VIJAYAN, AGED 35,RESIDING AT KALAPPURACKAL HOUSE, PUNJAVAYAL.P.O,504(NEAR SCHOOL),MUNDAKKAYAM,KOTTAYAM-686513,WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST DISTRICT VECTOR CONTROL UNIT,KOODALLOOR,KOTTAYAM686587)FIELD STATION-VAIKOM).** **R1 TO R5 BY GP SRI.ANTONY MUKKATH R6 BY BY ADVS.SRI.A.JANI KOLLAM SRI.G.SIVASANKAR R7 TO R10, ADV.SRI.MILLU DANDAPANI** **THIS O.P(KAT)HAVING COME UP FOR ADMISSION ON 09.06.2021, ALONG WITH OP(KAT).242/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 9[TH] DAY OF JUNE 2021 / 19TH JYAISHTA, 1943 OP(KAT) NO. 186 OF 2018** **AGAINST THE ORDER DATED 6.4.2018 IN O.A.NO.1559/2016 OF** **KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. PETITIONER/APPLICANTS:** ## **1 FLORENCE.S** **AGED 43 YEARS, D/O.SIMON,FIELD WORKER,DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE,KOODALLOOR P.O, KOTTAYAM-686 532.RESIDING AT THADAVILAYIL VEEDU, PERINGANADU P.O,ADOOR, PATHANAMTHITTA-699 643, MOBILE-9946938733.** - **2 SOBHA P** **AGED 41 YEARS, D/O. MURUKAN, FIELD WORKER,DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE,KOODALLOOR P.O, KOTTAYAM-686 532.RESIDING AT MALIKAVATHUKAL, PUTHUKADU P.O,CHAVARA, KOLLAM691 311.** **BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA SMT.RIYA RAYMOL IYPE SRI.VARUN C.VIJAY** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 5 ## **RESPONDENT/RESPONDENTS:** - **1 STATE OF KERALA** **REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM, KERALA-695 001.** - **2 THE DIRECTOR OF HEALTH SERVICES O/O THE DIRECTOR OF HEALTH SERVICES GENERAL HOSPITAL JUNCTION, VANCHIYOOR P.O, THIRUVANANTHAPURAM, KERALA-695 035.** - **3 ADDITIONAL DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES,GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM, KERALA-695 035.** - **4 THE DISTRICT MEDICAL OFFICER HEATH OFFICE OF THE DISTRICT MEDICAL OFFICER, CIVIL STATION, ALAPPUZHA, KERALA 688 001.** - **5 THE DISTRICT MEDICAL OFFICER HEALTH OFFICE OF THE DISTRICT MEDICAL OFFICER,CIVIL STATION, KOTTAYAM,KERALA-686 001.** - **6 SHAN S** **S/O. SHAUDEEN A, AGED 30, RESIDING AT EDIKKAMARAMVALALIL, ADINADU SOUTH, KATTIKADAVU P.O, KARUNAGAPPALLY,KOLLAM-690 542, WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT,KOODALLOOR, KOTTAYAM-686 587(FIELD STATION-KOTTAYAM), KERALA.** - **7 PRAMOD U** **S/O. UNNIKRISHNAN NAIR, AGED 32,RESIDING AT VARAKADICHIRA, S.L PURAM, CHERTHALA,ALAPPUZHA-688 523, WORKING AS FIELD WORKER,OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686 587 (FIELD STATIONVAIKOM), KERALA.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 6 **8 SIJU K S/O. KUNJUMON, AGED 35 YEARS, RESIDING AT MALEEKANJALCHIRA,CHENGALAM SOUTH P.O, KOTTAYAM-686 022,WORKING AS FILED WORKER, OFFICE OF THE ENTOMOLOGIST DISTRICT VECTOR CONTROL UNIT,KOODALLOOR, KOTTAYAM-686 587(FIELD STATIONKOTYTAYAM)** **R1 TO R5 BY G.P.SRI.ANTONY MUKKATH R6 BY ADVS.SRI.A.JANI KOLLAM SRI.G.SIVASANKAR R7 & R8 SRI.MILLU DANDAPANI** **THIS OP(KAT) HAVING COME UP FOR ADMISSION ON 09.06.2021, ALONG WITH OP(KAT).242/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 9[TH] DAY OF JUNE 2021 / 19TH JYAISHTA, 1943** ## **OP(KAT) NO. 242 OF 2018** **AGAINST THE ORDER DATED 8.6.2018 IN R.A.NO.16/2018 IN O.A. (EKM)NO.1559/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM. AND THE ORDER DATED 6.4.2018 IN O.A. (EKM)NO.1559/2016** ## **PETITIONERS/APPLICANTS:** - **1 SALAS P.S.,S/O.SOLAMAN P.A., AGED 33 YEARS, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA688001, RESIDING AT PUTHANPURACKAL HOUSE, POLLETHAI P.O., ALAPPUZHA-688522.** - **2 DINESH M., AGED 37 YEARS S/O.MUTHUKRISHNAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,ALAPPUZHA-688001, RESIDING AT SUNDARASSERIL, PANDARATHURATU, CHERIAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM-690573.** - **3 VINOD M., AGED 34 YEARS, S/O.MADHAVAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,ALAPPUZHA688001, RESIDING AT MINI BHAVANAM, KRISHNAPURAM P.O., KRISHNAPURAM, ALAPPUZHA DISTRICT-690533.** - **4 JINEESH P., AGED 31 YEARS, S/O.PADMANABHA PILLAI, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,ALAPPUZHA-688001, RESIDING AT MACHUNKAL, KALAVOOR P.O., ALAPPUZHA-688522.** **BY ADVS. SRI.GEORGE POONTHOTTAM SMT.NISHA GEORGE** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 8 ## **RESPONDENTS/RESPONDENTS:** - **1 FLORENCE S., AGED 43 YEARS, S/O.SIMON, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE, KOODALLOOR P.O., KOTTAYAM686532, RESIDING AT THADAVILAYIL VEEDU, PERINGANADU P.O., ADOOR, PATHANAMTHITTA-689643.** - **2 SOBHA P., AGED 41 YEARS D/O.MURUKAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICE, KOODALLOOR P.O.,KOTTAYAM-686532, RESIDING AT MALIKAVATHUKAL, PUTHUKADU P.O., CHAVARA, KOLLAM-691311.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.** - **4 THE DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM, KERALA-695035.** - **5 ADDITIONAL DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVNANTHAPURAM-695035.** - **6 THE DISTRICT MEDICAL OFFICER HEALTH OFFICE OF THE DISTRICT MEDICAL OFFICER, KOTTARAM, ALAPPUZHA, KERALA-688001.** - **7 THE DISTRICT MEDICAL OFFICER HEALTH OFFICE OF THE DISTRICT MEDICAL OFFICER, CIVIL STATION, KOTTAYAM-686002.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 9 **8 SHAN S., AGED 30 YEARS S/O.SHAHUDEEN A., AGED 30 YEARS, RESIDING AT EDIKKAMARAM, ADINADU SOUTH, KATTIKADAVU P.O., KARUNAGAPPALLY, KOLLAM-690542, WORKING AS FIELD WORKER, OFFICE OF ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587.** - **9 PRAMOD U., AGED 32 YEARS S/O.UNNIKRISHNAN NAIR, AGED 32, RESIDING AT VARAKADICHI, S.L.PURAM, CHERTHALA, ALAPPUZHA688523, WORKING AS FIELD WORKER, OFFICE OF ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587, KERALA.** - **10 SIJU K., AGED 35 YEARS S/O.KUNJUMON, RESIDING AT MALEEKANJALCHIRA, CHENGALAM SOUTH P.O., KOTTAYAM-686022, OFFICE OF ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686687.** **BY ADVS.A.ARUNA VARUN C.VIJAY SIVASANKAR G. THULASI K. RAJ RIYA RAYMOL IYPE MAITREYI SACHIDANANDA HEGDE KALEESWARAM RAJ R3 TO R7 BY GP SRI.ANTONY MUKKATH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.06.2021, ALONG WITH OP(KAT).184/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 9[TH] DAY OF JUNE 2021 / 19TH JYAISHTA, 1943 OP(KAT) NO. 250 OF 2018** **AGAINST THE ORDER DATED IN RA 17/2018 IN O.A.NO.166/2016 AND** **ORDER DATED 6.4.2018 IN O.A.166/2016 OF KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** - **1 SALAS P.S., S/O SOLAMAN P.A, AGED 33 YEARS, FIELD WORKER,DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA688001,RESIDING AT PUTHANPURACKAL HOUSE, POLLETHAI PO, ALAPPUZHA -688522.** - **2 DINESH M, S/O MUTHUKRISHNAN, AGED 37 YEARS,FIELD WORKER,DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA688001, RESIDING AT SUNDARASSERIL,PANDARATHURUTHU, CHERIAZHEEKAL P.O, KARUNAGAPPALLY, KOLLAM-690573.** - **3 VINOD M, S/O MADHAVAN, AGED 34 YEARS, FIELD WORKER,DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA688001,RESIDING AT MINI BHAVANAM, KRISHNAPURAM PO,KRISHNAPURAM, ALAPPUZHA DISTRICT-690533.** - **4 JINEESH P, S/O PADMANABHA PILLAI, AGED 31 YEARS,FIELD WORKER,DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688001, RESIDING AT MACHUNKAL, KALAVOOR PO, ALAPPUZHA-688522.** **BY ADVS.SRI.GEORGE POONTHOTTAM SRI.RIJI RAJENDRAN** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 11 ## **RESPONDENTS/RESPONDENTS:** - **1 SHAN S., AGED 30 YEARS,S/O SHAHUDEEN A, RESIDING AT EDIKKAMARAMVALALIL, ADINADU SOUTH, KATTIKADAVU PO,KARUNAGAPPALLY, KOLLAM690542.WORKING AS FIELD WORKER, OFFICE OF ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR,KOTTAYAM-686587, (FIELD STATION-KOTTAYAM)** - **2 RAJESH R, S/O RAJASEKHARAN NAIR, AGED 35, RESIDING AT NELLIYIL VADAKKEVEEDU, CHEMPOR, OTTASEKHARAMANGALAM PO,THIRUVANANTHAPURAM695125,WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR, CONTROL UNIT, KOODALLOOR, KOTTAYAM -686587 (FIELD STATION-KOTTAYAM)** **3 UNNIKRISHNAN NAIR PS. S/O SIVASANKARAN NAIR, AGED 36, RESIDING AT PADAPPANATTU,EDMARUKU PO, MELUKAVUMATTAM, THIRUVANANTHAPURAM-686652,WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587 (FIELD STATION-VAIKOM) KERALA.** - **4 PROMOD U, S/O UNNIKRISHNAN NAIR, AGED 32, RESIDING AT VARAKADICHIRA,SL.PURAM, CHERTHALA, ALAPPUZHA-688523,WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587, (FIELD STATION -VAIKOM) KERALA.** - **5 SIJU K, S/O KUNJUMON, AGED 35, RESIDING AT MALEEKANJALCHIRA,CHENGALAM SOUTH PO, KOTTAYAM686022, WORKING AS FIELD WORKER AT OFFICE OF ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686687 (FIELD STATION-KOTTAYAM)** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 12 - **6 SURESH KUMAR K.V, S/O VIJAYAN, AGED 35, RESIDING AT KALAPPURACKAL HOUSE,PUNJAVAYAL PO, 504, (NEAR SCHOOL, MUNDAKKAYAM, KOTTAYAM - 686 513, WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587,(FIELD STATION-VAIKOM) KERALA.** - **7 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE,SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.** - **8 THE DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES,GENERAL HOSPITAL JUNCTION, VANCHIYOOR PO,THIRUVANANTHAPURAM, KERALA-695035.** - **9 THE DISTRICT MEDICAL OFFICER OFFICE OF THE DISTRICT MEDICAL OFFICER (HEALTH)COLLECTORATE PO, KOTTAYAM-686002.** **10 THE DISTRICT MEDICAL OFFICER OFFICE OF THE DISTRICT MEDICAL OFFICER,KOTTARAM BUILDING, GENERAL HOSPITAL COMPOUND, ALAPPUZHA-688001.** - **11 ABRAHAM DANIEL, INSECT COLLECTOR, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587.** - **12 BENNY P. KURUVILA, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,KOODALLOOR PO, KOTTAYAM-686587, ADDL. R6 IS IMPLEADED AS PER ORDER DATED 26.5.2017 IN MA 1553/2017) KERALA.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 13 **BY ADVS.G.SIVASANKAR SRI.KALEESWARAM RAJ A.JANI(KOLLAM) SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.RIYA RAYMOL IYPE R7 TO R10 BY GP.SRI.ANTONY MUKKATH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.06.2021, ALONG WITH OP(KAT).242/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 9[TH] DAY OF JUNE 2021 / 19TH JYAISHTA, 1943** **OP(KAT) NO. 252 OF 2018** **AGAINST THE ORDER DATED 8.6.2018 IN RA 18/2018 IN** **O.A.NO.2128/2016 AND ORDER DATED 6.4.2018 IN OA.NO.2128/2016** **OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** - **1 SALAS P.S., AGED 33 YEARS** **S/O.SOLAMAN P.A., FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688001, RESIDING AT PUTHANPURACKAL HOUSE, POLLETHAI P.O., ALAPPUZHA688522.** **2 DINESH M. AGED 37 YEARS** **S/O.MUTHUKRISHNAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,ALAPPUZHA-688001, RESIDING AT SUNDARASSERIL, PANDARATHURUTHU, CHERIAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM-690573.** **3 VINOD M. AGED 34 YEARS** **S/O.MADHAVAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,ALAPPUZHA-688001, RESIDING AT MINI BHAVANAM, KRISHNAPURAM P.O, KRISHNAPURAM, ALAPPUZHA DISTRICT-690533.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 15 ## **4 JINEESH P.** **AGED 31 YEARS** **S/O.PADMANABHA PILLAI, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,ALAPPUZHA-688001, RESIDING AT MACHUNKAL, KALAVOOR P.O., ALAPPUZHA-688522.** **BY ADVS.SRI.GEORGE POONTHOTTAM SRI.RIJI RAJENDRAN** ## **RESPONDENTS/RESPONDENTS:** - **1 ABRAHAM DANIAL AGED 51 YEARS** **S/O.P.B.DANIEL, INSECT COLLECTOR, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICES, P.H.C.CAMPUS, KOODALLOOR P.O., KOTTAYAM-686587, RESIDING AT KUNNUMPURATH HOUSE, MALLOORSSERY P.O., KOTTAYAM-686001, KERALA.** - **2 BENNY P.KURUVILA** **AGED 50 YEARS, S/O.P.I.KURUVILA, FIELD ASSISTANT, DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICES, P.H.C.CAMPUS,KOODALLOOR P.O., KOTTAYAM, RESIDING AT PARANGOT HOUSE, AREEPARAMPU P.O., KOTTAYAM, KERALA-686501.** - **3 RAJEEV S.R. AGED 39 YEARS** **FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICES, KOODALLOOR P.O., KOTTAYAM, RESIDING AT INCHIPPULLUVILA VEEDU, KIDARAKUZHI, KIDARAKUZHI P.O., THIRUVANANTHAPURAM, KERALA-695523.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 16 ## **4 SHAJUMON C.** **AGED 36 YEARS, S/O.K.V.CHANDRAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT,DEPARTMENT OF HEALTH SERVICES, KOODALLOOR P.O., KOTTAYAM,RESIDING AT KUZHIKKADA HOUSE, CLAPPANA, KARUNAGAPPALLY P.O., KOTTAYAM, KERALA-690525.** - **5 STATE OF KERALA** **REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.** - **6 THE DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695035.** - **7 ADDITIONAL DIRECTOR OF HEALTH SERVICES OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, KERALA695035.** - **8 THE DISTRICT MEDICAL OFFICER (HEALTH) OFFICE OF THE DISTRICT MEDICAL OFFICER, KOTTARAM, ALAPPUZHA, KERALA-688001.** - **9 THE DISTRICT MEDICAL OFFICER (HEALTH) OFFICE OF THE DISTRICT MEDICAL OFFICER, CIVIL STATION, KOTTAYAM-686002.** - **10 SHAN S.** - **S/O.SHAHUDEEN A., RESIDING AT EDIKKAMARAMVALALIL, ADINADU SOUTH, KATTIKADAVU P.O., KARUNAGAPPALLY, KOLLAM-690542, WORKING AS FIELD WORKER, OFFICE OF ENTOMOLOGIST, DISTRICT VECTOR CONTROL UNIT, KOODALLOOR, KOTTAYAM-686587 (FIELD STATIONKOTTAYAM).** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 17 **11 RAJESH R.,AGED 35 YEARS S/O.RAJASEKHARAN NAIR, RESIDING AT NELLIYIL VADAKKEVEEDU, CHEMPOR, OTTASEKHARAMANGALAM P.O., THIRUVNANTHAPURAM-695125, WORKING AS FIELD WORKER, OFFICE OF ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR,KOTTAYAM-686587 (FIELD STATIONKOTTAYAM), KERALA.** - **12 UNNIKRISHNAN NAIR P.S.,AGED 36 YEARS S/O.SIVASANKARAN NAIR, RESIDING AT PADAPPANATTU, EDMARUKU P.O, MELUKAVUMATTAM, THIRUVANANTHAPURAM686652.WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR,KOTTAYAM-686587 (FIELD STATION-VAIKOM), KERALA.** - **13 PRAMOD U., AGED 32 YEARS S/O.ULAHANNAN NAIR, RESIDING AT VARAKADICHIRA, S.L.PURAM, CHERTHALA, ALAPPUZHA-688523, WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR,KOTTAYAM-686587 (FIELD STATION-VAIKOM), KERALA.** - **14 SURESH KUMAR K.V., AGED 35 YEARS S/O.VIJAYAN, RESIDING AT KALAPPURACKAL HOUSE, PUNJAVAYAL P.O., 504, NEAR SCHOOL, MUNDAKKAYAM, KOTTAYAM-686513, WORKING AS FIELD WORKER, OFFICE OF THE ENTOMOLOGIST,DISTRICT VECTOR CONTROL UNIT, KOODALLOOR,KOTTAYAM-686587 (FIELD STATION-VAIKOM), KERALA.** **BY ADVS.SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY MAITREYI SACHIDANANDA HEGDE SMT.K.C.AISHWARYA R5 TO R9 BY G.P.SRI.ANTONY MUKKATH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.06.2021, ALONG WITH OP(KAT).242/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 18 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR** ## **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **WEDNESDAY, THE 9[TH] DAY OF JUNE 2021 / 19TH JYAISHTA, 1943 OP(KAT) NO. 424 OF 2018** **AGAINST THE ORDER DATED 6.4.2018 IN UN-NUMBERED R.A. OF 2016 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS 1,2,5 & 6 IN UNNUMBERED RA/2016:** **1 ABRAHAM DANIEL, AGED 51 YEARS S/O P.B.DANIEL, INSECT COLLECTOR, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICES, P.H.C.CAMPUS, KOODALLOOR P.O., KOTTAYAM, RESIDING AT KUNNUMPURATH HOUSE, MALLOOSSERY P.O., KOTTAYAM -686 041.** **2 BENNY P.KURUVILLA, AGED 50 YEARS S/O.P.I.KURUVILLA, FIELD ASSISTANT, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICES, P.H.C.CAMPUS, KOODALLOOR P.O., KOTTAYAM, RESIDING AT PARANGOT HOUSE, AREEPARAMPU P.O., KOTTAYAM-686 501.** **3 RAJEEV.S.R., AGED 39 YEARS FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE, KOODALLOOR P.O., KOTTAYAM, RESIDING AT P.O.THIRUVANANTHAPURAM-695 523.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 19 **4 SHAJUMON.C., AGED 36 YEARS S/O.K.V.CHANDRAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE, KOODALLOOR P.O., KOTTAYAM, RESIDING AT KUZHIKKADA HOUSE, CLAPPANA P.O., KARUNAGAPPALLY, KOLLAM, KERALA-690 525.** **BY ADVS. KALEESWARAM RAJ SRI.VARUN C.VIJAY SMT.RIYA RAYMOL IYPE** ## **RESPONDENT/APPLICANTS/RESPONDENTS 3,4 & 1 TO 16 IN** **UNNUMBERED RA/2016:** **1 FLORENCE .S., AGED 44 YEARS S/O SIMON, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE, P.H.C.CAMPUS, KOODALLOOR P.O.,** **KOTTAYAM, RESIDING AT THADAVILAYIL VEEDU, PERINGANADU P.O., ADOOR, PATHANAMTHITTA DISTRICT-691 555.** - **2 SOBHA.P.,** **AGED 43 YEARS, D/O.MURUKAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, DEPARTMENT OF HEALTH SERVICE, P.H.C.CAMPUS, KOODALLOOR P.O., KOTTAYAM, RESIDING AT MALIKAVATHUKAL, PUTHUKADU P.O., CHAVARA, KOLLAM -690527.** ## **3 K.P.RADHAKRISHNAN,** **FIELD ASSISTANT, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688 001, RESIDING AT KIZHAKKEKUTTU VEEDU, C.M.C.II, CHERTHALA, ALAPPUZHA-688 001, KERALA-688 001.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 20 - **4 ANTONY.P.S.,** **FIELD ASSISTANT, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA, RESIDING AT PUTHENPURAKKAL, OMANAPPUZHA, ALAPPUZHA-688 001.** **5 JOSEPH.V.S., FIELD ASSISTANT, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688 001, RESIDING AT PEEDIKAPARAMBIL, IRUMPRAMATTOM P.O., IRUMPARA, KOTTAYAM, KERALA-686 001.** **6 SAJAN.V.T., FIELD ASSISTANT, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA, K.S.VILLA, KALLUMALA P.O., KUMBANAD, MAVELIKKARA, ALAPPUZHA, KERALA-688 001.** - **7 THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695 035.** - **8 ADDITIONAL DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035.** - **9 THE DISTRICT MEDICAL OFFICER(HEALTH), OFFICE OF THE DISTRICT MEDICAL OFFICER, CIVIL STATION, ALAPPUZHA, KERALA-688 001.** - **10 AMBIKA.V.D.,** **DISTRICT VECTOR CONTROL UNIT, KOODALLUR(FIELD ASSISTANT), KERALA-686 587.** - **11 ** VALSALA.M.K., DISTRICT VECTOR CONTROL UNIT, KOODALLUR(FIELD ASSISTANT), KERALA-686 587.** - **12 ASSISI.E.P.,** - **DISTRICT VECTOR CONTROL UNIT, KOODALLUR(FIELD ASSISTANT), KERALA-686 587.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 21 - **13 SUNANDAKUMAR.P.T.,** **DISTRICT VECTOR CONTROL UNIT, KOODALLUR(FIELD ASSISTANT), KERALA-686 587.** - **14 SREELATHA.L.,** **AGED 43 YEARS, D/O.DAMODARAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688 001, RESIDING AT SREE BHAVAN, ATTAKULAM, AICKAD, KODUMON P.O., PATHANAMTHITTA-691 555.** - **15 PRASAD.P.D.,AGED 34 YEARS, S/O.P.S.DAMODARAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688 001, RESIDING AT PRAYAGA, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA-688 531.** - **16 PRINCE.K.,AGED 45 YEARS, S/O.T.M.KUMARAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA688 001, RESIDING AT PUTHUKKERIL, THANEERKUTTAM P.O., CHERTHALA, ALAPPUZHA-688 527.** - **17 BIJU RAMACHANDRAN,** - **AGED 43 YEARS, S/O.N.RAMACHANDRAN, FIELD WORKER, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA-688 001, RESIDING AT SINDHU SADANAM, PALACE ROAD, KAYAMKULAM-690 502.** - **18 SIVAPRASAD.B., AGED 47 YEARS, S/O.BALAKRISHNAKURUP,. FIELD WORKERS, DISTRICT VECTOR CONTROL UNIT, ALAPPUZHA688 001, RESIDING AT THAYYIL, PONNADU P.O., MANNANCHERY, ALAPPUZHA-688 53.** **(** DEATH OF R11 IS RECORDED AS PER ORDER DATED 13.12.2018 IN I.A.NO.4/2018)** **R12 & R13 BY ADV SRI.P.NANDAKUMAR R7 TO R9 BY GP.SRI.ANTONY MUKKATH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.06.2021, ALONG WITH OP(KAT).242/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 22 ## **JUDGMENT** ## **Ravikumar, J.** The above Original Petitions are filed against a common order dated 6.4.2018 passed by the Kerala Administrative Tribunal in O.A.Nos.166 & 2128, of 2016, O.A.(Ekm) No.1559 of 2016 and Unnumbered Review Application in O.A.No.1151 of 2014. To be precise, O.P.(KAT)No.184 of 2018 is filed by the applicants in O.A.No.2128 of 2016 against the order passed thereon. The petitioners in O.P. (KAT)No.252 of 2018 are third parties to O.A.No.2128 of 2016. They filed R.A.No.18 of 2018 seeking review of the order in the said Original Application and upon its dismissal they filed this Original Petition challenging the order dated 8.6.2018 in the said R.A. as also against the order in O.A.No.2128 of 2016. O.P.(KAT)No.186 of 2018 is filed by the applicants in O.A.(Ekm)No.1559 of 2016 against the order passed thereon. The petitioners in O.P.(KAT)No.242 of 2018 are third parties to O.A.(Ekm)No.1559 of 2016. They filed R.A.No.16 of 2018 seeking review of the order in the said Original Application and upon its dismissal they filed this Original Petition challenging the order dated 8.6.2018 in the said R.A. as also against the order in O.A. (Ekm)No.1559 of 2016. The petitioners in O.P.(KAT)No.250 of 2018 are O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 23 third parties to O.A.No.166 of 2016. They filed R.A. No.17 of 2018 seeking review of the order in the said Original Application and upon its dismissal they filed this Original Petition challenging the order dated 8.6.2018 in the said R.A. as also against the order in O.A.No.166 of 2016. The petitioners in O.P.(KAT) No.424 of 2018 are third parties to O.A.(Ekm)No.1151 of 2014. They filed Review Application seeking review of the order in the said Original Application and upon dismissal of the said un-numbered Review Application they filed this Original Petition challenging the order dated 6.4.2018 in the said R.A. as also against the order dated 27.8.2014 in O.A.No.1151/ 2014. Since same issues call for resolution in all the captioned Original Petitions they were all heard jointly and are being disposed of by this common judgment. 2. The facts relevant for the disposal of the above Original Petitions are as follows:- O.A.No.166 of 2016 was filed by persons recruited, on District Recruitment Basis(DRB) as Field Workers, through the District Office, Kottayam of the Kerala Public Service Commission. Inter alia, they contended thus: They were advised for appointment either in the year 2011 or in the year 2012. Annexure-A1 of Ext.P8 in O.P.(KAT)No.250 of 2018 is the Government Order dated 11.10.1989 that governs the ‘qualification and method of appointment' to the post of Insect Collector O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 24 and Research Assistant under the National Filaria Control Programme in the Department of Health Services. Going by the method of appointment, in the absence of qualified Field Assistants (in the scale of pay of Rs.640-1000) in the Health Services Department for appointment, qualified maistry of Field Worker (in the scale of pay of Rs.575-900) in the Health Services Department are eligible to get promotion to the post of Insect Collector and Research Assistant. By completing two years of service they became eligible for promotion. We may hasten to add that the said contention of the petitioners can only be taken as, eligible for promotion to the post of Insect Collector and Research Assistant in the absence of qualified Field Assistants in the prescribed scale of pay. One of the two posts of Insect Collector available in Kottayam District is occupied by the 5[th] respondent in the said O.A namely, Sri.Abraham Daniel. When the Department decided to constitute District Vector Control Units in all Districts, certain posts in Filaria Control Works (FCW), Cherthala were shifted to Kottayam District and as juniors in various cadres, including Field Workers, who became excess in Alappuzha were temporarily accommodated in Kottayam District to avoid retrenchment, as per Annexure-A2. The question whether the petitioners are justified in taking up such a contention based on Annexure-A2 is a matter to be considered and we O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 25 will address the said issue later. Their further contention was that Annexure-A3 order of the Tribunal in O.A.No.1151 of 2014 as also Annexure- A4 order of the 2[nd] respondent would go to show that the post of Field workers and Field Assistants are district cadres and therefore, the 5[th] respondent and similarly situated persons who were shifted from Alappuzha District to Kottayam District are not entitled to seniority over them and similarly situated persons who were directly recruited as Field workers in Kottayam District itself. According to them, without looking into the aforesaid aspects as per Annexure-A7, the 5[th] respondent was promoted to the post of Insect Collector and it is an outcome of non-application of mind or a mistake. Persons who were accommodated temporarily in Kottayam and originally recruited in Alappuzha District are liable to be transferred back to Alappuzha. It is with such claims and contentions that they approached the Tribunal seeking appropriate prayers. 3. Petitioners in O.P.(KAT)Nos.184 and 186, of 2018, who were applicants respectively in O.A.No.2128 of 2016 and in O.A(Ekm)No.1559 of 2016 are similarly situated. They are presently working in Kottayam District either in the cadre of Field Worker or Field Assistant or Insect Collector. They have been working in Kottayam District since 07.06.2010. All of them were initially recruited in O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 26 Alappuzha District as Field Workers. According to them, they were given inter-district transfer on request to Kottayam District on condition that they would be treated as junior most to the incumbents in Kottayam District on their transfer. While so, the 3[rd] respondent issued AnnexureA1 order dated 01.09.2016, it is marked as such in both the said O.As, to exclude the names of persons who were directly recruited in Alappuzha District and later transferred to Kottayam District, from the seniority list of Field Workers in Kottayam District. Subsequently, the 2[nd] respondent issued Annexure-A2 order dated 05.09.2016. It is also marked as such in both the said O.As. As per the same, after referring to the order of the Tribunal in O.A No.1151/2014 the District Medical Officer, (H), Alappuzha was directed to absorb all employees who were transferred to Kottayam to avoid retrenchment while the DVC unit was shifted to Kottayam. He was also directed thereunder to post those employees recruited by PSC Alappuzha in the existing vacancies and to include them in the seniority list of Field Workers and also to grant them further promotion considering the date of advice by PSC, Alappuzha, in fact, the Alappuzha District Office of PSC. Consequently, the District Medical Officer (H), Kottayam was directed to relieve the employees on receipt of posting orders issued by DMO(H), Alappuzha. In fact, it was aggrieved by Annexures A1 and A2 orders that the petitioners in O.P. O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 27 (KAT) No.186 of 2018 filed O.A.(Ekm.)No.1559 of 2016. O.A No.2128 of 2016 was then filed by the petitioners in O.P.(KAT)No.184 of 2018 challenging the very same Annexures A1 and A2. Finding that the order in O.A.No.1151 of 2014 dated 27.08.2014, in which they were not parties, is likely to be worked out against them the applicants in O.A. (Ekm)No.1559 and O.A.No.2128, of 2016 jointly filed an application seeking review of the said order, but the same was not numbered. However, the same was considered along with O.A.(Ekm)No.1559 of 2016 and O.A.Nos. 166 and 2128, of 2016. The contention of the applicants in O.A(Ekm)No.1559 and O.A.No. 2128, of 2016 was that the order in O.A.No.1151 of 2014 is absolutely inapplicable in their case, firstly; on the ground that they were not parties to the said lis and, secondly; on the ground that they are inter-district transferees from Alappuzha District to Kottayam district whereas the applicants and party respondents in O.A.No.1151/2014 were not inter-district transferees. 4. The Tribunal considered O.A.Nos.166 and 2128 of 2016, O.A.(Ekm)No.1559 of 2016 and unnumbered Review Application in O.A.No.1151 of 2014 jointly and passed the impugned common order dated 06.04.2018. As per the same, the unnumbered review application in O.A.No.1151 of 2014, O.A.No.2128 of 2016 and O.A.(EKM) No.1559 of 2016 were dismissed, O.A.No.166 of 2016 was allowed and Annexure O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 28 A7 order promoting the 5[th] respondent therein viz., Abraham Daniel was set aside and a further direction was given to the 3[rd] respondent therein viz., the District Medical Officer (Health), Kottayam to prepare and publish seniority list of Field Workers of DRB Kottayam after deleting those who are from Alappuzha DRB and also to effect promotions, accordingly. It is challenging the said common order 6.4.2018 that the captioned Original Petitions are filed. 5. Heard the learned counsel for the parties in the above original petitions. 6. Firstly, we will consider the tenability of the contention of the petitioners in O.P.(KAT)Nos.184 and 186, of 2018 as also similarly situated parties that they were given inter-district transfer from Alappuzha District to Kottayam District and therefore, they are not liable to suffer Annexure-A1 order to exclude them from the seniority list of Field Workers in Kottayam District and also Annexure-A2 order directing to absorb them in Alappuzha District against existing vacancies. While considering the question whether they are interdistrict transferees from Alappuzha to Kottayam as also the rival contention that they were, in fact, transferred from Alappuzha pursuant to the abolition of Filaria Control Works, Cherthala and shifting of certain posts to Kottayam District to avoid retrenchment on their O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 29 becoming excess in Alappuzha District, Annexure R6 order therein, which is Ext.P8 of O.P.(KAT)No.242 of 2018, bearing No.C19469/2010/DMO(H)A, dated 03.06.2010 issued by the District Medical Officer of Health, Alappuzha assumes relevance. 7. In the said order dated 03.06.2010 it is stated thus:- “On consequence of Constitution of District Vector Control units in all Districts, the various posts in the FCW Cherthala are shifted to Kottayam District vide order 1[st] cited. So the following staffs working in FCW Cherthala are hereby relieved from duties in the FCW Cherthala with immediate effect with direction to report before the District Medical Officer of Health, Kottayam for suitable posting. xxxxxxxxxx xxxxxxxxxx The remaining vacant post of 14 Field workers will be shifted along with staff later as and when PSC advises candidates.” 8. A perusal of the aforesaid order dated 03.06.2010 would further reveal that the names of the petitioners in O.P.(KAT).Nos.184 and 186, of 2018 who were applicants in O.A.No.2128 and O.A. (Ekm)No. 1559, of 2016 respectively and similarly situated persons are included in the list of staff, who were working in FCW Cherthala, relieved from the duties with immediate effect with a direction to report before DMO(H), Kottayam for suitable posting consequent to the O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 30 constitution of District Vector Control Unit in Kottayam District and shifting of various posts from FCW Cherthala to Kottayam District vide G.O.(P)No.50/2010/H&FWD dated 04.02.2010. Copy of the said G.O dated 04.02.2010 is produced in O.P.(KAT)No.184 of 2018 as Ext.P1. The said order, insofar as it is relevant, reads thus: “At present there are 16 NFCP Units (in 10 districts), two Filaria Survey Units (TVPM & KSRD), one Filaria Control Works (Cherthala) two Zonal Malaria Units (Ernakulam & Kozhikode) and Head Quarters Zonal Malaria Organization and Bureau of Filariasis (State Entomology Unit) are functioning in this state. The activities of NFCP Units are mainly carried out according to the Filaria Operational Manual. Consequent on the out break of Mosquito borne viral diseases, various Committees and Cells were constituted for the Co-ordination of disease control and monitoring systems from the state level to the local ward level by pooling all resources to ensure early detection of epidemics and its control, as per the Government Order read above. In the said Government Order it was intralia ordered that District level cells should Co-ordinate the functioning of NFCP Units (to be re-designated as District Vector Control Units) and definite field of activities were assigned to them. In order to vitalize the personnel in the Vector Control Activities, the Director of Health Services has forwarded a proposal as per the letter read above for redistribution of the Staff under NFCP, Zonal Malaria units and other Filaria Survey Units. Government have examined the matter in detail and are pleased to constitute District Vector Control Units in all the 14 districts and to retain the O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 31 State Entomology Unit by redistributing the posts under the NFCP Units, Zonal Malaria units and other Filaria Survey Units in the State without any change in the existing designation, as mentioned below: ## Staff Pattern of District Vector Control Units |Sl.<br>No<br>.|Name of<br>Unit|Staff structure|No<br>.|Station from<br>where the post is<br>shifted| |---|---|---|---|---| |1|xxxxx|xxxxxxxx|xx|xxxxxxxxx| ||xxxxx|xxxxxxxxxx|xx|xxxxx| |||||| |5|DVC Unit<br>Kottayam|Entomologist|1|Filaria Control<br>Works, Cherthala| |||Filaria Inspector<br>Gr.II|2|| |||Field Assistant|7|| |||Insect<br>Collector/Research<br>Assistant|3|Filaria Control<br>Works,<br>Cherthala-1, DMO<br>Office, Kottayam-<br>2| |||Laboratory<br>Technician|2|Filaria Control<br>Works, Cherthala| |||Field Worker|31|| O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 |||||| |---|---|---|---|---| |4, of 2018||32||| |||UDC / LDC|1|| |||Peon|1|| |||Driver|1|| |||Van Cleaner|1|| |||PTS|1|| |||Total|51|| Subsequent to G.O dated 04.02.2010 and in its implementation Order No.C1-9469/2010/DMO(H)A dated 03.06.2010 was issued by the District Medical Officer (Health), Alappuzha, relieving available incumbents in the various posts and shifted to DVC Unit, Kottayam, with direction to report before DMO(H), Kottayam for suitable posting. 9. The impugned common order dated 06.04.2018 would reveal that resisting the claims and contentions of the petitioners in O.P. (KAT)Nos.184 and 186 of 2018/the applicants in O.A.No.2128 of 2016 and O.A.(Ekm) No.1559 of 2016, that they are inter-district transferees from Alappuzha to Kottayam it was contended by the official respondents, as can be seen from the submissions made by the learned Government Pleader recorded in the impugned common order, that the O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 33 applicants in the said original applications are not inter-district transferees as contended by them. That apart, the consistent case which was argued and accepted by the Tribunal was that they were relieved and posted in Kottayam District pursuant to G.O dated 04.02.2010 and the consequential order viz., Order No.C19469/2010/DMO(H) A dated 03.06.2010, which we have referred to hereinbefore. In the light of the factual position obtained from the aforementioned Ext.P1 G.O dated 04.02.2010 and Annexure A2 order dated 03.06.2010 (the aforesaid documents are marked differently in the other original petitions), we do not find any reason at all to disagree with the finding of the Tribunal that the applicants in O.A.No.2128 of 2016 and O.A.(Ekm)No.1559 of 2016/the petitioners in O.P. (KAT)Nos.184 and 186 of 2018 are not inter-district transferees from Alappuzha to Kottayam District. As stated earlier, after upholding the contentions raised against the petitioners in O.P.(KAT)Nos.184 and 186 of 2018 and similarly situated parties, mainly based on the order in O.A.No.1151 of 2014, the unnumbered review application in O.A.No.1151 of 2014, O.A.No.2128 of 2016 and O.A(Ekm) No.1559 of 2016 were dismissed, O.A.No.166 of 2016 was allowed and Annexure A7 order promoting the 5[th] respondent therein viz., Abraham Daniel was set aside and a further direction was given to the 3[rd] respondent therein O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 34 viz., the District Medical Officer (Health), Kottayam to prepare and publish seniority list of Field Workers of DRB Kottayam after deleting those who are from Alappuzha DRB and also to effect promotions, accordingly. The question is whether the applicants in O.A.No.2128 of 2016 and O.A(Ekm) No.1559 of 2016, who filed some of the captioned O.Ps against the orders in O.A.Nos.166 of 2016, 2128 of 2016 and in O.A.(Ekm) No.1559 of 2016 upon dismissal of their applications for reviewing the orders in the said O.As, can be treated as transferees from Alappuzha District to Kottayam District on abolition of the Filaria Control Works, Cherthala (FCW, Cherthala) and to avoid their retrenchment on their becoming surplus? In fact, that again is dependent on the question as to whether FCW, Cherthala was abolished as held by the Tribunal? For the purpose of disposal of the captioned original petitions these questions require deep consideration, within the scope of judicial review, as findings on these issues form the foundation for the order in O.A.No.1151/2014 as also the impugned common order dated 6.4.2018 in the captioned appeals. We may hasten to state that we are no oblivious of the fact that the challenge in these cases are not against the order in O.A.No.1151/2014 and the same had become final in between the parties therein. O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 35 10. The jurisdiction of this Court in relation to an order passed by an Administrative Tribunal is nothing but ‘Judicial Review’ in view of the decision of the Hon’ble Apex Court in **L. Chandra-Kumar** v. **Union of India & Others (AIR 1997 SC 1125)** . In view of the wellnigh settled position regarding the scope of ‘judicial review’ we do not venture to consider the same except to state that if a view taken by the Tribunal on a matter in issue is a plausible one it could not be interfered with merely because another view is possible and at the same time, if a finding is totally against the weight of evidence or is one taken without taking into account relevant materials or taken based on irrelevant materials, then it would become perverse and falls for interference in exercise of the power of judicial review. 11. On the issue as to how the petitioners in O.P.(KAT) Nos.184 & 186, of 2018 and those who filed some of the captioned O.Ps against the orders in O.A Nos.166 of 2016, 2128 of 2016 and in O.A. (Ekm) No.1559 of 2016 upon dismissal of their applications for reviewing the orders in the said O.As, came to the service of DVC Unit, Kottayam, obviously, the stand of the official and party respondents, who oppose their contention, taken in the light of the order dated 27.08.2014 in O.A No.1151 of 2014, is that they were transferred from Alappuzha district to Kottayam District pursuant to the abolition of the O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 36 Filaria Control Unit at Cherthala and on their becoming surplus there, to avoid retrenchment. According to them, the said issue is already settled against them in the order dated 27.08.2014 in O.A No.1151 of 2014. In this context, it is to be noted that the contention of the petitioners in O.P.(KAT)Nos.184 and 186 of 2018 and similarly circumstanced parties in the other original petitions is that they were not parties to O.A.No.1151 of 2014 and therefore, the order dated 27.08.2014 is not binding on them and it is inapplicable to defeat their claims and contentions. 12. The nature of the rival contentions on this issue would reveal that their attempt is essentially founded on the doctrine of issue estoppel. The principle of issue estoppel is also known as ‘cause of action estoppel’ and the same is different from the principle of double jeopardy or autrefois acquit as also res judicata. In **Thoday** v. **Thoday** reported in **(1964) 1 All ER 341** , Lord Diplock held:- ……..”cause of action estoppel’, is that which prevents a party to an action from asserting or denying, as against the other party, the existence of a particular cause of action, the non-existence or existence of which has been determined by a court of competent jurisdiction in previous litigation between the same parties. If the cause of action was determined to exist, i.e. judgment was given on it, it is said to be merged in the judgment. ……...If it was determined not to exist, the unsuccessful plaintiff can no longer assert that it does; he is estopped per rem judicatam.” O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 37 After referring to the said decision the Hon'ble Apex Court in **Bhanu Kumar Jain** v. **Archana Kumar** reported in **2005 (1) SCC 787** drew the distinction between ‘issue estoppel’ and ‘res judicata’. It was held thus:- “Res judicata debars a Court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas the doctrine of issue estoppel is invoked against the party. If such an issue is decided against him, he would be estopped from raising the same in the latter proceeding.” 13. In the light of the position thus obtained, we have no hesitation to hold that when the litigating parties are different and the status as also contentions of the earlier litigated parties and the present litigating parties are different, applying the doctrine of issue estoppel the order in O.A.No.1151 of 2014 could not have been worked out against the applicants in O.A.(Ekm.) No.1559 of 2016 as also in O.A.No.2128 of 2016, without examining the issue in detail as estoppel itself is only a piece of evidence. Therefore, the question is whether the Tribunal has committed any patent error or illegality or perversity in applying the order in O.A.No.1151 of 2014 to the case of the petitioners in O.P.(KAT) Nos.184 & 186, of 2018 who were the applicants in O.A. (Ekm.) No.1559 of 2016 as also in O.A.No.2128 of 2016 ? O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 38 14. Admittedly, the petitioners in O.P.(KAT)Nos.184 & 186, of 2018 who were the applicants in O.A.(Ekm.) No.1559 of 2016 and in O.A.No.2128 of 2016 respectively and those third parties who sought to get reviewed the orders in O.A.Nos.166 and 2128 of 2016, in O.A. (Ekm) No.1559 of 2016, were not parties to O.A.No.1151 of 2014. Therefore, while deciding the aforesaid question we will also have to consider whether the applicants in O.A.(Ekm)No.1559 of 2016 and O.A.No.2128 of 2016, who are the petitioners in O.P.(KAT) Nos.184 & 186, of 2018, and the applicants who sought for review of the orders in the aforesaid O.As and the applicants and the party respondents in O.A.No.1151 of 2014 are similarly situated and whether there is commonness in their case and contentions. We are also not oblivious of the fact that in O.A.No.1151 of 2014 the order bearing No.C19469/2010/DMO(H)A, dated 3.6.2010 issued by the DMO(H), Alappuzha and G.O.(P)No.50/2010/H&FWD dated 4.2.1010 were considered by the Tribunal and virtually, their effects, to some extent, were also considered and determined therein. In this context, the factual situation in O.A.No.1151 of 2014, which was not looked into detail by the Tribunal while rendering the impugned common order dated 6.4.2018, requires reference. The applicants in O.A.No.1551 of 2014 who were Field Assistants working in the District Vector Control O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 39 Unit under the Department of Health Services in Alappuzha District at the time of filing the said O.A. approached the Tribunal aggrieved by the order dated 20.6.2014 whereby they were transferred to Kottayam, virtually, at the instance of party respondents 4 to 7 therein. The applicants as also the respondents 4 to 7 therein, were initially recruited through the Alappuzha District Office of PSC as Field Workers and were subsequently, promoted as Field Assistants while working in FWC, Cherthala. The District Medical Officer, Health, Alappuzha promoted the applicants therein as Field Assistants as per order dated 31.7.1998 and thereafter promoted respondents 4 to 7 therein to the post of Field Assistants as per order dated 26.4.2010. Obviously, prior to the promotion of the said respondents 4 to 7 therein G.O. (P)No.50/2010/H&FWD dated 4.2.1010 (Ext.P1 in O.P.(KAT) No.184 of 2018) came to be issued for co-ordinating the functioning of National Filaria Control Programme Units (NFCP Units), after re-designating as District Vector Control Units (DVC Units) and for constituting DVC Units in all the 14 districts in the Kerala and for that purpose to re-distribute the staff of NFCP Units, Zonal Malaria Units, etc. The further orders would reveal that, in fact, re-designation of unit and re-distribution of staff was not only confined to NFCP Units. Re-designation of unit and re-distribution of staff was done in the case of two Filaria Survey Units O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 40 (TVPM & KSRD), one Filaria Control Works (Cherthala) two Zonal Malaria Units (Ernakulam & Kozhikode) and Head Quarters Zonal Malaria Organization etc., as well. It was thereafter that respondents 4 to 7 in O.A.No.1151 of 2014 were relieved from duties in FCW, Cherthala, evidently only after getting promotion as Field Assistants, to report before DMO(H) Kottayam for suitable postings, as per order dated 3.6.2010, which is Annexure-R6 in O.P.(KAT) No.184 of 2018. They got postings at DVC Unit Kottaym only thereafter. While working in DVC Unit Kottayam respondents 4 to 7 in O.A.No.1151 of 2014 who were the erstwhile juniors of the applicants therein, moved the Director of Health Services seeking a transfer back to Alappuzha District and inaction on it constrained them to approach the Tribunal and thereupon, in purported compliance with the direction of the Tribunal, the Director of Health Services issued order dated 7.1.2014. It was stated in the said order that respondents 4 to 7 therein would be transferred back to Alappuzha according to seniority as and when vacancies arise. After six months the applicants in O.A.No.1551 of 2014 were transferred to Kottayam and in the resultant vacancies respondents 4 to 7 therein were transferred from Kottayam to Alappuzha District, as per order dated 20.6.2014 of the Additional Director of Health Services. It was the challenge against the said order dated 20.6.2014 that culminated in O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 41 the order dated 27.8.2014 in O.A.No.1151 of 2014. From the facts thus explained it is evident that O.A.No.1151 of 2014 was a case between the applicants and respondents 4 to 7 therein, who were directly recruited to FCW Cherthala in Alappuzha District occurred when respondents 4 to 7 therein who pursuant to G.O.(P) No.50/2010/H &FWD dated 4.2.2010 and order bearing No.C1-9469/2010/ DMO(H)A, dated 3.6.2010 came to the service of DVC Unit in Kottayam District got transfer back to Alappuzha against vacancies created in Alappuzha District by transferring the applicants to Kottayam District. True that, as per the order, respondents 4 to 7 who came to the service of DVC Unit in Kottayam along with the petitioners in O.P.(KAT) Nos.184 & 186, of 2018, but in a different post of Field Assistant, suffered such an order. 15. Before considering the aforesaid question any further it is worthy to take notice of another aspect. As per the aforesaid G.O. dated 4.2.2010 it was also ordered:- “The follow up action on the activities of the District Vector Control Units (i.e formerly NFCP Units and Vector Survey Units, FS Units etc.) and the establishment matters of the Staff of the DVC units will be dealt with in the concerned sections in the Health & Family Welfare Department.” (Emphasis supplied) As a follow up action in that regard the Director of Health Services O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 42 issued Order No.PLB4-8653/08/DHS dated 19.04.2010 (Ext.P2 in O.P. (KAT)No.184 of 2018) containing seven directions. The relevant directions for the purpose of the above cases viz., 3 to 5 read thus:- - “1) xxxx xxxxxx xxxxxx xxxxxx xxxxxx - 2) xxxxxx xxxxxxx xxxxx xxxxxx - 3) Concerned DMOs are directed to transfer the staff working in the shifted post of NFCP units, filaria survey units, Filaria control works, Cherthala and Zonal Malaria units to the constituted District Vector Control units as specified in the Government order referred. - 4) The Government buildings where the NFCP units, Filaria survey units, Filaria control works are functioning will be retained as field stations of the respective District Vector Control units. - 5) While shifting the unit or staff from one district to another, the junior most person holding the post may be transferred first. Those appointed on DRB may be retained in the available vacancies in the district.” - (Emphasis supplied) 16. We are of the considered view that non-consideration of certain aspects emerging from the materials on record, which are very relevant for consideration of the aforesaid question, were not taken into account by the Tribunal while passing the order in O.A.No.1151 of 2014 and also while passing the impugned common order dated 6.4.2018. In the order in O.A No.1151 of 2014, the decision was rendered, obviously O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 43 taking, rather treating Ext.P1 G.O dated 04.02.2010, also as an order, _inter alia_ abolishing the Filaria Control Unit, Cherthala. The Tribunal followed the said finding while rendering the impugned common order. However, the materials on record referred hereinbefore, would go to show that ‘abolition of FCW, Cherthala’ was an interpretation given to G.O.(P).No.50/2010/H& FWD dated 4.2.2010 and order bearing No.C19469/2010/DMO(H)A, dated 3.6.2010 by the Tribunal, without carefully considering such very relevant aspects. As a matter of fact, in none of the documents produced by the parties in all these proceedings there is anything indicating or showing that FCW, Cherthala was abolished. On the contrary, a bare perusal of the aforesaid G.O. dated 04.02.2010 would reveal that as a policy, the Government of Kerala had ordered that the various committees and cells constituted consequent on the outbreak of Mosquito borne viral diseases, for co-ordination of disease control and monitoring systems from the state level to the local ward level by pooling all resources to ensure early detection of epidemics and its control and the District level cells set up in that regard should thereafter co-ordinate the functioning of NFCP units after re-designating as District Vector Control Units (DVC Units). Indisputably, FCW, Cherthala was one among such cells constituted for the said purpose. In order to vitalize the personnel in DVC Units re-distribution of staff from O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 44 such cells are proposed by the Director of Health Services, as can be seen from G.O. dated 4.2.2010. The last paragraph in the said G.O. dated 4.2.2010 would reveal that Government had further ordered thereunder that the follow up actions on the activities of District Vector Control Units (i.e., formerly NFCP units, Vector Survey Units, FS Units etc.) and the establishment matters of the staff of the DVC units should be dealt with in the concerned sections in the Health & Family Welfare Department. Thus, it can be seen that the Director of Health Services obtained authorisation to take follow up action in the aforesaid matter. Ext.P2 order dated 19.4.2010 in O.P.(KAT) No.184 of 2018 came to be issued by the Director of Health Services in the aforesaid circumstances. The authority of DHS to issue such orders in view of G.O. dated 4.2.2010 is not at all disputed and in fact, it is an admitted position. In this context, it is to be noted that production of such documents along with the captioned original petitions were not challenged by the respondents in those original petitions and none got any dispute regarding their existence. In fact, Ext.P2 order dated 19.4.2010 in O.P.(KAT) No.184 of 2018 is a document which was produced in O.A.No.1151 of 2014 as Annexure-R4(3) and obviously, this was also specifically referred to in paragraph 9 of the impugned common order dated 6.4.2018. Out of the seven directions issued under O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 45 Ext.P2 order dated 19.4.2010 we have already extracted direction Nos.3 to 5. Direction No.3 therein specifically carrying a direction to DMOs concerned to transfer the staff working in the shifted posts of FCW, Cherthala as well, to the constituted DVC Units in the manner specified in the G.O. dated 4.2.2010. As per Direction No.4 the building where FCW, Cherthala was functioning was also ordered to be retained as field stations of the respective DVC Units. In this context, it is also relevant to note that the applicants in O.A.No.1151 of 2014 were retained, in terms of condition No.5 of Ext.P2 order dated 19.4.2010 in the DVC Unit Alappuzha as they being seniors in the category of Field Assistants in FCW, Cherthala, as is evident from the order in O.A.No.1151 of 2014, including its very cause title. Now, an analysis of all these documents referred above would undoubtedly show that what had actually occurred to the cells constituted consequent on the outbreak of Mosquito borne viral diseases, for co-ordination of disease control and monitoring systems from the state level to the local ward level by pooling all resources to ensure early detection of epidemics and its control, including FCW, Cherthala was not an abolition, but Government as part of its policy re-designated them as DVC Units and re-distributed the staff and effected shifting of staff in one such unit to other DVC units. As authorised by the Government the Director of O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 46 Health Services issued directions to DMOs concerned to transfer the staff working in the shifted posts in FCW, Cherthala as well to the concerned DVC Unit and Annexure-R6 in O.P.(KAT) No.184 of 2018 came to be passed in the said circumstances. O.A.No.1151 of 2014 would further go to show that the staff in the posts not shifted to DVC Unit, Kottayam continued as staff of DVC Unit, Alappuzha. Shortly stated, there was no abolition of FCW, Cherthala and based on the orders referred above it virtually became part of DVC Unit, Alappuzha based on re-designation. The words ‘designate’ and ‘re-designate’ are not alien to service jurisprudence. In Wharton's Law Lexicon Fifteenth Edition, the meaning of the word “designate”’ is given as follows:- “to indicate, select, appoint, nominate or set apart for a purpose or duty, as to designate an officer for a command, to mark out and make known, to point out, to name; indicate;” The meaning of the word “designate” as aforesaid was taken note of by the Hon'ble Apex Court in **A.Sudhakar** v. **Post Master General, Hyderabad** reported in **(2006) 4 SCC 348).** In the decision in **Harbhajan Singh** v. **Press Council of India and Others** reported in **(2002) 3 SCC 722,** while considering the question under the Press Council Act, 1978, whether a retiring member of Council is eligible for re-nomination for not more than one term, the significance of the prefix O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 47 “re” was considered by the Hon'ble Apex Court. It was held:- “ “Re” means again, and is freely used as a prefix. It gives colour of “again” to the verb with which it is placed.” In such circumstances, when the word “re-designate” is used it should be taken that the act of designation had again taken place. In short, there can be no room for any doubt that once designation is given, re-designation could occur only to that very designated thing or person. In such eventualities, it cannot be said that the re-designated thing by re-designation would get abolished and in fact, it will continue to exist, some times with the same nature and functions or with different functions and duties, subject to the conditions and terms in the relevant order of re-designation. It is also necessary to look into the difference in the meaning of the words 'abolition' and 'shifting', in the context of the contentions. In the decision in **Gurdich Sing Aulakh** v. **State of Punjab (AIR 1974 SC 2058)** the Apex Court took the meaning of the word ‘abolish’ as “to destroy, extinguish, abrogate or annihilate”. Going by the Black Law Dictionary, 7[th] edition, it means the act of abolishing, the state of being annulled or abrogate. Going by the meaning of the word 'shift' in Oxford Advanced Learners Dictionary of current English it means ' to move', or 'move something from one position or place to another'. O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 48 17. DVC unit, Kottayam was constituted by shifting different posts in different cadres from Filaria Control Works, Cherthala, as per Ext.P1 order dated 4.2.2010. The staff structure of Kottayam District Vector Control Unit going by Ext.P1 would reveal as inclusive of 7 posts of Field Assistants and 31 posts of Field Workers. The station in which the post is shifted and the consequential order dated 03.06.2010 would indicate that all the 7 posts of Field Assistant and 31 posts of Field Worker are shifted from FCW Cherthala to DVC Unit Kottayam, with the incumbents. The order dated 03.06.2010 would further reveal that out of the 31 posts of Field workers included in the staff structure of DVC Unit Kottayam 16 such posts in FCW Cherthala in Alappuzha District were shifted with the incumbents to DVC Unit Kottayam. In AnnexureR6 order dated 03.06.2010, it is further stated thus: “The remaining vacant post of 14 Field Workers will be shifted along with staff later as and when PSC advises candidates.” Later, as per Ext.P4 order bearing No. C1-9469/10/DMO(H) A dated 19.07.2010 in OP(KAT)No.184/2018 of the DMO(H), Alappuzha, after referring to the afore-extracted portion from Annexure-R6 dated 03.06.2010, the subsequently advised PSC candidates appointed to FCW, Cherthala as per order bearing No.A3-20840/08/DMO(H)A, dated 13.07.2010 were relieved with direction to report before Entomologist O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 49 DVC Unit Kottayam. Ext.P5 is also a similar order dated 23.7.2010 issued in the same circumstances, in respect of two other appointees. They were also relieved immediately on their joining, with direction to report before Entomologist DVC Unit Kottayam. If the relieving of the petitioners in O.P.(KAT)Nos.184 & 186, of 2016 was a mere transfer on abolition of FCW, Cherthala on their becoming surplus, to avoid retrenchment, where is the question of relieving the subsequently advised and appointed candidates in Alappuzha with direction to report before Entomologist DVC Unit Kottayam? All the aforesaid facts and situations revealed from records fortify our view that FCW, Cherthala was not abolished as per G.O. dated 4.2.2010 and what was done as a policy by the Government of Kerala was to re-designate the cells constituted consequent on the outbreak of Mosquito borne viral diseases, for co-ordination of disease control and monitoring systems from the state level to the local ward level by pooling all resources to ensure early detection of epidemics and its control, including FCW, Cherthala, as DVC Units. Powers of the Government exercised in a such manner is for the public interest. When such units are constituted by shifting posts from cells constituted on earlier occasion and against such posts shifted personnel who were working in those posts were relieved and posted it cannot be termed as an inter-district transfer O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 50 merely because the posts were so shifted to a DVC Unit in another district. So also, as a recognised policy, if in terms of the aforeextracted direction No.5 in Ext.P2 order dated 19.04.2010, marked as such in O.P.(KAT) No.184 of 2018, while shifting the units or staff from one district to another the junior most persons holding the post were transferred first and the seniors in the concerned cadre were retained, cannot be a reason for the juniors to claim a transfer back to the district to which they were originally recruited as a matter of right especially when they accepted their relieving and consequential posting in the newly constituted DVC Units without any demur. Consequently, they are also not liable to suffer any kind of discrimination owing to the fact they came from another district upon constitution of DVC Units for the purpose of its establishment. In short, upon such transfers and postings they cannot be said to have left a lien in their parent cell to claim or to be compelled to go back there. In such circumstances, we have no hesitation to hold that setting aside the promotion granted to the 5[th] respondent in O.A.No.166 of 2016 as also making him and the other applicants in O.A.(Ekm) No.1559 of 2016, in O.A.No.2128 of 2016 and similarly situated parties to suffer exclusion from the seniority list of Field Workers in DVC Unit, Kottayam ordered as per Order No.EG/553609/2015/DHS dated 1.9.2016 and Order No.53509/2015/DHS dated O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 51 5.9.2016 viz., Annexures A1 and A2 respectively in O.A.(Ekm)No.1559 of 2016 and in O.A.No.2128 of 2016 cannot be sustained. In view of the above conclusions and findings it is clear that the foundation for the common order dated 6.4.2018 passed by the Kerala Administrative Tribunal in O.A.Nos.166 & 2128, of 2016, O.A.(Ekm)No.1559 of 2016 and Unnumbered Review Application in O.A.No.1151 of 2014 is removed. In such circumstances, the maxim ‘ _Sublato fundamento cadit opus_ ’, which means,- ‘foundation being removed, structure/work falls’ attracts. (See the decisions in **State of Punjab** v. **Davinder Pal Singh Bhullar(AIR 2012 SC 364)** and **Kanwar Singh Saini** v. **High Court of Delhi [(2012) 4 SCC 307])** . 18. In the light of the discussion above it can only be held that the conclusion and findings of the Tribunal, based on the order in O.A.No.1151 of 2014 that the petitioners in O.P.(KAT) Nos.184 and 186, of 2018 came to DVC Unit Kottayam was only a transfer pursuant to the abolition of FCW Cherthala to avoid retrenchment can only be held as against the materials on record and as such as perverse. Consequently, O.P.(KAT)Nos.184 and 186 of 2018 are allowed. The common order dated 6.4.2018 passed by the Kerala Administrative Tribunal to the extent in O.A.Nos.166 & 2128, of 2016, O.A.(Ekm)No.1559 of 2016, is set set aside and O.A.No.2128 of 2016, O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 52 O.A.(Ekm)No.1559 of 2016 are allowed. Annexures-A1 and A2 therein stand quashed. O.A.No.166 of 2016 will stand dismissed. In terms of the same O.P.(KAT)Nos.242, 250 & 252, of 2018 are allowed. Consequently, Annexure-A7 in O.A.No.166 of 2016 will stand revived. It is made clear that we have not made any observation regarding the right or otherwise of those who accepted the order of re-transfer to Alappuzha, if any, based on Annexures-A1 and A2, without any demur. It is also made clear that the order of the Tribunal in O.A.No.1151 of 2014 will continue to bind the parties and hence, the Unnumbered Review Application in O.A.No.1151 of 2014 will stand closed. In such circumstances, with the said observation O.P.(KAT)No.424 of 2018 stands closed. Sd/- **C.T.RAVIKUMAR Judge** Sd/- **V.G.ARUN Judge** TKS O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 53 ## **APPENDIX OF OP(KAT) 184/2018** ## **PETITIONERS' EXHIBITS** **EXHIBIT P1 COPY OF THE GO(P)NO.50/2010/H&FWD DATED 4.2.2010 EXHIBIT P2 COPY OF ORDER NO.PLB4-8653/08/DHS DATED 19.4.2010** **EXHIBIT P3 COPY OF ORDER NO.A3/7702/2010 DATED 30.04.2010 EXHIBIT P4 COPY OF THE ORDER NO.C1-9469/10/DMO(H)A,DATED 19.07.2010.** **EXHIBIT P5 COPY OF ORDER NO.C1-9469/10/DMO(H)A DATED 23.07.2010** **EXHIBIT P6 COPIES OF THE ADVICE MEMOS ISSUED TO THE APPLICANTS** **EXHIBIT P7 APPOINTMENT ORDER OF THE JUNIORS TO THE PETITIONERS** **EXHIBIT P8 COPY OF THE COMMON ORDER DATED 6.4.2018 IN OA.2128/2016 EXHIBIT P9 COPY OF THE ORIGINAL APPLICATION NO.2128/2016 EXHIBIT P10 COPY OF THE REPLY STATEMENT DATED 5.1.2017 FILED BY THE 2ND RESPONDENT IN O.A.2128/2016** **EXHIBIT P11 COPY OF THE REPLY STATEMENT DATED 19.7.2017 FILED BY RESPONDENTS 6 TO 10. EXHIBIT P12 COPY OF THE REPLY STATEMENT DATED 24.2.2018 IN O.A.166/2016** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 54 **EXHIBIT P13 COPY OF THE ORDER NO.A3/8030/2015/GMOR KOTTAYAM DATED 28.4.2018.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 55 ## **APPENDIX OF OP(KAT) 186/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 COPY OF THE ORIGINAL APPLICATION NO. OA (EKM) NO. 1559/2016.** **EXHIBIT P2 COPY OF THE REPLY STATEMENT FILED BY THE 6TH RESPONDENT IN OA(EKM) NO. 1559/2016.** **EXHIBIT P3 COPY OF ORDER DATED 6-4-2018 IN OA (EKM) NO.1559/2016.** **EXHIBIT P4 COPY OF GO(P) NO. 50/2010/H&FWD DATED 4-2-2010. EXHIBIT P5 COPY OF THE ORDER NO.PLB4-8653/08/DHS DATED 19-4-2010.** **EXHIBIT P6 COPY OF THE ORDER NO.A3/7702/2010 DATED 30-04-2010. EXHIBIT P7 COPY OF THE ORDER NO.C1-9469/10/DMO(H) A, DATED 19-07-2010. EXHIBIT P8 COPY OF ORDER NO.C1-9469/10/DMO(H) A DATED 23-07-2010. EXHIBIT P9 COPIES OF ADVICE MEMOS ISSUED TO THE APPLICANTS.** **EXHIBIT P10 APPOINTMENT ORDER OF THE JUNIORS TO THE PETITIONERS. EXHIBIT P11 COPY OF THE INTERIM ORDER DATED 4-5-2018 IN OP(KAT) NO. 184/2018 PASSED BY THIS HON'BLE COURT.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 56 **EXHIBIT P12 COPY OF THE ORDER NO.A3/8030/2015/GMOR KOTTAYAM DATED 28-4-2018.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 57 ## **APPENDIX OF OP(KAT) 242/2018** ## **PETITIONERS' EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF G.O.(P)NO.50/2010/H&FWD DATED FEBRUARY 04, 2010.** - **EXHIBIT P2 TRUE COPY OF THE ORDER NO.C19469/2010/DMO(H)A, DATED JUNE 03, 2010 PASSED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P3 TRUE COPY OF THE ORDER NO.C1-9469/10/DMO(H)A, DATED JULY 19, 2010 ISSUED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P4 TRUE COPY OF THE ORDER NO.C1-9469/10/DMO(H)A, DATED JULY 23, 2010 ISSUED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P5 TRUE COPY OF THE COMMUNICATION/REPLY NO.122/2017DVC UNIT DATED JUNE 19, 2017 ISSUED BY THE SENIOR BIOLOGIST.** - **EXHIBIT P6 TRUE COPY OF THE ORDER NO.A3/7702/10 DATED APRIL 30, 2010 ISSUED BY THE DMO KANNUR.** - **EXHIBIT P6(A) TRUE COPY OF THE ORDER NO.A1/7568/2010 DATED APRIL 30, 2010 ISSUED BY THE DMO KANNUR.** - **EXHIBIT P7 TRUE COPY OF THE SENIORITY LIST PREPARED BY THE DISTRICT MEDICAL OFFICER OF ALAPPUZHA.** - **EXHIBIT P8 TRUE COPY OF THE O.A.NO.166 OF 2016 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P9 TRUE COPY OF THE O.A.NO.1559 OF 2016 FILED BEFORE THE TRIBUNAL.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 58 **EXHIBIT P10 TRUE COPY OF THE O.A.NO.2128 OF 2016 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P11 TRUE COPY OF THE ORDER DATED 06-04-2018 IN OA2128/2016 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P12 TRUE COPY OF THE ORDER NO.A3/8030/2015/G.DMOH DATED 18-04-2018 PASSED BY THE DISTRICT MEDICAL OFFICER (HEALTH).** - **EXHIBIT P13 TRUE COPY OF THE R.A.NO.16 OF 2018 IN O.A. (EKM)NO.1559/2016 FILED BEFORE THE TRIBUNAL.** **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 08-06-2018 IN R.A.16/2018 IN OA-1559/2016 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 59 ## **APPENDIX OF OP(KAT) 250/2018** ## **PETITIONERS' EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF G.O(P) NO.50/2010/H&FWD DATED FEBRUARY 04/2010.** - **EXHIBIT P2 TRUE COPY OF THE ORDER NO.C1-9469/2010/DMO(H)A, DATED JUNE 03, 2O1O PASSED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P3 TRUE COPY OF THE ORDER NO.C1-9469/10/DMO(H)A DATED JULY 19, 2010 ISSUED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P4 TRUE COPY OF THE ORDER NO.C1-9469/10/DMO(H)A DATED JULY 23, 2O10 ISSUED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P5 TRUE COPY OF THE COMMUNICATION/REPLY NO.122/2017DVC UNIT DATED JUNE 19, 2O17 ISSUED BY THE SENIOR BIOLOGIST.** - **EXHIBIT P6 TRUE COPY OF THE ORDER NO.A3/7702/10 DATED APRIL 3O, 2O1O ISSUED BY THE DMO KANNUR.** **EXHIBIT TRUE COPY OF THE ORDER NO.A1/7568/2010 DATED P6(A) APRIL 3O, 2010 ISSUED BYTHE DMO KANNUR. EXHIBIT P7 TRUE COPY OF THE SENIORITY LIST PREPARED BY THE DISTRICT MEDICAL OFFICER OF ALAPPUZHA.** **EXHIBIT P8 TRUE COPY OF THE O.A NO.166 OF 2016 FILED BEFORE THE TRIBUNAL. EXHIBIT P9 TRUE COPY OF THE O.A NO.(EKM) 1559 OF 2016 FILED BEFORE THE TRIBUNAL.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 60 - **EXHIBIT P10 TRUE COPY OF THE O.A NO.2128 OF 2016 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P11 TRUE COPY OF THE ORDER DATED 06.04.2018 IN O.A 166/2016 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P12 TRUE COPY OF THE ORDER NO.A3/8030/2015/G.DMOH DATED 28.04.2018 PASSED BY THE DISTRICT MEDICAL OFFICER (HEALTH)** - **EXHIBIT P13 TRUE COPY OF THE R.A NO.17 OF 2018 IN O.A NO.166/2016 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 08.06.2018 IN R.A 17/2018 IN O.A NO.166/2016 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 61 ## **APPENDIX OF OP(KAT) 252/2018** ## **PETITIONERS' EXHIBITS** - **EXHIBIT P1 TRUE COPY OF G.O(P)NO.50/2010/H&FWD DATED FEBRUARY 04, 2010.** - **EXHIBIT P2 TRUE COPY OF THE ORDER NO.C19469/2010/DMO(H)A, DATED JUNE 03, 2010 PASSED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P3 TRUE COPY OF THE ORDER NO.C1-9469/10/DMO(H)A DATED JULY 19, 2010 ISSUED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P4 TRUE COPY OF THE ORDER NO.C1-9469/10/DMO(H)A DATED JULY 23, 2010 ISSUED BY THE DMO, ALAPPUZHA.** - **EXHIBIT P5 TRUE COPY OF THE COMMUNICATION/REPLY NO.122/2017/DVC UNIT DATED JUNE 19,2017 ISSUED BY THE SENIOR BIOLOGIST.** - **EXHIBIT P6 TRUE COPY OF THE ORDER NO.A3/7702/10 DATED APRIL 30, 2010 ISSUED BY THE DMO KANNUR.** - **EXHIBIT P6(A) TRUE COPY OF THE ORDER NO.A1/7568/2010 DATED APRIL 30, 2010 ISSUED BY THE DMO KANNUR.** - **EXHIBIT P7 TRUE COPY OF THE SENIORITY LIST PREPARED BY THE DISTRICT MEDICAL OFFICER OF ALAPPUZHA.** - **EXHIBIT P8 TRUE COPY OF THE O.A.NO.166 OF 2016 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P9 TRUE COPY OF THE O.A.(EKM)NO.1559 OF 2016 FILED BEFORE THE TRIBUNAL.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 62 **EXHIBIT P10 TRUE COPY OF THE OA.NO.2128 OF 2016 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P11 TRUE COPY OF THE ORDER DATED 06-04-2018 IN OA 2128/2016 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.** - **EXHIBIT P12 TRUE COPY OF THE ORDER NO.A3/8030/2015/G.DMOH DATED 18-04-2018 PASSED BY THE DISTRICT MEDICAL OFFICER (HEALTH).** - **EXHIBIT P13 TRUE COPY OF THE R.A.NO.18 OF 2018 IN O.A.NO.2128/2016 FILED BEFORE THE TRIBUNAL.** **EXHIBIT P14 TRUE COPY OF THE ORDER DATED 08-06-2018 IN R.A.18/2018 IN OA 2128/2016 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.** O.P.(KAT)Nos.184, 186, 242, 250, 252 & 424, of 2018 63 ## **APPENDIX OF OP(KAT) 424/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 COPY OF THE G.O.(P)NO.50/2010/H & FWD DATED 04.02.2010.** **EXHIBIT P2 COPY OF ORDER NO.PLB4-8653/08/DHS DATED 19.04.2010.** **EXHIBIT P3 COPY OF ORDER NO.A3/7702/2010 DATED 30.04.2010.** **EXHIBIT P4 COPY OF THE ORDER NO.C1-9469/10/DMO(H) A DATED 19.07.2010.** **EXHIBIT P5 COPY OF ORDER NO.C1-9469/10/DMO(H) DATED 23.07.2010.** **EXHIBIT P6 COPIES OF THE ADVICE MEMOS ISSUED TO THE APPLICANTS.** - **EXHIBIT P7 ADVICE MEMOS OF THE JUNIORS TO THE PETITIONERS. EXHIBIT P8 COPY OF THE COMMON ORDER DATED 06.04.2018 UNNUMBERED RA/2016.** **EXHIBIT P9 COPY OF THE UNNUMBERED RA/2016 ALONG WITH ANNEXURES.** **EXHIBIT P10 COPY OF THE REPLY STATEMENT DATED 24.02.2018 IN OA 166/2016.** **EXHIBIT P11 ORDER NO.A3/8030/2015/GMOR KOTTAYAM DATED 28.04.2018 ISSUED BY 5TH RESPONDENT.** ## **TKS**