High Court of KeralaDivision BenchO.P.(KAT) No.261/2019 stands dismissed. O.P.(KA...

O.P.(KAT) Nos. 261 of 2019 & 152 of 2020

Case / Petition Number:O.P.(KAT) Nos.261/19 & 152/20

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas, J.
  • T.R.Ravi, J.
Judgment Date
2021-03-09
Court Decision / Holding
The Court dismissed O.P.(KAT) No.261/2019. It disposed of O.P.(KAT) No.152/2020 by directing the respondents to reconsider Ext.P6, and to regularise the applicant (Syamala) as a Part Time Sweeper from 03.10.2001 with arrears, and to implement final orders within two months. The Government order Ext.P7 (GO RT 105/2009) was quashed. The Tribunal’s order was modified to reflect these directions.
Final Disposition
O.P.(KAT) No.261/2019 stands dismissed. O.P.(KAT) No.152/2020 is disposed of with directions to regularise the applicant as a Part Time Sweeper from 03.10.2001 and to pay arrears, with two months to finalise orders; Ext.P7 (GO RT 105/2009) quashed. The order of the Tribunal is modified accordingly and final orders with consequential payments are to be issued by the respondents within the specified period. The government’s challenge to the Tribunal’s order is rejected to the extent of directing regularisation as described in the judgment.

Parties to the Case

Appellants / Petitioners

  • P. Susheela
  • Syamala

Respondents

  • State of Kerala
  • Director of Panchayaths
  • Punnapra North Grama Panchayath

Legal Representation & Advocates

Counsels for Petitioners

  • • S. Prasanth (Ayyappankavu)
  • • Smt. Varsha Bhaskar

Counsels for Respondents

  • • S. Prasanth (Ayyappankavu)
  • • Smt. Varsha Bhaskar
  • • Sri Jyothish D. Monny
  • • Sri V.A. Muhammed
  • • Sri V. Rajasekharan Nair

Case Synopsis & Summary

The Kerala High Court hears two petitions (O.P.(KAT) Nos. 261/2019 and 152/2020) challenging a Kerala Administrative Tribunal (KAT) order (OA 2389/2017) directing regularisation of casual sweepers in Punnapra North Grama Panchayath. The core issue is whether a casual sweeper who has served for long periods is entitled to regularisation as a Part Time Sweeper under GO (P) 501/2005 and its amendments, and GO 61/2010, in light of sweeping areas and the inclusion of public markets and other places in regularisation. The Court traces Mercy v. State of Kerala (2004) and the subsequent State of Kerala v. Mercy (W.A.1863/2004) to endorse a policy where sweepers sweeping public places/markets, etc., are not categorically deprived of regularisation. It addresses the contention that changes in sweeping area post-2005 affect eligibility and holds that the benefit extends to all eligible sweepers, including those sweeping markets and public spaces. The Court also finds fault with a later Government order (Ext.P7, G.O. RT 105/2009) and quashes it. The judgment directs reconsideration of proposal Ext.P6 and orders regularisation for the petitioner in 152/2020 from 03.10.2001 with arrears, while dismissing the State’s challenge in 261/19. The decision harmonises regularisation for those sweeping public spaces with earlier beneficial precedents.

Provisions of Law Cited

G.O.(P) No.501/2005/Fin dated 25.11.2005G.O.(P) No.61/2010/Fin dated 09.02.2010G.O.(MS) No.221/2011/LSGD dated 13.09.2011Mercy v. State of Kerala, 2004 (2) KLT 848State of Kerala & Ors v Mercy & Ors, W.A.No.1863 of 2004 and connected casesG.O.(RT) No.105/2009/LSGD dated 19.01.2019 (Exhibit P7)

Legal Doctrines & Maxims

  • No distinction in regularisation between office sweepers and sweepers of public places (marketplaces, streets, bus stands, etc.) as per Mercy precedents.
  • Regularisation benefits extend where sweeping area regimens or measurements later increase, if the appointments predate the cut-off (25.11.2005).
  • Judicial consistency in applying regulatory GO provisions to long-serving casual sweepers (Mercy doctrine)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that GO 501/2005, as amended by GO 61/2010, and Mercy precedents establish eligibility for regularisation for casual sweepers including those assigned to markets and public spaces; the area-based thresholds and market-area inclusion justify regularisation from the date of continuous service (03.10.2001) with arrears, and the Tribunal’s order should be upheld. They emphasize no distinctions should deny those performing arduous public cleaning tasks.

Contentions of Respondents

The respondents argue that GO 501/2005 does not automatically apply to market and public-space sweepers post-2005, but GO 61/2010 clarifies, and that measurement exclusions (excluding market area) may bar regularisation unless extended by precedent. They submit that the Tribunal’s directions were misapplied and that Ext.P7 (GO RT 105/2009) should not direct regularisation; they contend the relief should be construed narrowly and require further scrutiny.

Cited Precedents (8)

Case NameCitationTreatmentExplanation
Mercy v. State of Kerala2004 (2) KLT 848PositiveDirectly cited as the leading authority on regularisation of casual sweepers in public spaces and markets.
State of Kerala & Ors v Mercy & OrsW.A.No.1863 of 2004PositiveConfirmed Mercy’s direction and extended the principle to related cases.
W.P.(C) No.16151 of 2010—PositiveJudge noted that there should be no harsh distinction between types of sweepers; supports regularisation.
W.P.(C) No.3866 of 2011—PositiveSupports broader regularisation of sweepers in similar contexts.
W.P.(C) No.1099 of 2011—PositiveAffirms policy of extending regularisation to relevant sweepers.
O.P.(KAT) No.26 of 2019—PositiveDivision Bench held regularisation from the date the area exceeds the limit.
O.P.(KAT) No.340 of 2018—PositiveAgreeing with broader regularisation approach for sweepers.
O.A.(EKM) 2389/2017—Mentioned OnlyTribunal OA under challenge; cited as factual background, not as binding precedent.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against O.P.(KAT) Nos. 261 of 2019 & 152 of 2020 and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

O.P.(KAT)Nos.261/19 & 152/20 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942** ## **OP(KAT).No.261 OF 2019** **AGAINST THE ORDER IN OA 2389/2017 DATED 04-04-2018 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM** ## **PETITIONERS/RESPONDENTS 1 & 2 IN OA(EKM):** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**LOCAL SELF GOVERNMENT DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001,**| ||**KERALA.**| |**2**|**THE DIRECTOR OF PANCHAYATH,**| ||**PUBLIC OFFICE BUILDING,**| ||**VIKAS BHAVAN P.O.,**| ||**THIRUVANANTHAPURAM-695033.**| ||**BY SR. GOVERNMENT PLEADER SRI B. VINOD**| ## **RESPONDENTS/APPLICANT & RESPONDENTS 3&4 IN OA(EKM):** |**1**|**SYAMALA**| |---|---| ||**AGED 57 YEARS**| ||**CASUAL SWEEPER,**| ||**PUNNAPRA NORTH PANCHAYATH,**| ||**AMBALAPPUZHA TALUK, ALAPPUZHA,**| ||**RESIDING AT CHIRAYIL (KATTADI VALLAPP),**| ||**PUNNAPRA P.O., ALAPPUZHA,**| ||**KERALA-688004.**| |**2**|**PUNNAPRA NORTH PANCHAYATH,**| ||**REPRESENTED BY ITS SECRETARY,**| ||**AMBALAPPUZHA TALUK,**| ||**ALAPPUZHA-680006, KERALA.**| O.P.(KAT)Nos.261/19 & 152/20 2 **3 P.SUSHEELA, PART TIME SWEEPER, PUNNAPRA NORTH PANCHAYATH, AMBALAPPUZHA TALUK, ALAPPUZHA, KERALA-680006.** **R1 BY ADV. SRI.S.PRASANTH (AYYAPPANKAVU) R1 BY ADV. SMT.VARSHA BHASKAR R1 BY ADV. SRI.JYOTHISH D.MONY R3 BY SRI V.A.MUHAMMED** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.02.2021, ALONG WITH OP(KAT).152/2020, THE COURT ON 09.03.2021 DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.261/19 & 152/20 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** # **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942** ## **OP(KAT).No.152 OF 2020** **AGAINST THE ORDER IN OA (EKM) 2389/2017 DATED 04-04-2018 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/APPLICANT:** **SYAMALA,AGED 57 YEARS CASUAL SWEEPER, PUNNAPRA NORTH PANCHAYATH, AMBALAPPUZHA TALUK, ALAPPUZHA-688561, AMBALAPPUZHA TALUK,ALAPPUZHA-688561** **BY ADVS.SRI.S.PRASANTH (AYYAPPANKAVU) SMT.VARSHA BHASKAR** ## **RESPONDENTS/RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**LOCAL SELF GOVERNMENT DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695 001**| |**2**|**DIRECTOR OF PANCHAYATHS,PUBLIC OFFICE BUILDING,**| ||**VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033**| |**3**|**PUNNAPRA NORTH PANCHAYATH,REPRESENTED BY ITS**| ||**SECRETARY, AMBALAPPUZHA TALUK,**| ||**ALAPPUZHA-688 561**| |**4**|**P.SUSHEELA,PART TIME SWEEPER,**| ||**PUNNAPRA NORTH PANCHAYATH,AMBALAPPUZHA TALUK,**| ||**ALAPPUZHA-688 561**| **R3 BY ADV. SRI.V.A.MUHAMMED R3 BY ADV. SRI.V.RAJASEKHARAN NAIR** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23-02-2021, ALONG WITH OP(KAT).261/2019, THE COURT ON 09-03-2021 DELIVERED THE FOLLOWING:** O.P.(KAT)Nos.261/19 & 152/20 4 **ALEXANDER THOMAS & T.R. RAVI, JJ. -----------------------------------------------O.P.(KAT) No.261 of 2019** _&_ **O.P.(KAT) No.152 of 2020** [Both a _rising out of order dated 04.04.2018 in O.A.(Ekm)No.2389 of 2017 of KAT, Ekm]_ **----------------------------------------------Dated this the 9[th] day of March, 2021** ## **JUDGMENT** ## **T.R. RAVI, J.** The order dated 04.04.2018 of the Kerala Administrative Tribunal, Ernakulam Bench (hereinafter referred to as Tribunal) in O.A.(Ekm)No. 2389 of 2017 has been challenged by the State of Kerala and its officers/authorities in O.P.(KAT) No.261 of 2019 and by the applicant in O.P.(KAT)No.152 of 2020. The parties are referred to as per their status in the original application. 2. The issue relates to entitlement of the applicant to be regularised in service as a Part Time Sweeper. Pursuant to directions issued by a learned Single Judge of this Court in its judgment in **Mercy v. State of Kerala** reported in [2004 (2) KLT 848], confirmed by a Division Bench in its judgment dated 12.08.2005 in **State of Kerala** **& Ors. v. M.M.Mercy & Ors. (W.A.No.1863 of 2004 and** O.P.(KAT)Nos.261/19 & 152/20 5 **connected cases)** , the State Government had issued GO(P) No.501/2005/Fin dated 25.11.2005, introducing a scheme to govern the cases of regularisation of existing eligible casual sweepers and regarding appointments to future vacancies. Paragraph 8 of the above Government order deals with regularisation of the existing casual sweepers. As per the Government order, the sweeping area has to be calculated in accordance with the guidelines given in the appendix, the measurement being carried out by the PWD officials after notice to the incumbent casual sweeper and in his presence. Wherever the sweeping area exceeds 100 M[2] and if there is no post of Part Time Sweeper sanctioned for the office in question, but there is a casual sweeper being engaged, steps are to be taken for creation of a post of part time contingent sweeper. The posts are to be created with effect from the date of appointment of the incumbent as casual sweeper or from 18.6.2001 (i.e., three years preceding the date of the judgment of the learned Single Judge in **Mercy v. State of Kerala** [2004 (2) KLT 848]), whichever is later. 3. The Government thereafter issued G.O.(P)No.61/2010/Fin. dated 09.02.2010 modifying the earlier order dated 25.11.2005. It was ordered that all existing sweepers other than casual sweepers, irrespective of the mode of appointment, shall also be entitled for O.P.(KAT)Nos.261/19 & 152/20 6 regularisation based on the sweeping area, provided that their appointments were made on or before the issuance of the Government order dated 25.11.2005. 4. In the case on hand, the applicant claims to have been engaged as casual sweeper on daily wages in the Punnapra North Grama Panchayat from 2000 onwards when the Grama Panchayat was formed, that when the applicant was engaged, the sweeping area was 900 M[2] and that when the sweeping area exceeded 900M[2] , the 4[th] respondent Smt.Suseela was also appointed as part time sweeper, on 16.08.2001. The applicant contends that she is thus senior to Smt.Susheela. The applicant was sweeping/cleaning the Panchayat market and the community Hall. It is contended that both the market as well as the community hall is regularly swept and cleaned and having regard to the sweeping area, two part time sweepers are required for cleaning the said areas. The applicant states that the 4[th] respondent was regularised as Part time sweeper with effect from 01.11.2001 as per Annexure A2 order G.O.(MS)No.221/2011/LSGD dated 13.9.2011. The applicant claimed regularisation, since the sweeping area was more than 900 M[2] , which allows the engagement of two part time sweepers. Apparently, the said claim is made on the basis of paragraphs 14 and 15 of G.O(P)No.501/2005/Fin. dated 25.11.2005. O.P.(KAT)Nos.261/19 & 152/20 7 Despite the fact that the Panchayat had taken up the issue of regularisation of the applicant before the Government on several occasions, no decision was being taken. It is in the above situation that the applicant approached the Tribunal by filing O.A.(Ekm) No.2389 of 2017. The 3[rd] respondent filed reply statement, wherein it is stated that the only reason for not regularising the applicant, who is working as casual sweeper with effect from 03.10.2001, is that the sweeping area was found to be less than 800 M[2] and that the said measurement was excluding the market area. It is also stated that the sweeping area, excluding the market area had increased to 1129.356 M[2] with effect from 08.12.2012 and as such they have no objection in regularising the applicant from 08.12.2012 onwards. The 4[th] respondent filed reply statement, wherein it is contended that she is not junior to the applicant since both of them were appointed on the basis of the very same resolution passed by the Panchayat on 16.08.2001. The Tribunal by order dated 04.04.2018, disposed of the application directing the 3[rd] respondent to forward necessary proposals to the 2[nd] respondent for creation of an additional post of regular part time sweeper in the 3[rd] respondent Grama Panchayat and to regularise the applicant against the said post. Subsequent to the order of the Tribunal, the Panchayat on 30.04.2018 forwarded a proposal for regularisation of the applicant. O.P.(KAT)Nos.261/19 & 152/20 8 The above document has been produced along with a miscellaneous application before the Tribunal which has been marked as Ext.P6 in O.P.(KAT)No.261 of 2019. The said proposal was rejected by the Government as per order dated 19.01.2019, which has been marked as Ext.P7 along with O.P.(KAT)No.261 of 2019. On 27.02.2019, the Tribunal directed the respondents to file an affidavit as to why Ext.P7 was issued, which is totally against the order dated 04.04.2018 issued by the Tribunal. It is in these circumstances that the State has filed O.P. (KAT)No.261 of 2019. The applicant has filed O.P.(KAT)No.152 of 2020, being aggrieved by the order of the Tribunal to the extent it does not direct regularisation of the applicant as against the post in which the 4[th] respondent is regularised. 5. Heard Sri B.Vinod, learned Senior Government Pleader on behalf of the petitioners in O.P.(KAT)No.261/2019 and respondents 1 and 2 in O.P.(KAT)No.152 of 2020, Sri S.Prasanth, learned counsel for the petitioner in O.P.(KAT)No.152 of 2020 and the 1[st] respondent in O.P.(KAT)No.261 of 2019 and Sri V.A.Muhammed, learned counsel for the 3[rd] respondent in both the original petitions. 6. The learned Senior Government Pleader challenges the order of the Tribunal mainly on two contentions. It is contended that in the light of G.O.(P)No.61/2010/Fin. dated 09.02.2010, which clarifies O.P.(KAT)Nos.261/19 & 152/20 9 that the order G.O.(P)No.501/2005/Fin. dated 25.11.2005 does not apply in the cases of sweepers who are engaged to sweep public markets, community halls, streets etc., the applicant is not entitled to seek regularisation, since she is admittedly sweeping such area. Another contention raised is that admittedly the sweeping area of the Panchayat increased above 900 M[2] after 25.11.2005 and hence the order cannot be relied on to claim regularisation. According to us, neither of the above two contentions can any longer be legally sustained, for the reasons that follow. 7. A learned Single Judge has in the judgment dated 19.12.2016 in W.P.(C)No.16151 of 2010, while directing regularisation of part time sweepers, held that the contention that the Government order dated 25.11.2005 will not apply to persons engaged to sweep market place and public roads is distressing and that the attitude is very harsh and uncharitable. This court held that no distinction can be drawn between persons who sweep office buildings and persons who sweep public places or markets. The Court further observed that it is the persons who are sweeping public places and market places who are doing a more arduous job. The above judgment has been relied on by the Tribunal in the impugned order. A similar view has been taken by another learned Single Judge in the decisions dated 05.02.2020 in O.P.(KAT)Nos.261/19 & 152/20 10 W.P.(C)No.3866 of 2011 and dated 11.2.2020 in W.P.(C)No.1099 of 2011. We fully agree with the reasonings in the above said judgments and hold that the benefit of regularisation will be available to persons who are engaged to sweep market places, public places, bus stands, streets, public gardens etc. and that no distinction can be made between such persons and persons who are engaged to sweep office areas. We hold that the applicant is hence entitled to be regularised, even without going into the question of the total sweeping area by including the market area also. On the question whether existing sweepers can be regularised in cases where the sweeping area increased subsequent to 25.11.2005, a Division Bench of this court in the judgment dated 18.01.2019 in O.P.(KAT)No.26 of 2019 held that the casual sweeper in such cases is entitled to be regularised with effect from the date on which the sweeping area exceeds the prescribed limit. We have in our decision dated 01.02.2021 in O.P.(KAT) No.340 of 2018, agreed with the above proposition and directed regularisation. Both the contentions raised by the Senior Government Pleader hence fail. No other grounds have been made out on behalf of the State, warranting interference with the finding of the Tribunal regarding the entitlement of the applicant to be regularised. 8. The issue raised in the original petition filed by the O.P.(KAT)Nos.261/19 & 152/20 11 applicant seeking regularisation as against the post held by the 4[th] respondent will no longer be relevant, since we have already held that the persons sweeping market area, streets, community halls are also entitled to regularisation. As such there is no issue of a contest as between the applicant and the 4[th] respondent. In our opinion, the applicant who has been in continuous service from 3.10.2001, as admitted in the reply statement of the Panchayat, is entitled to be regularised with effect from the said date, as provided in G.O. (P)No.501/205/Fin dated 25.11.2005. 9. In the light of the above discussions, O.P.(KAT)No.261 of 2019 filed by the State of Kerala and another stands dismissed. The Government order G.O.(MS)No.105.2019/LSGD dated 19.01.2019, produced as Ext.P7 in O.P.(KAT)No.261 of 2019 issued in purported compliance with directions issued by the Tribunal on 04.04.2018, is quashed. O.P.(KAT) No.152 of 2020 is disposed of directing respondents 1 and 2 to reconsider the proposal Ext.P6 (produced alongwith O.P.(KAT)No.261 of 2019), already submitted by the 3[rd] respondent, and take immediate steps to regularise the applicant (petitioner in O.P.(KAT) 152 of 2020) as part time sweeper with effect from 03.10.2001 and disburse the arrears of pay due to the applicant immediately. The respondents 1 to 3 will pass final orders and make O.P.(KAT)Nos.261/19 & 152/20 12 consequential payments within a period of 2 months from the date of receipt of a certified copy of this judgment. The order of the Tribunal stands modified to the above extent. The parties will bear their respective costs. Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **T.R. RAVI, JUDGE** dsn O.P.(KAT)Nos.261/19 & 152/20 13 ## **APPENDIX OF OP(KAT) 261/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH ANNEXURES.** **EXHIBIT P1(A1) TRUE COPY OF G.O.(P) NO.501/2005/FIN DATED 25.11.2005.** - **EXHIBIT P1(A2) TRUE COPY OF G.O.(MS)NO.221/2011/LSGD DATED 13.09.2011 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P1(A3) TRUE COPY OF DECISION NO.VII(12) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 04.01.2011.** - **EXHIBIT P1(A4) TRUE COPY OF DECISION NO.IV(3) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 15.03.2013.** - **EXHIBIT P1(A5) TRUE COPY OF DECISION NO.V(2) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 07.08.2013.** - **EXHIBIT P1(A6) TRUE COPY OF DECISION NO.11(11) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 15.07.2014.** - **EXHIBIT P2 A PHOTOCOPY OF THE MISCELLANEOUS APPLICATION M.A.(EKM)NO.802/2018 ALONG WITH ANNEXURE.** - **EXHIBIT P2 (MA1) TRUE COPY OF THE CERTIFICATE DATED 14.12.2017 ISSUED BY THE ASSISTANT ENGINEER, PWD BUILDING SECTION, ALAPPUZHA ALONG WITH THE MEASUREMENT DETAILS AND SKETCH.** - **EXHIBIT P3 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN WITH ANNEXURES.** **EXHIBIT P3(R3(A)) TRUE COPY OF THE RESOLUTION NOS.V(1) & V(2)DATED 16.08.2001 SIGNED BY THE PRESIDENT.** - **EXHIBIT P3(R3(B)) TRUE COPY OF THE RESOLUTION NOS.I(7) 23.11.2001 SIGNED BY THE PRESIDENT.** - **EXHIBIT P3(R3(C)) TRUE COPY OF THE CERTIFICATE ISSUED BY THE** O.P.(KAT)Nos.261/19 & 152/20 14 **ASSISTANT ENGINEER, PWD BUILDINGS SECTION, ALAPPUZHA DATED 14.12.2017.** **EXHIBIT P4 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN WITH ANNEXURES.** **EXHIBIT P4(R4(A)) TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 13.11.2017.** **EXHIBIT P4(R4(B)) TRUE COPY OF THE LETTER NO.A5-7107/17 OF PUNNAPRA NORTH GRAMA PANCHAYATH DATED 27.11.2011.** **EXHIBIT P4(R4(C)) TRUE COPY OF THE G.O.(P) NO.61/2010/FIN DATED 09.02.2010.** - **EXHIBIT P4(R4(D)) TRUE COPY OF THE RESOLUTION PASSED BY PUNNAPRA NORTH GRAMA PANCHAYATH DATED 20.05.2010.** **EXHIBIT P4(R4(E)) TRUE COPY OF THE MINUTES BOOK OF PUNNAPRA NORTH GRAMA PANCHAYATH DATED 16.08.2001. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 04.04.2018. EXHIBIT P6 A TRUE PHOTOCOPY OF THE M.A. (EKM)NO.2236/2018 WITH ANNEXURES.** - **EXHIBIT P6(MA2) TRUE COPY OF THE ORDER DATED 04.04.2018 IN O.A.(EKM) NO.2389/2017.** - **EXHIBIT P6(MA3) TRUE COPY OF THE PROPOSAL DATED 30.04.2018 FORWARDED BY THE 3RD RESPONDENT TO THE DEPUTY DIRECTOR OF PANCHAYATHS, ALAPPUZHA.** - **EXHIBIT P6(MA4) TRUE COPY OF THE APPLICATION DATED 30.04.2018 FORWARDED BY THE 3RD RESPONDENT ALONG WITH ANNEXURE MA3.** - **EXHIBIT P6(MA5) TRUE COPY OF THE LETTER DATED 30.04.2018 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.** **EXHIBIT P7 A TRUE PHOTOCOPY OF THE G.O. (RT)NO.105/2009/LSGD DATED 19.01.2019.** **EXHIBIT P8 A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 27.02.2019 IN M.A.(EKM) NO.2236/2018.** O.P.(KAT)Nos.261/19 & 152/20 15 ## **APPENDIX OF OP(KAT) 152/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF OA (EKM) 2389/2017 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL ALONG WITH THE ANNEXURES** **ANNEXURE A1 TRUE COPY OF G.O(P) NO.501/2005/FIN DATED 25.11.2005** **ANNEXURE-A2 TRUE COPY OF G.O(MS) NO.221/2011/LSGD DATED 13.9.2011 ISSUED BY THE 1ST RESPONDENT** - **ANNEXURE-A3 TRUE COPY OF DECISION NO.VII(12) OF THE MEETING THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 4.1.2011** - **ANNEXURE-A4 TRUE COPY OF DECISION NO.IV(3) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 15.03.2013** - **ANNEXURE-A5 TRUE COPY OF DECISION NO.V(2) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 7.8.2013** - **ANNEXURE-A6 TRUE COPY OF DECISION NO.11(11) OF THE MEETING OF THE GOVERNING BODY OF THE 3RD RESPONDENT HELD ON 15.07.2014** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN OA(EKM) 2389/2017 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL ALONG WITH THE ANNEXURES** - **ANNEXURE-R3(A) TRUE COPY OF THE RESOLUTION NOS V(1) AND V(2) DATED 16.08.2001 SIGNED BY THE PRESIDENT** - **ANNEXURE-R3(B) TRUE COPY OF THE RESOLUTION NO.I(7) DATED 23.11.2001 SIGNED BY THE PRESIDENT** - **ANNEXURE-R3(C) TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER ,PWD BUILDINGS SECTION, ALAPPUZHA DATED 14.12.2017** **EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT IN OA (EKM) 2389/2017** O.P.(KAT)Nos.261/19 & 152/20 16 **BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL ALONG WITH THE ANNEXURES** - **ANNEXURE-R4(A) TRUE COPY OF APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 13.11.2011** - **ANNEXURE-R4(B) TRUE COPY OF REPLY LETTER OF PUNNAPRA NORTH GRAMA PANCHAYATH DATED 27/11/2011** - **ANNEXURE-R4(C) TRUE COPY OF G.O.(P) NO.61/2010/FIN DATED 09.02.2010** - **ANNEXURE-R4(D) TRUE COPY OF RESOLUTION PASSED BY PUNNAPRA NORTH GRAMA PANCHAYTH DATED 20.05.2010** - **ANNEXURE-R4(E) TRUE COPY OF MINUTES BOOK OF PUNNAPRA NORTH GRAMA PANCHAYATH DATED 16.08.2001** - **EXHIBIT P4 TRUE COPY OF MA(EKM) NO.802/2018 FLED BY THE PETITIONER** - **ANNEXURE MA1 TRUE COPY OF THE CERTIFICATE DATED 14.12.2017 ISSUED BY THE ASSISTANT ENGINEER, PWD BUILDINGS SECTION, ALAPPUZHA ALONG WITH THE MEASUREMENT DETAILS AND SKETCH** - **EXHIBIT P5 CERTIFIED COPY OF THE ORDER DATED 04.04.2018 PASSED BY THE HON'BLE TRIBUNAL IN OA (EKM) 2389/2017** **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 1.3.2017 SENT BY THE 3RD RESPONDENT TAHSILDAR, TALUK OFFICE, ALAPPUZHA**