High Court of KeralaDivision Bench2025-04-10Original Petitions dismissed; Tribunal findings...

OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 v. State of Kerala

Case / Petition Number:OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhamed Mustaque
P. Krishna Kumar
Judgment Date: 2025-04-10
Court Decision / Holding: In the result, the Original Petitions are dismissed, upholding the findings of the Kerala Administrative Tribunal.
Final Disposition: Original Petitions dismissed; Tribunal findings upheld.

Parties to the Case

Appellants / Petitioners

Vinod Kumar T.R
Asha Gopinath
Prem Kumar P.G
Manuraj.R
Biju M.S
Archana.V
Sunimol P.T
Binu Varghese
Chithira C.D
Sandosh Kumar.V.V
Antony Fulton Sheen
Nelson Lopez
Manoj Mohan
Retheesh R.
Sathish Varma
Saritha P.K.
Renju Mathew
Shibu V.J.
John C.F.
Jayasankher S.
Jalal M.K
Mohandas.T.K
Maneesha C.M
Nishanth T.T.
Anish Philip
Sugish.S
Sreekanth P.K
Jithesh M
Remyakala.M.V
Sajith Kumar.R
Sivaprasad V.
V.B. Shinoj

Respondents

State of Kerala
Secretary to Government, Transport Department, Government Secretariat, Thiruvananthapuram
Transport Commissioner, Transport Commissionerate, Trans Tower, Vazhuthacaud, Thiruvananthapuram
Bijoy Peter
Kerala Motor Vehicles Department Gazetted Officers Association
Manoj Kumar.G
Sri A.J.Vargheese, Sr.GP

Legal Representation & Advocates

Counsels for Petitioners

• Kaleeswaram Raj Thulasi
• K. Raj Silpa Sreekumar
• T.R.Rajesh
• Nandana Sas i
• N. Krishna Prasad
• P. Shanes Methar
• S. Ramesh
• S.P. Aravindakshan Pillay
• N. Santha
• V. Varghese Peter Jose Christo
• Aparna Rajan
• Sreedhar Ravindran
• A.S. Vinod
• Sri A.J. Varghese
• Naveen T Shibu
• Joseph Kottayil
• Chithra Chandrasekharan
• V.S. Abhishek
• Biji A. Manikoth
• P.C. Sasidharan

Counsels for Respondents

• SRI A.J.VARGHESE, Sr.GP
• SABU M R
• K. Sudhinkumar
• Sabu Pullan
• Gokul D. Sudhakar
• R. Bhaskara Krishnan
• B. Mohan
• K. P. Satheesan
• S R Ravindran

Case Synopsis & Summary

This batch of original petitions challenges the Kerala Transport Service (Amendment) Special Rules, 2022, which inserted a qualification requirement for Joint Regional Transport Officer (Joint RTO) in the Kerala Transport Service Rules (1981) by mandating a Diploma in Automobile Engineering or Mechanical Engineering. The petitioners contend that the amendment, introduced by the Kerala Government under the Kerala Public Services Act, 1968, is ultra vires Section 213(4) of the Motor Vehicles Act, 1988, as Central Government alone may prescribe minimum qualifications for officers in the Motor Vehicles Department. They rely on constitutional provisions (Entry 41 List II, Article 309) and precedent like Basheer v. Kerala Assistant Motor Vehicle Inspectors Association and S.Satyapal Reddy, among others, to argue that the State cannot impose a technical qualification for Joint RTO, a post viewed as administrative and not requiring such technical expertise. The respondents defend the amendment as a legitimate exercise of state rulemaking, invoking Article 309, the Kerala Public Services Act and the enabling nature of Section 213(4). The court engages in a harmonization analysis, noting that Central rules may prevail only where a direct conflict exists and that the State can prescribe conditions of service absent a higher Central prescription. Ultimately, the petitions are dismissed, upholding the Kerala Administrative Tribunal’s findings that the Amendment Rules are valid and operative.

Provisions of Law Cited

Motor Vehicles Act, 1988 – Section 213(1) to 213(4) (with emphasis on 213(4) enabling Central prescription)Constitution of India – Article 309Constitution of India – Entry 41, List II (State List), Seventh ScheduleKerala Public Services Act, 1968Kerala Transport Service (Amendment) Special Rules, 2022Kerala Transport Service, 1981 (Special Rules)Motor Vehicles Amendment Act, 2019

Legal Doctrines & Maxims

Harmonious construction of Central and State legislation (when two sets of rules operate in related spheres)
Paramountcy of Central legislation where there is a direct conflict
Repugnancy between Central and State rules; need for harmonious interpretation
Ultra vires challenge to delegated legislation (rules framed under statute)
Saving clause interpretation in transitional/override provisions
State’s power to prescribe conditions of service under Article 309 and Kerala Public Services Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants challenge the Kerala Transport Service (Amendment) Special Rules, 2022 on the ground that Section 213(4) of the MV Act vests the Central Government with power to prescribe minimum qualifications for officers in the Motor Vehicles Department. Since Central Government had not prescribed such qualifications for Joint RTO, the State cannot by exercise of its rulemaking power (Article 309 and Kerala Public Services Act, 1968) introduce a technical requirement. They argue that the amendment creates stagnation in feeder categories, reduces mobility, and violates equality of opportunity (Article 14). They rely on Basheer and Satyapal Reddy to support harmonious coexistence of state and central rules, and contend that the amendment is not saved by a broad saving clause for those promoted before commencement. They assert non-technical administration of Joint RTO and reliance on central standards for safety remains intact. The petitioners request quashing the amendment as ultra vires and invalid.

Contentions of Respondents

The respondents defend the amendment as a valid exercise of State rulemaking: the State Government may regulate recruitment and service conditions under Article 309, and the Kerala Public Services Act provides the framework for such rules. They emphasize that 213(4) is an enabling provision, not a field‑occupying prohibition, and that no Central prescription for Joint RTO exists to create repugnancy. They argue that harmonization is possible; the Central Rules would apply only if there is a direct conflict or if Central prescription has higher standards. They rely on Satyapal Reddy’s reasoning that State governments may prescribe qualifications for state posts and reconcile central and state rules. The respondents also point to the saving clause and the need for technical qualifications to be adopted progressively for safety and professional standards, but clarify that the central Act does not bar the State’s action where no central standard is prescribed.

Cited Precedents (11)

Case Name	Citation	Treatment	Explanation
S.Satyapal Reddy & Others v. Govt. of A.P. & Others	—	Positive	Cited and relied upon to support the State’s power to prescribe qualifications for state public services and to harmonize central/state rules under Article 309 and MV Act 213(4).
Basheer v. Kerala Assistant Motor Vehicle Inspectors Association	1995 KHC 521	Positive	Recognized as supportive of the State’s ability to consider rules dehors central notifications; cited as aligning with the principle that central rules and state rules can be reconcilable.
Indian Aluminium Co. & Others v. State of Kerala & Others	1996 (7) SCC 637	Distinguished	Cited by petitioners to argue central supremacy, but the court distinguishes it in light of subsequent Satyapal Reddy reasoning and harmonization approach.
In Re Cauvery Water Disputes Tribunal v. (AIR 1992 SC 522)	AIR 1992 SC 522	Mentioned Only	Referenced as part of general discussion on statutory interpretation; not applied to the central/state qualification issue.
Kihoto Hollohan v. Zachillhu & Others	1992 Supp. (2) SCC 651	Mentioned Only	Cited for the principle that legislative power is bounded by constitutional structure and the ambit of power; not directly controlling the outcome here.
S.Satyapal Reddy & Others v. Govt. of A.P. & Others	—	Positive	Key authority that supports harmonization and that state governments may prescribe qualifications for state posts when no central prescription exists.
State of Jammu & Kashmir v. Triloki Nath Khosa & Ors	AIR 1974 SC 1	Mentioned Only	Cited as a landmark authority on distribution of powers but not directly controlling the Kerala Transport Service amendment question.
Chandan Banerjee v. Krishna Prosad Ghosh	2021 (5) KLT 1127 (SC)	Mentioned Only	Cited in the broader jurisprudence on service rules; not a direct ruling on MV Act/State power over Joint RTO qualifications.
O.P. Lather & Ors. v. Satish Kumar Kakkar & Ors.	2001 (3) SCC 110	Mentioned Only	Cited in context of service rules and recruitment powers; not the decisive authority for the Kerala Amendment Rules.
Dist. Collector Satara & Anr. v. Mangesh Nivrutti Kashid	2019 (10) SCC 166	Mentioned Only	Quoted in discussion of arbitrariness and promotion dynamics; not a controlling precedent for MV Act interpretation.
Rathinaswami M. & Others v. State of Tamil Nadu	2009 (5) SCC 625	Mentioned Only	Cited among authorities on regulatory powers; not pivotal to the instant Kerala amendment issue.

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OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 1 2025:KER:24560 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 491 OF 2023** **AGAINST THE JUDGMENT DATED 20.07.2023 IN OA (EKM) NO.440 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** **1 VINOD KUMAR T.R, AGED 46 YEARS S/O.K.S.RAGHAVAN, HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, NORTH ARAVOOR P.O, PERUMPADANNA, ERNAKULAM, RESIDING AT VINOD BHAVAN, UDAYATHINVATHIL, PANANGAD P.O. ERNAKULAM, KOCHI, PIN - 682506** **2 ASHA GOPINATH, AGED 48 YEARS D/O.GOPINATHAN NAIR, JUNIOR SUPERINTENDENT, REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD P.O. ERNAKULAM -682030, RESIDING AT B4/945, REVATHI, EDAPPALLY P.O, ERNAKULAM, KOCHI, PIN - 682024** **3 PREM KUMAR P.G, AGED 43 YEARS S/O.GOPINATH, SENIOR CLERK, REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD P.O.ERNAKULAM -682030, RESIDING AT PREM NIVAS, VALLEKUNNAM, EDAPPALLY NORTH P.O. ERNAKULAM, KOCHI, PIN - 682024** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2 2025:KER:24560 **BY ADVS. KALEESWARAM RAJ THULASI K. RAJ SILPA SREEKUMAR** ## **RESPONDENTS:** - **1 THE STATE OF KERALA , REPRESENTED BY** **THE SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 TRANSPORT COMMISSIONERATE, REPRESENTED BY TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O.,THIRUVANANTHAPURAM,, PIN - 695014** - **3 TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE,TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O.THIRUVANANTHAPURAM, PIN - 695014** **4 BIJOY PETER, AGED 42 YEARS S/O.K.V.PETER, MOTOR VEHICLES INSPECTOR, OFFICE OF THE ENFORCEMENT RTO, CIVIL STATION, KAKKANAD, ERNAKULAM-682030, RESIDING AT KOODARAPALLIL, THOMASPURAM,MARAUD P.O., ERNAKULAM, PIN - 682304** - **5 KERALA MOTOR VEHICLES DEPARTMENT, GAZETTED OFFICERS ASSOCIATION V/610, UNICHIRA, EDAPPALLY, THRIKKAKARA P.O, ERNAKULAM-682030, REPRESENTED BY ITS GENERAL SECRETARY A.S.VINOD, WORKING AS MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM, KOLLAM -689695, RESIDING AT VIJAYA NIVAS, MULAVANA P.O, KOLLAM, PIN - 691503** - **6 MANOJ KUMAR G,AGED 49 YEARS** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 3 2025:KER:24560 **S/O.GANGADHARAN, N.D.MOTOR VEHICLE INSPECTOR,SUB REGIONAL TRANSPORT OFFICE,THRIPUNITHURA, ERNAKULAM DISTRICT-682305,RESIDING AT ASWATHY NO.32/1008,NETTAYIKODATH ROAD, PALARIVATTOM,KOCHI, PIN – 682025** **SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT)No.394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023, 9/2024 AND 17/2024, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 9 OF 2024** **AGAINST THE ORDER/JUDGMENT DATED 20.07.2023 IN OA (EKM)** **NO.424 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS 1 & 2:** - **1 MANURAJ.R, AGED 42 YEARS, S/O. P.RAMACHANDRAN,** **HEAD CLERK, SUB REGIONAL TRANSPORT OFFICE, PERUMPADANNA, NORTH PARUR P.O, ERNAKULAM DISTRICT, PIN: 783513, RESIDING AT SREENIVAS, AROOR P.O, ALAPPUZHA DISTRICT, PIN - 688534** **2 BIJU M.S, AGED 45 YEARS S/O. SUKUMARAN M.R, JUNIOR SUPERINTENDENT, SUB REGIONAL TRANSPORT OFFICE, ALUVA, ERNAKULAM DISTRICT, PIN: 683101, RESIDING AT MOOZHZYIL HOUSE, POONJAR SOUTH P.O, KOTTAYAM, PIN - 686582** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 5 2025:KER:24560 **BY ADVS. T.R.RAJESH NANDANA SASI** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695014** - **2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014** - **3 BIJOY PETER, AGED 42 YEARS S/O. K.V. PETER, MOTOR VEHICLES INSPECTOR, OFFICE OF THE ENFORCEMENT R.T.O, CIVIL STATION, KAKKANAD, ERNAKULAM-682030, RESIDING AT KOODARAPPALLIL, THOMASPURAM, MARADU P.O, ERNAKULAM, PIN - 682304** - **4 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS ASSOCIATION V/610, UNICHIRA, EDAPPALLY, THRIKKAKARA P.O, ERNAKULAM-682021, REPRESENTED BY ITS GENERAL SECRETARY, A.S. VIONOD, WORKING AS MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM, KOLLAM DISTRICT-689695, RESIDING AT VIJAYA NIVAS, MULAVANA P.O, KOLLAM, PIN - 691503** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 6 2025:KER:24560 - **5 MANOJ KUMAR.G, AGED 49 YEARS** **S/O. GANGADHARAN.N.D, MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT-682305, (RESIDING AT ASWATHY, NO.32/1008, NETTAYIKODATH ROAD, PALARIVATTOM, KOCHI, ERNAKULAM, PIN - 682025** **SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2205 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 7 2025:KER:24560 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** ## **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 17 OF 2024** **AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.232 OF 2022** **OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANT IN THE OA:** - **1 ARCHANA.V, AGED 47 YEARS JUNIOR SUPERINTENDENT,REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM-682030. ('NIVEDA’, H.NO.82, GANDHIJAYANTHI ROAD, THAMMANAM, KOCHI, PIN - 682032** **2 SUNIMOL P.T, AGED 50 YEARS W/O.SHRI.K.G.SAJAN, JUNIOR SUPERINTENDANT, SUB REGIONAL TRANSPORT OFFICE, TRIPUNITHURA, ERNAKULAM-682301. (THENKUZHI HOUSE, MUPPATHADAM, ALUVA, ERNAKULAM, PIN - 683110** **3 BINU VARGHESE, AGED 43 YEARS S/O.SHRI.K.O.VARGHESE, SENIOR CLERK, SUB REGIONAL TRANSPORT OFFICE, N.PARAVUR, ERNAKULAM-683 512. (KACHAPILLY HOUSE, CHENDAMANGALAM, N.PARAVUR, ERNAKULAM, PIN - 683512** - **4 CHITHIRA C.D, AGED 34 YEARS W/O.SHRI.ABHILASH C.G, CLERK,** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 8 2025:KER:24560 **SUB REGIONAL TRANSPORT OFFICE, N.PARAVUR, ERNAKULAM-683512. (CHETTIPARAMBIL HOUSE, THATHAPILLY, ERNAKULAM, PIN - 683520** **BY ADVS. B.RAGHUNATHAN M.SALIM DR.STANLY CHAZHOOR R.SRINATH K.JALADHARAN V.M.JACOB** ## **RESPONDENTS/RESPONDENTS IN THE OA:** **1 STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014** **SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 9 2025:KER:24560 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 394 OF 2023** **AGAINST THE ORDER DATED 20.07.2023 IN OS (EKM) 454 OF 2022 OF** **THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** **1 SANDOSH KUMAR.V.V, AGED 49 YEARS SON OF VASUDEVAN NAIR, WORKING AS JUNIOR SUPERINTENDENT, RT OFFICE, MUVATTUPUZHA, RESIDING AT VAIKATTU HOUSE, CHERUKUNNAM, ASAMANOOR.P.O., ERNAKULAM, PIN - 683549** - **2 ANTONY FULTON SHEEN, AGED 46 YEARS S/O. AUGUSTINE.K.A, WORKING AS HEAD CLERK, RT OFFICE, ERNAKULAM, RESIDING AT KALANGARA, OCHENTHURUTHU.P.O., KOCHI, PIN - 682508** **3 NELSON LOPEZ, AGED 46 YEARS SON OF JOHNNY LOPEZ, WORKING AS SENIOR CLERK, RT OFFICE, ERNAKULAM, RESIDING AT THUNDIPARAMBIL HOUSE, JANAKIYA ROAD, VADUTHALA.P.O., KOCHI., PIN - 680023** **BY ADVS. N.KRISHNA PRASAD P.SHANES METHAR** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 10 2025:KER:24560 ## **RESPONDENTS/RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD POST, THIRUVANANTHAPURAM, PIN - 695004** - **3 BIJOY PETER,, AGED 42 YEARS S/O.K.V.PETER, MOTOR VEHICLES INSPECTOR, OFFICE OF THE ENFORCEMENT R.T.O, CIVIL STATION, KAKKANAD, ERNAKULAM-682030, RESIDING AT KOODARAPALLIL, THOMASPURAM, MARADU.P.O., ERNAKULAM., PIN - 682304** - **4 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS ASSOCIATION ,** **V/610, UNICHIRA, EDAPALLY, THRIKKAKARA.P.O., ERNAKULAM-682021, REPRESENTED BY ITS GENERAL SECRETARY, A.S.VINOD, WORKING AS MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM, KOLLAM DISTRICT-689695 RESIDING AT VIJAYA NIVAS, MULAVANA.P.O., KOLLAM, PIN - 691503** **5 MANOJ KUMAR.G, AGED 49 YEARS S/O.GANGADHARAN, N.D.MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT-682305, RESIDING AT ASWATHY, NO.32/1008, NETTAYIKODATH ROAD, PALARIVATTOM, KOCHI, ERNAKULAM., PIN - 682025** **BY ADVS. P.MOHANDAS(ERNAKULAM)** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 11 2025:KER:24560 **LAKSHMI RAMADAS K.R.GANESH K.SUDHINKUMAR(K/572/2014) SABU PULLAN(K/35/2001) GOKUL D. SUDHAKARAN(K/000886/2016) R.BHASKARA KRISHNAN(K/000891/2016) BHARATH MOHAN(K/1392/2020) K.P.SATHEESAN (SR.)(S-242) SREEDHAR RAVINDRAN(K/559/2012) ELVIN PETER P.J. (SR.) GOURI BALAGOPAL SREELEKSHMI A.S. SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 12 2025:KER:24560 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 416 OF 2023** **AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.432 OF 2022** **OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS IN THE OA:** **1 MANOJ MOHAN,AGED 48 YEARS S/O K. MOHANAN, JUNIOR SUPERINTENDENT, REGIONAL TRANSPORT OFFICE, KASARAGODE, PIN-671 123, RESIDING AT KOTTAPPALLIL HOUSE, PUNNAPRA P.O., ALAPPUZHA, KERALA., PIN - 680004 2 RETHEESH R. , AGED 39 YEARS S/O RAMACHANDRAN PILLAI, HEAD CLERK, REGIONAL TRANSPORT OFFICE, KAKKANAD, ERNAKULAM-682 030, RESIDING AT SREESIVA, CHOTTANIKKARA P.O., ERNAKULAM, KERALA., PIN - 682312 3 SATHISH VARMA , AGED 47 YEARS S/O K. GODA VARMA (LATE), SENIOR CLERK, REGIONAL TRANSPORT OFFICE, KAKKANAD, ERNAKULAM-682 030, RESIDING AT 6-3, THRIPPADAM APARTMENTS, TRIPUNITHURA, ERNAKULAM, KERALA., PIN - 682301** ## **BY ADV S.RAMESH** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 13 2025:KER:24560 ## **RESPONDENTS/RESPONDENTS IN THE OA:** **1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001** - **2 THE SECRETARY TO GOVERNMENT , TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001** - **3 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM, KERALA., PIN - 695001** - **4 BIJOY PETER , AGED 42 YEARS S/O K.V.PETER, MOTOR VEHICLES INSPECTOR, OFFICE OF THE ENFORCEMENT R.T.O., CIVIL STATION, KAKKANAD, ERNAKULAM-682 030, RESIDING AT KOODARAPALLIL, THOMASPURAM, MARADU P.O., ERNAKULAM., PIN - 682304** **5 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS ASSOCIATION , V/610, UNICHIRA, EDAPALLY, THRIKKAKARA P.O., ERNAKULAM-682 021, REPRESENTED BY ITS GENERAL SECRETARY, A.S. VINOD, WORKING AS MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM, KOLLAM DISTRICT-689 695, RESIDING AT VIJAYA NIVAS, MULAVANA P.O., KOLLAM., PIN - 691503** **6 MANOJ KUMAR G. , AGED 49 YEARS S/O GANGADHARAN N.D., MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT-682 305, RESIDING AT ASWATHY, NO. 32/1008, NETTAYIKODATH ROAD, PALARIVATTOM, KOCHI, ERNAKULAM., PIN - 682025** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 14 2025:KER:24560 **BY ADVS. APARNA RAJAN SREEDHAR RAVINDRAN(K/559/2012) SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 15 2025:KER:24560 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 443 OF 2023** **AGAINST THE ORDER DATED IN OA (EKM) NO.414 OF 2022 OF KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** **1 SARITHA P.K., NOW AGED 50 YEARS , D/O P.A.KUTTAN, JUNIOR SUPERINTENDENT,REGIONAL TRANSPORT OFFICE,KAKKANAD, ERNAKULAM, PIN-682030, RESIDING AT PLAVIDAPARAMBIL HOUSE, SREEMOOLANAGARAM P.O., ERNAKULAM, PIN - 683580 2 RENJU MATHEW, AGED 43 YEARS W/O K.J. MATHEW,HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, THRIPPUNITHURA, ERNAKULAM DISTRICT, PIN-682 301, RESIDING AT KUNNAPPALLY HOUSE, EAST OF S.N.KAVALA, MUHAMMA P.O., ALAPPUZHA DISTRICT, PIN - 688525** **BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 16 2025:KER:24560 **S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY** ## **RESPONDENTS/RESPONDENTS:** - **1 STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 TRANSPORT COMMISSIONER,** **TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014** ## **SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 17 2025:KER:24560 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 490 OF 2023** **AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.423 OF 2022** **OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS:** **1 SHIBU V.J., AGED 43 YEARS S/O JOSE V.D., SENIOR CLERK, SUB REGIONAL TRANSPORT OFFICE, ANKAMALY, ERNAKULAM, RESIDING AT VAILIKULAM HOUSE, BYEPASS ROAD, KALLETTUNKARA P.O., THRISSUR, PIN - 683572** **2 JOHN C.F., AGED 41 YEARS S/O C.A. FRANCIS, PUBLIC RELATIONS OFFICER, REGIONAL TRANSPORT OFFICE, THRISSUR, RESIDING AT CHITTILAPPALLY HOUSE, PARAPPUR P.O., THRISSUR, PIN - 680552** **3 JAYASHANKER S. , AGED 42 YEARS S/O N.SIVASANKARAN NAIR, HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, ANKAMALY, RESIDING AT AMBADI, MANNAKKAL, THIRUPURAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695133** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 18 2025:KER:24560 **BY ADVS. NAVEEN.T SHIBU JOSEPH KOTTAYIL CHITHRA CHANDRASEKHARAN V.S.ABHISHEK BIJI A MANIKOTH** ## **RESPONDENTS:** - **1 STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE SECRETARY , TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001** - **3 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, VAZHUTHAKADU, THYCAUD, THIRUVANANTHAPURAM., PIN - 695014** **4 BIJOY PETER, AGED 42 YEARS S/O K.V. PETER, MOTOR VEHICLE INSPECTOR, OFFICE OF THE ENFORCEMENT R.T.O., CIVIL STATION, KAKKANAD, ERNAKULAM, RESIDING AT KOODARAPALLIL, THOMASPURAM, MARADU P.O., ERNAKULAM., PIN - 682304** - **5 KERALA MOTOR VEHICLES DEPARTMENT GAZETTED OFFICERS ASSOCIATION, V/610, UNICHIRA, EDAPPALLY, THRIKKAKARA P.O., ERNAKULAM, REPRESENTED BY ITS GENERAL SECRETARY. A.S. VINOD, WORKING AS MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM, KOLLAM DISTRICT, RESIDING AT VIJAYA NIVAS, MULAVANA P.O., KOLLAM., PIN - 682021** - **6 MANOJ KUMAR G. , AGED 49 YEARS S/O GANGADHARAN N.D., MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE,** 19 OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 **THRIPUNITHURA, ERNAKULAM DISTRICT, RESIDING AT ASWATHY, NO. 32/1008, NETTAYIKODATH ROAD, PALARIVATTOM, KOCHI, ERNAKULAM., PIN - 682305** **BY ADVS. P.MOHANDAS(ERNAKULAM) SABU M R K.SUDHINKUMAR(K/572/2014) SABU PULLAN(K/35/2001) GOKUL D. SUDHAKARAN(K/000886/2016) R.BHASKARA KRISHNAN(K/000891/2016) BHARATH MOHAN(K/1392/2020) K.P.SATHEESAN (SR.)(S-242) P.RAVINDRAN (SR.)(R-341) SREEDHAR RAVINDRAN(K/559/2012) SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 20 2025:KER:24560 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 517 OF 2023** **AGAINST THE ORDER DATED 20.07.2023 IN OA (EKM) NO.410 OF 2022** **OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS IN OA:** - **1 JALAL. M.K,AGED 43 YEARS S/O.MUHAMMED KUNJU KUNJU,** **WORKING AS HEAD CLERK, SUB REGIONAL TRANSPORT OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT-686691 RESIDING AT MUNCHAKKAL, PALLARIMANGALAM PO., KOTHAMANGALAN-686671** **2 MOHANDAS.T.K, AGED 53 YEARS S/O.T.M.KUTTAPPAN, WORKING AS JUNIOR SUPERINTENDENT (HIGHER GRADE), SUB REGIONAL TRANSPORT OFFICE, CHITTOOR, PALAKKAD-678101 RESIDING AT THANNIKKAL, AMARA PO., CHANGANASSERY, KOTTAYAM DISTRICT-686546** - **3 MANEESHA C.M, AGED 39 YEARS** **D/O. C.M MURALEEDHARAN, WORKING AS SENIOR CLERK, REGIONAL TRANSPORT OFFICE, CIVIL STATION PO., KAKKANADU, ERNAKIULAM DISTRICT-682030** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 21 2025:KER:24560 **RESIDING AT FLAT NO 101, 1ST FLOOR, PALM GROVE APARTMENTS, GEORGE EDEN ROAD, DESHABAMANI, KALOOR, ERNAKULAM, PIN - 682017** - **4 NISHANTH T.T., AGED 43 YEARS S/O. P. K. NARAYANAN,** **WORKING AS HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, V.K MALL, VELLARIKUND - 671534 RESIDING AT 'PARVATHI NILAYAM’ EDAT (PO.), PAYYANUR, KANNUR DT-, PIN - 670327** **5 ANISH PHILIP, AGED 39 YEARS S/O. PHILIP, WORKING AS CLERK, REGIONAL TRANSPORT OFFICE, VELLARIKUND, CHENNANGATTU, KALICHANADUKKAM, KASARGOD DISTRICT, PIN - 671314** **6 SUGISH.S., AGED 33 YEARS S/O. SURENDRAN.R., WORKING AS CLERK, REGIONAL TRANSPORT OFFICE, CIVIL STATION, KASARGOD, KASARGOD DISTRICT - 671123 RESIDING AT 'MAYOOKHAM’, NELLIKKUNNAM (PO.),KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691520** **7 SREEKANTH P.K, AGED 38 YEARS S/O. K.CHANDUKUTTY, WORKING AS SENIOR CLERK, SUB REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION, KANHANGAD, KASARGOD DISTRICT – 671315 RESIDING AT POZHUTHALA HOUSE KARICHERY, KOLATHUR (PO.), KASAARGOD DISTRICT, PIN - 671541** **8 JITHESH M, AGED 41 YEARS S/O. THAMPAN.P.V., WORKING AS HEAD CLERK, SUB REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION, KANHANGAD,** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 22 2025:KER:24560 **KASARGOD DISTRICT – 671315, RESIDING AT 'ANIZHAM’, MANIYAT, MANIYAT (PO.), KASARGOD DISTRICT, PIN - 671310** **9 REMYAKALA.M.V, AGED 37 YEARS D/O.M.N.VENU, WORKING AS SENIOR CLERK, REGIONAL TRANSPORT OFFICE, CIVIL STATION PO., KAKKANADU, ERNAKULAM DISTRICT-682030, RESIDING AT MUNDAKAPPADAM HOUSE, PERUMPADANNA, NORTH PARUR, ERNAKULAM DISTRICT, PIN - 683513** **10 SAJITH KUMAR.R, AGED 29 YEARS S/O. RAVEENDRAN.S., L.D.CLERK, REGIONAL TRANSPORT OFFICE, CIVIL STATION PO., KAKKANADU, ERNAKULAM DISTRICT-682030, RESIDING AT KANIYANVILAKATH VEEDU, NANNATTUKAVU, POTHANKODU PO., THIRUVANATHAPURAM-695584** - **BY ADVS. C.JOSEPH ANTONY JOSEPH JOSE RAJU JOSEPH (SR.)** ## **RESPONDENTS/RESPONDENTS & ADDITIONAL RESPONDENTS 3 TO 5:** - **1 STATE OF KERALA , REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695014** - **3 BIJOY PETER, AGED 43 YEARS** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 23 2025:KER:24560 **S/O.K.V.PETER, MOTOR VEHICLE INSPECTOR, OFFICE OF THE ENFORCEMENT RTO., CIVIL STATION, KAKKANAD,ERNAKULAM-682030, RESIDING AT KOODARAPPALLIL, THOMASPURAM, MARADU PO., ERNAKULAM, PIN - 682304 4 KERALA MOTOR VEHICLE DEPARTMENT GAZETTED OFFICERS ASSOCIATION, V/610, UNICHIRA, EDAPPALLY, THRIKKAKARA PO., ERNAKULAM-682030 REPRESENTED BY ITS GENERAL SECRETARY, A.S.VINOD, WORKING AS MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PATHANAPURAM, KOLLAM DISTRICT, RESIDING AT VIJAYA NIVAS, MULAVANA PO., KOLLAM-692504, KERALA, PIN - 689695 5 MANOJ KUMAR.G, AGED 51 YEARS S/O.GANGADHARAN.N.D., MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT-682305 (RESIDING AT ASWATHY NO.32/1008, NETTAYIKODATH ROAD, PALARIVATTOM, KOCHI, ERNAKULAM, PIN – 682025 SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 24 2025:KER:24560 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **OP(KAT) NO. 560 OF 2023** **AGAINST THE ORDER/JUDGMENT DATED 20.07.2023 IN OA (EKM)** **NO.422 OF 2022 OF KERALA ADMINISTRATIVE TRIBUNAL,** **THIRUVANANTHAPURAM** ## **PETITIONERS/APPLICANTS:** - **1 SIVAPRASAD V., JUNIOR SUPERINTENDENT, AGED 52 YEARS REGIONAL TRANSPORT OFFICE, PALAKKAD-678001 RESIDING AT CHARALPARAMBIL HOUSE, INDIRA NAGAR FIRST STREET, MANNUTHI P.O., THRISSUR, PIN - 680651** - **2 V.B.SHINOJ, AGED 42 YEARS HEAD ACCOUNTANT, SUB REGIONAL TRANSPORT OFFICE, KODUNGALLOOR-680664, RESIDING AT VELLAPPULLY HOUSE, METHALA , METHALA P.O, KODUNGALLOR, THRISSUR, PIN - 690669** ## **BY ADV P.C.SASIDHARAN** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 25 2025:KER:24560 # **TRANSPORT(C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE TRANSPORT COMMISSIONER,** **TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN – 695014** ## **SRI.A.J.VARGHESE, SR.GP** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 13.03.2025, ALONG WITH OP(KAT).491/2023 AND CONNECTED CASES, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 26 2025:KER:24560 ## **CR** ## **JUDGMENT** ## **P.Krishna Kumar, J.** In this batch of original petitions, the petitioners challenge the validity of the Kerala Transport Service (Amendment) Special Rules, 2022 (‘the Amendment Rules, 2022’, for short). By the said amendment, Rule 4 in the Special Rules for the Kerala Transport Service, 1981 (‘the Special Rules’, 1981, for short) has been amended to prescribe a technical qualification to the post of Joint Regional Transport Officer (Joint RTO), namely, a Diploma in Automobile Engineering or Mechanical Engineering awarded by any recognised institutions. **==> picture [426 x 13] intentionally omitted <==** challenge before the Kerala Administrative Tribunal, by OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 the common order impugned in these petitions, the Tribunal rejected their applications. For the sake of convenience, O.P.(KAT)No.416/2023 is considered as the leading case, in the following discussion. 3. We heard the learned counsel appearing for the petitioners, the learned counsel appearing for the party respondents and the learned Senior Government Pleader. 4. The upshot of the challenge is that when sub- clause (4) of Section 213 of the Motor Vehicles Act, 1988 (‘the Act’ for short) specifically provides that it is for the Central Government to prescribe the minimum qualifications of the officers working under the Motor Vehicles Department established by the State Government, it is beyond the legislative power of the State Government to prescribe minimum educational qualifications for the post of Joint RTO and thus, the Amendment Rules, 2022 is _ultra vires_ of Section 213(4) of the Act. OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 ## 28 2025:KER:24560 5. To defend the said assertion, the respondents stated that as the Central Government has not so far prescribed any minimum qualifications for the post of Joint RTO, it is well within the legislative power of the State to prescribe the minimum qualifications by exercising its rule-making power conferred by Article 309 of the Constitution of India and the provisions of the Kerala Public Services Act, 1968. 6. Apart from the challenge that the Amendment Rules, 2022 is _ultra vires_ of Section 213(4) of the Act, certain other contentions were also raised by each of the petitioners. Referring to the judgment of this court in **Kerala Assistant Motor Vehicle Inspectors Association v.** **State of Kerala** in O.P.No.5612/1981 dated 28.05.1982 (produced as Annexure A2 in O.P.(KAT)No.394/2023) and ## **Basheer v. Kerala Assistant Motor Vehicle Inspectors** **Association** (1995 KHC 521) which is produced as Annexure A3, it is contended that the amended rules were issued in order to nullify the said judgments, which state that OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 29 2025:KER:24560 Joint RTO is a non-technical and administrative post, which is not legally permissible. Various decisions of the Apex Court are cited to support this argument, including **Indian Aluminium Co. and Others v. State of Kerala and Others** [(1996) 7 SCC 637] and **In Re Cauvery Water Disputes Tribunal v.** (AIR 1992 SC 522). It is also argued that when the Supreme Court or the High Court declares the law in a particular manner, the effect of the decision can be nullified only through a Validation Act, and not by amending the service rules. 7. It is further argued that since the State rule is repugnant to the Central Statute, it could have been promulgated only with the assent of the President of India. It is also contended that when the State Government is not the entity authorised under Section 213 of the Motor Vehicles Act to prescribe minimum qualifications for the posts in the Motor Vehicles Department, the question is not merely whether the rule in question is repugnant to the Central Act, but it is OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 30 2025:KER:24560 the very competency of the State to make the law. Referring to the decision in **Kihoto Hollohan v. Zachillhu and Others** (1992 Supp. (2) SCC 651), it is contended that the competence of the law-making authority would depend on the ambit of the legislative power and the limitations imposed thereon as well as the limitations of the mode of exercise of the power. 8. It is further submitted that, when section 213(4) very specifically refers to a particular class of officers and then makes it clear that only the Central Government can fix their minimum qualification, the State Government cannot even touch that class. As the Central Government has not prescribed any minimum qualifications for the post of Joint RTO, the State Government cannot step in and fill the vacuum by resorting to its rulemaking power, especially when the Central Statute very clearly provides that it is the province of the Centre, it is contended. OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 31 2025:KER:24560 9. Another contention raised is that, if the amendment is upheld, it would create stagnation in the feeder category of Senior Superintendent/Junior Accounts Officer as almost all of them do not possess the qualifications additionally prescribed. Relying on the decision in **Sajeev S. v. Kerala Khadi and Village Industries Board, TVM and Another (2020(3)KHC 394)** , it is contended that the absence of sufficient avenues of promotion and stagnation in a post would give rise to discontentment and inefficiency among employees, and thus the rules made in forgetfulness of this basic principle is highly arbitrary and violative of Article 14 of the Constitution of India. It is further contended that the post of Joint RTO is in fact an administrative post and thus prescribing a technical qualification for that post is highly arbitrary. 10. In order to support the respective arguments, the learned counsel placed reliance on the following decisions: **Rathinaswami M. and Others v. State of Tamil** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 **Nadu and Others** (2009 KHC 4616), **Roop Chand v. Delhi Development Authority** (1988 KHC 738), **Ajal Ramakrishnan v. Athira** (2024 (5) KLT 846 (F.B.), **Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational & Charitable Trust v. State of Tamil Nadu and Others** [(1996) 3 SCC 15], **Virender Singh Hooda and Others v. State of Haryana and Another** [(2004) 12 SCC 588) and **Forum for People’s Collective Efforts (FPCE) and Another v. State of West Bengal and Another** [(2021) 8 SCC 599] 11. To refute the said contentions, the learned Counsel appearing for the respondents and the learned Senior Government Pleader appearing for the State contended that as per Entry No.41 (State List) of the Constitution of India, the State Government has every authority to prescribe law relating to State Public Services. It is also pointed out that the Centre has already notified minimum qualifications for Motor Vehicle Inspectors and Assistant Motor Vehicle Inspectors, but it left the post of Joint RTO unaltered and thus there is no OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 question of any repugnancy in respect of the Amendment Rules, 2022. It is also submitted that the petitioners have not even reached the feeder category of Joint RTO and further, they have a separate line of promotion apart from resorting to the by-transfer appointment to the post of Joint RTO. To fortify their submissions, the following decisions were referred to: **O.P. Lather & Ors. v. Satish Kumar Kakkar & Ors.** [(2001) 3 SCC 110], **Dist. Collector Satara & Anr. v. Mangesh Nivrutti Kashid** [(2019 (10) SCC 166], Rathinaswami M & Others v. State of Tamil Nadu [(2009) 5 SCC 625], **Maharashtra Public Service Commission Through its Secretary v. Sandeep Shriram Warade** [(2019) 6 SCC 362], **S.Satyapal Reddy & Others v. Govt. of A.P.& Others** [(1994) 4 SCC 391], **Anup V.H. v. Pramod A.D** .[2024 (7) KHC 263 (DB)], **State of Jammu & Kashmir v. Triloki Nath Khosa & Ors** (AIR 1974 SC 1), and **Chandan Banerjee v. Krishna Prosad Ghosh** [2021 (5) KLT 1127 (SC)]. 12. As the core dispute in this matter centres around the effect of Section 213 of the Act and the 2025:KER:24560 OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** validity of the Amendment Rules, 2022, the relevant parts of the provisions are reproduced hereunder with added emphasis on the most significant parts: 213. **Appointment of motor vehicles officers** .(1) **The State Government may** , for the purpose of carrying into effect the provisions of the Act, **establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit** . (2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code,1860 (45 of 1860). (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers. (4) **The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 35 2025:KER:24560 ## **thereof shall possess for being appointed as such.** ## XXXXXXXXX The Amendment Rules, 2022 reads as follows: “ **In exercise of the powers conferred by sub-section** **(1) of section (2) of the Kerala Public Services Act, 1968 (19 of 1968),** the Government of Kerala hereby make the following rules further to amend the Special Rules for the Kerala Transport Service issued under G.O (P) No. 91/81/TF&P dated 5th October, 1981 and published as S.R.O. No. 1164/81 in the Kerala Gazette Extraordinary No.792 dated 14th October, 1981, namely:- 1. Short title and commencement.- (1) These rules may be called the Kerala Transport Service (Amendment) Special Rules, 2022. (2) They shall come into force at once. 2.Amendment of the Rules.- In the Special Rules for the Kerala Transport Service, 1981, in rule 4, after sub-rule (c) the following sub-rules shall be inserted, namely:- “ **(d) No person shall be eligible for appointment by transfer to category 4 unless he possesses the** - **qualifications specified below:** 1.Pass in SSLC or its equivalent. 36 2025:KER:24560 OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2. **(i) A diploma in Automobile Engineering or Mechanical Engineering awarded by the State Board of Technical Education (3 year course) or any institution recognized by the Central Government or the State Government; or** (ii) Any qualification in either of the above disciplines declared as equivalent to the above diplomas by the Central Government or the State Government. 3. Must hold a current valid driving license authorizing him to drive motorcycle, heavy goods vehicle and heavy passenger motor vehicle. (e) Saving.- Notwithstanding anything contained in sub-rule (d), the qualifications specified therein shall not be applicable to persons belonging to category 4 who entered in, or promoted from, the said category and also to persons who entered the feeder categories for by-transfer appointment to category 4, prior to the date of commencement of the Kerala Transport Service (Amendment) Special Rules, 2022 in the official Gazette:” The method of appointment of Joint RTO (Category No.4) is by promotion from Motor Vehicle Inspectors (Category No.5) as well as by transfer from Senior Superintendents/Junior Accounts Officers of the Motor OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 37 2025:KER:24560 Vehicles Department. It was pointed out during the hearing that the saving clause would protect them for further promotion/by transfer appointment, even if they do not possess the newly introduced technical qualification. The petitioners are working as Junior Superintendent, Head Clerk, Senior Clerk etc., which posts are not the feeder category to Joint RTO. According to them, they will be affected by the amendment, as they did not possess the said qualification and the saving clause will not help them. **==> picture [447 x 12] intentionally omitted <==** enabling provision. It enables the Central Government to prescribe a minimum qualification for such officers or any class thereof for being appointed in the Motor Vehicles Department established by the State Government. The purpose is evident from Section 213 itself. The officers of the Motor Vehicle Department should possess higher standards to implement the policy of the State as set out in the Motor Vehicles Act. For this purpose, the OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 Central Government _may_ , if it thinks fit, _prescribe any minimum qualification_ for any of the posts in the Motor Vehicles Department established by the State Government. Thus, the question of prescribing minimum qualification by the Central Government arises only when the qualification prescribed by the State Government as part of the regular conditions of service of its officers is insufficient to achieve the said objects. 14. It is relevant to note that as per Section 213(1)of the Act, the duty to establish a Motor Vehicle Department and appoint officers in such a department is vested in the State Government. Section 213(3) further empowers the State Government to make rules to regulate the discharge of the functions of those officers of the Motor Vehicle Department including the duties to be performed by them, the powers to be exercised by them and the conditions governing the exercise of those powers. However, the power of the State Government to prescribe conditions of services of persons appointed to any public OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 39 2025:KER:24560 service, or for regulating their recruitment, is governed by the provisions of the Kerala Public Services Act, 1968. The scope of Section 213(3) of the Act is distinct from the purposes for which the State Government is empowered to prescribe rules under the Kerala Public Services Act. By exercising these powers, if the State Government prescribes minimum or special qualifications for the post of Joint RTO, nothing in the Motor Vehicles Act would bar it from doing so. At the same time, if the Central Government having regard to the objects of the Act prescribes a different minimum qualification for the said post, then the incumbent must possess the qualification prescribed by the Central Government. This is the scheme embodied in Section 213 of the Act. 15. As evident from the object and reasons of the Amendment Rules, various expert bodies including the Supreme Court Committee on Road Safety and the Departmental Promotion Committee for the Motor Vehicles Department felt that technical qualifications are to be OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 40 2025:KER:24560 mandatorily prescribed for the officers posted in the Motor Vehicles Department. It is true that the Supreme Court Committee had appealed to the Central Government, not the State Government, to prescribe such technical qualifications. It may be true that the Departmental Promotion Committee is not entrusted with the duty to recommend technical qualifications for the post in the Motor Vehicles Department. However, what is relevant is the legislative competence of the State to prescribe the above qualification to the post of Joint RTO. The State Government proceeded to prescribe the said qualification when they found that it was essential for discharging the duties invested with the officers in the said category. While arriving at such a conclusion, the State Government has only relied on the reports of the said Committees. The materials upon which a legislative decision is taken have no relevance in a proceeding of the present nature where the sheet anchor of the challenge depends upon the vires of the legislation. The above facts, nevertheless, OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 41 2025:KER:24560 show that the introduction of technical qualification by the said amendment was not an arbitrary exercise of power. 16. The law is well settled that a rule made under a statute by a competent authority can be challenged only on the following grounds: (a) when it is _ultra vires_ the parent Act; (b) when it is opposed to the fundamental rights or there is manifest arbitrariness; and (c) when it is opposed to any other plenary laws. It is already found that prescribing a technical qualification to the post of Joint RTO by the State Government cannot be considered as repugnant to the provisions of the Act. The petitioners cannot also contend that the amendments would offend their fundamental rights, as no one has a fundamental right to be promoted. It is settled law that the reduction of promotional avenues by a subsequent amendment to the law cannot be cited as a reason to challenge the amended statutory provisions. Such changes are also part of the conditions of service of the OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 employees. The right of the employees to be considered for promotion is only on the basis of the law existing at the time when they are considered for promotion unless it is otherwise specifically saved in the amended law. 17. The above discussion answers the contention of the petitioners that the State amendment for prescribing qualification to the posts of officers in the Motor Vehicles Department is inhibited by the provisions of Section 213 of the Act. As discussed above, Section 213(4) of the Act is only an enabling provision for prescribing _minimum qualifications_ for the officers in the Motor Vehicles Department by the Central Government, though they are appointed by the State Government. It cannot be said that it is an occupied field. The said provision does not expressly or impliedly bar the authority of the State Government to prescribe qualifications to the officials in the Motor Vehicles Department established by the State. OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 43 2025:KER:24560 18. In fact, this aspect is pointedly dealt with by the Honourable Supreme Court in **S.Satyapal Reddy & Others** **v. Govt. of A.P.& Others** (supra). In the said case, an exactly similar question was raised before the Supreme Court. The Government of Andhra Pradesh prescribed a Degree in Mechanical Engineering as a qualification for the post of Assistant Motor Vehicles Inspector in the Andhra Pradesh Transport Subordinate Service. This was challenged on the ground that as per Section 213(4) of the Act, the power to prescribe qualification is vested in the Central Government. The Apex Court held that Entry 41 of List II (State List) of the Seventh Schedule of the Constitution of India empowers the State Government to prescribe qualifications for any of the officers in its public service and it includes the officers to be appointed under sub-section (1) of Section 213 of the Act. The Court further held that Article 309 of the Constitution of India empowers the Governor to make rules regulating recruitment which includes prescription of OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 qualifications for appointment to an office or post under the State, and the Transport Department constituted by the State Government, belongs to the State services and thus the State Government is entitled to prescribe qualifications to the posts as part of the conditions of service or for recruitment purposes. The Apex Court further held that the provisions of the Act receive paramountcy only when there is a conflict between the rule made under Article 309 of the Constitution of India and the provisions of the Act. Thus, if the Central Government prescribes a higher qualification for the officials under the Act, the State Government cannot prescribe a lesser qualification. It is further held that rules made by the Central Government under Section 213(4) and the statutory rules made by the State Government under Article 309 of the Constitution of India are to be construed harmoniously. It is significant to quote the relevant paragraphs of the judgment hereunder: **==> picture [379 x 11] intentionally omitted <==** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 45 2025:KER:24560 power to the State Government to create Transport Department and to appoint officers, as it thinks fit. . . . . . . The Governor has been given power under proviso to Article 309 of the Constitution, subject to any law made by the State Legislature, to make rules regulating the recruitment which includes prescription of qualifications for appointment to an office or post under the State. Since the Transport Department under the Act is constituted by the State Government and the officers appointed to those posts belong to the State service, while appointing its own officers, the State Government as a necessary adjunct is entitled to prescribe qualifications for recruitment or conditions of service. But while so prescribing, the State Government may accept the qualifications or prescribe higher qualification but in no case prescribe any qualification less than the qualifications prescribed by the Central Government under sub-section (4) of section 213 of the Act. In the latter event i.e., prescribing lesser qualifications, both the rules cannot operate without colliding with each other. When the rules made by the Central Government under section 213 (4) and the statutory rules made under proviso to Article 309 of the Constitution are construed harmoniously, there is no incompatibility or inconsistency in the operation of both the rules to appoint fit persons to the posts or class of officers of the State Government vis-a-vis the qualifications prescribed by the Central Government OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 under sub-section (4) of section 213 of the Act.” 19. To conclude, while Section 213(4) of the Motor Vehicles Act empowers the Central Government to prescribe minimum qualifications for posts in the Motor Vehicles Department, this does not preclude the State Government from prescribing its own qualifications for the service in the Motor Vehicles Department. The State Government’s competence to enact the impugned Amendment Rule, 2022, remains unquestionable, as it is a piece of subordinate legislation made by the State Government drawing its power from Section 2 of the Kerala Public Services Act, 1968. Furthermore, Entry No. 41 of List II of the Constitution of India grants the State Legislature exclusive power to legislate on matters relating to the public services of the State. Therefore, the issue of repugnancy with Section 213(4) of the Act would arise only if the Central Government, through a notification, prescribes a minimum qualification for the post of Joint RTO and that is higher than the qualification stipulated OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 47 2025:KER:24560 under the Amendment Rules, 2022. 20. Let us now consider the challenge made against the Amendment Rules, 2022 on the ground that it goes against Annexure A2 and A3 judgments of this Court. Annexure A2 judgment was delivered by this court when the Assistant Motor Vehicle Inspectors approached the court seeking a direction that technical qualification should be insisted on for the Category 4 post of Joint RTO. The relief sought by the petitioners in the said case was that the Special Rules for Kerala Transport Service, 1981 should be amended to incorporate additional technical qualifications. While disposing of the matter, the learned Single Judge observed that the functions of the Joint RTO are administrative in nature and the petitioners failed to show that public interest for safety requires that persons holding the post of Joint RTO and above should possess technical qualifications or technical knowledge of the same nature. The said observations were made after considering the then-existing Motor Vehicles Act and the OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 Rules as compared to the erstwhile Special Rules of 1962. It cannot thus be projected as a roadblock to the legislative competence of the State to prescribe technical qualifications to the said post. ## 21. In **Basheer v. Kerala Assistant Motor Vehicle** **Inspectors Association (1995 KHC 521),** the question raised was that, when the Government of India prescribed certain minimum qualifications to the post of Motor Vehicle Inspectors, by issuing a notification, was it open to the State Government to make appointments to the posts of Joint RTOs and RTOs if they do not have the minimum qualifications prescribed under the said notification. After following the decision of the Apex Court in **S.Satyapal Reddy & Others v. Govt. of A.P.& Others** (supra), the Division Bench held that there is absolutely no conflict between the Special Rules, 1981 and the notification issued by the Central Government, as both of them are supplementary to each other and that they are reconcilable. The Court also held that the OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 49 2025:KER:24560 notification issued by the Central Government does not apply to the post of Joint RTO and RTO in the State of Kerala. The main dispute raised in the above judgment is whether the officers in the category of ‘Inspector of Motor Vehicles’ include Joint RTO. In the most part of the judgment, the court was considering the above aspect and it finally concluded that Joint RTO would not come within the definition of “Inspector of Motor Vehicles”. Nevertheless, while discussing the matter in detail, the Bench observed that there are statutory indications to show that the Act and the Rules contemplated nontechnically qualified people holding the superior post. The Bench further referred to certain observations made in Annexure A2 judgment as well, to the extent that for discharging various duties enjoined on the Joint RTO and the RTO, they do not require technical knowledge of any sort and they exercise mostly administrative functions and wherever they are expected to do some inspection of vehicles or other technical aspects, they could take the OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 50 2025:KER:24560 assistance of technically qualified AMVIs or MVIs. However, the said observations were made by the Single Bench in the context that the relief sought for by the petitioners in the said case was that the Special Rules for Kerala Transport Service, 1981 should be amended to incorporate additional technical qualifications. 22. It is important to note that the entire exercise made by the Division Bench was on the basis of the following questions framed for the determination of the case: “(1) Whether the Kerala State Transport Service Rules and the Kerala State Transport Subordinate Service Rules continue to be valid and operative after 1st July 1989? (2) Whether Ext. P-4 notification dated 12th June 1989 SO 443 (E) as amended on 29th April 1991 as per SO 381 (E) applies to the posts of Joint Regional Transport Officer and Regional Transport Officer in the State of Kerala? (3) Whether Ext. P-4 notification as amended superseded the State Transport Service Rules and the Kerala State Transport Subordinate Service 51 2025:KER:24560 OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 Rules? (4) Whether the State Rules for Transport Service and the State Transport Subordinate Service Rules are in conflict with Ext. P-4 notification as amended or whether they are reconcilable and they can co-exist? (5) Whether Ext. P-8 order dated 24th June 1991 is liable to be quashed?” It is thus evident that the observation about technical qualification was only an incidental comment and the ratio of the decision, as stated earlier, is completely different. In fact, the said judgment further upheld the authority of the State Government to prescribe rules dehors the provisions contained in Section 213(4) of the Act, following the law laid down by the Apex Court in ## **S.Satyapal Reddy & Others v. Govt. of A.P.& Others** (supra). 23. For the above reasons, we are not in a position to apply the principle enunciated by the learned counsel appearing for the petitioners that when the Supreme Court OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 or the High Court declares the law in a particular manner, the effect of the decision can be nullified only through a Validation Act, and not by amending the service rules. The government, being the delegated authority to make rules, can certainly modify the provisions of the rules on which a verdict is delivered by the court. But it cannot set aside an individual decision inter-parties, as it would amount to exercising the judicial power by the State, which is impermissible under the constitutional scheme of separation of powers. Nevertheless, the power of the Government to frame rules is intact even if the factual and legal foundation of earlier judicial decisions is thereby modified. However, in the present case, after analysing Annexure A2 and A3 judgments, we do not find that the Amendment Rule, 2022 in any manner overturns the above judicial decisions **.** 24. It is also significant to note that the above decision was rendered by the Court for the absence of any statutory provision mandating that the post of Joint RTO 53 OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 requires a technical qualification. The Court noticed that a rule amendment to make such change was in the offing. It observed as follows: “ 29…… Though as per the suggestion of the Minister some draft Rules were prepared, till they are scrutinised by the Law Department and till they are approved by the Subordinate Legislation Committee of the Legislature, they cannot be brought into force. Any how, in this particular batch of writ appeals, we are not concerned with what will happen as and when the Rules are amended. It is a matter that will have to be considered by the State Executive.” In paragraph 34, the Court further stated as follows: “34. Assuming for a moment that there is some divergence between Ext.- P-4 and the Kerala State Transport Service Rules and the Kerala State Subordinate Service Rules, even then both of them are reconcilable and they can co-exist supplementing each other. Only when there is a direct conflict or inconsistency perhaps the State Rules may have to yield place to the Central Rules. On this particular aspect, it is argued by the learned counsel that even if there is any conflict the Rules framed under the power derived under Art.309 of the Constitution would prevail over Ext. P-4 which is a mere notification under the Central enactment.” OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 The ‘draft Rules’ mentioned above materialised in the form of the Amendment Rule only in the year 2022. The court pronounced the judgment in the above manner, as technical qualification was not a statutory requirement at the relevant time. Thus, there is no justification for challenging the said amendment by resorting to the very same judgment, which was pronounced in the above circumstance. 25. In short, it is to be concluded that the amended rule in question is valid and it is not repugnant to the provisions of Section 213 of the Motor Vehicles Act. The findings of this Court in **Basheer v. Kerala** **Assistant Motor Vehicle Inspectors Association** are substantially in line with the discussion made above and it is not possible to hold that the delegated legislation in question is invalid as it goes against the observations made therein. There is no reason to interfere with the impugned order passed by the Kerala Administrative Tribunal. OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 **==> picture [13 x 9] intentionally omitted <==** 2025:KER:24560 In the result, the Original Petitions are dismissed, upholding the findings of the Kerala Administrative Tribunal. Sd/- **A.MUHAMED MUSTAQUE** **JUDGE** Sd/- **P.KRISHNA KUMAR** **JUDGE** sv OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 56 2025:KER:24560 ## **APPENDIX OF OP(KAT) 9/2024** ## **PETITIONERS'ANNEXURES & EXHIBITS** **ANNEXURE A1 TRUE COPY OF THE G.O(RT)NO.4/2022/TRANS DATED 16.02.2022 AMENDING THE SPECIAL RULES FOR THE KERALA TRANSPORT SERVICE, 1981** - **ANNEXURE A2 TRUE COPY OF THE GOVT.OF INDIA NOTIFICATION ISSUED AS PER S.O.443(E) DATED 12.06.1989.** - **ANNEXURE A3 TRUE COPY OF SPECIAL RULES FOR THE KERALA TRANSPORT SERVICE, 1981 ISSUED AS PER G.O(P)NO.91/81/TF&P DATED 05.10.1981** - **ANNEXURE A4 TRUE COPY OF THE RELEVANT EXTRACT OF FILENO.TRANS-C3/239/218-TRANS (COMPUTER) NO.853412).** - **ANNEXURE A5 TRUE COPY OF THE LETTER NO.A1-E-68383/2019/TC DATED 02.07.2019 OF THE TRANSPORT COMMISSIONER ADDRESSED TO THE 1ST RESPONDENT.** **ANNEXURE A6 TRUE COPY OF LETTER NO.C3/239/2018-TRANS DATED 15.10.2020 ALONG WITH THE DRAFT SPECIAL RULES (AMENDMENT) 2020.** **ANNEXURE A7 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 04.11.2020** **ANNEXURE A8 TRUE COPY OF THE CURRENT CASE STATUS OF OA(EKM)NO.1635/2020.DOWNLOADED FROM THE WEBSITE OF THIS HON’BLE TRIBUNAL.** - **ANNEXURE A9 TRUE COPY OF G.O(MS)NO.10/2021/TRAMS DATED 27.02.2021 AMENDING THE SPECIAL RULES** **ANNEXURE A10 TRUE COPY OF G.O(MS)NO.11/2021/TRANS DATED 16.03.2023 DELETING ANNEXURTE A9 AMENDMENT ORDERED** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 57 2025:KER:24560 **ANNEXURE A11 TRUE COPY OF LETTER NO.C3/286/2020-TRANS DATED 19.03.2021 OF THE 1ST RESPONDENT ALONG WITH THE ENCLOSED DRAFT AMENDMENT SPECIAL RULES** - **ANNEXURE A12 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING DATED 02.07.2019 OF THE SUPREME COURT COMMITTEE ON ROAD SAFETY, ISSUED AS PER LETTER NO.05/2014/CORS(VOL.8) DATED 12.07.2019 OF THE SUPREME COURT COMMITTEE** - **ANNEXURE A13 TRUE COPY OF CIRCULAR NO.11884/R1/07/P&ARD DATED 19.07.2010** - **ANNEXURE A14 TRUE COPY OF THE CIRCULAR NO.RULES129/2016/P&ARD DTED 18.08.2016** - **ANNEXURE A15 TRUE COPY OF THE SERVICES PROVIDED FROM RT OFFICES AND SUB RT OFFICES, AS SHOWN IN THE OFFICIAL WEBSITE OF THE MOTOR VEHICLES DEPARTMENT** - **ANNEXURE A16 TRUE COPY OF THE RELEVANT EXTRACT OF THE MOTOR VEHICLES AMENDMENT ACT, 2019 DATED 09.08.2019** - **ANNEXURE A17 TRUE COPY OF THE COMMON ORDER IN OA(EKM)NO.1647/2021 AND CONNECTED CASES.** - **ANNEXURE A18 TRUE COPY OF G.O(RT)NO.452/2021/TRANSPORT DATED 17.12.2021 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P1 TRUE COPY OF THE O.A(EKM)-424/2022 FILED BY THE PETITIONERS BEFORE THE TRIBUNAL ALONG WITH ITS ANNEXURES** - **EXHIBIT P2 TRUE COPY OF THE MA(EKM)-1164/2022 IN OA(EKM)424/2022 DATED 01.07.2022** - **EXHIBIT P3 TRUE COPY OF THE M.A(EKM)NO.1347/2022 DATED 11.07.2022** - **EXHIBIT P4 TRUE COPY OF THE ADOPTION MEMO FILED IN O.A(EKM) 424/2022 ADOPTING THE REPLY STATEMENT DATED** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 58 2025:KER:24560 **26.09.2022 FILED BY THE 1ST RESPONDENT IN O.A (EKM) 440/2022** **EXHIBIT P5** **TRUE COPY OF THE ORDER OF THE HON’BLE TRIBUNAL DATED 20.07.2023 IN OA(EKM)-424/2022** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 59 2025:KER:24560 ## **APPENDIX OF OP(KAT) 17/2024** ## **PETITIONERS ANNEXURES & EXHIBIT** |**ANNEXURE A1**|**TRUE COPY OF THE NOTIFICATION PUBLISHED IN**| |---|---| ||**THE GAZETTE OF INDIA DATED 12.6.1989**| ||**(RELEVANT PORTION).**| |**ANNEXURE A2**|**TRUE COPY OF GO(P)NO.91/81/TF&P DATED**| ||**5.10.1981 (RELEVANT PORTION).**| |**ANNEXURE A3**|**TRUE COPY OF THE JUDGMENT OF THE HON’BLE HIGH**| ||**COURT OF KERALA IN OP NO.5612 OF 1981 AND**| ||**CONNECTED CASES DATED 28.5.1982.**| |**ANNEXURE A4**|**TRUE COPY OF LETTER NO.A1-E-68383/2019/TC**| ||**DATED 2.7.2019 OF 2ND RESPONDENT.**| |**ANNEXURE A5**|**TRUE COPY OF THE DRAFT SPECIAL RULES**| ||**(AMENDMENT) 2020 ISSUED AS PER FILE**| ||**NO.A1/62/2020-TC BY THE 1ST RESPONDENT.**| |**ANNEXURE A5(A)**|**TRUE COPY OF THE MINUTES OF THE MEETING HELD**| ||**WITH AUTHORISED SERVICE ORGANIZATIONS DATED**| ||**4.11.2020.**| |**ANNEXURE A6**|**TRUE COPY OF GO(MS)NO.10/2021/TRANS DATED**| ||**27.2.2021.**| |**ANNEXURE A7**|**TRUE COPY OF GO(MS)NO.11/2021/TRANS DATED**| ||**16.3.2021.**| |**ANNEXURE A8**|**TRUE COPY OF LETTER NO.C3/286/2020-TRANS**| ||**DATED 19.3.2021 ALONG WITH THE DRAFT**| ||**NOTIFICATION.**| |**ANNEXURE A9**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**MINUTES OF THE MEETING HELD ON 2.7.2019 OF**| ||**THE SUPREME COURT COMMITTEE ON ROAD SAFETY**| ||**ISSUED AS PER LETTER NO.05/2014/CORS(VOL-8)**| ||**DATED 12.7.2019.**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 60 2025:KER:24560 |**ANNEXURE A10**|**TRUE COPY OF CIRCULAR NO.11884/R1/07/P&ARD**| |---|---| ||**DATED 19.7.2010.**| |**ANNEXURE A11**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST**| ||**OF SERVICES PROVIDED BY REGIONAL TRANSPORT**| ||**OFFICES AND SUB REGIONAL TRANSPORT OFFICES**| ||**VIDE CITIZEN CHART ISSUED FROM MOTOR VEHICLES**| ||**DEPARTMENT.**| |**ANNEXURE A12**|**TRUE COPY OF THE MOTOR VEHICLES (AMENDMENT)**| ||**ACT, 2019 DATED 9.8.2019 (RELEVANT PORTION).**| |**ANNEXURE A13**|**TRUE COPY OF THE ORDER OF THIS HON’BLE**| ||**TRIBUNAL IN OA(EKM)NO.1106 OF 2020 DATED**| ||**3.8.2020.**| |**ANNEXURE A14**|**TRUE COPY OF GO(RT)NO.174/2021/TRANS DATED**| ||**7.6.2021.**| |**ANNEXURE A15**|**TRUE COPY OF ORDER OF THIS HON’BLE TRIBUNAL**| ||**IN OA(EKM)NO.1647 OF 2020 AND CONNECTED CASES**| ||**DATED 10.9.2021.**| |**ANNEXURE A16**|**TRUE COPY OF THE STATEMENT OF FACTS (HEARING**| ||**NOTE) SUBMITTED BY KERALA MOTOR VEHICLES**| ||**DEPARTMENT STAFF ASSOCIATION BEFORE THE 1ST**| ||**RESPONDENT DATED 10.12.2021.**| |**ANNEXURE A17**|**TRUE COPY OF THE ORDER OF THIS HON’BLE**| ||**TRIBUNAL IN TA NO.6681 OF 2012 DATED**| ||**5.7.2019.**| |**ANNEXURE A18**|**TRUE COPY OF GO(RT)NO.452/2021/TRANS DATED**| ||**17.12.2021.**| |**ANNEXURE A19**|**TRUE COPY OF GO(P)NO.4/2022/TRANS DATED**| ||**16.2.2022.**| |**EXHIBIT P1**|**TRUE COPY OF OA(EKM)NO.232 OF 2022 ALONG WITH**| ||**ANNEXURES.**| |**EXHIBIT P2**|**TRUE COPY OF THE REPLY STATEMENT FILED BY 1ST**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 61 2025:KER:24560 **RESPONDENT DATED 26.9.2022 (BY ADOPTING THE REPLY FILED IN OA(E)NO.440 OF 2022).** **EXHIBIT P3 TRUE COPY OF ORDER IN OA(EKM)NO.232 OF 2022 DATED 20.7.2023.** **EXHIBIT P4 TRUE COPY OF LETTER NO.A1/319/2024-TC(I) OF 2ND RESPONDENT DATED 10.9.2024.** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 62 2025:KER:24560 ## **APPENDIX OF OP(KAT) 394/2023** **PETITIONERS ANNEXURES & EXHIBITS** |**ANNEXURE A1**|**TRUE COPY OF THE G.O(P) NO.4/2022/TRANS DATED**| |---|---| ||**16.2.2022 (SRO NO.149/2022)**| |**ANNEXURE A2**|**TRUE COPY OF THE G.O(P) NO.91/81/TF & P DATED**| ||**05.10.1981**| |**ANNEXURE A3**|**TRUE COPY OF THE JUDGMENT OF THE HON’BLE HIGH**| ||**COURT IN O.P.NO.5612/1981 AND CONNECTED**| ||**CASES, DATED 28.5.1982**| |**ANNEXURE A4**|**TRUE COPY OF THE JUDGMENT OF THE HON’BLE HIGH**| ||**COURT DATED 24.11.1994 IN W.A.NO.1105/1994**| |**ANNEXURE A5**|**TRUE COPY OF THE MINUTES OF THE MEETING DATED**| ||**2.7.2019 BY THE SUPREME COURT COMMITTEE**| |**ANNEXURE A6**|**TRUE COPY OF THE LETTER OF SUPREME COURT**| ||**COMMITTEE ON ROAD SAFETY DATED 12.07.2019**| |**ANNEXURE A7**|**TRUE COPY OF THE COMMUNICATION DATED 2.7.2019**| ||**ISSUED BY THE TRANSPORT COMMISSIONER TO THE**| ||**FIRST RESPONDENT**| |**ANNEXURE A8**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTE**| ||**FILE DATED 7.1.2020**| |**ANNEXURE A8(A)**|**TRUE COPY OF THE COMMUNICATION NO.**| ||**C3/25/2020-TRANS DATED 25.1.2020 ISSUED BY**| ||**THE STATE PUBLIC INFORMATION OFFICER TO SMT.**| ||**MERCYKUTTY SAMUEL**| |**ANNEXURE A9**|**TRUE COPY OF THE MINUTES OF THE MEETING DATED**| ||**29.06.2020**| |**ANNEXURE A10**|**TRUE COPY OF THE COMMUNICATION NO.A1/62/2020-**| ||**TC DATED 01.10.2020 ISSUED BY THE TRANSPORT**| ||**COMMISSIONER TO THE GOVERNMENT PRINCIPAL**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 63 2025:KER:24560 **SECRETARY.** |**ANNEXURE A11**|**TRUE COPY OF THE PROPOSED DRAFT SPECIAL RULES**| |---|---| ||**(AMENDMENT) 2020**| |**ANNEXURE A12**|**TRUE COPY OF THE COMMUNICATION**| ||**NO.C3/239/2018-TRANS DATED 15.10.2020**| |**ANNEXURE A13**|**TRUE COPY OF THE MINUTES OF THE MEETING DATED**| ||**04.11.2020 HELD UNDER THE CHAIRMANSHIP OF THE**| ||**FIRST RESPONDENT**| |**ANNEXURE A14**|**TRUE COPY OF THE G.O (MS) NO. 10/2021/TRANS**| ||**DATED 27.2.2021**| |**ANNEXURE A15**|**TRUE COPY OF THE GO(MS) NO.11/2021/TRANS**| ||**DATED 16.3.2021**| |**ANNEXURE A16**|**TRUE COPY OF THE COMMUNICATION NO.**| ||**C3/286/2020-TRANS DATED 19.03.2021**| |**ANNEXURE A17**|**TRUE COPY OF THE CIRCULAR NO.11884/R1/07/P &**| ||**ARD DATED 19.07.2010**| |**ANNEXURE A18**|**TRUE COPY OF THE JUDGMENT DATED 10.09.2021 IN**| ||**OA(EKM) 693/2020 OF THIS HON’BLE COURT**| |**ANNEXURE A19**|**TRUE COPY OF THE GO(MS) NO.452/2021/TRANS.**| ||**DATED 17.12.2021**| |**ANNEXURE A20**|**TRUE COPY OF THE STATEMENT OF FACTS FURNISHED**| ||**BY THE STATE IN WRIT PETITION NO.20472/2004**| |**EXHIBIT P1**|**TRUE COPY OF THE O.A (EKM) NO.454/2022 FILED**| ||**BY THE PETITIONERS BEFORE THE TRIBUNAL ALONG**| ||**WITH THE ANNEXURES**| |**EXHIBIT P2**|**TRUE COPY OF THE REPLY STATEMENT FILED BY THE**| ||**1ST RESPONDENT ON 26.9.2022 (BY ADOPTING THE**| ||**REPLY FILED IN OA.NO.440 OF 2022)**| |**EXHIBIT 3**|**TRUE COPY OF THE REJOINDER FILED BY THE**| 64 OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 **PETITIONERS DATED 8.11.2022 IN OA (EKM) 454 OF 2022** ## **RESPONDENTS EXHIBITS** **EXHIBIT R6(a)** **TRUE COPY OF THE ORDER NO, A4/27/2022/TC DATED 13.06.2022 PROMOTING THE PETITIONER AS SENIOR SUPERINTENDENT.** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 65 ## **APPENDIX OF OP(KAT) 416/2023** ## **PETITIONERS ANNEXURES & EXHIBITS** **ANNEXURE A1 TRUE COPY OF THE KERALA TRANSPORT SERVICE SPECIAL RULES, 1981, ISSUED AS PER G.O.(P) NO. 91/81/TF&P DATED 5-10-1981 AND PUBLISHED AS S.R.O. NO. 1164/81 IN THE GAZETTE DATED 14-101981. ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN O.P. NOS. 5612/1981, 5627/1981 AND 5632/1981 DATED 28-51982 OF THE HONOURABLE HIGH COURT. ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 24-11-1994 IN W.A. NO. 1099/94 AND CONNECTED CASES OF THE HON'BLE HIGH COURT , REPORTED IN 1995 (1) ILR 284 (BASHEER VS. KERALA ASST. MOTOR VEHICLES INSPECTORS' ASSOCIATION & ORS). ANNEXURE A4 TRUE COPY OF THE CIRCULAR NO. 12/98 DATED 27-51998 ISSUED BY THE GOVERNMENT. ANNEXURE A5 TRUE COPY OF THE NOTE NO. 64 (FILE NO. TRANSC3/239/2018-TRANS DATED 7-1-2020 OBTAINED UNDER THE RTI ACT AS PER LETTER NO. C3/25/2020-TRANS DATED 25-1-2020 ISSUED FROM THE OFFICE OF THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT. ANNEXURE A6 TRUE COPY OF THE ORDER NO. C3/239/2018-TRANS DATED 9-2-2020 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A7 TRUE COPY OF THE MOTOR VEHICLES (AMENDMENT) ACT, 2019 (NO. 32 OF 2019) AMENDING VARIOUS SECTIONS OF THE MOTOR VEHICLES ACT, 1988, PUBLISHED IN THE GAZETTE OF INDIA DATED 9-8-2018. ANNEXURE A8 TRUE COPY OF THE DRAFT SPECIAL RULES (AMENDMENT) 2020 ISSUED AS PER FILE NO. A1/62/2020-TC ISSUED BY THE GOVERNMENT. ANNEXURE A9 TRUE COPY OF THE COMMON ORDER DATED 10-9-2021 IN** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 66 2025:KER:24560 ||**O.A.(EKM) NO. 693/2020, O.A.(EKM) NO. 623/2021**| |---|---| ||**AND CONNECTED CASES OF THE HON'BLE TRIBUNAL.**| |**ANNEXURE A10**|**TRUE COPY OF THE ORDER, G.O.(MS) NO.**| ||**10/2021/TRANS DATED 27-2-2021 ISSUED BY THE**| ||**GOVERNMENT.**| |**ANNEXURE A11**|**TRUE COPY OF THE LETTER NO. 05/2014/COR5(VOL.8)**| ||**DATED 12-7-2019 ADDRESSED BY THE CHAIRMAN,**| ||**SUPREME COURT COMMITTEE ON ROAD SAFETY ALONG**| ||**WITH THE MINUTES OF THE MEETING HELD ON 2-7-2019**| ||**BY THE SUPREME COURT COMMITTEE ON ROAD SAFETY.**| |**ANNEXURE A12**|**TRUE COPY OF THE ORDER, G.O.(MS) NO. 11/2021/**| ||**TRANS DATED 16-3-2021 ISSUED BY THE GOVERNMENT.**| |**ANNEXURE A13**|**TRUE COPY OF THE ORDER, G.O.(RT) NO.**| ||**452/2021/TRANSPORT DATED 17-12-2021 ISSUED BY**| ||**THE GOVERNMENT.**| |**ANNEXURE A14**|**TRUE COPY OF THE AMENDMENT TO THE SPECIAL RULES**| ||**ISSUED AS PER G.O.(P) NO. 4/2022/ TRANS. (SRO**| ||**NO. 149/2021) DATED 16-2-2022 ISSUED BY THE**| ||**GOVERNMENT.**| |**ANNEXURE A15**|**TRUE COPY OF THE JUDGMENT OF THE HONOURABLE**| ||**SUPREME COURT REPORTED IN 1994 (4) SCC 301**| ||**(S.SATHYAPAL REDDY VS. GOVERNMENT OF A.P.).**| |**ANNEXURE A16**|**TRUE COPY OF THE DEBATES BEFORE THE STATE**| ||**LEGISLATURE OBTAINED UNDER THE RTI ACT DATED 3-**| ||**8-2021 AND 11-11-2021.**| |**EXHIBIT P1**|**TRUE COPY OF THE ORIGINAL APPLICATION, O.A.(EKM)**| ||**NO. 432 OF 2022, FILED BY THE PETITIONERS/**| ||**APPLICANTS BEFORE THE HONOURABLE K.A.T.**| |**EXHIBIT P2**|**TRUE COPY OF THE ORDER IN O.A.(EKM) NO. 432/2022**| ||**AND CONNECTED CASES DATED 20-7-2022 PASSED BY**| ||**THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.**| |**EXHIBIT P3**|**TRUE COPY OF THE ADOPTION MEMO FILED BY THE**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 67 2025:KER:24560 **GOVERNMENT IN O.A.(EKM) NO. 432/2022 TO ADOPT THE REPLY STATEMENT FILED IN O.A.(EKM) NO. 440/2022. EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS/ PETITIONERS DATED 5-12-2022 BEFORE THE HONOURABLE TRIBUNAL.** **EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 9-3-2023 FILED BY THE 1ST RESPONDENT BEFORE THE HONOURABLE TRIBUNAL.** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 68 2025:KER:24560 ## **APPENDIX OF OP(KAT) 443/2023** ## **PETITIONERS ANNEXURES & EXHIBITS** |**ANNEXURE A1**|**TRUE COPY OF THE GOVERNMENT OF INDIA**| |---|---| ||**NOTIFICATION BY S.O. 443(E) DATED 12.06.1989.**| |**ANNEXURE-A2**|**TRUE COPY OF THE G.O.(P)NO.91/81/ TF&P DATED**| ||**05.10.1981 AS PUBLISHED IN KERALA GAZETTE**| ||**EXTRA ORDINARY DATED 14.10.1981.**| |**ANNEXURE-A3**|**TRUE COPY OF THE FILE NO.TRANS-C3/239/ 218-**| ||**TRANS(COMPUTER NO.853412).**| |**ANNEXURE-A4**|**TRUE COPY OF THE GOVERNMENT LETTER NO.A1-E-**| ||**68383/2019/TC DATED 02.07.2019.**| |**ANNEXURE-A5**|**TRUE COPY OF THE LETTER NO.C3/239/ 2018-TRANS**| ||**DATED 15.10.2020 OF THE 1ST RESPONDENT.**| |**ANNEXURE-A6**|**TRUE COPY OF THE MINUTES OF THE MEETING HELD**| ||**ON 04.11.2020.**| |**ANNEXURE-A7**|**TRUE COPY OF THE CURRENT CASE STATUS OF O.A.**| ||**(EKM)NO.1635 OF 2020, DOWNLOADED FROM THE**| ||**WEBSITE OF THIS HON’BLE TRIBUNAL.**| |**ANNEXURE-A8**|**TRUE COPY OF THE G.O.(MS)NO.10/ 2021/TRANS**| ||**DATED 27.02.2021.**| |**ANNEXURE-A9**|**TRUE COPY OF THE G.O.(MS)NO.11/ 2021/TRANS**| ||**DATED 16.03.2021.**| |**ANNEXURE-A10**|**TRUE COPY OF THE LETTER NO.C3/286/ 2020-TRANS**| ||**DATED 19.03.2021 OF THE 1ST RESPONDENT.**| |**ANNEXURE-A10(A)**|**TRUE COPY OF THE MINUTES OF THE SECRETARY**| ||**LEVEL MEETING HELD ON 20.03.2021.**| |**ANNEXURE-A11**|**TRUE COPY OF THE LETTER NO.05/**| ||**2014/CORS(VOL.8) DATED 12.07.2019 OF THE**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 69 2025:KER:24560 ## **SUPREME COURT COMMITTEE.** |**ANNEXURE-A12**|**TRUE COPY OF THE GOVERNMENT CIRCULAR**| |---|---| ||**NO.11884/R1/07/P&ARD DATED 19.07.2010.**| |**ANNEXURE-A13**|**TRUE COPY OF THE GOVERNMENT CIRCULAR**| ||**NO.RULES-129/2016/P&ARD DATED 18.08.2016.**| |**ANNEXURE-A14**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST**| ||**OF SERVICES PROVIDED FROM RT OFFICES AND SUB**| ||**RT OFFICES.**| |**ANNEXURE-A15**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE**| ||**MOTOR VEHICLES AMENDMENT ACT, 2019.**| |**ANNEXURE-A16**|**TRUE COPY OF THE FINAL ORDER DATED 10.09.2021**| ||**IN O.A.(EKM)NO.691/202 AND CONNECTED CASES OF**| ||**THIS HON’BLE TRIBUNAL.**| |**ANNEXURE-A17**|**TRUE COPY OF THE HEARING NOTE SUBMITTED**| ||**BEFORE GOVERNMENT FILED ON BEHALF OF THE**| ||**KERALA MOTOR VEHICLES DEPARTMENT STAFF**| ||**ASSOCIATION.**| |**ANNEXURE-A18**|**TRUE COPY OF THE G.O.(P)NO.4/2022/ TRANS**| ||**DATED 16.02.2022 PUBLISHED AS SRO NO.149/2022**| ||**IN KERALA GAZETTE EXTRA ORDINARY DATED**| ||**16.02.2022.**| |**ANNEXURE-A19**|**TRUE COPY OF THE STATEMENT DATED 28.02.2005**| ||**IN W.P.(C)NO.20472/2004 FILED BY THE**| ||**GOVERNMENT.**| |**EXHIBIT -P1**|**TRUE COPY OF O.A.(EKM)NO.414/2022 FILED**| ||**BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,**| ||**ADDITIONAL BENCH, ERNAKULAM.**| |**EXHIBIT-P2**|**TRUE COPY OF THE ADOPTION MEMO FILED BY THE**| ||**GOVERNMENT PLEADER TO ADOPT THE REPLY**| ||**STATEMENT FILED IN O.A.(EKM) NO.440/20222 OF**| ||**THE HON’BLE KAT**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 70 2025:KER:24560 ## **EXHIBIT-P3** **TRUE COPY OF THE FINAL ORDER DATED 20.07.2023 IN O.A.(EKM) 414/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL.** OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 71 2025:KER:24560 ## **APPENDIX OF OP(KAT) 490/2023** ## **PETITIONER ANNEXURES & EXHIBITS** |**ANNEXURE A1**|**TRUE COPY OF THE ORDER, G.O.(P) NO.**| |---|---| ||**91/81/TF&P DATED 5-10-1981 ISSUED BY THE**| ||**GOVERNMENT.**| |**ANNEXURE A2**|**TRUE COPY OF THE DRAFT NOTIFICATION NO.**| ||**C3/239/2018-TRANS DATED 15-10-2020 ISSUED BY**| ||**THE GOVERNMENT.**| |**ANNEXURE A3**|**TRUE COPY OF THE LETTER NO. A1/E-**| ||**68383/2019/TC DATED 2-7-2019 SENT BY THE**| ||**TRANSPORT COMMISSIONER TO THE 1ST RESPONDENT.**| |**ANNEXURE A4**|**TRUE COPY OF THE ORDER, G.O.(MS) NO. 10/ 2021**| ||**/ TRANS DATED 27-2-2021 ISSUED BY THE**| ||**GOVERNMENT.**| |**ANNEXURE A5**|**TRUE COPY OF THE ORDER, G.O.(MS) NO. 11/2021/**| ||**TRANS DATED 16-3-2021 ISSUED BY THE**| ||**GOVERNMENT.**| |**ANNEXURE A6**|**TRUE COPY OF THE LETTER NO. C3/286/2020 -**| ||**TRANS DATED 19-3-2021 ISSUED BY THE 1ST**| ||**RESPONDENT.**| |**ANNEXURE A7**|**TRUE COPY OF THE DRAFT NOTIFICATION ISSUED BY**| ||**THE GOVERNMENT, ENCLOSED ALONG WITH ANNEXURE**| ||**A6.**| |**ANNEXURE A8**|**TRUE COPY OF THE ORDER, G.O.(RT) NO.**| ||**452/2021/TRANSPORT DATED 17-12-2021 ISSUED BY**| ||**THE GOVERNMENT.**| |**ANNEXURE A9**|**TRUE COPY OF THE NOTIFICATION NO. G.O.(P) NO.**| ||**4/2022/ TRANS DATED 16-2-2022 ISSUED BY THE**| ||**GOVERNMENT.**| |**ANNEXURE A10**|**TRUE COPY OF THE MINUTES OF THE MEETING HELD**| ||**ON 2-7-2019 OF THE SUPREME COURT COMMITTEE ON**| ||**ROAD SAFETY.**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 72 |**ANNEXURE A11**|**TRUE COPY OF THE CIRCULAR NO. 11884/R1/07/**| |---|---| ||**P&ARD DATED 19-7-2010 ISSUED BY THE 1ST**| ||**RESPONDENT.**| |**ANNEXURE A12**|**TRUE COPY OF THE STATEMENT SHOWING THE**| ||**SERVICES PROVIDED FROM THE REGIONAL TRANSPORT**| ||**OFFICES AND SUB REGIONAL TRANSPORT OFFICES.**| |**ANNEXURE A13**|**TRUE COPY OF THE RELEVANT PAGES OF THE MOTOR**| ||**VEHICLES (AMENDMENT) ACT, 2019.**| |**ANNEXURE A14**|**TRUE COPY OF THE MINUTES OF THE MEETING DATED**| ||**4-11-2020 BETWEEN THE PRINCIPAL SECRETARY**| ||**WITH THE SERVICE ASSOCIATIONS.**| |**ANNEXURE A15**|**TRUE COPY OF THE NOTIFICATION, S.O. 443 (E)**| ||**DATED 12-6-1989 ISSUED BY THE GOVERNMENT.**| |**EXHIBIT P1**|**TRUE COPY OF THE ORIGINAL APPLICATION, O.A.**| ||**(EKM) NO. 423/2022 FILED BY THE PETITIONERS**| ||**BEFORE THE HONOURABLE K.A.T.**| |**EXHIBIT P2**|**TRUE COPY OF THE REPLY STATEMENT DATED 26-9-**| ||**2022 FILED BY THE GOVERNMENT IN SIMILAR**| ||**CONNECTED CASE IN O.A.(EKM) NO. 440/2022**| ||**BEFORE THE HONOURABLE K.A.T.**| |**EXHIBIT P3**|**TRUE COPY OF THE ORDER DATED 20-7-2023 IN**| ||**O.A.(EKM) NO. 423/2022 OF THE HONOURABLE**| ||**K.A.T. (ERNAKULAM BENCH).**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 73 2025:KER:24560 ## **APPENDIX OF OP(KAT) 517/2023** ## **PETITIONERS ANNEXURES & EXHIBITS** |**ANNEXURE-A1**|**TRUE COPY OF SPECIAL RULES OF THE KERALA**| |---|---| ||**TRANSPORT SERVICE, 1981 PUBLISHED AS GO(P)**| ||**NO.91/1981/TR&P DATED 05.10.1981**| |**ANNEXURE-A2**|**TRUE COPY OF NOTIFICATION ISSUED BY THE**| ||**CENTRAL GOVERNMENT NO. SO. 443 (E) DATED**| ||**12.06.1989**| |**ANNEXURE-A3**|**TRUE COPY OF THE JUDGMENT K. BASHEER VS.**| ||**KERALA ASSISTANT MOTOR VEHICLE INSPECTORS’**| ||**ASSOCIATION AND OTHERS REPORTED IN ILR 1995**| ||**(1) KER 284**| |**ANNEXURE-A4**|**TRUE COPY OF THE DRAFT SPECIAL RULES 2020**| ||**(AMENDMENT)**| |**ANNEXURE-A5**|**TRUE COPY OF THE DRAFT PROPOSAL**| |**ANNEXURE-A6**|**TRUE COPY OF GO (MS) NO.11/2021/TRANS ISSUED**| ||**BY THE 1ST RESPONDENT DATED 16.03.2021**| |**ANNEXURE-A7**|**TRUE COPY OF THE DRAFT RULES ISSUED BY THE**| ||**1ST RESPONDENT DATED NIL**| |**ANNEXURE-A8**|**TRUE COPY OF THE MINUTES OF THE SUPREME COURT**| ||**COMMITTEE ON ROAD SAFETY**| |**ANNEXURE-A9**|**TRUE COPY OF GO (P) NO 4/2022/TRANS DATED**| ||**16.02.2022**| |**ANNEXURE-A10**|**TRUE COPY OF THE CITIZEN CHART ISSUED FROM**| ||**THE MOTOR VEHICLES DEPARTMENT KERALA DATED**| ||**NIL**| |**ANNEXURE-A11**|**TRUE COPY OF THE LETTER FROM TRANSPORT**| ||**COMMISSIONER TO THE SECRETARY TO GOVERNMENT**| ||**TRANSPORT (C) DEPARTMENT DATED 02.07.2019**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 2025:KER:24560 74 |**ANNEXURE-R3(A)**|**TRUE COPY OF THE QUESTION AND ANSWER IN**| |---|---| ||**RESPECT OF QUESTION NO.1790 OF THE 3RD**| ||**ASSEMBLY MEETING OF THE 15TH KERALA**| ||**LEGISLATIVE ASSEMBLY DATED 08.10.2021**| |**ANNEXURE-R3(B)**|**TRUE COPY OF NOTIFICATION ISSUED BY TJE**| ||**GOVERNMENT AS GO(P)NO.1/84/TF & P DATED**| ||**02.01.1984**| |**EXHIBIT-P1**|**TRUE COPY OF MEMORANDUM OF ORIGINAL**| ||**APPLICATION, OA(EKM) NO.410/2022 FILED BEFORE**| ||**THE KERALA ADMINISTRATION TRIBUNAL.**| |**EXHIBIT-P2**|**TRUE COPY OF THE ADOPTION MEMO FILED BY THE**| ||**1ST RESPONDENT DATED 21.10.2022**| |**EXHIBIT-P3**|**TRUE COPY OF THE REPLY STATEMENT FILED BY THE**| ||**1ST RESPONDENT IN OA 440/2022 DATED**| ||**26.09.2022**| |**EXHIBIT-P4**|**TRUE COPY OF REPLY STATEMENT DATED 27.01.2023**| ||**FILED BY ADDITIONAL 3RD RESPONDENT**| |**EXHIBIT-P5**|**TRUE COPY OF THE REPLY STATEMENT FILED BY THE**| ||**ADDITIONAL RESPONDENTS 4-5, DATED 18.10.2022**| |**EXHIBIT-P6**|**TRUE COPY OF THE COMMON ORDER PASSED IN**| ||**OA(EKM) 410/202 AND CONNECTED CASES DATED**| ||**20.07.2023 OF THE KERALA ADMINISTRATIVE**| ||**TRIBUNAL, THIRUVANANTHAPURAM, ADDITIONAL**| ||**BENCH, ERNAKULAM.**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 75 2025:KER:24560 ## **APPENDIX OF OP(KAT) 560/2023** ## **PETITIONERS ANNEXURES & EXHIBITS** |**ANNEXURE A1**|**TRUE COPY OF THE KERALA TRANSPORT SERVICE**| |---|---| ||**(AMENDMENT) SPECIAL RULES, 2022 NOTIFIED IN**| ||**KERALA GAZETTE EXTRA ORDINARY G.0.**| ||**(P)NO.4/2022/TRAN DATED 16.2.2022**| |**ANNEXURE A2**|**TRUE COPY OF THE RELEVANT PAGES OF THE**| ||**MINUTES DATED 02.07.2019 OF THE SUPREME COURT**| ||**COMMITTEE ON ROAD SAFETY (PAGE 115, 116, 117,**| ||**118 AND 124) ALONG WITH THE COVERING LETTER**| ||**DATED 12.07.2019 OF THE SECRETARY OF THE**| ||**SUPREME COURT COMMITTEE ON ROAD SAFETY TO THE**| ||**MINISTRY OF ROAD TRANSPORTS AND HIGH WAYS,**| ||**NEW DELHI**| |**ANNEXURE A3**|**TRUE COPY OF THE CIRCULAR NO. 11884/R1/07/P &**| ||**ARD DATED 19.07.2010.**| |**ANNEXURE A4**|**TRUE COPY OF THE RELEVANT PAGES OF KERALA**| ||**MOTOR VEHICLES ID ON VOLUME II CONTAINING THE**| ||**POWERS, DUTIES AND FUNCTIONS OF THE OFFICERS**| ||**OF MOTOR VEHICLES DEPARTMENT**| |**ANNEXURE A5**|**TRUE COPY OF THE COMPARATIVE TABLE SHOWING**| ||**THE DUTIES AND FUNCTIONS OF THE OFFICERS OF**| ||**MOTOR VEHICLES DEPARTMENTS. PRIOR TO AND**| ||**AFTER THE AMENDMENT OF THE ACT**| |**EXHIBIT P1**|**THE TRUE COPY OF THE APPLICATION IN O.A (EKM)**| ||**NO.422/2022**| |**EXHIBIT P2**|**A TRUE COPY OF THE COMMON JUDGMENT IN O.A**| ||**(EKM) NO.422/2022**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 76 2025:KER:24560 ## **APPENDIX OF OP(KAT) 491/2023** ## **PETITIONERS ANNEXURES & EXHIBITS** |**ANNEXURE A1**|**TRUE COPY OF THE PROPOSED KERALA TRANSPORT**| |---|---| ||**SERVICE (AMENDMENT) SPECIAL RULES, 2020.ALONG**| ||**WITH TYPED COPY**| |**ANNEXURE A2**|**TRUE COPY OF THE SPECIAL RULES OF KERALA**| ||**TRANSPORT SERVICE RULES, 1981 (PRE-**| ||**AMENDMENT).ALONG WITH TYPED COPY**| |**ANNEXURE A3**|**TRUE COPY OF THE ORDER DATED 10.09.2021 IN**| ||**O.A (EKM) NO. 1647/2020 PASSED BY THE HON’BLE**| ||**KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM**| ||**BENCH**| |**ANNEXURE A3(A)**|**TRUE COPY OF G.O NO. 452/2021/TRANS DATED**| ||**17.12.2021.**| |**ANNEXURE A4**|**TRUE COPY OF THE G.O(P) NO.4/2022/TRANS DATED**| ||**16.02.2022 ISSUED BY THE 1 ST RESPONDENT**| ||**CONTAINING THE KERALA TRANSPORT SERVICE**| ||**(AMENDMENT) SPECIAL RULES 2022.**| |**ANNEXURE A5**|**TRUE COPY OF THE JUDGMENT DATED 28.05.1982 IN**| ||**O.P.NO.5612/1981 AND CONNECTED CASES ALONG**| ||**WITH TYPED COPY**| |**ANNEXURE A6**|**TRUE COPY OF THE JUDGMENT DATED 24.11.1994 IN**| ||**W.A.NO.1105/1994 ALONG WITH TYPED COPY**| |**ANNEXURE A7**|**TRUE COPY OF THE ORDER DATED 5.07.2019 IN**| ||**T.A.NO.6681/2012 ALONG WITH TYPED COPY**| |**ANNEXURE A8**|**TRUE COPY OF THE LETTER NO.A1/E-68383/19**| ||**DATED 2.07.2019 ALONG WITH TYPED COPY**| |**ANNEXURE A9**|**TRUE TABLE PREPARED BY THE APPLICANTS AND**| ||**OTHERS WHICH LISTS OUT THE SERVICE PROVIDED**| ||**FROM THE SUB- REGIONAL TRANSPORT OFFICES AND**| ||**THE REGIONAL TRANSPORT OFFICES INDICATING**| OP(KAT) Nos.491/2023, 9/2024, 17/2024, 394/2023, 416/2023, 443/2023, 490/2023, 517/2023, 560/2023 77 2025:KER:24560 **THEIR NATURE AND MISCELLANEOUS APPLICATION TO JOIN THE APPLICANTS** **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF THE OA (EKM)NO.440/2022 ALONG WITH ITS ANNEXURES** **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1 ST RESPONDENT DATED 26.09.2022** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.07.2023 IN O.A(EKM)NO.440/2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P4 IMPLEADING PETITION FILED BY THE RESPONDENT NO.4** **EXHIBIT P5 IMPLEADING PETITION FILED BY THE RESPONDENTS NO.5 AND 6 EXHIBIT P6 TRUE COPY OF THE LETTER NO.A1/319/2024-PC(I) DATED 10.09.2024 ISSUED BY THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM TO ALL THE DEPUTY TRANSPORT COMMISSIONERS.**