OP(KAT)277 of 2019

OP(KAT)277 of 2019 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 27[TH] DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944** ## **OP(KAT) NO. 277 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 397/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS IN O.A.:** 1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA. 3 RESIDENT COMMISSIONER, GOVERNMENT OF KERALA, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001. 4 CONTROLLER, KERALA HOUSE, KASTURBA GANDHI MARG, NEW DELHI-110001. BY SR.GOVERNMENT PLEADER SRI.ANTONY MUKKATH OP(KAT)277 of 2019 2 ## **RESPONDENTS/APPLICANTS O.A.:** 1 SANTHOSH.D S/O DAMODHARAN, RESIDING AT 16-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-01,WORKING AS CHAUFFEUR, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 2 ANAN SWAROOP, S/O LATE MUNNILAL, RESIDING AT C-236/A, EKTA VIHAR, GALI NO 4, JAIPUR EXTENSION, PART 1, BADARPUR, DELHI-110044, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 3 SUBHASH, S/O CHARAN SINGH, RESIDING AT HOUSE NO 309, 1 BLOCK, SUNDER NAGARI, DELHI-110093,WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. - 4 MANI C.K, S/O KUNHAN C M, RESIDING AT STAFF QUARTERS-35, KAVERY APARTMENT B.D MARG, NEW DELHI-11001, WORKING AS COOK, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 5 SANJAY KUMAR, S/O PREMPAL, RESIDING AT 25/61, SERVANT QUARTER, FIROZ SHAH ROAD, MANDI HOUSE, NEW DELHI-110001, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 6 RAJ KUMAR, S/O LATE MADANLAL, RESIDING AT 10811/4,10A, BLOCK, 100 QUR,KAROL BAG, NEW DELHI-11005, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 7 D.VINOD, S/O LATE DURGA, 577,T.HUTS,HMV, JWALAPURI, DELHI-110087, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. OP(KAT)277 of 2019 3 8 SUNIL J.S, S/O LATE JOHN SIMON,RESIDING AT 52-KAPURTHALA PLOT,COPER NICUS MARGE, NEW DELHI-110001, WORKING AS KITCHEN HELPER , KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 9 AJITH KUMAR, S/O LATE DAMODHARAN NAIR, RESIDING AT C-336, ALBERT SQUARE, GOLE MARKER, NEW DELHI-11001, WORKING AS BEARER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 10 ANTHRAYOSE ULAHANNAN, S/O ULAHANNAN VARGHESE, RESIDING AT 43-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS ROOM ATTENDANT, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 11 ABHILASH S, S/O LATE SASIDHARAN PILLAI, RESIDING AT 317 MAIN ROAD, BURARI, DELHI 110084, WORKING AS BEARER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 12 SURESH KUMAR P.C, S/O CHANDRASEKHARAN KURUP, RESIDING AT QTR NO.6,14-AKBAR ROAD, NEW DELHI 110001, WORKING AS BEARER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 13 KUTTAPPAN C.K, S/O CHACKO,RESIDING AT 28-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS COOK, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 14 MANIYAN K, S/O LATE KUNJHU KUTTY, RESIDING AT C/O MAHESH J, 51-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. OP(KAT)277 of 2019 4 15 MOHANN R, S/O RAMAKRISHNA PILLAI, RESIDING AT OB6,TRAVANCORE HOUSE, MADHAV RAO SCINDIA MARG, NEW DELHI-110001, WORKING AS CHAUFFER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 16 GEETHA, D/O RAMAN KUTTY,RESIDING AT 39-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS OFFICE ATTENDANT AT KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 17 ROYMON C.BABY, S/O BABY C.M, RESIDING AT FLAT NO 5, K.H.NO 407,BUILDING NO 452, SULTAN PUR, DELHI, 110030, WORKING AS ROOM ATTENDANT, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 18 DEEPAK, S/O RAM GOPAL, RESIDING AT HOUSE NO 802, SARASWATIPURAM JNU, NEW DELHI,110067, WORKING AS CHAUFFER GRADE-11,O/O THE TOURIST INFORMATION OFFICER, KERALA HOUSE, NEW DELHI. 19 RAJEEV R, S/O A.G.BALARAJAN, RESIDING AT 33-KAPURTHAL PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS BEARER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 20 ARUN KUMAR, S/O REGHUNATH, RESIDING AT 35-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS DRIVER TO O/O THE RESIDENT COMMISSIONER, KERALA HOUSE, NEW DELHI-110001, DELHI, 21 SOORAJ, S/O INDERPAL SING, RESIDING AT 293,GINDER ENCLAVE, MAN GT ROAD, SAHIBABAD-201005, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. OP(KAT)277 of 2019 5 22 ANEESH KUMAR, S/O SOMAN NAIR, RESIDING AT 47 F, POCKET B/7 MAYUR VIHAR PHASE-3, DELHI 110001, DELHI, WORKING AS CHAUFFER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 23 SUJITH KUMAR, S/O SURENDRAN, RESIDING AT PLOT NO 131, A 1I1RD FLOOR PRATAP NAGAR, HARI NAGAR, NEW DELHI 1100064, WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 24 SUNIL KUMAR P.P, S/O KUNJHIKRISHANA, RESIDING AT 36 KAPURTHALA PLOT, COPER NICUS MARG, NEW DELYHI-110001, WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 25 SURESH P.K, S/O KOCHU KUNJU, RESIDING AT 31 HAUZ RANI, MALVIYA NAGAR, NEW DELHI-1100017, WORKING AS BEARER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 26 PRAKASH P, S/O GOMTI PRASAD, RESIDING AT 7/17, NANTAR MANTAR ROAD, BEHIND JANTADAL OFFICE, NEW DELHI-110001, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 27 AMAR KUMAR, S/O LATE PURAM CHAND, RESIDING AT D-258, SEEMAPURI, DELHI 110095, WORKING AS SWEEPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. OP(KAT)277 of 2019 6 28 SIBI JOSE, S/O K.J.JOSEPH, RESIDING AT A-150 F3 DILSHAD COLONY, DELHI-95 , WORKING AS ROOM ATTENDANT, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 29 RANSAN P.P, S/O LATE ANDI P, RESIDING AT 09-KAPURTHALA PLOT, COPER NICUS MARGE, NEW DELHI-110001, WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 30 HEERA SINGH MEHRA, S/O LATE HIMMAT SINGH MEHRA, RESIDING AT MANTOLI, RAJAGAR-POST PITHORAGARH DISTRICT, UTTARAKHAD, 262 534, WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 31 MAHESH J, S/O JAYAPRAKASH, RESIDING AT 51-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 32 MANOJ KUMAR, S/O LATE FAKIRCHAND, RESIDING AT 48-KAPURTHALA PLOT, COPER NICUS MARG, NEW DELHI-110001, WORKING AS KITCHEN HELPER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 33 C.BALAKRISHNAN, S/O UNNIKRISHNAN, RESIDING AT OB-3, TRAVANCORE HOUSE, MADHAVRAO SCINDIA MARG, NEW DELHI-110001, WORKING AS DRIVER TO OFFICE OF THE RESIDING COMMISSIONER, KERALA HOUSE JANTAR MANDIR ROAD, NEW DELHI-110001, DELHI 34 SHAJI ABRAHAM, S/O K.V.ABRAHAM, RESIDING AT B8, JEEVANPARK, PANKHA ROAD, UTTAN NAGAR, NEW DELHI-110059, WORKING AS BEARER, KERALA HOUSE, JANTAR MANDIR ROAD, NEW DELHI-110001.DELHI. 7 OP(KAT)277 of 2019 *Addl.35 CHENTHAMARAKSHAN M., CHANDRALAYAM, THEKKETHARA, KOLLENGODE P.O., PALAKKAD DISTRICT, PIN- 678506. *Addl.36 MEGHNA C., CHANDRALAYAM, THEKKETHARA, KOLLENGODE P.O., PALAKKAD DISTRICT, PIN- 678506, NOW RESIDING AT 39, KAPURTHALA PLOT, COPERNICUS MARG, NEW DELHI- 110001. *Addl.37 JYOTSNA C., CHANDRALAYM, THEKKETHARA, KOLLENGODE P.O., PALAKKAD DISTRICT, PIN- 678506, NOW RESIDING AT 39, KAPURTHALA PLOT, COPERNICUS MARG, NEW DELHI- 110001. (*ADDITIONAL RESPONDENT NOS.35 TO 37 ARE IMPLEADED AS PER THE ORDER DATED 20.01.2020 IN I.A.NO.1/2020 OF OP(KAT) 277/2019). BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 27.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT)277 of 2019 8 ## **JUDGMENT** ## A.K.Jayasankaran Nambiar, J This Original Petition (KAT) filed by the State impugns the order dated 10.4.2019 of the Kerala Administrative Tribunal (KAT) in OA No.397 of 2017. 2. The brief facts necessary for the disposal of the OP(KAT) are as follows:- The applicants before the Tribunal were persons who were working as employees in various posts in the Kerala House on contract basis. Through a Government Order dated 19.9.2015 their services in the posts against which they were working were regularised by the Government. Later, through Annexure A2 order dated 25.02.2017 the said regularisation was cancelled and it was directed that their services would be continued/retained on contract basis. As a consequential order, Annexure A7 dated 27.02.2017 was also passed by the Resident Commissioner of the Kerala House cancelling the regularisation of the applicants and retaining them in service on contract basis. 9 OP(KAT)277 of 2019 3. The Government Order dated 25.02.2017 and the consequential order dated 27.2.2017 were impugned before the Tribunal, _inter alia_ , on the contention that the regularisation directed by the Government through its order dated 19.9.2015 was perfectly justified in as much as the Government had on two previous occasions in 1994 and 2006 respectively, resorted to a similar regularisation of employees at the Kerala House, New Delhi. It was also urged before the Tribunal that before passing the orders impugned in the original application, the applicants were not afforded an opportunity of hearing to show cause as to why their regularisation should not be cancelled. 4. The Tribunal by the impugned order took note of the fact that there was no rule which provided for the appointment of persons to the posts in question through the Kerala Public Service Commission (PSC), and that the Government itself had earlier regularised persons in 1994 and 2006 respectively. The Tribunal therefore found that in as much as the Government had only followed a procedure that was followed in earlier years while regularising the applicants with effect from 19.9.2015, the said procedure could not be seen as illegal or irregular and therefore, the subsequent Government Order cancelling the regularisation could not be legally countenanced. In essence the Tribunal found that on an analysis of the various Government Orders with regard to appointment in lower grade posts in the Kerala House, the OP(KAT)277 of 2019 10 Government had passed orders sanctioning the posts prescribing qualifications, excluding them from the purview of the Public Service Commission and regularising the appointments after verification of the essential details including age and qualification of candidates by appointing a committee and the like. It was also noticed that no other Government Orders were in force prescribing any mode of recruitment other than those contained in the orders mentioned above. In as much as the same practice and procedure was followed in 1994 and 2006, the Tribunal felt thats as there were adequate vacancies to accommodate the applicants, which fact was evident from the retention of the applicants on contract basis, the impugned Government Orders that cancelled the regularisation could not be legally sustained. While doing so, the Tribunal also found that the ratio in **Secretary, State of Karnataka and others** **v. Umadevi and others** [2006 (4) SCC 1] would not have any application since there were no rules under Article 309 of the Constitution of India that were framed and governed the appointment that was done in the instant case. The impugned orders of the Government as well as the Resident Commissioner were accordingly quashed and the applicants were held entitled to all the service benefits as were being granted to them during the pendency of the original application. 5. Before us, it is the submission of Sri.Antony Mukkath, the learned Senior Government Pleader for the petitioners that the OP(KAT)277 of 2019 11 Tribunal erred in allowing the original application by setting aside the Government Order cancelling the regularisation that was earlier granted to the applicants since the decision of the Supreme Court in **Umadevi** (supra) clearly directed the various State Governments not to resort to regularisation as a mode of recruitment to public services. An exception was no doubt carved in paragraph 53 of the said judgment, wherein, it was clarified that in exceptional circumstances where persons had been recruited against sanctioned posts by following a fair selection procedure albeit not the statutorily mandated selection procedure and had continued in service as such for a period of over ten years, then their appointments could be seen as merely irregular as against illegal and in such cases the Government could regularise the services of the said persons as a one-time measure. It is stated that the exceptional circumstances mentioned in **Umadevi** (Supra) did not exist in the instant case. 6. We find force in the said contention of the learned Government Pleader for a reading of the judgment of the Supreme Court in **Umadevi** (supra) clearly brings out the aspect of illegality of appointments made through regularisation of persons who had worked against a sanctioned post on contract basis, only for a period of three years. The tenor of the judgment in **Umadevi** (supra) is that the appointment to sanctioned posts in an establishment must ordinarily be strictly in accordance with the Recruitment Rules in OP(KAT)277 of 2019 12 force and in their absence through a recognised mode of selection. The mode of recruitment through regularisation was to be resorted to only in exceptional cases and that too in the circumstances spelt out by the Supreme Court at paragraph 53 of that judgment. In the instant case it is not in dispute that the applicants before the Tribunal were persons who were regularised through the Government Order dated 19.9.2015 at a time when they had only about three years of service on contact basis in the respective posts. It was noticing the said anomaly, and the consequent illegality in their regularisation that the petitioner-Government chose to cancel the regularisation through the subsequent Government Order dated 25.2.2017. In as much as the Government through the latter Government Order was only correcting a mistake and an illegality that had been occasioned while regularising the applicants in 2015, the said Government Order cannot be seen as illegal or vitiated in any manner. The contention of the applicants with regard to the non-adherence to the rules of natural justice, in that they were not afforded a hearing before their regularisation was cancelled, cannot also have any significance when the cancellation of the regularisation was only with a view to correct an illegality that had been occasioned at the time of their initial regularisation. Thus, in any view of the matter we cannot sustain the impugned order of the Tribunal that set aside the Government Order dated 25.02.2017 (Annexure A2) and the consequential order of the Resident Commissioner dated 27.02.2022 (Annexure A7). We are of the view that the said orders are legal and valid and must be upheld. OP(KAT)277 of 2019 13 Accordingly, we allow this OP(KAT) by setting aside the impugned order of the Tribunal. 7. Before parting with this OP(KAT), we make it clear that the petitioners shall not seek recovery of any amounts paid to the applicants in the O.A. over and above the amounts that they were otherwise entitled to by virtue of a contract appointment during the pendency of these proceedings. We also leave open the liberty to the applicants in the Original Application to approach the Government for a consideration of their case for regularisation in the light of the settled law on the subject, notwithstanding that they are continuing in employment on contract basis on the strength of the Government Order dated 25.02.2017 (Annexure A2). On any such representation being received by the Government, it shall consider the claim for their regularisation taking note of the number of years already put in by the applicants on contract basis in the various posts. The Original Petition (KAT) is allowed as above. Sd/- ## **A.K.JAYASANKARAN NAMBIAR,** ## **JUDGE** Sd/- **MOHAMMED NIAS C.P., JUDGE** dlk 27.9.2022 OP(KAT)277 of 2019 14 ## **APPENDIX OF OP(KAT) 277/2019** PETITIONERS EXHIBITS EXHIBIT P1 TRUE COPY OF THE OA NO 397/2017 ALONG WITH ANNEXURE BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P1(A1) TRUE COPY OF GO (MS) NO 241/2015/G.AD DATED 19.9.2015 EXHIBIT P1(A2) TRUE COPY OF GO (MS) NO 49/17/G.AD DATED 25.2.2017 EXHIBIT P1(A3) TRUE COPY OF GO (P) NO 56/92/P & ARD DATED 15.12.1992. EXHIBIT P1(A4) TRUE COPY OF THE ORDER DATED 21.3.2016 IN TA NO 7014/2012 EXHIBIT P1(A5) TRUE COPY OF PROCEEDINGS NO 849/C1/16 KH DATED 2.11.2016 EXHIBIT P1(A6) TRUE COPY OF PROCEEDINGS NO 858/C1/16 KH DATED 71.11.2016 EXHIBIT P1(A7) TRUE COPY OF PROCEEDINGS NO 160/C/17/KH DATED 27.2.2017 MA TO JOIN TOGETHER IN EXT.P1 EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 3.3.2017 IN OA NO 397/2017 ISSUED BY THE KERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO 862/2017 ALONG WITH ANNEXURES. EXHIBIT P3(A8) TRUE COPY OF PROCEEDINGS NO 224/C3/17/KH DATED 17.3.2017 OP(KAT)277 of 2019 ## 15 |EXHIBIT P3(A9)|TRUE COPY OF LETTER NO 21(POL4) 2017/GAD| |---|---| ||DATED 9.3.2017| |EXHIBIT P3(A10)|TRUE COPY OF PROCEEDINGS NO 107/2017/RC| ||DATED 17.3.2017| |EXHIBIT P4|TRUE COPY OF THE REPLY STATEMENT FILED| ||ON BEHALF OF THE 1ST RESPONDENT ALONG| ||WITH RI(A) TO RI(E)| |ECHIBIT P4(R1)(A)|TRUE COPY OF THE ORDER GO(MS) NO 17/2017| ||/GAD DATED 24.1.2017| |EXHIBIT P4(R1)(B)|TRUE COPY OF THE ORDER GO(MS) NO| ||43/2017/.GAD GAD DATED 22.2.2017| |EXHIBIT P4(R1)(C)|TRUE COPY OF THE ORDER GO (MS) NO| ||37/2016/GAD DATED 4.3.2016| |EXHIBIT P4(R1)(D)|THE SERVICE DETAILS OF THE APPLICANTS| |EXHIBIT P4(R1)(E)|TRUE COPY OF THE ORDER GO (MS)| ||49/2017/GAD DATED 25.2.2017| |EXHIBIT P5|TRUE COPY OF THE REJOINDER FILED BY THE| ||APPLICANTS ALONG WITH ANNEXURES| |EXHIBIT P5(A11)|TRUE COPY OF THE RELEVANT PAGES IN OA NO| ||1609/2014 INCLUDING ANNEXURE A12 THEREIN| |EXHIBIT P5(A12)|TRUE COPY OF THE REPLY STATEMENT DATED| ||1.11.2016 FILED BY THE 1ST RESPONDENT IN| ||OA NO 1609/2014| |EXHIBIT P5(A13)|TRUE COPY OF THE ORDER DATED 16.9.2015| ||OF THE HON'BLE HIGH COURT OF DELHI IN| ||WPC NO 2633/2015| |EXHIBIT P5 (A14)|TRUE COPY OF EXTRACT OF RULE 10 C (II)| ||OF THE RULES OF BUSINESS OF THE| ||GOVERNMENT OF KERALA| OP(KAT)277 of 2019 16 EXHIBIT P6 TRUE COPY OF THE MEMO FILED BY THE COUNSEL FOR THE APPLICANTS EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 5.4.2017 IN MA NO 862/2017 IN OA NO 397/2017 EXHIBIT P8 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE ADDITIONAL REJOINDER ALONG WITH ANNEXURES FILED BY THE 5TH APPLICANT FOR HIMSELF AND FOR ON BEHALF OF THE OTHER APPLICANTS EXHIBIT P9(A15) A TRUE COPY OF COUNTER AFFIDAVIT OF THE 1ST RESPONDENT AND OTHERS IN WPC 2633/2015 DATED 25.4.2015 EXHIBIT P9(A16) TRUE COPY OF REPLY STATEMENT DATED 2.3.2013 FILED BY 5TH RESPONDENT IN TA 7014/2012 EXHIBIT P9(A17) TRUE COPY OF THE GOVERNMENT ORDER NO GO(MSo 209/81/GAD DATED 30.6.2981 EXHIBIT P9(A18) TRUE COPY OF GOVERNMENT ORDER GO (P) NO 184/77/GAD DATED 15.6.1977 EXHIBIT P9 (A19) TRUE COPY OF GO (RT) NO 3818/5/GAD DATED 13.5.2005 EXHIBIT P9 (A20) A TRUE COPY OF GO (MS) NO 180/2013/GAD DATED 20.6.2013 EXHIBIT P9(A21) GOVT ORDER NO 612/2012/NORKA DATED 18.10.2017 EXHIBIT P9(A22) A TRUE COPY OF GO (MS) NO 58/2013/NRRI DEPT DATED 1.7.2013 OP(KAT)277 of 2019 17 EXHIBIT P9(A23) TRUE COPY OG GO (MS) 138/2015/H&FW DEPT DATED 1.7.2015 EXHIBIT P9(A24) GO(MS) NO 161/17/AGRI DATED 13.12.2017 EXHIBIT P10 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO 8/2009 IN OA NO 397/2017 ALONG WITH ANNEXURES EXHIBIT P10(MAI) TRUE COPY LETTER NO 44/POL.4/2018/GAD DATED 22.3.2018 OF THE GOVERNMENT EXHIBIT P10(MA2) TRUE COPY OF LETTER NO 83/POL.4/2018/GAD DATED 4.8.2018 OF THE GOVERNMENT EXHIBIT P10 (MA3) TRUE COPY OF THE U.O.NOTE NO 2356/RCTRY/18 DATED 8.8.2018 OF 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 28.2.2018 IN OA NO 397/2017 EXHIBIT P12 TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 10.4.2019 IN OA NO 397/2017