High Court of KeralaDivision BenchOriginal petitions dismissed; Tribunal’s orders...
OP(KAT).Nos.362/2014, 381/2014 and 125/2015 (A. Unnikrishnan; Ajith Kumar; Baby Saroja E. v. State of Kerala and Others)
Case / Petition Number:OP(KAT).No.362/2014; OP(KAT).No.381/2014; OP(KAT).No.125/2015
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran, J.
- P. V. Kunhikrishnan, J.
- Judgment Date
- 2020-02-17
- Court Decision / Holding
- Judgment upheld the Kerala Administrative Tribunal’s orders; petitions dismissed. The High Court noted that the parties have already retired with promotions and that no further action is required on the basis of this judgment. Costs awarded to the parties.
- Final Disposition
- Original petitions dismissed; Tribunal’s orders upheld; retirement/promotion context acknowledged; costs awarded; no further action required.
Parties to the Case
Appellants / Petitioners
- A. Unnikrishnan
- Ajith Kumar
- Baby Saroja E.
Respondents
- P. Manoharan
- M.V. Kunhiraman
- M. Madhavan
- State of Kerala represented by Chief Secretary to Government
- Principal Secretary to Government Tourism (A) Department
- Director, Department of Tourism Park View, Thiruvananthapuram
- Departmental Promotion Committee (Lower) represented by its Convenor, Director, Department of Tourism
- R. Ajith Kumar
- Baby Saroja E.
Legal Representation & Advocates
Counsels for Petitioners
- • A. Unnikrishnan: S.P. Aravindakshan Pillay; S.A. Anand; K.A. Balan; Peter Jose Christo; Saju John; N. Santha; V. Varghese
- • Ajith Kumar: Vakkom N. Vijayan; P. Aniyan; V. Renju
- • Baby Saroja E.: P.K. Madhusoodanan; P.M. Binoy Krishna
Counsels for Respondents
- • P. Manoharan: O.V. Radhakrishnan; K. Radhamani Amma; K.R. Ranjith
- • M.V. Kunhiraman: (advocates not separately listed in summary)
- • M. Madhavan: Antony Mukkath
- • State of Kerala: P.N. Santhosh
- • Principal Secretary to Government Tourism (A) Department: P.N. Santosh
- • Director, Department of Tourism: P.N. Santosh
- • Departmental Promotion Committee (Lower): P.N. Santosh
- • R.Ajith Kumar: S. Vijayan, etc.
- • Baby Saroja E.: S. P. Aravindakshan Pillay
Case Synopsis & Summary
Two transferred applications (T.A.) were heard together, challenging the Kerala Administrative Tribunal’s common order in T.A. Nos. 747/2012 and 4052/2012, relating to seniority and promotion of staff in the Department of Tourism and Government Guest House cadre. The petitioners—A. Unnikrishnan, Ajith Kumar, and Baby Saroja E.—contended that their earlier appointments as Information Assistants were temporary and that their lien in the cadre of UDC and seniority in the Managerial cadre should be preserved, as previously recognized in related proceedings (notably O.P. No.20331/1998). The Tribunal’s directions to preserve seniority and grant promotions predating on the basis of seniority were relied upon by the petitioners to support their case for advancement to higher posts. Respondents submitted that challenging a common Tribunal order via multiple O.P.s was not permissible, citing Linsaraji v. State of Kerala (2018) and that the relief sought had to be considered within the scope of the Tribunal’s decisions. After considering the evidence and the law, the High Court held that interference with the Tribunal’s orders was not warranted, and upheld the petitioners’ lack of entitlement to further relief. The Court noted that the parties had already retired with promotions and ordered costs to be borne by the respective parties, with no further action required under the judgment.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contended that their appointments as Information Assistants were temporary and that they retained their lien in the cadre of UDC; they relied on earlier judgments (notably O.P. No.20331/1998) recognizing seniority in the cadre, and asserted that the Tribunal’s directions to preserve seniority in the managerial cadre and to predating promotions were binding on the Government, justification for restoration of their seniority and advancement to Manager Grade-II/III as per the prior TA decisions. They argued that their rights accrued from the government’s undertakings that seniority would be preserved and that negative action against such seniority would be unlawful.
Contentions of Respondents
The respondents argued that combining challenges to multiple TA orders in a single Original Petition is impermissible, referencing Linsaraji v. State of Kerala; they asserted that the tribunal’s orders were proper and should not be interfered with. They contended that the relief sought by the petitioners for restoration of seniority in the UDC/Managerial cadres and for predating promotions was already settled by prior TA decisions, and that the petitions are an attempt to reopen settled issues after retirement. They also argued that the petitioners’ claims are not supported by legal grounds sufficient to disturb the Tribunal’s mixed orders, and that the Tribunal acted within its jurisdiction and authority in directing seniority preservation and related promotions.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Linsaraji v. State of Kerala | 2018 (1) KLT 626 | Positive | Cited to hold that challenging multiple TA orders in one OP is not permissible. |
| OP No.20331/1998 | OP 20331/1998 | Positive | Referenced as the earlier decision declaring seniority and supporting the petitioners’ contentions on seniority. |
| WA 816/2003 (OP 20331/98) | WA 816/2003 | Mentioned Only | Exhibit references to previous judgments; cited for background rather than as controlling ratio. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN**
**MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941**
## **OP(KAT).No.362 OF 2014(Z)**
**AGAINST THE ORDER IN TA NO.747/2012 DATED 17-07-2014 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER:**
**A. UNNIKRISHNAN (RETIRED DEPUTY DIRECTOR, GOVERNMENT GUEST HOUSE, THIRUVANANTHAPURAM), RESIDING AT SAI SREE, KURUMI, NEMOM P.O., THENNOOR, THIRUVANANTHAPURAM DISTRICT, PIN - 695 020.**
**BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.SAJU JOHN SMT.N.SANTHA SRI.V.VARGHESE**
## **RESPONDENTS:**
|**1**|**P. MANOHARANA**|
|---|---|
||**MANAGER GRADE-II, GUEST HOUSE, KASARAGOD, KERALA, NOW**|
||**WORKING AS DEPUTY DIRECTOR, DISTRICT OFFICE,**|
||**DEPARTMENT OF TOURISM, KASARAGOD, PIN - 671 121.**|
|**2**|**M.V.KUNHIRAMAN**|
||**MANAGER GRADE - II, GUEST HOUSE, PALAKKAD, KERALA,**|
||**NOW WORKING AS DEPUTY DIRECTOR, DISTRICT OFFICE,**|
||**DEPARTMENT OF TOURISM, THRISSUR, PIN - 680 001.**|
|**3**|**M.MADHAVAN**|
||**RETIRED MANAGER GRADE - II, GUEST HOUSE, KANNUR,**|
||**KERALA, MOOVARIKUND, PADANNAKKAD, NILESWARAM,**|
||**KANHANGAD, PIN - 671 315.**|
OP(KAT).No.362 & 381/2014 & 125/2015 2
- **4 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.**
- **5 PRINCIPAL SECRETARY TO GOVERNMENT TOURISM (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.**
- **6 DIRECTOR DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM, PIN - 695 033.**
- **7 DEPARTMENTAL PROMOTION COMMITTEE (LOWER) REPRESENTED BY ITS CONVENOR, DIRECTOR, DEPARTMENT OF TOURISM, DIRECTORATE TOURISM, PARK VIEW, THIRUVANANTHAPURAM - 33, KERALA.**
- **8 R.AJITH KUMAR MANAGER GRADE - II, GUEST HOUSE, KOLLAM, KERALA.**
- **9 BABY SAROJA E MANAGER GRADE - II, GUEST HOUSE, KOZHIKODE, KERALA.**
**R1-2 BY ADV. SRI.O.V.RADHAKRISHNAN SR. R1-2 BY ADV. SMT.K.RADHAMANI AMMA R1-2 BY ADV. SRI.K.R.RANJITH R3 BY ADV. SRI.ANTONY MUKKATH R4-7 BY SR.G.P. SRI.P.N. SANTHOSH R9 BY ADV. SRI.P.K.MADHUSOODANAN**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 17.02.2020, ALONG WITH OP(KAT).381/2014(Z), OP(KAT).125/2015(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
OP(KAT).No.362 & 381/2014 & 125/2015 3
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN**
**MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941**
**OP(KAT).No.381 OF 2014**
**AGAINST THE ORDER IN TA NO.747/2012 DATED 17-07-2014 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/6TH RESPONDENT:**
**AJITH KUMAR, AGED 57 YEARS (RETIRED DEPUTY DIRECTOR DISTRICT TOURISM OFFICE, PATHANAMTHITTA), RESIDING AT SREE SAILAM, NEAR MICRO WAVE TOWER, KADAKKAVUR, PIN 695 306.**
**BY ADVS.**
**SRI.VAKKOM N.VIJAYAN SRI.P.ANIYAN SMT.V.RENJU**
## **RESPONDENTS/PETITIONERS/RESPONDENTS 1 TO 4 AND 6 & 7:**
**1 P.MANOHARAN MANAGER GRADE -II, GUEST HOUSE, KASARGOD, KERALA, NOW WORKING AS DEPUTY DIRECTOR, DISTRICT OFFICER, DEPARTMENT OF TOURISM, KASARGOD, PIN: 671 121.**
## **2 M.V.KUNHIRAMAN**
**MANAGER GRADE-II, GUEST HOUSE, PALAKKAD, KERALA, NOW WORKING AS DEPUTY DIRECTOR, DISTRICT OFFICER, DAPARTMENT OF TOURISM, THRISSUR, PIN: 680 001.**
- **3 M.MADHAVAN**
**RETIRED MANAGER GRADE II, GUEST HOUSE KANNUR, KERALA, RESIDING AT MOOVARIKUND, PADANNAKKAD, NILESWARAM, KANHANGAD, PIN: 671 315.**
OP(KAT).No.362 & 381/2014 & 125/2015 4
**4 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN: 695 001.**
- **5 PRINCIPAL SECRETARY TO THE GOVERNMENT TOURISM (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN: 695 001.**
- **6 DIRECTOR DEPARTMENT OF TOURISM PARK VIEW, THIRUVANANTHAPURAM, PIN: 695 033.**
- **7 DEPARTMENT OF PROMOTION COMMITTEE (LOWER) REPRESENTED BY ITS CONVENOR, DIRECTOR, DEPARTMENT OF TOURISM, DIRECTORATE TOURISM PARK VIEW, THIRUVANANTHAPURAM - 33, KERALA.**
- **8 BABY SAROJA.E. MANAGING GRADE -II, GUEST HOUSE, KOZHIKODE, KERALA, RESIDING AT ANUGRAHA, KIZHAKKEPAT,PERUMANNA P.O., KOZHIKODE, PIN: 673 001.**
- **9 A.UNNIKRISHNAN**
**(RETIRED DEPUTY DIRECTOR, GOVERNMENT GUEST HOUSE, THIRUVANANTHAPURAM), NOW RESIDING AT SAI SREE, KURUMI, NEMOM P.O., THENNOOR, THIRUVANANTHAPURAM DISTRICT, PIN 695 020.**
**BY ADV. SRI.ANTONY MUKKATH BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY BY ADV. SRI.P.K.MADHUSOODANAN BY ADV. SRI.O.V.RADHAKRISHNAN SR. BY ADV. SMT.K.RADHAMANI AMMA SR.GP SRI.P.N.SANTHOSH**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 17.02.2020, ALONG WITH OP(KAT).362/2014(Z), OP(KAT).125/2015(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
OP(KAT).No.362 & 381/2014 & 125/2015 5
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN**
**MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941**
**OP(KAT).No.125 OF 2015**
**AGAINST THE ORDER IN TA NOS.747 & 4052 OF 2012 DATED 17-07-2014 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/6TH RESPONDENT:**
**SMT.BABY SAROJA.E., AGED 58 YEARS W/O.BALACHANDRAN E.T, (RETIRED DEPUTY DIRECTOR, DISTRICT OFFICE, DEPARTMENT OF TOURISM, KANNUR), RESIDING AT ANUGRAHA, KIZHAKKEPPATTU, (P.O.) PERUMANA, KOZHIKKODE-19.**
**BY ADVS. SRI.P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA**
## **RESPONDENTS/APPLICANT/RESPONDENTS 1 TO 5 AND 7 & 8:**
**1 P.MANOHARAN, MANAGER GRADE-II, GUEST HOUSE, KASARAGOD, KERALA, NOW WORKING AS DEPUTY DIRECTOR, DISTRICT OFFICE, DEPARTMENT OF TOURISM, KASARAGOD-671 121.**
## **2 M.V.KUNHIRAMAN**
**MANAGER GRADE-II, GUEST HOUSE, PALAKKAD, KERALA, NOW WORKING AS DEPUTY DIRECTOR, DISTRICT OFFICE, DEPARTMENT OF TOURISM, THRISSUR-680 001.**
- **3 M.MADHAVAN**
**RETIRED MANAGER GRADE-II, GUEST HOUSE, KANNUR, KERALA, MOOVARIKUND, PADANNAKKAD, NILESWARAM, KANHANGAD-671 315.**
OP(KAT).No.362 & 381/2014 & 125/2015 6
- **4 STATE OF KERALA**
- **REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
- **5 PRINCIPAL SECRETARY TO GOVERNMENT TOURISM (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
- **6 DIRECTOR, DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM-695 033.**
- **7 DEPARTMENTAL PROMOTION COMMITTEE (LOWER) REPRESENTED BY ITS CONVENER & DIRECTOR, DEPARTMENT OF TOURISM, DIRECTORATE TOURISM, PORT VIEW, THIRUVANANTHAPURAM-695 033.**
- **8 R.AJITHKUMAR MANAGER GRADE-II, GUEST HOUSE, ATTINGAL, KERALA, (NOW RETIRED DEPUTY DIRECTOR, DISTRICT TOURISM OFFICE), PATHANAMTHITTA, RESIDING AT SREESAILAM, NEAR MICRO WAVE TOWER, KADAKKAVUR-695 306.**
- **9 A.UNNIKRISHNAN, MANAGER GRADE-II, GUEST HOUSE, KOLLAM, KERALA, (NOW RETIRED DEPUTY DIRECTOR, GOVERNMENT GUEST HOUSE, THIRUVANANTHAPURAM), RESIDING AT SAI SREE, KURUMI, (P.O.) NEMOM, THENNOOR, THIRUVANANTHAPURAM DISTRICT-695 020.**
- **10 P.K.RAJASEKHARAN, MANAGER GRADE-III, GUEST HOUSE, ERNAKULAM (PRESENTLY UNDERGOING HOTEL ACCOMMODATION OPERATION COURSE AT 682 011, FOOD CRAFT INSTITUTE, KALAMASSERRY.)**
- **11 ADDITIONAL DIRECTOR, DEPARTMENT OF TOURISM, PARK VIEW, TRIVANDRUM-695 033.**
- **R1-3 BY ADV. SRI.ANTONY MUKKATH R4-7 BY SR.GP SRI.P.N.SANTHOSH R8 BY ADV. SRI.VAKKOM N.VIJAYAN R9 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 17.02.2020, ALONG WITH OP(KAT).362/2014(Z), OP(KAT).381/2014(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
OP(KAT).No.362 & 381/2014 & 125/2015 7
## **JUDGMENT**
## **K. Vinod Chandran, J.**
**Two Transferred Applications (T.A) by the respondents, were considered by a common order, challenged in these Original Petitions (OP). We notice that each of the respondents in the TA's have filed only one OP from the common order of the Tribunal. Two petitioners say they are concerned with only the order passed in T.A. No.747 of 2012. One petitioner submits he has challenged the common order by one O.P.**
**2. The brief facts are to be noticed and we refer the parties from the T.A's. T.A. No.4052 of 2012 was filed by the applicants claiming that they are seniors to the respondents and are enabled to seek for promotion to the post of Manager Grade-III. The applicants were denied such promotions only on the basis of their appointment as Information Assistants. The applicants claimed**
OP(KAT).No.362 & 381/2014 & 125/2015 8
**that their appointments as Information Assistants were temporary and that they retained their lien in the cadre of UDC; which was accepted by this Court in O.P. No.20331 of 1998. In such circumstances, the Tribunal directed the applicants to be given their due seniority in the cadre of UDC for considering their claim for promotion. The Government itself undertook in the reply affidavit that the seniority of the applicants will be preserved in the Managerial cadre also.**
**3. O.P. No.747 of 2012 was filed since for**
**further promotion from Manager Grade-III, the applicants were required to complete probation. The declaration of probation could not be finalised, because of having not been deputed for training. The disability arose only because of the delay in fixing their seniority, which was fixed by the earlier T.A. By the time the T.A was**
OP(KAT).No.362 & 381/2014 & 125/2015 9
**disposed of training was undertaken and the promotions were granted, but the same had to be predated in accordance with their seniority. The Tribunal found that the claim for restoration of seniority in the cadre of UDC having been granted in the other T.A and that too on the basis of the undertaking of the Government that their seniority would be preserved in the Managerial Wing, which was also recorded; the applicants seniority was liable to be preserved throughout.**
**4. We do not find any reason to interfere with the order of the Tribunal in the T.As on two grounds. The claim of the applicants before the Tribunal for seniority above the respondents had been declared in O.P. No.20331 of 1998, which was unsuccessfully challenged in a writ appeal. While the order in T.A. No.4502 of 2012 established their seniority throughout their promotions in the Managerial cadre, T.A. No.747 of 2012 established**
OP(KAT).No.362 & 381/2014 & 125/2015 10
**their right for further promotion, and predating of such promotions, based on the directions in the other T.A. In fact the relief granted in T.A. No.747 of 2012 is a direct result of the declaration of seniority in T.A. No.4052 of 2012. In such circumstances, the petitioners, who are the respondents in the T.A., cannot by challenging one order of the Tribunal, resist the claim of the applicants. OP(CAT) No.125 of 2014 challenged both the orders of the Tribunal in one OP, which is not permissible as held in** _**Linsaraji v. State of Kerala [2018 (1) KLT 626].**_ **The second ground on which the claim is to be rejected is on merits. The Tribunal was perfectly right in allowing both the claims of the applicants.**
**We hence reject all the original petitions. However, we are told that all the parties have retired from service and they have obtained their promotions and have retired from**
OP(KAT).No.362 & 381/2014 & 125/2015 11
**the highest post possible. In such circumstances, there need be no further action taken on the basis of our judgment. Parties shall suffer their respective costs.**
**Sd/-**
**K. VINOD CHANDRAN, JUDGE.**
**Sd/-**
**P.V. KUNHIKRISHNAN, JUDGE.**
**sp/18/02/2020**
**//True Copy//**
**P.A. To Judge**
OP(KAT).No.362 & 381/2014 & 125/2015 12
## **APPENDIX OF OP(KAT) 362/2014**
## **PETITIONER'S/S EXHIBITS:**
|**ANNEXURE A1**|**TRUE COPY OF THE T.A.NO.4052/2012 (W.P.C**|
|---|---|
||**NO.37222/2003).**|
|**ANNEXURE A2**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY**|
||**THE**<br>**RESPONDENTS**<br>**3**<br>**AND**<br>**4**<br>**IN**|
||**T.A.NO.4052/2012.**|
|**ANNEXURE A3**|**TRUE COPY OF THE REPLY AFFIDAVIT OF THE**|
||**PETITIONERS IN T.A.4052/2012.**|
|**ANNEXURE A4**|**TRUE COPY OF T.A.NO.747/2012 (WP(C)**|
||**NO.13168/2006).**|
|**ANNEXURE A5**|**TRUE COPY OF THE COUNTER AFFIDAVIT /FILED**|
||**ON BEHALF OF IST RESPONDENT IN WP-P.C**|
|**ANNEXURE A6**|**TRUE COPY OF THE REPL/Y AFFIDAVIT OF THE**|
||**PETITIONERS IN WP(C) -P**|
|**ANNEXURE A7**|**TRUE COPY OF THE ADDITIONAL REPLY AFFIDAVIT**|
||**OF THE PETITIONERS IN WPC 13168/2006-P.**|
|**ANNEXURE A8**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON**|
||**BEHALF OF THE THIRD RESPONDENT IN T-**|
||**747/2012 (WPC NO.13168/2006).**|
|**ANNEXURE A9**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY**|
||**THE 7TH RESPONDENT IN TA-747/2012 (WP(C)**|
||**NO.13168/2006).**|
|**ANNEXURE A10**|**TRUE COPY OF THE ORDER DATED 17.7.2014 IN**|
||**T.A.NOS.747 & 4052 OF 2012 OF THE HON'BLE**|
||**KERALA ADMINISTRATIVE TRIBUNAL.**|
|**EXHIBIT P1**|**TRUE COPY OF THE PROVISIONAL SENIORITY LIST**|
||**OF U.D.CLERKS AS ON 1.12.1996 OF THE 3RD**|
||**RESPONDENT.**|
|**EXHIBIT P2**|**TRUE COPY OF THE JUDGMENT IN OP NO.20331 OF**|
||**1998 DATED 27.2.2003 OF THIS HON'BLE COURT.**|
OP(KAT).No.362 & 381/2014 & 125/2015 13
## **EXHIBIT P3**
**TRUE COPY OF THE JUDGMENT IN W.A.NO.816 OF 2003 IN OP NO.20331/98 DATED 3.6.2003 OF THIS HON'BLE COURT.**
**EXHIBIT P4**
- **TRUE COPY OF THE SELECT LIST OF MANAGER GRADE-I AND SENIOR SUPERINTENDENT PUBLISHED IN KERALA GAZETTE DATED JUNE 17, 2003 18NOTIFICATION NO.E1-4443/2003 DATED 24.5.2003.**
- **EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS ORDER NO.E310050/2003 DATED 17.7.2003 OF THE ADDITIONAL DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.**
- **EXHIBIT P6 TRUE COPY OF THE ORDER E1-7655/2003 DATED 4.9.2003 ALONG WITH THE FINAL SENIORITY LIST MANAGER GRADE-III, II AND I OF THE 3RD RESPONDENT.**
- **EXHIBIT P7 TRUE COPY OF THE ORDER NO.E1/7655/03 DATED 5.9.2003 OF THE 3RD RESPONDENT.**
- **EXHIBIT P8 TRUE COPY OF THE ORDER NO.E1/6007/03 DATED 12.9.2003 OF THE 3RD RESPONDENT.**
- **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 18.9.2003 IN CCC NO.942 OF 2003 IN O.P.NO.20331/98 OF THIS HON'BLE COURT.**
- **EXHIBIT P10 PHOTOCOPY OF THE ORDER NO.E3-10050/2003 DATED 7.7.2004 OF THE 3RD RESPONDENT PRODUCED IN THE REPLY AFFIDVIT IN WPC NO.37222/03.**
- **EXHIBIT P11 PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/9 DATED 3.1.2006 ISSUED TO THE IST PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P11(A) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10 DATED 3.1.2006 ISSUED TO THE 2ND PETITIONER FO THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
OP(KAT).No.362 & 381/2014 & 125/2015 14
**EXHIBIT P11(B) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/11 DATED 3.1.2006 ISSUED TO THE 3RD PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY. EXHIBIT P12 PHOTOCOPY OF THE ORDER NO.E1.7655/2003 DATED 5.9.2003 OF THE 3RD RESPONDENT. EXHIBIT P13 PHOTOCOPY OF THE REPRESENTATION DATED 5.1.2006 OF THE IST PETITIONER. EXHIBIT P13(A) PHOTOCOPY OF THE REPRESENTATION DATED 13.12.2005 OF THE 2ND PETITIONER. EXHIBIT P13(B) PHOTOCOPY OF THE REPRESENTATION DATED 5.1.2016 OF THE 3RD PETITIONER. EXHIBIT P1 TRUE COPY OF THE ORDER NO.E2-13167/97 DATED 19.8.1999 OF THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.K.DIS.E15100/92/DTD DATED 31.12.99 OF THE 3RD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF THE ORDER NO.53169/TA1/98/GAD DATED 3.10.98 OF THE IST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF UD CLERKS AS ON 1.12.1996 (THIS LIST SUPERSEDES THE LIST AS ON 15.12.1996). EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN OP NO.20331/98 DATED 27.2.2003 OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WA NO.816/2013 DATED 3.6.2013 OF THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE SELECT LIST OF MANAGER GRRADE-I AND SENIOR SUPERINTENDENT PUBLISHED IN THE KERALA GAZETTE DATED JUNE 17, 2003 PUBLISHED AS PER NOTIFICATION NO.E1-4443/2003 DATED 24.5.2003. EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS ORDER NO.E310050/2003 DATED 17.7.2003 OF THE ADDITIONAL DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.**
OP(KAT).No.362 & 381/2014 & 125/2015 15
**EXHIBIT P9 TRUE COPY OF THE ORDER NO.E1-7655/2003 DATED 4.9.2003 ALONG WITH THE FINAL SENIORITY LIST OF MANAGER GRADE-III, II AND I OF THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE ORDER NO.E1-7655/2003 DATED 5.9.2003 OF THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF THE ORDER NO.E1.7655/2003 DATED 5.9.2003 OF THE 3RD RESPONDENT. EXHIBIT P12 TRUE COPY OF THE ORDER NO.E1.6007/03 DATED 12.9.2003 OF THE 3RD RESPONDENT. EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 18.9.2003 IN CCC NO.942/2003 IN O.P.NO.20331/98 OF THIS HON'BLE COURT. EXHIBIT P14 PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/9 DATED 3.1.2006 ISSUED TO THE IST PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY. EXHIBIT P4(A) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10 DATED 3.1.2006 ISSUED TO THE 2ND PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY. EXHIBIT P14(A) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10 DATED 3.1.2006 ISSUED TO THE 2ND PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY. EXHIBIT P14(B) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/11 DATED 3.1.2006 ISSUED TO THE 3RD PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY. EXHIBIT P15 PHOTOCOPY OF THE REPRESENTATION DATED 5.1.2006 OF THE IST PETITIONER. EXHIBIT P15(A) PHOTOCOPY OF THE REPRESENTATION DATED 13.12.2005 OF THE 2ND PETITIONER. EXHIBIT P15(B) PHOTOCOPY OF THE REPRESENTATION DATED 5.1.2006 OF THE 3RD PETITIONER.**
OP(KAT).No.362 & 381/2014 & 125/2015 16
**EXHIBIT P16 PHOTOCOPY OF THE ORDER IN IA NO.2147/06 IN WPC NO.37222/03 DATED 16.2.2006 OF THIS HON'BLE COURT. EXHIBIT P17 PHOTOCOPY OF THE ORDER NO.20751/A1/05/TSM DATED 16.2.06 OF THE 3RD RESPONDENT. EXHIBIT P18 PHOTOCOPY OF THE ORDER NO.E1/4776/2005 DATED 27.3.2006 OF THE 3RD RESPONDENT. EXHIBIT P19 PHOTOCOPY OF THE ORDER NO.E1/4776/2005 DATED 28.3.2006 OF THE 3RD RESPONDENT. EXHIBIT P20 PHOTOCOPY OF THE ORDER NO.E1/7866/05 DATED 10.8.2005 OF THE 3RD RESPONDENT. EXHIBIT P21 PHOTOCOPY OF THE SELECT LIST PUBLISHED AS PER NOTIFICATION NO.E1-20476/2005 DATED 16.5.2006 PUBLISHED KERALA GAZETTE DATED 17.5.2006. EXHIBIT P22 PHOTOCOPY OF THE ORDER NO.E1/7866/2005 DATED 16.5.2006 OF THE 3RD RESPONDENT. EXHIBIT P23 PHOTOCOPY OF THE ORDER NO.E1/6513/2006 DATED 20.5.2006 OF THE 3RD RESPONDENT. EXHIBIT P24 PHOTOCOPY OF THE SELECT LIST PUBLISHED AS PER NOTIFICATION NO.E1-8398/06(III) DATED 1.3.2007 OF THE 2ND RESPONDENT. EXHIBIT P25 HOTOCOPY OF THE ORDER NO.E1// DATED OF THE 3RD RESPONDENT. EXHIBIT P26 TRUE COPY OF THE REPRESENTATION DATED 10.10.2007 OF THE 2ND PETITIONER. EXHIBIT P27 TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF MANAGER GRADE-I AS ON 1.11.2007 ALONG WITH THE ORDER NO.F1.16466/07 DATED 26.11.2007 OF THE 3RD RESPONDENT. EXHIBIT P28 TRUE COPY OF THE OBJECTION DATED 7.12.2007 FILED BY THE IST PETITIONER.**
OP(KAT).No.362 & 381/2014 & 125/2015 17
**EXHIBIT P28(A)**
**EXHIBIT P29**
**EXHIBIT P29(A)**
**EXHIBIT P30**
**EXHIBIT P31**
**EXHIBIT P32**
**TRUE COPY OF THE OBJECTION DATED 7.12.2007 FILED BY THE 2ND PETITIONER.**
**TRUE COPY OF THE MEMO NO.E1-16466/2007(I) DATED 14.1.2008 OF THE 3RD RESPONDENT.**
**TRUE COPY OF THE MEMO NO.E1-16466/2007(II) DATED 14.1.2008 OF THE 3RD RESPONDENT.**
**TRUE COPY OF THE FINAL SENIORITY LIST OF MANAGER GRADE-I AS ON 1.11.2007 ALONG WITH THE ORDER NO.E1.16466/07 DATED 14.1.2008 OF THE 3RD RESPONDENT.**
**TRUE COPY OF THE G.O.(RT) NO.4358/2008/TSM DATED 24.5.2008 OF THE IST RESPONDENT.**
**TRUE COPY OF THE LETTER NO.89286/A1/07/TSM DATED 27.5.2008 OF THE IST RESPONDENT.**
OP(KAT).No.362 & 381/2014 & 125/2015 18
## **APPENDIX OF OP(KAT) 381/2014**
## **PETITIONER'S/S EXHIBITS:**
|**ANNEXURE A1**|**TRUE COPY OF THE T A NO.40521/2012**|
|---|---|
||**(WP(C)NO.37222/2003).**|
|**ANNEXURE A2**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY**|
||**THE RESPONDENT 3 AND 4 IN TA.NO.4052 .2012**|
|**ANNEXURE A3**|**TRUE COPY OF THE REPLY AFFIDAVIT OF THE**|
||**PETITIONERS IN TA NO .4053/2012**|
|**ANNEXURE A4**|**TRUE COPY OF THE T.A.NO.747/2012 (WPC**|
||**NO.13168/2006)**|
|**ANNEXURE A5**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON**|
||**BEHALF OF THE 1ST RESPONDENT IN**|
||**WP(C)13168/2006-P.**|
|**ANNEXURE A6**|**TRUE COPY OF THE REPLY AFFIDAVIT OF THE**|
||**PETITIONER IN WP(C)13168/2006-P.**|
|**ANNEXURE A7**|**TRUE COPY OF THE ADDITIONAL REPLY AFFIDAVIT**|
||**OF THE PETITIONERS IN WP(C)13168/2006-P.**|
|**ANNEXURE A8**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON**|
||**BEHALF OF THE THIRD RESPONDENT IN TA-**|
||**747/2012(WP(C)NO.13168/2006).**|
|**ANNEXURE A9**|**TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY**|
||**THE**<br>**7TH**<br>**RESPONDENT**<br>**IN**<br>**TA-**|
||**747/2012(WP(C)13168/2006).**|
|**ANNEXURE A10**|**TRUE COPY OF THE ORDER DATED 17.07.2014 IN**|
||**TA NO.747/2012 OF THE HON'BLE KERALA**|
||**ADMINISTRATIVE TRIBUNAL.**|
|**ANNEXURE A11**|**TRUE COPY OF THE PROCEEDINGS NO.E3**|
||**8608/2006 DATED 13.03.2015 OF THE 6TH**|
||**RESPONDENT.**|
|**ANNEXURE A12**|**TRUE COPY OF THE JUDGMENT DATED 09.07.2009**|
||**IN W.A.NO.244/2008.**|
OP(KAT).No.362 & 381/2014 & 125/2015 19
|**EXHIBIT P1**|**TRUE COPY OF THE PROVISIONAL SENIORITY LIST**|
|---|---|
||**OF U.D.CLERK AS ON 1-12-1996 OF THE 3RD**|
||**RESPONDENT**|
|**EXHIBIT P2**|**TRUE COPY OF THE JUDGMENT IN OP**|
||**NO.20331/1998 DATED 27.2.2003 OF THIS**|
||**HON'BLE COURT.**|
|**EXHIBIT P3**|**TRUE COPY OF THE JUDGMENT IN W.A.NO.816 OF**|
||**2003 IN OP.NO.20331/98 DATED 3.9.2003 OF**|
||**THIS HON'BLE COURT.**|
|**EXHIBIT P4**|**TRUE COPY OF THE SELECT LIST OF MANAGER**|
||**GRADE-1 AND SENIOR SUPERINTENDENT PUBLISHED**|
||**IN**<br>**KERALA**<br>**GAZETTE**<br>**DATED**<br>**JUNE**|
||**17,2003,NOTIFICATION NO.E1-4443/2003 DATED**|
||**24.5.2003.**|
|**EXHIBIT P5**|**TRUE COPY OF THE PROCEEDINGS-ORDER NO.E3-**|
||**10050/2003 DATED 17.7.2003 OF THE**|
||**ADDITIONAL**<br>**DIRECTOR,DEPARTMENT**<br>**OF**|
||**TOURISM,THIRUVANANTHAPURAM**|
|**EXHIBIT P6**|**TRUE COPY OF THE ORDER E1-7655/2003 DATED**|
||**4.9.2003 ALONG WITH THE FINAL SENIORITY**|
||**LIST MANAGER GRADE-III,II AND I OF THE 3RD**|
||**RESPONDENT**|
|**EXHIBIT P7**|**TRUE COPY OF THE ORDER NO.E1/7655/03 DATED**|
||**5.9.2003 OF THE 3RD RESPONDENT**|
|**EXHIBIT P8**|**TRUE COPY OF THE ORDER NO.E1/6007/03 DATED**|
||**12.9.2003 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P9**|**TRUE COPY OF THE JUDGMENT DATED 18.9.2003**|
||**IN CCC.NO.942 OF 2003 IN OP NO.20331/98 OF**|
||**THIS HON'BLE COURT.**|
|**EXHIBIT P10**|**PHOTOCOPY OF THE ORDER NO.E3-10050/2003**|
||**DATED 7.7.2004 OF THE 3RD RESPONDENT**|
||**PRODUCED IN THE REPLY AFFIDAVIT IN**|
||**WP(C)NO.37222/03.**|
|**EXHIBIT P11**|**PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10**|
||**DATED 3.1.2006 ISSUED TO THE 1ST PETITIONER**|
||**OF THE PRINCIPAL FOOD CRAFT INSTITUTE,**|
||**KALAMASSERY.**|
OP(KAT).No.362 & 381/2014 & 125/2015 20
|**EXHIBIT P11(A)**|**PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10**|**PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10**|
|---|---|---|
||**DATED 3.1.2006 ISSUED TO THE 2ND PETITIONER**||
||**OF**<br>**THE**<br>**PRINCIPAL**<br>**FOOD**|**CRAFT**|
||**INSTITUTE,KALAMASSERY.**||
|**EXHIBIT P11(B)**|**PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10**||
||**DATED 3.1.2006 ISSUED TO THE 2ND PETITIONER**||
||**OF**<br>**THE**<br>**PRINCIPAL**<br>**FOOD**|**CRAFT**|
||**INSTITUTE,KALAMASSERY.**||
|**EXHIBIT P12**|**PHOTOCOPY OF THE ORDER NO.E1.7655/2003**||
||**DATED 5.9.2003 OF THE 3RD RESPONDENT**||
|**EXHIBIT P13**|**PHOTOCOPY OF THE REPRESENTATION **|**DATED**|
||**5.1.2006 OF THE 1ST PETITIONER**||
|**EXHIBIT P13(A)**|**PHOTOCOPY OF THE REPRESENTATION **|**DATED**|
||**5.1.2006 OF THE 2ND PETITIONER.**||
|**EXHIBIT P13(B)**|**PHOTOCOPY OF THE REPRESENTATION **|**DATED**|
||**5.1.2006 OF THE 3RD PETITIONER.**||
|**EXHIBIT P1**|**TRUE COPY OF THE ORDER NO.E2-13167/97**|**DATED**|
||**19.08.1999 OF THE 3RD RESPONDENT.**||
|**EXHIBIT P2**|**TRUE COPY OF THE ORDER NO.K.DIS.E1-**||
||**5100/92/DTD DATED 31.12.1999 OF THE 3RD**||
||**RESPONDENT.**||
|**EXHIBIT P3**|**PHOTOCOPY OF THE ORDER NO.53139/TAQ/98/GAD**||
||**DATED 03.10.1998 OF THE 1ST RESPONDENT.**||
|**EXHIBIT P4**|**TRUE COPY OF THE PROVISIONAL SENIORITY**|**LIST**|
||**OF UD CLERKS AS ON 01.12.1996 (THE**|**LIST**|
||**SUPERSEDED THE LIST AS ON 15.12.1996).**||
|**EXHIBIT P5**|**TRUE COPY OF THE JUDGMENT IN **|**OP.**|
||**NO.20331/98 DATED 27.02.2003 OF **|**THIS**|
||**HON'BLE COURT.**||
|**EXHIBIT P6**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**JUDGMENT**|**IN**|
||**W.A.NO.816/2013 DATED 03.06.2003 OF**|**THIS**|
||**HON'BLE COURT.**||
OP(KAT).No.362 & 381/2014 & 125/2015 21
- **EXHIBIT P7 TRUE COPY OF THE SELECT LIST OF MANAGER GRADE-I AND SENIOR SUPERINTENDENT PUBLISHED IN THE KERALA GAZETTE DATED JUNE 17, 2003, PUBLISHED AS PER NOTIFICATION NO.E14443/2003 DATED 24.05.2003.**
- **EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS ORDER NO.E310050/2003 17.07.2003 OF THE ADDITIONAL DIRECTOR DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.**
- **EXHIBIT P9 TRUE COPY OF THE ORDER NO.E1-7655/2003 DATED 04.09.2003 ALONG WITH THE FINAL SENIORITY LIST OF MANAGER GRADE-III, II AND I OF THE 3RD RESPONDENT.**
- **EXHIBIT P10 TRUE COPY OF THE ORDER NO.E1-7655/2003 DATED 05.09.2003 OF THE 3RD RESPONDENT.**
- **EXHIBIT P11 TRUE COPY OF THE ORDER NO.E1-7655/2003 DATED 05.09.2003 OF THE 3RD RESPONDENT.**
- **EXHIBIT P12 TRUE COPY OF THE ORDER NO.E1 6007/03 DATED 12.09.2003 OF THE 3RD RESPONDENT.**
- **EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 18.09.2003 IN CCC.NO.942/2003 IN O.P.NO.20331/98 OF THIS HON'BLE COURT.**
- **EXHIBIT P14 PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/9 DATED 03.01.2006 ISSUED TO THE 1ST PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P14(A) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/10 DATED 03.01.2006 ISSUED TO THE 2ND PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P14(B) PHOTOCOPY OF THE CERTIFICATE NO.C-2/2006/11 DATED 03.01.2006 ISSUED TO THE 3RD PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P15 PHOTOCOPY OF THE REPRESENTATION DATED 05.01.2006 OF THE 1ST PETITIONER.**
OP(KAT).No.362 & 381/2014 & 125/2015 22
|**EXHIBIT P15(A)**|**PHOTOCOPY OF THE REPRESENTATION DATED**|
|---|---|
||**13.02.2005 OF THE 2ND PETITIONER.**|
|**EXHIBIT P15(B)**|**PHOTOCOPY OF THE REPRESENTATION DATED**|
||**05.01.2006 OF THE 3RD PETITIONER.**|
|**EXHIBIT P16**|**PHOTOCOPY OF THE ORDER IN I.A.NO.2147/06 IN**|
||**WP(C)NO.37222/93 DATED 16.02.2006 OF THIS**|
||**HON'BLE COURT.**|
|**EXHIBIT P17**|**PHOTOCOPY OF THE ORDER NO.20752/A1/05/TSM**|
||**DATED 16.02.2006 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P18**|**PHOTOCOPY OF THE ORDER NO.E1/4776/2005**|
||**DATED 27.03.2006 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P19**|**PHOTOCOPY OF THE ORDER NO.E1.4776/2005**|
||**DATED 28.03.2006 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P20**|**PHOTOCOPY OF THE ORDER NO.E1/7866/05 DATED**|
||**10.08.2005 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P21**|**PHOTOCOPY OF THE SELECT LIST PUBLISHED AS**|
||**PER NOTIFICATION NO.E1-20476/2005 DATED**|
||**16.05.2006 PUBLISHED IN KERALA GAZETTE**|
||**DATED 17.05.2006.**|
|**EXHIBIT P22**|**PHOTOCOPY OF THE ORDER NO.E1/7866/2005**|
||**DATED 16.05.2006 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P23**|**PHOTOCOPY OF THE ORDER NO.E1/6513/2006**|
||**DATED 20.05.2006 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P24**|**PHOTOCOPY OF THE SELECT LIST PUBLISHED AS**|
||**PER NOTIFICATION NO.E1-8398/06(III) DATED**|
||**01.03.2007 OF THE 2ND RESPONDENT.**|
|**EXHIBIT P25**|**PHOTOCOPY OF THE ORDER NO.E1/6513/2006**|
||**DATED 17.03.2006 OF THE 3RD RESPONDENT.**|
|**EXHIBIT P26**|**TRUE COPY OF THE REPRESENTATION DATED**|
||**10.10.2007 OF THE 2ND PETITIONER.**|
|**EXHIBIT P27**|**TRUE COPY OF THE PROVISIONAL SENIORITY LIST**|
||**OF MANAGER GRADE-1 AS ON 01.11.2007 ALONG**|
||**WITH THE ORDER NO.F1.16466/07 DATED**|
||**26.11.2007 OF THE 3RD RESPONDENT.**|
OP(KAT).No.362 & 381/2014 & 125/2015 23
**EXHIBIT P28**
**TRUE COPY OF THE OBJECTION DATED 07.12.2007 FILED BY THE 1ST PETITIONER.**
**EXHIBIT P28(A) TRUE COPY OF THE OBJECTION DATED 07.12.2007 FILED BY THE 2ND PETITIONER. EXHIBIT P29 TRUE COPY OF THE MEMO NO.E1-16466/2007(I) DATED 14.01.2008 OF THE 3RD RESPONDENT. EXHIBIT P29(A) TRUE COPY OF THE MEMO DATED 14.01.2008 OF THE 3RD RESPONDENT.**
**EXHIBIT P30 TRUE COPY OF THE FINAL SENIORITY LIST OF MANAGER GRADE-I AS ON 01.11.2007 ALONG WITH THE ORDER NO.E1.16466/07 DATED 14.01.2008 OF THE 3RD RESPONDENT.**
**EXHIBIT P31 TRUE COPY OF THE GO(RT)NO.4358/2008/TSM DATED 24.05.2008 OF THE 1ST RESPONDENT. EXHIBIT P32 TRUE COPY OF THE LETTER NO.89286/A1/07/TSM DATED 27.05.2008 OF THE 1ST RESPONDENT.**
OP(KAT).No.362 & 381/2014 & 125/2015 24
## **APPENDIX OF OP(KAT) 125/2015**
## **PETITIONER'S/S EXHIBITS:**
**ANNEXURE A1 TRUE COPY OF THE T.A. NO.4052/2012 (WP(C) NO.37222/2003) FILED BEFORE THE K.A.T. ANNEXURE A2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENTS 3 AND 4 IN WPC NO.37222/2003. ANNEXURE A3 TRUE COPY OF THE REPLY AFFIDAVIT FILED BEHALF OF THE PETITIONERS BY THE 1ST PETITIONER IN WPC NO.37222/2003 AGAINST ANNEXURE A2. ANNEXURE A4 TRUE COPY OF WPC NO.13168/2006 (TA NO.747/2012) ANNX.A4- EXT. P1. COPY OF THE ORDER NO.E2-13167/97 DATED 19.8.99 OF THE 3RD RESPONDENT. ANNX.A4- EXT. P2 COPY OF THE ORDER NO.K.DIS.E1-5100/92/DTD 31.12.99 OF THE 3RD RESPONDENT. ANNX.A4-EXT.P3 COPY OF THE ORDER NO.53139/TA1/98/GAD DATED 3/10/98 OF THE IST RESPONDENT. ANNX.A4-EXT.P4 COPY OF THE PROVISIONAL SENIORITY LIST OF UD CLERKS AS ON 1.12.96 (THIS LIST SUPERSEDES THE LIST AS ON 15.12.96) ANNX.A4-EXT.P5 COPY OF THE JUDGMENT IN OP 20331 OF 98 DATED 27.02.03 OF THIS HONOURABLE COURT. ANNX.A4-EXT.P6 COPY OF THE JUDGMENT IN WA 816/03 DATED 03.06.03 OF THIS HONOURABLE COURT. ANNX.A4-EXT.P7 COPY OF THE SELECT LIST OF MANAGER GRADE I AND SENIOR SUPERINTENDENT PUBLISHED IN THE KERALA GAZETTE DATED JUNE 17, 2003 PUBLISHED AS PER NOTIFICATION NO.E1/4443/2003 DATED 24.05.03.**
OP(KAT).No.362 & 381/2014 & 125/2015 25
**ANNX.A4-EXT.P8**
**COPY OF THE PROCEEDINGS ORDER NO.E310050/2003 DATED 17.07.03 OF THE ADDITIONAL DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.**
**ANNX. A4-EXT.P9 COPY OF THE ORDER E1-7655/2003 DATED 04.09.03 ALONG WITH FINAL SENIORITY LIST OF MANAGER GRADE III, AND I OF THE 3RD RESPONDENT.**
**ANNX. A4-EXT.P10 COPY OF THE ORDER E1.7655/2003 DATED 5.9.03 OF THE 3RD RESPONDENT.**
**ANNX. A4-EXT.P11 COPY OF THE ORDER E1.7655/2003 DATED 5.9.03 OF THE 3RD RESPONDENT.**
**ANNX. A4-EXT.P12 COPY OF THE ORDER E1.6007/2003 DATED 12.9.03 OF THE 3RD RESPONDENT.**
**ANNX. A4-EXT. P13**
**COPY OF THE JUDGMENT DATED 18.0-9.03 IN CCC 942/03 IN OP 20331/98 OF THIS HONOURABLE COURT.**
**ANNX. A4-EXT. P14 COPY OF THE CERTIFICATE NO.C2/2006/9 DATED 03.01.06 ISSUED TO THE IST PETITIONER OF THE PRINCIPAL, GOOD CRAFT INSTITUTE, KALAMASSERY.**
**ANNX. A4-EXT. P14(A) COPY OF THE CERTIFICATE NO.C2/2006/10 DATED 03.01.06 ISSUED TO THE 2ND PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
**ANNX. A4-EXT. P14(B) COPY OF THE CERTIFICATE NO.C2/2006/11 DATED 03.01.06 ISSUED TO THE 3RD PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
**ANNX. A4-EXT. P15 COPY OF THE REPRESENTATION DATED 05.01.06 OF THE IST PETITIONER.**
**ANNX. A4-EXT. P15(A) COPY OF THE REPRESENTATION DATED 13.12.05 OF THE 2ND PETITIONER**
**ANNX. A4-EXT. P15(B) COPY OF THE REPRESENTATION DATED 05.01.06 OF THE 3RD PETITIONER.**
OP(KAT).No.362 & 381/2014 & 125/2015 26
**ANNX. A4-EXT. P16 COPY OF THE ORDER IN IA 2147/06 IN WPC 37222/03 DATED 16.2.06 OF THIS HONOURABLE COURT. ANN. A4-EXT.P17 COPY OF THE ORDER NO.20751/A1/05/TSM DATED 16.2.06 OF THE IST RESPONDENT. ANN. A4-EXT.P18 COPY OF THE ORDER NO.E1/4776/2005 DATED 27.03.06 OF THE 3RD RESPONDENT. ANN. A4-EXT.P19 COPY OF THE ORDER NO.E1/4776/2005 DATED 28.03.06 OF THE 3RD RESPONDENT. ANN. A4-EXT.P20 COPY OF THE ORDER NO.E1/7866/05 DATED 10.08.05 OF THE 3RD RESPONDENT. ANN. A4-EXT.P21 COPY OF THE SELECT LIST PUBLISHED AS PER NOTIFICATION NO.E1-20476/2005 DATED 16.5.06 PUBLISHED KERALA GAZETTE DATED 17.5.06. ANN. A4-EXT.P22 COPY OF THE ORDER NO.E1/7866/2005 DATED 16.05.06 OF THE 3RD RESPONDENT. ANN. A4-EXT.P23 COPY OF THE ORDER NO.E1/6513/2006 DATED 20.05.06 OF THE 3RD RESPONDENT. ANN. A4-EXT.P24 COPY OF THE SELECT LIST PUBLISHED AS PER NOTIFICATION NO.E1.8398/06(III) DATED 01.03.07 OF 2ND RESPONDENT. ANN. A4-EXT.P25 COPY OF THE ORDER NO.E1-6513/06 DATED 17.03.07 OF THE 3RD RESPONDENT. ANNEXURE A5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT. ANNEXURE A6 TRUE COPY OF THE REPLY AFFIDAVIT IN WPC NO.13168/2006. ANNEXURE A7 TRUE COPY OF THE ADDITIONAL REPLY AFFIDAVIT IN WPC NO.13168/2006. ANNEXURE A8 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE DIRECTOR, DEPARTMENT OF TOURISM.**
OP(KAT).No.362 & 381/2014 & 125/2015 27
|**ANNEXURE A9**|**TRUE COPY OF THE ORDER DATED 07/05/1987**|
|---|---|
||**ISSUED BY THE DISTRICT COLLECTOR,**|
||**KASARAGOD.**|
|**ANNEXURE A10**|**TRUE COPY OF THE ORDER DATED 24/07/2002 OF**|
||**THE 6TH RESPONDENT.**|
|**ANNEXURE A11**|**TRUE COPY OF THE ORDER NO.E2-14098/2004**|
||**DATED 30/10/2004.**|
|**ANNEXURE A12**|**TRUE COPY OF THE CERTIFICATE ISSUED TO THE**|
||**PETITIONER TO THE DEPARTMENT OF TECHNICAL**|
||**EDUCATION.**|
|**ANNEXURE A13**|**TRUE COPY OF THE ORDER NO.E1-1097/2007**|
||**DATED 10/07/2007 ISSUED BY THE 6TH**|
||**RESPONDENT.**|
|**ANNEXURE A14**|**TRUE COPY OF THE GO(RT) NO.4358/2008/TSM,**|
||**DATED 24/05/2008.**|
|**ANNEXURE A15**|**TRUE COPY OF THE GO(RT) NO.3632/2009/TSM**|
||**DATED 25/05/2009.**|
|**ANNEXURE A16**|**TRUE COPY OF THE GO(RT) NO.7900/2010/TSM,**|
||**DATED 22/10/2010.**|
|**ANNEXURE A17**|**TRUE COPY OF THE REPRESENTATION SUBMITTED**|
||**BY THE PETITIONER THROUGH PROPER CHANNEL,**|
||**BEFORE 4TH RESPONDENT IN JANUARY, 2006.**|
|**ANNEXURE A18**|**TRUE COPY OF THE ORDER DATED 17/07/2014 IN**|
||**TA NO.747/2012 AND IA 4052/2012.**|
|**EXHIBIT P1**|**COPY OF THE PROVISIONAL SENIORITY LIST OF**|
||**U.D CLERKS AS ON 01.12.96 OF THE 3RD**|
||**RESPONDENT.**|
|**EXHIBIT P2**|**COPY OF THE JUDGMENT IN OP 20331 OF 1998**|
||**DATED 27.02.2003 OF THIS HONOURABLE COURT.**|
|**EXHIBIT P3**|**COPY OF THE JUDGMENT IN WA 816 OF 2003 IN**|
||**OP 20331/98 DATED 03.06.03 OF THIS**|
||**HONOURABLE COURT.**|
OP(KAT).No.362 & 381/2014 & 125/2015 28
- **EXHIBIT P4 COPY OF THE SELECT LIST OF MANAGER GRADE I AND SENIOR SUPERINTENDENT PUBLISHED IN THE KERALA GAZETTE DATED JUNE 17, 2003 18NOTIFICATION NO.E1-4443/2003 DATED 24.05.03.**
- **EXHIBIT P5 COPY OF THE PROCEEDINGS ORDER NO.E3 10050/2003 DATED 17.07.2003 OF THE ADDITIONAL DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM.**
- **EXHIBIT P6 COPY OF THE ORDER E1-7655/2003 DATED 04.09.03 ALONG WITH THE FINAL SENIORITY LIST OF MANAGER GRADE III, AND I OF THE 3RD RESPONDENT.**
- **EXHIBIT P7 COPY OF THE ORDER NO.E1/7655/03 DATED 05.09.03 OF THE 3RD RESPONDENT.**
- **EXHIBIT P8 COPY OF THE ORDER NO.E1/6007/03 DATED 12.09.03 OF THE 3RD RESPONDENT.**
- **EXHIBIT P9 COPY OF JUDGMENT DATED 18.09.03 IN CCC 942/03 IN OP 20331/98 OF THIS HONOURABLE COURT.**
- **EXHIBIT P10 COPY OF THE ORDER NO.E3-10050/2003 DATED 7.7.04 OF THE 3RD RESPONDENT IN THE REPLY AFFIDAVIT IN WPC 37222/03.**
- **EXHIBIT P11 COPY OF THE CERTIFICATE NO.C-2/2006/9 DATED 03.01.06 ISSUED TO THE IST PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P11 A COPY OF THE CERTIFICATE NO.C/2/2006/10 DATED 03.01.06 ISSUED TO THE 2ND PETITIONER OF THE PRINCIPAL FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P11 B COPY OF THE CERTIFICATE NO.C/2/2006/11 DATED 3.1.06 ISSUED TO THE 3RD PETITIONER OF THE PRINCIPAL, FOOD CRAFT INSTITUTE, KALAMASSERY.**
- **EXHIBIT P12 COPY OF THE ORDER NO.E1.7655/2003 DATED 5.9.03 OF THE 3RD RESPONDENT.**
OP(KAT).No.362 & 381/2014 & 125/2015 29
## **EXHIBIT P13**
**COPY OF THE REPRESENTATION DATED 5.1.06 OF THE IST PETITIONER.**
**EXHIBIT P13 A COPY OF THE REPRESENTATION DATED 13/12/2006 OF THE 2ND PETITIONER. EXHIBIT P13 B COPY OF THE REPRESENTATION DATED 5.1.06 OF THE 3RD PETITIONER.**
**EXHIBIT P27 COPY OF THE PROVISIONAL SENIORITY LIST OF MANAGER GRADE I AS ON 1.11.07 ALONG WITH THE ORDER NO.F1/16466/07 DATED 26.11.07 OF THE 3RD RESPONDENT.**
**EXHIBIT P28 COPY OF THE OBJECTION DATED 07.12.07 FILED BY THE IST PETITIONER. EXHIBIT P28(A) COPY OF THE OBJECTION DATED 07.12.07 FILED BY THE 2ND PETITIONER. EXHIBIT P29 COPY OF THE MEMO NO.E1-16466/2007(I)DATED 14.01.08 OF THE 3RD RESPONDENT. EXHIBIT P26 COPY OF THE REPRESENTATION DATED 10.10.07 OF THE 2ND PETITIONER. EXHIBIT P29(A) COPY OF THE MEMO NO.E1-6466/2007(II)DATED 14.01.08 OF THE 3RD RESPONDENT EXHIBIT P30 COPY OF THE FINAL SENIORITY LIST OF MANAGER GRADE 1 AS 0N 1.11.07 ALONG WITH THE ORDER NO.E1-16466/07 DATED 14.01.08 OF THE 3RD RESPONDENT. EXHIBIT P31 COPY OF THE G.O(RT)NO.4358/2008/TSM DATED 24.05.08 OF THE IST RESPONDENT. EXHIBIT P32 COPY OF THE LETTER NO.89286/A1/07/TSM DATED 27.05.08 OF THE IST RESPONDENT.**