P.C. Antony Xavier; P.V. Thomas; C. J. Varghese; K. P. Kesavadas; Abdul Hameed C.K. vs State of Kerala and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WP(C).No.16066 OF 2020(G)** ## **PETITIONER:** **P.C. ANTONY XAVIER, AGED 58 YEARS S/O.P.J.CELESTINE, PANACKAL HOUSE, MOOLAMPALLY, ERNAKULAM, KOCHI-682027, HEAD OPERATOR HIGHER GRADE, (RETD.) SEWERAGE SUB DIVISION, KERALA WATER AUTHORITY, PALLIMUKU, KOCHI-682016.** **BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695033.** - **3 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695033.** - **4 THE DEPUTY CHIEF ENGINEER (HR AND GL), KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695033.** - **5 THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, JALA BHAVAN, ERNAKULAM-682011.** - **6 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, SEWERAGE SUB DIVISION, KOCHI682016.** **R2-6 BY ADV. SMT.MARY BENJEMIN R2-6 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] **==> picture [7 x 7] intentionally omitted <==** ## **AUTHORITY** ## **SRI.SUNILKUMAR KURIAKOSE GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).1852/2020(F), WP(C).8670/2020(G), WP(C).16004/2020(A), WP(C).18314/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WP(C).No.1852 OF 2020(F)** ## **PETITIONER:** **P.V.THOMAS AGED 57 YEARS S/O.VARKEY, PARAPPILLIL HOUSE, MANAKKUNNAM VILLAGE, UDAYAMPEROOR P.O., ERNAKULAM-682 307, HEAD OPERATOR HIGHER GRADE (RETD), SEWERAGE SUB DIVISION, KERALA WATER AUTHORITY, ERNAKULAM, KOCHI.** **BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, WATER RESOURCES**| ||**DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**KERALA WATER AUTHORITY,**| ||**REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033.**| |**3**|**THE MANAGING DIRECTOR, KERALA WATER AUTHORITY,**| ||**JALA BHAVAN, THIRUVANANTHAPURAM-695 033.**| |**4**|**THE DEPUTY CHIEF ENGINEER (HR AND GL),**| ||**KERALA WATER AUTHORITY, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033.**| |**5**|**THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER**| ||**AUTHORITY, SEWERAGE SUB DIVISION, KOCHI-682 020.**| ||**R2-5 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER**| ||**AUTHORITY**| [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] **==> picture [7 x 7] intentionally omitted <==** ## **GP-SRI.SUNIL KUMAR KURIAKOSE** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).8670/2020(G), WP(C).16004/2020(A), WP(C).16066/2020(G), WP(C).18314/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WP(C).No.8670 OF 2020(G)** ## **PETITIONER:** **C.J.VARGHESE, CHAKKALAPARAMBIL HOUSE, “ABBA”, MAULANA ROAD, NETTOOR P.O., KOCHI-682 040.** **BY ADVS. SRI.M.A.THOMAS KUTTY SMT.ASHA CHERIAN** ## **RESPONDENTS:** **1 ASSISTANT EXECUTIVE ENGINEER WATER WORKS SUB-DIVISION, KERALA WATER AUTHORITY, KOCHI-682 016. 2 SUPERINTENDING ENGINEER PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, KOCHI-682 016. 3 THE ACCOUNTS OFFICER (ESTT.) KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 4 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 5 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.** **BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY** **SRI. SUNILKUMAR KURIAKOSE GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).1852/2020(F), WP(C).16004/2020(A), WP(C).16066/2020(G), WP(C).18314/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 6 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WP(C).No.16004 OF 2020(A)** ## **PETITIONER:** **K.P.KESAVADAS AGED 58 YEARS S/O.K.K.PRABHAKARA PANICKER, SREENILYAM, THIRUMARADY P.O., KOOTHATTUKULAM, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT-686 687, HEAD OPERATOR, HIGHER GRADE (RETD) PIRAVOM SUB DIVISION, KERALA WATER AUTHORITY, PIRAVOM, ERNAKULAM** **BY ADVS. SRI.GEORGE MATHEW SMT.ELSA DENNY PINDIS SRI.DIPU JAMES SRI.M.D.SASIKUMARAN SHRI.MATHEW K.T. SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.K.V.GEORGE** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, WATER RESOURCES**| ||**DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001**| |**2**|**KERALA WATER AUTHORITY,**| ||**REP BY ITS MANAGING DIRECTOR, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033**| |**3**|**THE MANAGING DIRECTOR,**| ||**KERALA WATER AUTHORITY, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033**| |**4**|**THE DEPUTY CHIEF ENGINEER (HR AND GL)**| ||**KERALA WATER AUTHORITY, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033**| |**5**|**THE EXECUTIVE ENGINEER,**| ||**P.H.DIVISION, KERALA WATER AUTHORITY, PERUMBAVOOR,**| ||**ERNAKULAM-683 542**| [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] **==> picture [7 x 7] intentionally omitted <==** **6 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PIRAVOM SUB DIVISIN, ERNAKULAM-686 664** **BY ADV. SMT.MARY BENJEMIN BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY** **SRI. SUNILKUMAR KURIAKOSE GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).1852/2020(F), WP(C).8670/2020(G), WP(C).16066/2020(G), WP(C).18314/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942** ## **WP(C).No.18314 OF 2020(L)** ## **PETITIONER:** **ABDUL HAMEED C.K. AGED 56 YEARS S/O. KUNJAN MARAKAR, CHENNAMPILLIL HOUSE, CHERANALOOR P.O., KOCHI-682 034,ERNAKULAM DISTRICT, HEAD OPERATOR, HIGHER GRADE (RETD),KALAMASSERY SUB DIVISION, KERALA WATER AUTHORITY** **BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, WATER RESOURCES**| ||**DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001**| |**2**|**KERALA WATER AUTHORITY,**| ||**REP.BY ITS MANAGING DIRECTOR, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033**| |**3**|**THE MANAGING DIRECTOR,**| ||**KERALA WATER AUTHORITY, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033**| |**4**|**THE DEPUTY CHIEF ENGINEER ( HR AND GL)**| ||**KERALA WATER AUTHORITY, JALA BHAVAN,**| ||**THIRUVANANTHAPURAM-695 033**| |**5**|**THE EXECUTIVE ENGINEER,**| ||**P.H.DIVISION, KERALA WATER AUTHORITY, PERUMBAVOOR,**| ||**ERNAKULAM-683 542**| |**6**|**THE EXECUTIVE ENGINEER,**| ||**WATER SUPPLY DIVISION, KERALA WATER AUTHORITY,**| [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] **==> picture [7 x 7] intentionally omitted <==** **ERNAKULAM,KOCHI-682 031** **7 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, KALAMASSERY SUB DIVISION, ERNAKULAM,KOCHI-683 104** **BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY** **SRI. SUNILKUMAR KURIAKOSE GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2021, ALONG WITH WP(C).1852/2020(F), WP(C).8670/2020(G), WP(C).16004/2020(A), WP(C).16066/2020(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 10 ## **JUDGMENT** ## **Dated this the 26th day of February 2021** The petitioners in these cases which are being heard and disposed of together on account of the analogous factual factors involved are aggrieved by the non-disbursement of their terminal benefits, even after a lapse of nearly one year from the date of their retirement, from the services of the Kerala Water Authority (KWA) as Head Operators (Higher Grade) in Sewerage Section. The petitioners have, in addition, approached this Court impugning the liability fixed upon them by the KWA. 2. The petitioners say that they were initially engaged on daily wage basis by the KWA for a few months and were subsequently regularised, based on the judgment of the Hon'ble Supreme Court in _**Jacob vs. Kerala Water Authority**_ [1990 (2) KLT 673 (SCC)]. 3. The petitioners rely on Ext.P2 in WP(C) No.8670/2020; Ext.P1 in WP(C) No.16004/2020, WP(C) No.16066/2020 and WP(C) No.1852/2020; Ext.P3 in WP(C) No.18314/2020 in substantiation of their claim and assert that, therefore, no liability could have been fixed against them as regards the benefits of pay scale or increment [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 11 earlier granted to them under valid orders of the KWA, reckoning the period they were worked on daily wages. The petitioners, therefore, pray that the impugned orders be set aside and the KWA be directed to disburse to them their eligible terminal benefits without any delay. 4. The petitioners in WP(C) No.8670/2020 additionally have a case that, even though their daily wages period had been reckoned in Ext.P2 - as part of the regularisation - as early as on 18.02.1991, this has now been excluded from their fixation of last pay; and therefore, that their terminal benefits will be illegally attenuated. The petitioners in this case, therefore, also pray that the KWA be directed to grant pensionary benefits to them, treating the emoluments drawn by them as last pay. 5. In response, the learned Standing Counsel for the KWA - Sri. Benjamin Paul, submitted that a counter affidavit has been filed in WP(C) No.1852/2020, wherein, it has been explained that the Managing Director of the KWA had regularised the petitioners on valid orders; however, on condition that such regularisation will not make them eligible for annual increments during the period from 19.09.1991 to 29.03.2001. He, however, conceded that this period will be eligible for service weightage as far as the 2004 Pay Revision, [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 12 ordered vide G.O.(P) No.46/2007 dated 30.07.2019, but that the grant of Grade Promotion reckoning this period was in error. Sri. Benjamin Paul thus contends that the petitioners are liable to refund the entire amount paid to them by the KWA on such basis and further asserted they have given specific undertakings that they will pay back the excess amount. The learned Counsel thus prayed that these writ petitions be dismissed, relying on the judgment of the Hon’ble Supreme Court in _**High Court of Panjab and Haryana and others vs. Jagdev Singh**_ [(2016) 14 SCC 267] 6. On hearing Sri. Benjamin Paul as afore, I directed the KWA to produce all records relating to the alleged undertakings stated to have been given by the petitioners. Accordingly, Ext.R2A was filed along with the counter affidavit in WP(C) No.18314/2019. However, it is perspicuous, therefrom that Ext.R2A is dated 05.10.2020, which is after the date on which the writ petition had been filed, namely, 07.09.2020. Further, it is pertinent that, in fact, an interim order was granted by the court on 8.09.2020, directing the KWA to issue proceedings showing the admitted pension to the petitioners, along with its arrears, within a period of one month from that date. 7. It is thus luculent that an undertaking was taken from one [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] **==> picture [13 x 7] intentionally omitted <==** of the petitioners only on 05.10.2020 and this is attempted to be explained by Sri.Benjamin Paul by saying that when the employees of the KWA retires, such undertakings are obtained, under which, they agree that any excess payments made to them in their career can be retained by the KWA. He thus contended that as per the stipulations in **Jagdev Singh** (supra), the petitioners cannot be now heard to say that they are not liable to refund the amounts found to have been paid to them illegally on account of the earlier pay revisions. 8. I cannot find the afore submissions of Sri.Benjamin Paul to be tenable because it is clear that, but for the alleged undertaking, no recovery is possible against the petitioners under the mandate of _**State of Panjab and others vs. Rafiq Masih (white washer) and**_ _**others**_ [(2015) 4 SCC 334]. This is because, the objected benefits were admittedly paid to the petitioners more than thirty years ago and that too, under valid orders issued by the KWA themselves. To add to this, there is not even a whisper in any of the documents or pleadings that such fixations were granted to them on account of any misrepresentation or reasons that can be attributed to them; but, on the contrary, it is virtually admitted that the orders granting such benefits were issued by the competent authority of the KWA as per the then [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 14 extant Rules and Regulations. 9. Therefore, the only manner in which the KWA can seek recovery of the benefits from the petitioners is if there had been a valid undertaking given by them, as mentioned in **Jagdev Singh** (supra). 10. On this aspect, it is clear that when the benefits in question were granted to the petitioners more than thirty years ago, no undertaking had been obtained from them nor had they agreed to refund any amounts which may have been found in excess later. The undertaking now relied upon by the KWA is the one obtained from the petitioners subsequent to their retirement and pending these writ petitions, as a condition for processing their pension papers. There can be no doubt about this because, the undertaking was obtained from the petitioners only after the aforementioned interim order had been issued by this Court in these matters, directing the KWA to process their pension papers. 11. Therefore, the undertaking now placed on record as Exhibit R2(A) in W.P.(C)No.18314/2020 can, never be construed to be one as noticed in **Jagdev Singh** (supra), because it has not been given by the petitioners with reference to the benefits granted to them [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 15 three decades ago. Further, since it is conceded that what is sought to be recovered are the benefits granted more than thirty years ago, the only way it could have been so done, is if the petitioners had offered an undertaking at that time with respect to such payment. Obviously, therefore, the alleged undertaking now relied upon by the KWA cannot answer the stipulations as mentioned by the Hon'ble Supreme Court in **Jagdev Singh** (supra). 12. In such circumstances, it is without doubt that the declaration of law by the Hon'ble Supreme Court in _**Rafiq Masih**_ (supra) would apply to these cases in all its force. There can be no two ways about this because it is conceded that though the petitioners had been given the disputed benefits more than thirty years ago without any fault or reason attributable to them, it has been directed to be repaid after more than a year of their retirement. In the above circumstances, I order these writ petitions and set aside the impugned orders and notices for recovery of the amounts from the petitioners by the KWA; with a consequential direction to the said Authority to disburse the entire retirement benefits to them, reckoning their earlier service on daily wage basis, adverting to Ext.P2 in WP(C) No.8670/2020; Ext.P1 in WP(C) No.16004/2020; [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] **==> picture [13 x 7] intentionally omitted <==** WP(C) No.16066/2020 and WP(C) No.1852/2020; Ext.P3 in WP(C) No.18314/2020. as I further direct that payments as afore shall be made expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment. Sd/- **DEVAN RAMACHANDRAN JUDGE** SAS/26/02/2021 [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 17 ## **APPENDIX OF WP(C) 16066/2020** ## **PETITIONER'S EXHIBITS:** |**PETITIONER'S EXHIBITS:**|| |---|---| |**EXHIBIT P1**|**TRUE COPY OF ORDER NO.KW1-6099/87 DATED**| ||**21.4.1993.**| |**EXHIBIT P2**|**TRUE COPY OF ORDER NO.KWA/JB/E1-**| ||**4505/JB/E1-4505/2001 DATED 26.9.2001**| ||**ISSUED BY 3RD RESPONDENT.**| |**EXHIBIT P3**|**TRUE COPY OF G.O.(RT)NO.1205/08/WRD**| ||**DATED 22.11.2008 ISSUED BY 1ST**| ||**RESPONDENT.**| |**EXHIBIT P4**|**TRUE COPY OF CIRCULAR**| ||**NO.KWA/PE/E1/4505/01 VOL-II DATED**| ||**21.1.2009 PASSED BY 3RD RESPONDENT.**| |**EXHIBIT P5**|**TRUE COPY OF CIRCULAR NO.KWA/JB/E1-**| ||**4505/01 VOL.II DATED 20.10.2009 ISSUED**| ||**BY 3RD RESPONDENT.**| |**EXHIBIT P6**|**TRUE COPY OF CIRCULAR NO.KWA/JB/E.5-**| ||**16792/05 DATED 20.10.2009 ISSUED BY 3RD**| ||**RESPONDENT.**| |**EXHIBIT P7**|**TRUE COPY OF CIRCULAR**| ||**NO.KWA/JB/E.5/6497/2012 DATED 6.11.2014**| ||**ISSUED BY 3RD RESPONDENT.**| |**EXHIBIT P8**|**TRUE COPY OF PROCEEDINGS**| ||**NO.KWA/WW/KOCHI-16/E2/2060/2012 DATED**| ||**4.2.2015 OF 6TH RESPONDENT.**| |**EXHIBIT P9**|**TRUE COPY OF REPRESENTATION DATED**| ||**11.6.2019 SUBMITTED BY PETITIONER TO 3RD**| ||**RESPONDENT.**| |**EXHIBIT P10**|**TRUE COPY OF REPRESENTATION DATED**| ||**13.3.2020 SUBMITTED BY PETITIONER TO 3RD**| ||**RESPONDENT.**| |**EXHIBIT P11**|**TRUE COPY OF REPRESENTATION DATED**| ||**29.6.2020 SUBMITTED BY PETITIONER TO 3RD**| ||**RESPONDENT.**| |**RESPODNENTS' EXHIBITS:-**|**NIL**| [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 18 ## **APPENDIX OF WP(C) 1852/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF ORDER NO.KWA/JB/E1-4505/2001 DATED 26.09.2001 ISSUED BY 3RD RESPONDENT.** **EXHIBIT P2 TRUE COPY OF GO(RT) NO.1205/08/WRD DATED 22.11.2008 ISSUED BY 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF CIRCULAR NO.KWA/PE/E1/4505/01 VOL-II DATED 21.01.2009 ISSUED BY 3RD RESPONDENT.** **EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO.E1.613/88 DATED 30.05.2009 ISSUED BY 5TH RESPONDENT. EXHIBIT P5 TRUE COPY OF CIRCULAR NO.KWA/JB/E.1-4505/01 VOL.II DATED 20.10.2009 ISSUED BY 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF CIRCULAR NO.KWA/JB/E.516792/05 DATED 20.10.2009 ISSUED BY 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF STATEMENT DATED 02.05.2012 SHOWING PAY FIXATION IN REVISED SCALE ISSUED BY 5TH RESPONDENT. EXHIBIT P8 TRUE COPY OF CIRCULAR NO.KWA/JB/E.5/6497/2014 DATED 06.11.2014 ISSUED BY 3RD RESPONDENT. EXHIBIT P9 TRUE COPY OF PROCEEDINGS ISSUED BY 5TH RESPONDENT NO.A1/321/98 DATED 10.01.2019. EXHIBIT P10 TRUE COPY OF REPRESENTATION DATED 26.11.2019 SUBMITTED BY PETITIONER TO 3RD RESPONDENT. RESPODNENTS' EXHIBITS:NIL** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 19 ## **APPENDIX OF WP(C) 8670/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER DATED 28.1.1988 OF THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, MUVATTUPUZHA. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 18.2.1991 OF THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, PERUMBAVOOR. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 5.11.2011 OF THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, KOCHI. EXHIBIT P5 TRUE COY OF THE COVERING LETTER DATED 25.6.2019 OF THE IST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 16.5.2019 OF THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 5.9.2019 OF THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 22.09.2020 OF THE 4TH RESPONDENT. RESPODNENTS'EXHIBITS:- NIL** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 20 ## **APPENDIX OF WP(C) 16004/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER NOE-108/88 DTD NIL.01.1988 ISSUED BY 6TH RESPONDENT EXHIBIT P2 TRUE COPY OF ORDER NO.KWA/JB/E1-4505/2001 DTD 26.09.2001 ISSUED BY 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF G.O.(RT) NO.1205/08/WRD DTD 22.11.2008 ISSUED BY 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF CIRCULAR NO.KWA/PE/E1/4505/01 VOL-II DTD 21.01.2009 PASSED BY 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF CIRCULAR NO.KWA/JB/E1/4505/01 VOL-II DTD 20.10.2009 ISSUED BY 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF CIRCULAR NO.KWA/JB/E.516792/05 VOL-II DTD 20.10.2009 ISSUED BY 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF CIRCULAR NO.KWA/JB/E.5/6497/2012 DTD 06.11.2014 ISSUED BY 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF RELEVANT PAGES OF ORDER NO.A2217/03 VOL.V.DTD 06.05.2015 ISSUED BY EXECUTIVE ENGINEER, MUVATTUPUZHA EXHIBIT P9 TRUE COPY OF REPRESENTATION DTD 09.11.2018 SUBMITTED BY PETITIONER AND OTHERS TO 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF NOTICE NO.17337/E5/2018 /KWA DTD 15.06.2019 ISSUED BY 3RD RESPODNENT EXHIBIT P11 TRUE COPY OF ORDER NO.E1-1072 DTD 24.09.1998 ISSUED BY 5TH RESPONDENT EXHIBIT P12 TRUE COPY OF ORDER NO E1-884/93 DTD 09.03.2006 ISSUED BY EXECUTIVE ENGINEER, PIRAVOM** - **RESPODNENTS'EXHIBITS: NIL** [ WP(C).16066/2020, WP(C).1852/2020, WP(C).8670/2020, WP(C).16004/2020, WP(C).18314/2020 ] 21 ## **APPENDIX OF WP(C) 18314/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF NTC NO.001206 ISSUED BY NATIONAL COUNCIL FOR VOCATIONAL TRAINING DTD NIL 01.1987** **EXHIBIT P2 TRUE COPY OF ORDER NO.E1-93/87 DTD 20.04.1990 ISSUED BY 5TH RESPONDENT** **EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF ORDER NO.KWA/JB/E1-4505/2001 DTD 26.0-9.2001 ALONG WITH LIST ISSUED BY 3RD RESPONDENT** **EXHIBIT P4 TRUE COPY OF G.O(RT) NO.1205/08/WRD DTD 22.11.2008 ISSUED BY 1ST RESPONDENT** - **EXHIBIT P5 TRUE COPY OF CIRCULAR NO.KWA/PE/E1/4505/01 VOL-II DTD 21.01.2009 ISSUED BY 3RD RESPONDENT** - **EXHIBIT P6 TRUE COPY OF CIRCULAR NO.KWA/JB/E1/4505/01 VOL-II DTD 20.10.2009 ISSUED BY 3RD RESPONDENT** - **EXHIBIT P7 TRUE COPY OF CIRCULAR NO.KWA/JB/E.516792/05 DTD 20.10.2009 ISSUED BY 3RD RESPONDENT** - **EXHIBIT P8 TRUE COPY OF ORDER NO.KWA/WSDN/CHN/A14500/07 VOL.II DTD 14.02.2014** - **EXHIBIT P9 TRUE COPY OF ORDER NO.A2-104/2007 DTD 18.03.2014 ISSUED BY 7TH RESPONDENT** - **EXHIBIT P10 TRUE COPY OF CIRCULAR NO KWA/JB/E.5/6497/2012 DTD 06.11.2014 ISSUED BY 3RD RESPONDENT** - **EXHIBIT P11 TRUE COPY OF ORDER NO.KWA/WSDN/CHN/A14500/07 VOL.II DTD 10.06.2015 ISSUED BY 6TH RESPONDENT** ## **RESPONDENTS' EXHIBITS:** - **EXHIBIT R2 A TRUE COPY OF THE ANNEXURE DATED 13.12.2019** **EXHIBIT R2 B TRUE COPY OF THE AFFIDAVIT UNDER RULE 117-A WAS SUBMITTED BY THE PETITIONER ON 04.12.2019** //TRUE COPY// P.A. TO JUDGE