High Court of KeralaSingle JudgeDisposed: Petition dismissed; no regularization...
Sreelekshmi L.V. and others v Union of India and others
Case / Petition Number:WP(C).No.14049 OF 2019(E)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Justice Anu Sivaramaran
- Judgment Date
- 2019-08-26
- Court Decision / Holding
- Writ petition dismissed; Ext.P34 notification and recruitment process for the posts held by petitioners do not entitle them to regularization since their appointments were contract-based and in non-sanctioned posts; petitioners must remain under contract terms.
- Final Disposition
- Disposed: Petition dismissed; no regularization ordered; Ext.P34 stands not to grant regularization to petitioners; petitioners bound by contract terms.
Parties to the Case
Appellants / Petitioners
- Sreelekshmi L.V.
- Arun V.
- Sreeja R.V.
- Haritha H.S.
- Reeja Raj S.R.
- Sreedevi C.S.
- Sandhya V.G.
- Chandrika R.
- Jasmin A.
- Rejani R.P.
Respondents
- Union of India represented by the Secretary to Government, Ministry of Earth Sciences, New Delhi
- The State of Kerala represented by the Principal Secretary to Government, Science, Technology and Environment Department, Thiruvananthapuram
- National Centre for Earth Science Studies represented by its Secretary, Ministry of Earth Sciences, Government of India
- The Director, National Centre for Earth Science Studies
Legal Representation & Advocates
Counsels for Petitioners
- • Elvin Peter P.J.
- • K.R.Ganesh
Counsels for Respondents
- • Vishnu J., CGC
- • P. Vijayakumar, ASG
Case Synopsis & Summary
This is a Kerala High Court writ petition filed on 2019 by contract-based Project Assistants working under the National Centre for Earth Science Studies (NCESS), now under the Ministry of Earth Sciences, Government of India. The petitioners, ten in number, contend that they have been continuously engaged since 2008 and were brought over to NCESS in 2012, with some posts subsequently regularized in a one-time measure. They challenge Ext.P34, a notification inviting applications for various posts in NCESS, including posts held by the petitioners, arguing that the government has not considered their claim for regularization while similarly situated persons were regularized (e.g., two employees whose regularization was approved). Respondents allege that petitioners were engaged on contract for non-sanctioned, ad hoc posts and that recruitment rules and procedures were flouted in back-door appointments prior to takeover. The government contends that direct recruitment should follow all-India advertising and that the notified vacancies in Ext.P34 are sanctioned posts; petitioners’ contracts do not grant a right to regularization. The court, after scrutiny of Ext.P26–P34 and related records, concluded that petitioners were contract hires for non-sanctioned posts and did not undergo due selection for sanctioned posts, and held that Ext.P34 cannot be used to regularize their status. The petition is dismissed.
Provisions of Law Cited
Travancore-Cochin, Literary, Scientific and Charitable Societies Registration Act, 1955 (for NCESS as a Society)KSCSTE Recruitment RulesMinistry of Earth Sciences recruitment guidelines
Legal Doctrines & Maxims
- Back-door appointments (as discussed in the case)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that they have been continuously engaged since 2008 on contract basis and their services should be regularized in line with similarly situated employees; Ext.P34 is discriminatory as it targets posts the petitioners have been serving in for years without due process; the takeover and subsequent resolutions (Ext.P31, Ext.P26, Ext.P27, Ext.P32) indicate the expectation of regularization for some while others are left unresolved. They rely on prior decisions and press for regularization rather than fresh recruitment.
Contentions of Respondents
Respondents argue that petitioners were engaged on contract for ad-hoc posts and the recruitment rules were not followed for sanctioned posts; the posts cited for Ext.P34 are sanctioned and the recruitment must be through proper channels under all-India advertisement; back-door appointments and non-sanctioned posts do not confer a right to regularization; Ext.P26-27 were one-time measures not automatically extending to petitioners; no post under Ext.P34 corresponds to petitioners’ current assignments.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Orissa v. Mamata Mohanty | 2011(1) KLT SN 76 | Mentioned Only | Cited to argue public notice should accompany employment exchanges appointments; the court did not adopt this principle as controlling in the present context. |
| WPC No. 17509/2015 (This Hon'ble Court) | 5.10.2017 | Mentioned Only | Annexed as annexure (R2L); referenced to indicate prior local decision, not treated as binding precedent in the present scrutiny. |
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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 MRS. JUSTICE ANU SIVARAMAN**
**MONDAY, THE 26TH DAY OF AUGUST 2019 / 4TH BHADRA, 1941**
## **WP(C).No.14049 OF 2019(E)**
## **PETITIONER/S:**
**1 SREELEKSHMI L.V., PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**2 ARUN V., PROJECT ASSISTANT-I, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
- **3 SREEJA R.V., PROJECT ASSISTANT-I, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**4 HARITHA H.S., PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**5 REEJA RAJ S.R., PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
- **6 SREEDEVI C.S.,**
**PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
- **7 SANDHYA V.G.,**
**PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**WP(C).No.14049 OF 2019(E)**
**2**
**8 CHANDRIKA R., PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**9 JASMIN A., PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**10 REJANI R.P., PROJECT ASSISTANT - 1, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH**
## **RESPONDENT/S:**
- **1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EARTH SCIENCE, NEW DELHI - 110 001.**
**2 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SCIENCE, TECHNOLOGY AND ENVIRONMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
**3 NATIONAL CENTRE FOR EARTH SCIENCE STUDIES, REPRESENTED BY ITS SECRETARY, MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
- **4 THE DIRECTOR, NATIONAL CENTRE FOR EARTH SCIENCE STUDIES,**
**MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA, P.B.NO.7250, AKKULAM, THIRUVANANTHAPURAM - 695 011.**
**R1, R3-4 BY ADV. MR.VISHNU J., CGC SRI. P.VIJAYAKUMAR, ASG OTHER PRESENT:**
## **BIJOY CHANDRAN GP. J VISHNU**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2706-2019, THE COURT ON 26-08-2019 DELIVERED THE FOLLOWING:**
**WP(C).No.14049 OF 2019(E)**
**3**
## **JUDGMENT**
## **Dated this the 26th day of August 2019**
This writ petition is filed by Project Assistants working on a contract basis under the 3[rd] respondent challenging Ext.P34 to the extent to which, it proposes to make recruitment to the post held by the petitioners by terminating the services of the petitioners.
2. It is submitted that the petitioners have been
continuously engaged by the respondents on a contract basis and that they are entitled to regularization in service. The petitioners had been engaged before the take over of the Centre for Earth Science Studies by the Ministry of Earth Sciences, Government of India in the year 2012. The National Centre for Earth Science Studies was thereafter registered as a Society under the Travancore-Cochin, Literary, Scientific and Charitable Societies Registration Act, 1955 on 25.1.2014. The selection of the petitioners was pursuant to a notification issued inviting applications
and after a due selection process, including interview
**WP(C).No.14049 OF 2019(E)**
**4**
conducted by a committee of three members including an outside expert. After the initial appointment on a contract basis in 2008, the petitioners services had been utilized by extending the contracts from time to time. It is contended that by Ext.P26 order dated
19.12.2016, the first respondent directed that all temporary posts up to the level of Deputy Secretaries which had been occupied by more than three years in all
autonomous organizations under the Government of India
shall be converted into permanent posts as a one time measure. It is submitted that in the case of similarly situated persons, Ext.P27 resolution had been taken by
the Finance Committee of the NCESS and the Governing Council directed the regularization of two employees ie., Sri.Binukumar.R and Sri.Murukan M.R. It is
contended that the petitioners who are identically situated had submitted Ext.P32 representation before the first respondent Government seeking the same
benefits since they had been continuing from the year 2008 onwards without any break.
3. However, by Ext.P34, the 3[rd] respondent has
issued a notification inviting applications for
## **WP(C).No.14049 OF 2019(E) 5**
appointment to different posts in the NCESS including the posts held by the petitioners. It is the case of the petitioners that the action of the respondents to initiate steps for selection to the posts held by the
petitioners for long years, and that too, without
considering the claim for regularization while identically situated persons have been granted the said benefit is illegal, arbitrary and discriminatory. On
these grounds Ext.P34 is challenged and the petitioners seek regularization as has been granted to similarly situated persons like Sri.Binukumar.R and Sri.Murukan M.R.
4. A statement has been placed on record by the
Central Government Counsel. It is contended that the
3[rd] respondent is an autonomous body under the Union Government. It is stated that the appointments of the petitioners are a classic case of back door appointments where the recruitment Rules and procedures were openly flouted. According to the recruitment Rules, the candidates had to be sponsored from the Employment Exchange according to quota and rotation of reservation. After the take over, it is submitted
**WP(C).No.14049 OF 2019(E)**
**6**
that, the Recruitment Rules of the NCESS were made applicable and that the recruitment procedure is controlled by guidelines issued by the Ministry, which dictates that direct recruitment should be conducted after resorting to advertisement at an all India level. It is submitted that the posts to which the petitioners were appointed were not sanctioned posts and that they were engaged on a purely temporary basis
on consolidated pay. It is further submitted that as per the Rules of the KSCSTE, regular appointments should have been made from a list obtained from the employment exchange and after following reservation criteria. It is stated that the committee consisting of the Member Secretary of the KSCSTE - Chairman; Director of the Centre; Controller of Administration / Registrar; and two experts nominated by the Director is the selection body contemplated for selection.
5. It is further stated that the notification
issued prior to the appointment of the petitioners was
for appointment to ad-hoc posts on contract basis. It is stated that less than 10 days time was given to applicants to respond to the notification and that
**WP(C).No.14049 OF 2019(E) 7**
appointments had been made on a consolidated pay. It is
further stated that even though the posts advertised were Project Assistants and data entry operators, the petitioners were engaged for various clerical and labour intensive duties. It is therefore contended
that the recruitment was not in sanctioned posts and was without following due procedure. It is stated that Ext.P26 circular is not relevant since the exercise of
conversion of temporary posts into permanent ones on the advice and recommendations of financial advisers was undertaken as a one time measure and the exercise was to be completed on or before 19[th] of June 2017. It is stated that since no posts had been created in pursuance of Ext.P26 in the 3[rd] respondent, the issue does not arise for consideration.
6. It is stated that in the case of two employees who were regularized, the regularization was ordered by the governing council in exercise of their statutory powers. It is stated that the petitioners' services were not regularized since they were not engaged in sanctioned posts and had not undergone a due selection procedure for regular appointment. It is stated that
## **WP(C).No.14049 OF 2019(E)**
## **8**
as per Ext.P34, two posts of MTS (Multi Tasking Staff),
two posts of Junior Executive, one post of Assistant Manager and one post of Joint Manager as well as one post of Manager had been advertised. Online
applications have been received and the recruitment is pending finalization. It is submitted that the advertised posts are sanctioned posts and have no relation to the work done till date by the petitioners and that the petitioners therefore have no locus standi to challenge Ext.P34.
7. A reply affidavit has been placed on record by the petitioners. It is contended that the petitioners were recruited after issuing a notification in the newspapers for a Walk-in-interview and that the interview was conducted by a selection committee. Copies of the newspapers in which the notification appeared have been produced. A decision of the Apex
Court in _**State of Orissa v. Mamata Mohanty (2011(1) KLT**_
_**SN 76)**_ is relied upon to contend that even where appointments are to be made through employment exchanges, public notice should be issued so as to inform the eligible candidates of the impending
**WP(C).No.14049 OF 2019(E)**
**9**
appointments.
8. An additional statement has been placed on record by the respondents producing documents to show that the selection faced by the petitioners was only for contract appointment on an ad-hoc basis and that as such, the petitioners can have no claim for regularization in service.
9. I have considered the contentions advanced.
Though the specific contention of the petitioners is that they had been engaged pursuant to due notifications and after following a selection procedure, it is clear from the documents produced along with the writ petition that the notification was specifically for contract appointments on an ad-hoc basis. After the takeover of the CESS and the
formation of the NCESS by Ext.P31, the petitioners contend that the takeover provided that the manpower employed as on 31.12.2013 would also be taken over.
10. However, from a reading of Ext.P31, which
provides for a takeover with manpower employed as on 31.12.2013, I am of the opinion that it cannot be
concluded that the petitioners who were working on
**WP(C).No.14049 OF 2019(E)**
**10**
contract basis as on 31.12.2013 can raise any claim for regularization unless the respondents take a conscious decision in that regard. It is submitted by the learned counsel appearing for the respondents that the persons regularized were persons, who were working in the offices and against sanctioned posts. It is also pertinent to note that the post advertised by Ext.P34 are not the posts held by the petitioners but are sanctioned posts. In case the petitioners, who have been working on contract basis in the NCESS, are qualified for appointment to the post advertised by Ext.P34, they will have a right to make their
applications in pursuance to Ext.P34 notification. However, in view of the specific contention raised by the respondents that the petitioners' appointments are
against non sanctioned posts and in view of the fact that the respondents do not propose to regularize the services of the petitioners, I am of the opinion that the petitioners would be bound by the terms of the contract under which they had been engaged by the respondents. In view of the fact that the selection
undergone by them was only for a contract appointment,
**WP(C).No.14049 OF 2019(E) 11**
I am of the opinion that the prayers raised in this
writ petition cannot be allowed.
The writ petition fails and the same is accordingly
dismissed.
**Sd/-**
**ANU SIVARAMAN**
sab
**JUDGE**
**WP(C).No.14049 OF 2019(E)**
**12**
## **APPENDIX**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE ORDER DATED 18/9/2008 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES, TRIVANDRUM.**
- **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE CHIEF MANAGER OF THE 3RD RESPONDENT.**
- **EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 30/1/2010 ISSUED TO THE 1ST PETITIONER BY THE SENIOR MANAGER OF NATIONAL CENTRE FOR EARTH SCIENCE STUDIES.**
- **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22/9/2008 ISSUED TO THE 2ND PETITIONER BY THE CENTRE FOR EARTH SCIENCE STUDIES.**
- **EXHIBIT P5 TRUE COPY OF THE CIRCULAR DATED 4/6/2014 ISSUED BY THE 3RD RESPONDENT.**
- **EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 31/12/2014 ISSUED BY THE 3RD RESPONDENT.**
- **EXHIBIT P7 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT.**
- **EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED 25/1/2019 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER.**
- **EXHIBIT P9 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT.**
- **EXHIBIT P10 TRUE COY OF THE ORDER DATED 10/11/2008 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO 4TH PETITIONER.**
- **EXHIBIT P11 TRUE COPY OF THE CERTIFICATE DATED 23/1/2019 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER.**
- **EXHIBIT P12 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT.**
- **EXHIBIT P13 TRUE COPY OF THE ORDER DATED 17/5/2010 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO THE 5TH PETITIONER.**
**WP(C).No.14049 OF 2019(E) 13**
**EXHIBIT P14 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P15 TRUE COPY OF THE ORDER DATED 6/9/2010 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO THE 6TH PETITIONER. EXHIBIT P16 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P17 TRUE COPY OF THE ORDER DATED 6/12/2010 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO THE 7TH PETITIONER. EXHIBIT P18 TRUE COPY OF THE ORDER DATED 14/12/2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P19 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P20 TRUE COPY OF THE ORDER DATED 19/10/2012 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO THE 8TH PETITIONER. EXHIBIT P21 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P22 TRUE COPY OF THE ORDER DATED 28/2/2013 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO THE 9TH PETITIONER. EXHIBIT P23 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P24 TRUE COPY OF THE ORDER DATED 22/7/2013 ISSUED BY THE CENTRE FOR EARTH SCIENCE STUDIES TO THE 10TH PETITIONER. EXHIBIT P25 TRUE COPY OF THE ORDER DATED 13/12/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P26 TRUE COPY OF THE ORDER DATED 19/12/2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P27 TRUE COPY OF THE RELEVANT EXTRACT OF THE 6TH MEETING OF THE FINANCE COMMITTEE OF THE NCESS HELD ON 14/3/3017. EXHIBIT P28 TRUE COY OF THE MINUTES OF THE MEETING OF THE GOVERNING COUNCIL OF THE NCESS HELD ON 24/3/2017.**
**WP(C).No.14049 OF 2019(E) 14**
|**EXHIBIT P29**|**TRUE COPY OF THE ORDER DATED 12/5/2017**|
|---|---|
||**ISSUED TO SRI.BINUKUMAR R,BY THE 3RD**|
||**RESPONDENT.**|
|**EXHIBIT P30**|**TRUE COPY OF THE ORDER DATED 12/5/2017**|
||**ISSUED TO SRI.MURUKAN M.R. BY THE 3RD**|
||**RESPONDENT.**|
|**EXHIBIT P31**|**TRUE COPY OF THE MEMORANDUM OF**|
||**UNDERSTANDING BETWEEN THE MINISTRY OF EARTH**|
||**SCIENCE, GOVT. OF INDIA AND THE KERALA**|
||**STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND**|
||**ENVIRONMENT FOR TAKE OVER OF THE CENTRE FOR**|
||**EARTH SCIENCE STUDIES.**|
|**EXHIBIT P32**|**TRUE COPY OF THE REPRESENTATION DATED**|
||**24/10/2018 SUBMITTED BY THE PETITIONERS**|
||**BEFORE THE 1ST RESPONDENT.**|
|**EXHIBIT P33**|**TRUE COPY OF THE LETTER DATED 15/5/2018**|
||**ISSUED BY THE 1ST RESPONDENT TO DR.SASI**|
||**THAROOR.**|
|**EXHIBIT P34**|**TRUE COPY OF THE NOTIFICATION DATED**|
||**16/8/2018 ISSUED BY THE 1ST RESPONDENT.**|
|**EXHIBIT P35**|**TRUE COPY OF THE NOTIFICATION ISSUED BY THE**|
||**CESS IN THE THOZHIL VEEDHI DATED 29/06/2013**|
|**EXHIBIT P36**|**TRUE COPY OF THE PAPER PUBLICATION**|
||**PUBLISHED IN THE MATHRUBHUMI THOZHIL VARTHA**|
||**DATED 13.11.2010.**|
|**EXHIBIT P37**|**TRUE COPY OF THE PAPER PUBLICATION**|
||**PUBLISHED IN THE MATHRUBHUMI THOZHIL VARTHA**|
||**DATED 27.3.2010.**|
|**EXHIBIT P38**|**TRUE COPY OF THE PAPER PUBLICATION**|
||**PUBLISHED IN THE MATHRUBHUMI THOZHIL VEEDHI**|
||**DATED 29.6.2013.**|
|**EXHIBIT P39**|**TRUE COPY OF THE PAPER PUBLICATION**|
||**PUBLISHED IN THE MATHRUBHUMI THOZHIL VARTHA**|
||**DATED 29.9.2012.**|
|**EXHIBIT P40**|**TRUE COPY OF THE NOTE DATED 16.11.2015**|
||**ISSUED BY THE SELECTION COMMITTEE AFTER**|
||**EVALUATION.**|
**WP(C).No.14049 OF 2019(E) 15**
|**RESPONDENT'S/S**|**EXHIBITS:**|
|---|---|
|**ANNEXURE R3A**|**TRUE COPY OF THE DRAFT NORMS FOR**|
||**RECRUITMENT OF NON-PERMANENT PROJECT STAFF**|
||**IN R & D CENTRES, DATED 5.5.2005.**|
|**ANNEXURE R3B**|**TRUE COPY OF THE OFFER LETTER SENT TO THE**|
||**1ST PETITIONER, DATED 24.1.2011.**|
|**ANNEXURE R3C**|**TRUE COPY OF THE OFFICE ORDER INTIMATING**|
||**THE APPOINTMENT OF THE 1ST PETITIONER**|
||**TEMPORARILY AND IN CONSOLIDATED PAY, AS**|
||**DATA ENTRY OPERATOR, DATED 11.2.2011.**|
|**ANNEXURE R3D**|**TRUE COPY OF THE OFFER LETTER SENT TO THE**|
||**2ND PETITIONER, DATED 15.9.2008.**|
|**ANNEXURE R3E**|**TRUE COPY OF THE OFFICE ORDER RELIEVING THE**|
||**2ND PETITIONER FROM THE POST OF PROJECT**|
||**ASSISTANT, DATED 18.10.2013.**|
|**ANNEXURE R3F**|**TRUE COPY OF THE OFFER LETTER SENT TO THE**|
||**3RD PETITIONER, DATED 16.11.2010.**|
|**ANNEXURE R3G**|**TRUE COPY OF THE OFFER LETTER SENT TO THE**|
||**4TH PETITIONER DATED, 16.11.2010.**|
|**ANNEXURE R3H**|**TRUE COPY OF THE OFFER LETTER ISSUED TO THE**|
||**5TH PETITIONER TO BE APPOINTED AS PROJECT**|
||**ASSISTANT ON TEMPORARY BASIS, DATED**|
||**12.5.2010.**|
|**ANNEXURE R3I**|**TRUE COPY OF THE OFFER LETTER ISSUED TO THE**|
||**7TH PETITIONER TO BE APPOINTED AS**|
||**SECRETARIAL ASSISTANT ON TEMPORARY BASIS,**|
||**DATED 29.11.2010.**|
|**ANNEXURE R3J**|**TRUE COPY OF THE OFFER LETTER ISSUED TO THE**|
||**8TH PETITIONER TO BE APPOINTED AS PROJECT**|
||**ASSISTANT ON TEMPORARY BASIS, DATED**|
||**28.9.2012.**|
|**ANNEXURE R3K**|**TRUE COPY OF THE OFFER LETTER ISSUED TO THE**|
||**9TH PETITIONER TO BE APPOINTED AS PROJECT**|
||**ASSISTANT ON TEMPORARY BASIS, AND**|
||**CONSOLIDATED PAY FOR 1 YEAR, DATED**|
||**6.2.2013.**|
|**ANNEXURE R2L**|**TRUE COPY OF THE JUDGMENT OF THIS HON'BLE**|
||**COURT IN WPC.NO.17509/2015, DATED**|
||**5.10.2017.**|