High Court of KeralaDivision BenchPartly Allowed
State of Kerala v. John P.V. (OP(KAT).Nos. 2, 3, 5 & 7 of 2019)
Case / Petition Number:OP(KAT).Nos. 2, 3, 5 & 7 of 2019
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- V. G. Arun
- Judgment Date
- 2019-11-14
- Court Decision / Holding
- The petitions are partly allowed. The Tribunal’s direction for release of the withheld DCRG is upheld but the interest rate is reduced to 6% with payment within one month. If not paid within the stipulated time, interest increases to 9% and the excess amount will be recovered from responsible officials. No order as to costs.
- Final Disposition
- Partly Allowed
Parties to the Case
Appellants / Petitioners
- State of Kerala represented by the Principal Secretary to Government, LSGD
- The Commissioner for Rural Development, Thiruvananthapuram
- The Accountant General (A&E), Kerala
- The Principal Secretary to Government, Finance Department, Thiruvananthapuram
Respondents
- John P.V. S/o. Varkey, Retired Joint Block Development Officer, Kasaragod
- Varghese P.C., S/o. Chacko (late), Retired Joint Block Development Officer, Kasaragod
- John P.V., S/o. Varkey, Retired Joint Block Development Officer, Kasaragod
Legal Representation & Advocates
Counsels for Petitioners
- • State of Kerala — Government Pleader (Antony Mukkath)
- • Counsel for the 2nd to 4th Petitioners (as named in respective petitions)
- • State Government Pleader — Division Bench
Counsels for Respondents
- • Murali Pallath
- • Chandralal S.
- • C.K. Rajasekhara Panicker
- • Chandralal S. (as applicable)
Case Synopsis & Summary
The judgments in OP(KAT).Nos. 2, 3, 5 and 7 of 2019 arise from four Kerala Administrative Tribunal (KAT) miscellaneous petitions challenging a common order dated 4 April 2018, and the earlier final order of 19 December 2017 in OA Nos. 387/2017, 380/2017, 138/2016 and 146/2016. The core dispute concerns the entitlement of an employee to higher grade by reckoning notional/retrospective promotion and the corresponding liability for excess salary, which had been recovered from the employee’s DCRG but paid back belatedly. The Tribunal held that notional/retrospective promotion could not be reckoned for time-bound higher grade, and while it upheld liability for excess salary, it directed that no recovery be made from the petitioners. Subsequently, petitions for modification sought to direct release of the withheld DCRG with interest. The State contended that the Tribunal is functus officio after final disposal and cannot modify its final order, while the petitioners argued that pension-like benefits are a constitutional right and delayed disbursement cannot be countenanced. The Kerala High Court, while noting the Tribunal’s lack of power to modify post-final orders, partly allowed the petitions by directing release of the withheld DCRG within a month with interest reduced to 6% (from 9%), failing which 9% would apply, and by denying costs. The decision reiterates that gratuity rights are not discretionary largesse.
Provisions of Law Cited
Section 19 of the Administrative Tribunals ActSection 24 of the Administrative Tribunals ActRule 7(3) of the Kerala Administrative Tribunal (Procedure) Rules, 2010
Legal Doctrines & Maxims
- functus officio
- Pension rights are constitutional rights (doctrine)
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contended that the notional/retrospective promotion cannot be reckoned to grant a higher time-bound grade and that the Tribunal had no power to modify its final order under Rule 7(3) of the Kerala Administrative Tribunal Rules, 2010. They urged release of the withheld DCRG amounts with interest, arguing that gratuity and pension-like benefits are a constitutional right and must be paid promptly; the delay and the order directing interest should be minimized.
Contentions of Respondents
The respondents argued that the Tribunal is functus officio after final disposal and lacks power to modify its final order except for interim relief; Rule 7(3) governs interim directions only and not post-final modifications; delay in releasing the DCRG, though not desirable, was a consequence of administrative processes, and the Tribunal’s directions to release the withheld gratuity would unduly disturb the settled liability.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Kerala v. Aboobacker | 2007 (3) KLT 1032 | Positive | Cited to support that reckoning notional/retrospective promotions for higher grades is not permissible, aligning with the Tribunal’s conclusions against the applicants. |
| State of Kerala and others v. M. Padmanabhan Nair | (1985) 1 SCC 429 | Positive | Cited to emphasize pension/benefits as a constitutional right, justifying release of withheld gratuity without undue delay. |
| Unknown (2016) KHC 260 | 2016(1) KHC 260 | Mentioned Only | Annexed as a measured reference; not discussed in the judgment’s reasoning. |
| Writ Appeal No. 759/2007 | Writ Appeal No. 759/2007 | Mentioned Only | Referenced in annexures; not engaged with in the main reasoning. |
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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 V.G.ARUN**
**THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941**
## **OP(KAT).No.2 OF 2019**
**AGAINST THE ORDER/JUDGMENT IN OA 387/2017 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/S:**
**1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT (LSGD), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM KERALA 695 001**
- **2 THE COMMISSIONER FOR RURAL DEVELOPMENT, SWARAJ BHAVAN, NANTHENCODE, THIRUVANANTHAPURAM 695 003**
- **3 THE ACCOUNTANT GENERAL (A AND E), KERALA, THIRUVANANTHAPURAM 695 001**
**4 THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001**
## **BY GOVERNMENT PLEADER**
## **RESPONDENT/S:**
**JOHN P.V. S/O. VARKEY, RETIRED JOINT BLOCK DEVELOPMENT OFFICER, PANACKA L HOUSE, NEYTHAJI NAGAR, PADANNAKKAD P.O., KASARAGOD KERALA 671 314**
## **R1 BY ADV. SRI.MURALI PALLATH R1 BY ADV. SHRI.CHANDRALAL S.**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 14.11.2019, ALONG WITH OP(KAT).3/2019, OP(KAT).5/2019, OP(KAT).7/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
_**OP(KAT).2,3,5 & 7/19**_
2
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941**
## **OP(KAT).No.3 OF 2019**
**AGAINST THE ORDER/JUDGMENT IN OA 380/2017 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/S:**
**1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT (LSGD), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.**
**2 THE COMMISSIONER FOR RURAL DEVELOPMENT, SWARAJ BHAVAN, NANTHENCODE, THIRUVANANTHAPURAM695003. 3 THE ACCOUNTANT GENERAL(A E) KERALA, THIRUVANANTHAPURAM, PIN-695001.**
**4 THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.**
**BY GOVERNMENT PLEADER**
## **RESPONDENT/S:**
**VARGHESE.P.C. AGED 59 YEARS S/O.CHACKO (LATE), RETIRED JOINT BLOCK DEVELOPMENT OFFICER, PUTHUOARAMBIL HOUSE, EDAVARAMBA.P.O., KASARAGOD, KERALA-670511.**
_**OP(KAT).2,3,5 & 7/19**_ 3
**R1 BY ADV. SRI.MURALI PALLATH R1 BY ADV. SHRI.CHANDRALAL S.**
## **OTHER PRESENT:**
**SR.GP SRI.ANTONY MUKKATH**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 14.11.2019, ALONG WITH OP(KAT).2/2019, OP(KAT).5/2019, OP(KAT).7/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
_**OP(KAT).2,3,5 & 7/19**_
4
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941**
**OP(KAT).No.5 OF 2019**
**AGAINST THE ORDER/JUDGMENT IN OA 138/2016 DATED 04-04-2018 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/S:**
|**1**|**STATE OF KERALA**|
|---|---|
||**REPRESENTED BY THE PRINCIPAL SECRETARY TO**|
||**GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT(LSGD),**|
||**GOVERNMENT SECRETARIAT. THIRUVANANTHAPURAM, KERALA-**|
||**695 001.**|
|**2**|**THE COMMISSIONER FOR RURAL DEVELOPMENT**|
||**SWARAJ BHAVAN, NANTHENCODE, THIRUVANANTHAPURAM-**|
||**695003.**|
|**3**|**THE ACCOUNTANT GENERAL(A AND E)**|
||**KERALA, THIRUVANANTHAPURAM-695001.**|
|**4**|**THE PRINCIPAL SECRETARY**|
||**FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,**|
||**THIRUVANANTHAPURAM-695001.**|
## **BY GOVERNMENT PLEADER**
## **RESPONDENT/S:**
**JOHN P.V AGED 56 YEARS S/O. VARKEY, RETIRED JOINT BLOCK DEVELOPMENT OFFICER. PANACKAL HOUSE, NEYTAGI NAGAR, PADANNAKKAD. P. O, KASARAGOD, KERALA-671314.**
5
_**OP(KAT).2,3,5 & 7/19**_
**R1 BY ADV. SRI.MURALI PALLATH R1 BY ADV. SRI.C.K.RAJASEKHARA PANICKER R1 BY ADV. SHRI.CHANDRALAL S.**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 14.11.2019, ALONG WITH OP(KAT).2/2019, OP(KAT).3/2019, OP(KAT).7/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
_**OP(KAT).2,3,5 & 7/19**_
6
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941**
## **OP(KAT).No.7 OF 2019**
## **AGAINST THE ORDER/JUDGMENT IN OA 146/2016 DATED 04-04-2018 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/S:**
**1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT(LSGD), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA695001. 2 THE COMMISSIONER OF RURAL DEVELOPMENT, SWARAJ BHAVAN, NANTHENCODE, THIRUVANANTHAPURAM695003. 3 THE ACCOUNTANT GENERAL (A AND E), KERALA, THIRUVANANTHAPURAM, PIN-695001. 4 THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.**
## **BY GOVERNMENT PLEADER**
## **RESPONDENT/S:**
**VARGHESE.P.C., AGED 59 YEARS S/O.CHACKO (LATE), RETIRED JOINT BLOCK DEVELOPMENT OFFICER, PUTHUOARAMBIL HOUSE, EDAVARAMBA P.O., KASARAGOD, KERALA-670511.**
**R1 BY ADV. SRI.MURALI PALLATH R1 BY ADV. SHRI.CHANDRALAL S.**
_**OP(KAT).2,3,5 & 7/19**_
7
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 14.11.2019, ALONG WITH OP(KAT).2/2019, OP(KAT).3/2019, OP(KAT).5/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
_**OP(KAT).2,3,5 & 7/19**_
8
## **K.VINOD CHANDRAN & V.G.ARUN, JJ.**
----------------------------------------------O.P(KAT).Nos. 2, 3, 5 and 7 of 2019 ----------------------------------------------Dated this the 14[th] day of November, 2019
## **JUDGMENT**
## _**Arun, J.**_
The challenge in the original petitions is confined to the validity of the common order dated 4.4.2018 passed by the Tribunal in the miscellaneous applications filed by the applicants/respondents herein, after final disposal of the original applications under the common order of the Tribunal dated 19.12.2017.
2. The issue in the original applications was with respect to the entitlement of an employee to claim higher grade, reckoning the period of notional/retrospective promotion and proceedings initiated for recovery from the DCRG of the applicants, on the allegation of having received excess salary in the higher grade granted to them by reckoning the period of notional/retrospective promotion. The excess salary paid was fixed as liability and
_**OP(KAT).2,3,5 & 7/19**_ 9
adjusted against the DCRG. The balance amount of DCRG after deducting the liability was paid to the applicants, but belatedly. The prayer in the original applications was for release of the amount fixed as liability and withheld from the DCRG and for interest on the balance amount of DCRG disbursed to the applicants belatedly.
3. The Tribunal found that the issue regarding reckoning of notional/retrospective promotion for grant of higher grade was covered against the applicants by the decision of this Court in _**State of Kerala v. Aboobacker**_ [2007 (3) KLT 1032].
4. After finding that the notional/retrospective promotion of the applicants could not have been reckoned for grant of time bound higher grade and upholding the impugned orders finding the applicants to have received excess salary, the Tribunal directed that no recovery shall be made from the applicants on the basis of the erroneous fixation of pay for which they cannot be held responsible. The original applications were thus disposed of by common order dated 19.12.2007.
5. After disposal of the original applications, miscellaneous
_**OP(KAT).2,3,5 & 7/19**_
10
applications were filed by the applicants seeking modification of the order to the extent of directing release of the withheld amount of DCRG within a time limit to be fixed by the Tribunal. In the miscellaneous applications it was submitted that the prayer for release of the withheld portion of DCRG, though made in the original application, was omitted to be noticed at the time of disposal. The official respondents opposed the prayer, contending that the applications filed under Rule 7(3) of the Kerala Administrative Tribunal (Procedure) Rules, 2010 for modification of the final order was not maintainable.
6. By the orders impugned in these original petitions, the Tribunal proceeded to hold that a direction to release the amounts withheld from the DCRG of the applicants ought to have been included in the final order and directed the respondents to ensure that the amounts withheld from the DCRG of the applicants is released within a period of two months. It was noticed that in spite of direction in the final order that no recovery shall be made from the applicants, the respondents had failed to release the withheld portion of the DCRG. The
_**OP(KAT).2,3,5 & 7/19**_
11
action of the respondents in having retained the amounts due to the applicants, at least from 19.12.2017, the date of the order interdicting recovery, was found to be unauthorised and therefore the applicants entitled to be properly compensated. Hence, the Government was directed to ensure that the amount withheld from the DCRG of the applicants is released with interest at the rate of 9% per annum from 19.12.2017 till the date of payment.
7. The learned Senior Government Pleader assails the order on the ground that, except for the limited power of review, the Tribunal is _functus officio_ after final disposal of an original application. It is contended that no power for modification of its final order is vested with the Tribunal, under Rule 7(3) of the Rules, 2010, or any other provision.
8. Heard Sri. Antony Mukkath, learned Senior Government Pleader appearing for the State and Sri. Murali Pallath, learned counsel for the applicants.
9. A perusal of Rule 7(1) shows that the rule deals with the contents of the application filed before the Tribunal. Under Rule 7(3) an applicant can, subsequent to the filing of an original
_**OP(KAT).2,3,5 & 7/19**_
12
application under Section 19 of the Administrative Tribunals Act, apply for an interim order or direction. As rightly contended by the learned Senior Government Pleader, Rule 7(3) is with respect to submission of application for interim order subsequent to the filing of the original application. The rule does not enable filing of application after pronouncement of the final order, or empower the Tribunal to grant further reliefs. The question of applying for and granting of interim relief would arise only during the pendency of the original application. Section 24 of the Administrative Tribunals Act, confers power on the Tribunals to pass interim orders on, or in, any proceedings relating to an application, thereby making it clear that interim orders can be passed only in pending applications.
10. Sri.Murali Pallath, the learned counsel for the applicants would submit that even without the subsequent direction in the impugned orders, it was incumbent on the Government and its officials to have disbursed the withheld amount of gratuity, in the light of the clear finding in the final order of the Tribunal, interdicting recovery on the basis of the erroneous fixation of
_**OP(KAT).2,3,5 & 7/19**_ 13
pay. The final order having been passed on 19.12.2017, the official apathy or the selective myopia resulting in inordinate delay in disbursal of gratuity legitimately due to the applicants, capitalising on the omission to include a specific direction for disbursal of the withheld DCRG amount, is unpardonable. As has been repeatedly held by the Honourable Supreme Court in _**State of Kerala and others v. M.Padmanabhan Nair**_ [(1985) 1 SCC 429] onwards, pension and other benefits due to a retired employee are not bounties to be disbursed or doled out at the whims and fancies of the officials. Rather, it is a right, more in the nature of a constitutional right, conferred on the employee by dint of his long service.
Hence, even though we find that the Tribunal could not have passed the impugned order in an application for modification, we refuse to interfere with the direction to disburse the withheld gratuity amount, except to the extent of reducing the interest to 6%, the payment to be effected within a period of one month from the date of receipt of a copy of this judgment. In case of failure to disburse the amount within the stipulated time, the
_**OP(KAT).2,3,5 & 7/19**_
14
interest shall stand enhanced to 9% and the interest component shall be recovered from the officials responsible for the delay.
The original petitions are partly allowed, with the directions as above. No order as to costs.
Sd/- **K.VINOD CHANDRAN JUDGE**
Sd/- **V.G.ARUN JUDGE**
_vgsx_
_**OP(KAT).2,3,5 & 7/19**_
15
## **APPENDIX OF OP(KAT) 2/2019**
**PETITIONER'S/S EXHIBITS:**
**ANNEXURE A1 TRUE COPY OF ORDER NO.A 4351/13 DATED 16/03/2015. ANNEXURE A2 TRUE COPY OF GRATUITY PAYMENT ORDER DATED 23/02/2016 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A3 TRUE COPY OF ORDER NO.13936/ESTT.D1/2015/CRD DATED 04/04/2016 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A4 TRUE COPY OF LIABILITY CERTIFICATE NO.13936/ESTT.D1/15/CRD. DATED 04/04/2016. ANNEXURE A5 TRUE COPY OF 2016(1) KHC 260. EXHIBIT P1 THE TRUE COPY OF THE O.A. NO. 387/2017 ALONG WITH ANNEXRES A1 TO A5 EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 19.12.2017 OF THE TRIBUNAL. EXHIBIT P3 THE TRUE COPY OF THE M.A. NO. 466 OF 2018. EXHIBIT P4 THE TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER IN M.A. NO. 466/2018 DATED 4.4.2018 EXHIBIT P5 CERTIFIED COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 4.4.2018 IN M.A. NO. 466 OF 2018 IN O.A. NO. 387 OF 2017**
_**OP(KAT).2,3,5 & 7/19**_
16
## **APPENDIX OF OP(KAT) 3/2019**
**PETITIONER'S/S EXHIBITS:**
**ANNEXURE A1 TRUE COPY OF ORDER NO.A 1393/12 DATED 22/04/2015. ANNEXURE A2 TRUE COPY OF GRATUITY PAYMENT ORDER DATED 20/08/2015 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A3 TRUE COPY OF LIABILITY CERTIFICATE NO.1393/12 DATED 30/11/2015. ANNEXURE A4 TRUE COPY OF 2016(1) KHC 260. EXHIBIT P1 THE TRUE COPY OF THE O.A.NO.387/2017 ALONG WITH ANNEXURES A1 TO A5 EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 19/12/2017 OF THE TRIBUNAL. EXHIBIT P3 THE TRUE COPY OF THE M.A.NO.468/2018 EXHIBIT P4 CERTIFIED COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 04/04/2018 IN M.A.NO.468/2018 IN O.A.NO.380/2017.**
_**OP(KAT).2,3,5 & 7/19**_ 17
## **APPENDIX OF OP(KAT) 5/2019**
**PETITIONER'S/S EXHIBITS:**
|**ANNEXURE A1**|**TRUE COPY OF THE OA NO.138/2016 ALONG WITH**|
|---|---|
||**ANNEXURES A1 TO A15.**|
|**ANNEXURE A2**|**TRUE COPY OF ORDER NO.40607/ESTT.B2/99/CRD.**|
||**DATED 25/03/2000.**|
|**ANNEXURE A3**|**TRUE COPY OF THE ORDER DATED 12/05/2000.**|
|**ANNEXURE A4**|**TRUE COPY OF ORDER NO.RDI/1436/08 DATED**|
||**26/08/2008.**|
|**ANNEXURE A5**|**TRUE COPY OF LETTER NO.A 1172/10 DATED**|
||**12/02/2013 ISSUED BY THE BLOCK DEVELOPMENT**|
||**OFFICER, NILESHWAR.**|
|**ANNEXURE A5(A)**|**TRUE COPY OF RELEVANT PAGE OF AUDIT**|
||**OBJECTION APPENDED TO LETTER DATED**|
||**12/02/2013.**|
|**ANNEXURE A6**|**TRUE COPY OF REPRESENTATION DATED**|
||**10/09/2013.**|
|**ANNEXURE A7**|**TRUE COPY OF LETTER NO.19803/ESTT. B2/2013/CRD**|
||**DATED 28/01/2015 ISSUED BY THE 2ND RESPONDENT.**|
|**ANNEXURE A8**|**TRUE COPY OF ORDER NO.A4351/13 DATED**|
||**16/03/2015.**|
|**ANNEXURE A8(A)**|**TRUE COPY OF APPENDIX I ATTACHED TO THE**|
||**ORDER DATED 16/03/2015.**|
|**ANNEXURE A8(B)**|**TRUE COPY OF APPENDIX II ATTACHED TO THE**|
||**ORDER DATED 16/03/2015.**|
|**ANNEXURE A8(C)**|**TRUE COPY OF APPENDIX V ATTACHED TO THE**|
||**ORDER DATED 16/03/2015.**|
|**ANNEXURE A9**|**TRUE COPY OF CIRCULAR NO.5/2010/FIN. DATED**|
||**14/01/2010.**|
|**ANNEXURE A10**|**TRUE**<br>**COPY**<br>**OF**<br>**GOVERNMENT**<br>**LETTER**|
||**NO.41904/PRC-A3/93/FIN. DATED 16/06/93.**|
|**ANNEXURE A11**|**TRUE COPY OF RELEVANT PAGES OF CIRCULAR**|
_**OP(KAT).2,3,5 & 7/19**_
18
||**NO.46/2008/FIN. DATED 08/08/2008.**|
|---|---|
|**ANNEXURE A12**|**TRUE COPY OF GO(RT) NO.96/71/DD DATED**|
||**21/01/1971.**|
|**ANNEXURE A12(A)**|**TRUE COPY OF GO(RT) NO.27/90/RDD DATED**|
||**19/01/1990.**|
|**ANNEXURE A13**|**TRUE COPY OF LETTER DATED 12/07/2010.**|
|**ANNEXURE A14**|**TRUE COPY OF REPLY LETTER SUBMITTED BY**|
||**THULASI DAS.**|
|**ANNEXURE A15**|**TRUE COPY OF LETTER DATED 05/01/2010 ISSUED**|
||**BY THE 3RD RESPONDENT.**|
|**ANNEXURE R4(A)**|**TRUE COPY OF GOVERNMENT LETTER NO.41904/PRC**|
||**A3/93/FIN. DATED 16/10/1993 ADDRESSED TO**|
||**THE ACCOUNTANT GENERAL.**|
|**ANNEXURE R4(B)**|**TRUE COPY OF THE CIRCULAR NO.46/2018/FIN.**|
||**DATED 08/08/2008.**|
|**ANNEXURE R4(C)**|**TRUE COPY OF WRIT APPEAL NO.759/2007 IN ITS**|
||**JUDGMENT DATED 18/08/2007.**|
|**ANNEXURE R4(D)**|**TRUE COPY OF THE ORDER OF THE HONOURABLE KERALA**|
||**ADMINISTRATIVE TRIBUNAL DATED 19/11/2012.**|
|**ANNEXURE R4(E)**|**TRUE COPY OF GO(P) NO.1041/79/(142)/FIN.**|
||**DATED 27/11/1979.**|
|**EXHIBIT P1**|**THE TRUE COPY OF THE O.A NO. 138/2016 ALONG**|
||**WITH ANNEXURES A1 TO A15.**|
|**EXHIBIT P2**|**THE TRUE COPY OF THE REPLY STATEMENT FILED**|
||**BY THE SECOND PETITIONER.**|
|**EXHIBIT P3**|**THE TRUE COPY OF THE REPLY STATEMENT FILED**|
||**BY THE THIRD PETITIONER ALONG WITH**|
||**ANNEXURES R4(a) TO R4(e).**|
|**EXHIBIT P4**|**THE TRUE COPY OF THE REJOINDER FILED BY THE**|
||**RESPONDENT.**|
|**EXHIBIT P5**|**THE TRUE COPY OF THE ORDER DATED 19-12-2017**|
||**OF THE KERALA ADMINISTRATIVE TRIBUNAL.**|
19
_**OP(KAT).2,3,5 & 7/19**_
**EXHIBIT P6 EXHIBIT P7**
**THE TRUE COPY OF M.A.NO. 470 OF 2018.**
**CERTIFIED COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 04-04-2018 IN M.A.NO. 470 OF 2018 IN O.A NO. 138 OF 2016.**
_**OP(KAT).2,3,5 & 7/19**_
20
## **APPENDIX OF OP(KAT) 7/2019**
**PETITIONER'S/S EXHIBITS:**
|**ANNEXURE A1**|**TRUE COPY OF ORDER NO.ESTT.B4/22816/94/CRD**|
|---|---|
||**DATED 28/09/1994.**|
|**ANNEXURE A2**|**TRUE COPY OF ORDER NO.34191/ESTT.B2/99/CRD**|
||**DATE 03/01/2000.**|
|**ANNEXURE A3**|**TRUE COPY OF ORDER NO.RD5/737/08/ADC/GEN.**|
||**DATED 22/07/2008.**|
|**ANNEXURE A4**|**TRUE COPY OF LETTER DATED 02/09/2013 ISSUED**|
||**BY THE 3RD RESPONDENT.**|
|**ANNEXURE A4(A)**|**TRUE COPY OF RELEVANT PAGE OF AUDIT**|
||**OBJECTION.**|
|**ANNEXURE A5**|**TRUE COPY OF REPRESENTATION DATED**|
||**22/10/2014.**|
|**ANNEXURE A6**|**TRUE COPY OF LETTER NO.19803/ESTT.**|
||**B2/2013/CRD DATED 28/01/2015 ISSUED BY THE**|
||**2ND RESPONDENT.**|
|**ANNEXURE A7**|**TRUE COPY OF ORDER NO.A 1393/12 DATED**|
||**22/04/2015.**|
|**ANNEXURE A7(A)**|**TRUE COPY OF APPENDIX I ATTACHED TO THE**|
||**ORDER DATED 22/04/2015 (A7).**|
|**ANNEXURE A7(B)**|**TRUE COPY OF APPENDIX II ATTACHED TO THE**|
||**ORDER DATED 22/04/2015 (A7).**|
|**ANNEXURE A7(C)**|**TRUE COPY OF APPENDIX III ATTACHED TO THE**|
||**ORDER DATED 22/04/2015 (A7).**|
|**ANNEXURE A7(D)**|**TRUE COPY OF APPENDIX IV ATTACHED TO THE**|
||**ORDER DATED 22/04/2015 (A7).**|
|**ANNEXURE A7(E)**|**TRUE COPY OF APPENDIX V ATTACHED TO THE**|
||**ORDER DATED 22/04/2015 (A7).**|
|**ANNEXURE A8**|**TRUE COPY OF CIRCULAR NO.5/2010/FI. DATED**|
||**14/01/2010.**|
_**OP(KAT).2,3,5 & 7/19**_
21
**ANNEXURE A9 TRUE COPY OF GOVERNMENT LETTER NO.41904/PRC-A3/93/FIN. DATED 16/06/1993.**
- **ANNEXURE A10 TRUE COPY OF RELEVANT PAGES OF CIRCULAR NO.46/2008/FIN. DATED 08/08/2008.**
- **ANNEXURE A11 TRUE COPY OF GO(RT) NO.96/71/DD DATED 21/01/1971.**
- **ANNEXURE A11(A) TRUE COPY OF GO(RT) NO. 27/90/RDD DATED 19/01/1990.**
- **ANNEXURE A12 TRUE COPY OF LETTER DATED 12/07/2010. ANNEXURE A13 TRUE COPY OF REPLY LETTER SUBMITTED BY THULASI DAS.**
- **ANNEXURE A14 TRUE COPY OF LETTER DATED 05/01/2010 ISSUED BY THE 3RD RESPONDENT.**
- **ANNEXURE R4(A) TRUE COPY OF GOVERNMENT LETTER NO.41904/PRCA3/93/FIN. DATED 16/10/1993 ADDRESSED TO THE ACCOUNTANT GENERAL.**
- **ANNEXURE R4(B) TRUE COPY OF THE CIRCULAR NO.46/2008/FIN DATED 08/08/2008.**
- **ANNEXURE R4(C) TRUE COPY OF WRIT APPEAL NO.759/2007 IN ITS JUDGMENT DATED 18/08/2007.**
- **ANNEXURE R4(D) TRUE COPY OF THE ORDER OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL DATED 19/11/2015.**
- **ANNEXURE R4(E) TRUE COPY OF GO(P) 1041/79(142)/FIN. DATED 27/11/79.**
- **EXHIBIT P1 TRUE COPY OF THE O.A. ALONG WITH ANNEXURES A1 TO A14 BEFORE THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL.**
- **EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT DATED 08.07.16 FILED BY THE 2ND PETITIONER.**
- **EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT DATED 27.05.2016 FILED BY THE 3RD PETITIONER.**
22
_**OP(KAT).2,3,5 & 7/19**_
**EXHIBIT P4 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH PETITIONER ALONG WITH ANNEXURES R4(A) TO R4(E).**
**EXHIBIT P5 A TRUE COPY OF ORDER DATED 19.12.2017 OF THE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P6 A TRUE COPY OF M.A.NO.469 OF 2018 DATED 03.03.2018 FILED BY THE RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 04.04.2018 IN M.A.NO.469 OF 2018 IN O.A.NO.146 OF 2016.**