High Court of KeralaSingle JudgeWrit petitions disposed of with directions to I...
T.K. Biju and others v. State of Kerala and others
Case / Petition Number:WP(C) No. 21924 of 2015 (and connected cases)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Devan Ramachandran
- Judgment Date
- 2022-08-02
- Court Decision / Holding
- The writ petitions are disposed to the limited extent of directing the competent Authority of IHRD to reconsider the petitioners’ claims strictly in terms of the appointment proceedings under which they were appointed, after affording all petitioners a hearing and considering all relevant inputs; this process to culminate in an appropriate order within three months from the date of judgment. Petitioners may continue in their present posts until such orders are communicated; vacancies will not be filled by other means pending the outcome. The Court clarifies that it has not yet ruled in favour of regularisation and leaves the decision to the IHRD, with all rival contentions open and subject to any controlling precedents.
- Final Disposition
- Writ petitions disposed of with directions to IHRD to reassess, in light of original appointment proceedings, the possibility of regular posts where vacancies exist; hearing to be provided; orders within three months; petitioners to remain in current posts until orders are issued; no regularisation is granted by this judgment per se; relief is limited to a post-regularisation pathway if vacancies permit and in accordance with rules and inputs.
Parties to the Case
Appellants / Petitioners
- T.K.BIJU
- GANGAPRASAD. S
- ABDUL JALLEL M.S
- V.K. SANTHAMMA
- ISHA N.I
- ALICE SYRIAC
- USHA THOMAS
- AJAYAN M.
- SAJEENDRA BABU
- TOMSON MATHEW
- MINIMOL JOSEPH
- LISSIYAMMA K.M.
- LALGIMON K.C.
- ANILKUMAR N.V.
- RAVI PRITHIYIL
- THANKAMANI P.V.
- SREEDEVI S.
- SANEESH.K.K.
- SREEJITH NV
- SUNIL KUMAR V.K.
- MUHAMMED K.
- ABDUL KABEER M.
- MANU S.N.
- POOKOYA THANGAL K.C.
- KABEER E.
- HABEEB P.M.
- MANOJ P.T.
- UNNIKRISHNAN NAIR
- VINOD P. PILLAI
- SOY C.U.
- BINO T. PHILIPOSE
- FAZALUDEEN K.
- LATHEESHKUMAR P.A.
- ASHRAF A.
- AJAYAKUMAR C.
- RAJESH M.K.
- ANISH V.T.
- N. SURESHKUMAR
- SASIKALA O.
- SHYLA BEEVI M.K.
- SUJAKUMARI V.R.
- SULAIKHA IBRAHIM
- SAINABA
- SMITHA O.
- SHEENA BEGUM
- VARGHES E .K.J
- SHEEBA.V.K
Respondents
- State of Kerala represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram-695001
- Director, Institute of Human Resources Development (IHRD), Project Towers, Vazhuthacaud, Thiruvananthapuram-695014
- Principal, Technical Higher Secondary School, IHRD Peerumed, Idukki District-685531
- Principal, College of Applied Sciences, Institute of Human Resources Development, Kutikanam, Idukki District-685531
- Principal, College of Applied Science, Institute of Human Resources Development, Kattappana, Idukki District-685508
- Director of Technical Education, Thiruvananthapuram-695001
Legal Representation & Advocates
Counsels for Petitioners
- • SRI.U.BALAGANGADHARAN
- • SRI.P.V.BABY
- • SRI.A.N.SANTHOSH
- • SRI.S.KRISHNA
- • SRI.SUJIN
- • SRI.GOVIND R.
Counsels for Respondents
- • SRI.DEEPU THANKAN, SC, IHRD
- • SRI.JOSHY THANIKAMATTAM – GP
- • SRI.JOSHY THANIKAMATTAM – GP
- • SRI.JOY THANIKAMATTAM-GP
Case Synopsis & Summary
The petitions, heard together, arise from daily-wage and other non-regular appointments under the Institute of Human Resources Development (IHRD) seeking regularisation or conversion to regular posts. The petitioners contend they were appointed on consolidated pay with assurances that vacancies would be considered for regular posts as per extant Rules and Regulations, and they have served for more than a decade. The respondents maintain that regularisation is not permissible under IHRD rules, citing precedents (notably Joy Joseph v. IHRD) and stressing that the litigation concerns IHRD’s recruitment framework rather than the official paymasters. The court accepts that petitioners cannot be granted regularisation de hors the prescribed rules; however, it distinguishes between regularisation and appointment to regular posts. It directs the competent Authority of IHRD to reconsider the petitioners’ claims strictly within the framework of the original appointment proceedings, after giving them a hearing and considering all relevant inputs. The exercise should be completed within three months from the judgment, and petitioners may continue in their current posts until orders are issued, with vacancies not being filled by other means. The judgment clarifies that while regularisation cannot be ordered, a prospective path exists to convert posts to regular status if vacancies arise and criteria are satisfied, contingent on a fresh order by IHRD. It leaves scope for the petitioners to pursue relief in light of any precedents or future developments.
Provisions of Law Cited
Right to Information Act (RTI Act)IHRD Special RulesRules for Recruitment of Last Grade ServantsG.O.(Ms) No. 692/14/H.EDN (20-08-2014) approving IHRD Special RulesCircular dated 02 May 2018 on seniority and related rules
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that they were engaged as daily wage/part-time/Last Grade employees under IHRD with an oral or written assurance that they would be considered for regular posts as vacancies arose, consistent with the extant Rules and Regulations. They have served for well over a decade, built experience, and rely on appointment letters and communications indicating an eventual regularisation or conversion to regular status. They argue that due to availability of vacancies in IHRD institutions, and because they were selected and appointed through official processes, it is legally and ethically proper to consider their regular appointment rather than continued consolidated-pay status. They urge the Court to direct IHRD to grant regular posts, or at least to initiate a process of regularisation as per the applicable Rules and Government orders in force. They request a time-bound direction to the competent Authority to decide their cases upon hearing, grounded in the appointment terms and germane inputs.
Contentions of Respondents
The respondents maintain that there is no statutory or rule-based provision for regularising daily wage/part-time employees in IHRD; they rely on established judgments, particularly Joy Joseph v IHRD, to contend regularisation is not permissible. They suggest the matter concerns IHRD’s internal recruitment framework and paymasters, and argue the Court cannot order regularisation. They emphasize that any relief must come through the existing rules, i.e., reconsideration for regular posts only if vacancies exist, and within the scope of the original appointment terms. They contend that the court’s order should respect the existing IHRD rules, the government orders, and the need for due process (hearing) before any fresh decision. The Government Pleader states willingness to comply with the Court’s directions but maintains that the relief must be anchored in the statutory framework and the vacancies available. The respondents request dismissal of any wide-scale regularisation claims and urge a cautious, rule-based approach.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Joy Joseph and Another v. Institute of Human Resources Development (IHRD) and Another | 2021(2) KLT 309 | Partly Overruled / Limited | The judgment cites Joy Joseph to support the proposition that regularisation is not permissible; however, the present decision narrows the relief to reconsideration for appointment to regular posts if vacancies exist, thus limiting and distinguishing the earlier rule. |
| W.P.(C) NO. 2660/2017 | W.P.(C) 2660/2017 | Mentioned Only | The exhibit references a previous judgment without detailed discussion or application in the reasoning of the present order. |
| W.A. No. 793 of 2013 | W.A. No. 793 of 2013 | Mentioned Only | The Appendix notes a past Government decision cited in other contexts; not central to the present judgment’s 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 DEVAN RAMACHANDRAN`**
```
TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
```
## **`WP(C) NO. 21924 OF 2015`**
## **`PETITIONERS:`**
- `1 T.K.BIJU, AGED 40 YEARS, S/O T.G. KUJUMON, TECHNICAL HIGHER SECONDARY SCHOOL , INSTITUTE OF HUMAN RESOURCES AND DEVELOPMENT PEERIMEDU, IDUKKI DISTRICT, RESIDING AT THEKKIRICKKAL HOUSE, PAINVAU, IDUKKI DISTRICT`
- `2 GANGAPRASAD. S, SECURITY GUARD, AGED 45 YEARS, S/O SREEDHARAN, COLLEGE OF APPLIED SCIENCE, PWD REST HOUSE, HUMAN RESOURCES AND DEVELOPMENT PEERIMEDU, IDUKKI DISTRICT, RESIDING AT VALIYAPURACKAL HOUSE, ETTEKKARUPUTHUVAL CHENKARA POST, VIA VANDIPERIYR, IDUKKI`
```
BY ADV SRI.U.BALAGANGADHARAN
```
## **`RESPONDENTS:`**
- `1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIURUVANANTHAPURAM-695 001`
- `2 THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PROJECT TOWERS, VAZHUTHACAUD, THIRUVANTHATHAPURAM- 695 014`
- `3 THE PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,PEERUMEDU, IDUKKI DISTRICT-685 531`
- `4 THE PRINCIPAL, COLEGE OF APPLIED SCIENCES, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,KUTIKANAM, IDUKKI DISTRICT685 531`
- `5 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCE, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT,KATTAPANA, IDUKKI DISTRICT685 508`
```
BY ADV SRI.DEEPU THANKAN, SC, IHRD
```
```
ADV.JOSHY THANIKAMATTAM-GP
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2022, ALONG WITH WP(C).3749/2019, 5183/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
2
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`**
## **`TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944`**
## **`WP(C) NO. 33826 OF 2015`**
## **`PETITIONERS:`**
- `1 AJAYAN M., AGED 46 YEARS, S/O MADAVAN, CHETTIYAZHATHU HOUSE, CHERUVARANAM, VARANAM P.O, CHERTHALA, ALAPPUZHA DISTRICT`
- `2 SAJEENDRA BABU, KUNNUMAL HOUSE, PALAYI, NIRMALAGIRI P.O, KANNUR, NOW RESIDING AT VARANAM, KIRACHI, POST VENGAD, KANNUR`
- `3 ABDUL JALLEL M.S MADATHIL HOUSE, KADUVANKKAL WARD NEAR VALIYAKULAM, VALLIKUNNAM P.O, MAVELIKKARA`
- `4 V.K. SANTHAMMA, PARATHZHATH HOUSE, KADANADU P.O, PALA, KOTTAYAM DISTRICT`
- `5 ISHA N.I, NAINUKUNNEL HOUSE, KARIMANOOR P.O, IDUKKI DISTRICT`
- `6 ALICE SYRIAC, ANJANIKKAL HOUSE, KAIPILLY P.O, ERATTUPETTA, KOTTAYAM DISTRICT, NOW RESIDING AT NADUVILEKIZHAKKEL HOUSE, P.O, NADACKAL, ERATTUPETTA, KOTTAYAM DISTRICT`
- `7 USHA THOMAS, KUMBATTU HOUSE, IDUKKI COLONY P.O, VAZHATHOPPU, IDUKKI DISTRICT`
```
BY ADVS.
SRI.P.V.BABY
SRI.A.N.SANTHOSH
```
## **`RESPONDENTS:`**
- `1 THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014, REPRESENTED BY ITS DIRECTOR`
WPC 21924/15 & connected
3
- `2 DIRECTOR, THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014`
- `3 STATE OF KERALA, RERPESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001 BY ADV SRI.DEEPU THANKAN, SC, IHRD SRI.JOSHY THANICKAMATTAM – GP`
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C).21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
4
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
WP(C) NO. 3749 OF 2019
```
## **`PETITIONERS:`**
- `1 LISSIYAMMA K.M., AGED 55 YEARS, W/O A.D. JOHNSON, LAST GRADE SERVANT/FULL TIME SWEEPER, COLLEGE OF APPLIED SCIENCES, NEDUMKANDAM, IDUKKI-685553, RESIDING AT ARIKEL HOUSE, CHINNAKKANAL P.O., IDUKKI-685618.`
- `2 LALGIMON K.C., AGED 43 YEARS, SECURITY GUARD, COLLEGE OF APPLIED SCIENCES, CHEMENI, PETTIKUNDU P.O., KASARAGOD-671313.RESIDING AT KALLEPPURAYIDATHIL, CHANEDUKKAM, CHEEMENI, PETTUKUNDU P.O., KASARAGOD-671313.`
- `3 ANILKUMAR N.V., AGED 40 YEARS, S/O V.B. KRISHNAN, SECURITY GUARD, COLLEGE OF APPLIED SCIENCES, CHEEMENI, PETTIKUNDU P.O., KASARAGOD-671313, RESIDING AT NADUVELI VEETTIL, KARIPPU P.O., CHAPURAPADAV VIA., PERUMPADEM, KANNUR DISTRICT670581.`
- `4 TOMSON MATHEW, AGED 44 YEARS, S/O MATHEW, SECURITY GUARD, COLLEGE OF APPLIED SCIENCES, KATTAPPANA, IDUKKI-685508, RESIDING AT PANACKACHERI HOUSE, KOCHUTHOVALA P.O., KATTAPPANA, IDUKKI-685514.`
- `5 MINIMOL JOSEPH, AGED 43 YEARS, W/O REJI MATHEW, COLLEGE OF APPLIED SCIENCES, KATTAPPANA, IDUKKI685508, RESIDING AT POKKAMTHAKIDIYIL, KADAMAKUZHI, VELLAAKKADAVU, IDUKKI-685`
## `BY ADV U.BALAGANGADHARAN`
## **`RESPONDENTS:`**
- `1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.`
WPC 21924/15 & connected
5
- `2 THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PROJECT TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001.`
- `3 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCES, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, NEDUMKANDAM, IDUKKI DISTRICT-685553.`
- `4 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCES, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, KATTAPANA, IDUKKI DISTRICT-685508.`
- `5 THE PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, CHEEMENI, PETTIKUNDU P.O.,KSARAGOD DISTRICT671313.`
- `6 THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695001.`
```
BY ADV SRI.DEEPU THANKAN
SRI.JOSHY THANICKAMATTAM – GP
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C).21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
6
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
# **`PRESENT`**
```
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
WP(C) NO. 5183 OF 2019
```
## **`PETITIONERS:`**
- `1 RAVI PRITHIYIL, PART TIME SWEEPER, COLLEGE OF APPLIED SCIENCE, KOOTHUPARAMBA, KANNUR DISTRICT.`
- `2 THANKAMANI P.V., PART TIME SWEEPER, COLLEGE OF APPLIED SCIENCE,CHEEMENI, KANNUR DISTRICT.`
```
BY ADV P.V.BABY
```
## **`RESPONDENTS:`**
- `1 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCE, KOOTHUPARAMABA, KANNUR DISTRICT- 670643.`
- `2 THE PRINCIPAL, COLLEGE OF APPLICED SCIENCE, KOOTHUPARAMABA, CHEEMENI, KANNUR DISTRICT- 671313.`
- `3 DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD), PRAJOE TOWERS, VAZHUTHACAD, TRIVANDRUM695014.`
- `4 STATE OF KERALA, REPRESENTED BY SECRETARY TO HIGHER EDUCATION (J) DEPARTMENT, SECRETARIAT, TRIVANDRUM- 695001.`
```
BY ADV SRI.DEEPU THANKAN, SC, IHRD
SRI.JOSHY THANICKAMATTAM
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C).21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
7
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`**
```
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
```
## **`WP(C) NO. 6210 OF 2019`**
## **`PETITIONER:`**
```
SREEDEVI S., AGED 47 YEARS
W/O.SUDARSAN, RESIDING AT PAYATTUVILA VEEDU,
EZHUKONE.P.O., KOLLAM - 691505, PH.9447079731.
```
```
BY ADVS.
ELVIN PETER P.J.
SRI.K.R.GANESH
```
## **`RESPONDENTS:`**
- `1 THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.`
- `2 THE DIRECTOR, THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.`
- `3 THE PRINCIPAL, COLLEGE OF ENGINEERING, KOTTARAKKARA, THIKKAMANGALAM, E.T.C.P.O., KOTTARAKKARA, KOLLAM-691531.`
```
BY ADV SRI.DEEPU THANKAN, SC, IHRD
SRI.JOSHY THANICKAMATTAM – GP
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C).21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
8
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
```
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
```
## **`WP(C) NO. 7444 OF 2019`**
## **`PETITIONERS :`**
1 `SANEESH.K.K., S/O SURENDRAN, WATCHER, EMS MEMORIAL COLLEGE OF APPLIED SCIENCES, KILIYANTHARA,PO IRITTY, KANNUR DISTRICT, PINCODE 670 706, RESIDING AT SOPANAM, KENNETH, KILIYANTHARA PO, KANNUR 670 706.`
2
```
SREEJITH NV, S/O KUNJAMBU NAIR, WATCHER, COLLEGE
OF APPLIED SCIENCE, NERUVAMBRAM PO, EZHOME, KANNUR
670 334, RESIDING AT ‘DEVIKA’, ATHIYADAM, SREESTHA
PO, KANNUR 670 303
```
```
BY ADV S.KRISHNA
```
## **`RESPONDENTS:`**
- `1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM 695 001`
- `2 INSTITUTE OF HUMAN RESOURCE DEVEOPMENT, REP. BY ITS DIRECTOR, PROJECT TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014`
- `3 THE PRINCIPAL, EMS MEMORIAL COLLEGE OF APPLIED SCIENCES, KILIYANTHARA, PO IRITTY, KANNUR DIST, PINCODE 670 706.`
- `4 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCE, NERUVAMBRAM PO, EZHOME, KANNUR 670 334`
```
BY ADV SRI.DEEPU THANKAN, SC, IHRD
SRI.JOSHY THANICKAMATTAM – GP
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C).21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
9
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`**
```
TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
```
## **`WP(C) NO. 24679 OF 2020`**
## **`PETITIONERS:`**
- `1 VARGHESE .K.J, AGED 52 YEARS, S/O.JOSEPH, RESIDING AT KUMBUKKAL HOUSE,KOLAYAD.P.O, PUNNAPPALAM,KANNUR DISTRICT,PIN-670650.`
- `2 SHEEBA.V.K, AGED 51 YEARS, D/O.KUMARAN, VELLIKOTH,MANAKKAD, THODUPUZHA-685608.`
```
BY ADV S.SUJIN
```
## **`RESPONDENTS:`**
- `1 THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD)`
```
PROJECT TOWERS,VAZHUTHAKKAD.P.O,
```
- `THIRUVANANTHAPURAM, PIN-695014, REPRESENTED BY ITS DIRECTOR.`
- `2 THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT(IHRD), PROJECT TOWERS, VAZHUTHAKKAD.P.O, THIRUVANANTHAPURAM,PIN-695014.`
- `3 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCE, KOOTHUPARAMBU,PIN-670643.`
- `4 THE PRINCIPAL, COLLEGE OF APPLIED SCIENCE, THODUPUZHA,PIN-685587.`
- `5 THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.`
```
BY ADV SHRI.DEEPU THANKAN, SC, IHRD
SRI.JOSHY THANICKAMATTAM – GP
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C).21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`**
## **`TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944`**
## **`WP(C) NO. 15851 OF 2020`**
## **`PETITIONERS:`**
- `1 SUNIL KUMAR V.K., S/O. KRISHNAN EZHUTHACHAN, WATCHERCUM-PEON, TECHNICAL HIGHER SECONDARY SCHOOL, GOVERNMENT U.P. SCHOOL CAMPUS, AVANUR P.O., VARADIUM, THRISSUR DISTRICT-680541, RESIDING AT VADASSERY HOUSE, AVANOOR P.O., THRISSUR-680541.`
- `2 MUHAMMED K., S/O. HAMSA, WATCHER-CUM-PEON COLLEGE OF APPLIED SCIENCE, THAMARASSERY, KORANGAD, THAMARASSERY P.O., KOZHIKODE DISTRICT-673573, RESIDING AT KUDILATTUMMAL HOUSE, AVILORA P.O., KODUVALLY, KOZHIKODE-673572.`
- `3 ABDUIL KABEER M., S/O. MUHAMMAD, WATCHER-CUM-PEON TECHNICAL HIGEHR SECONDARY SCHOOL, VAZHAKKAD POST, MALAPPURAM DISTRICT-673640, RESIDING AT MAYALANGOT HOUSE, VAZHAKKAD P.O., MALAPPURAM-673640.`
- `4 MANU S.N., S/O. SREEDHARAN NAIR, WATCHER-CUM-PEON, COLLEGE OF APPLIED SCIENCE, DHANUVACHAPURAM, NKM HS SCHOOL CAMPUS, DHANUVACHAPURAM, THIRUVANANTHAPURAM DISTRICT-695503, RESIDING AT SREE VILASOM, PERUMTHARATHALA, KARAKONAM P.O., T HIRUVANANTHAPURAM-695504.`
- `5 POOKOYA THANGAL K.C., S/O. ATTAKOYA THANGAL, WATCHER -CUM-PEON, TECHNICAL HIGHER SECONDARY SCHOOL, VAZHAKKAD POST, MALAPPURAM DISTRICT-673640, RESIDING AT CHERUVALATH HOUSE, MAPROM, CHERUVAYUR, MALAPPURAM-673645.`
- `6 KABEER E., S/O. KHALID E., WATCHER-CUM-PEON TECHNICAL HIGEHR SECONDARY SCHOOL, PERINTHALMANNA, NEAR GOVERNMENT POLYTECHNIC HOSTEL, ANGADIPURAM P.O., MALAPPURAM DISTRICT-679321, RESIDING AT ERUMPURAYIL HOUSE, VALIYANGADI, PERINTHALMANNA, MALAPPURAM-679327.`
- `7 HABEEB P.M., S/O. MUHAMMAD P.P., WATCHER-CUM-PEON, MODEL ENGINEERING COLLEGE, BMC P.O., THRIKKAKARA, KOCHI DISTRICT-682021, RESIDING AT PADANNATTU HOUSE, THRIKKAKARA P.O., KOCHI-682021.`
WPC 21924/15 & connected
11
- `8 MANOJ P.T., S/O. K.G. THAMBI, WATCHER-CUM-PEON, TECHNICAL HIGHER SECONDARY SCHOOL, PUTHUPPALLY, PUTHUPPALLY P.O., KOTTAYAM DISTRICT-686011, RESIDING AT PUTHUPARAMBIL HOUSE, ERICADU, PUTHUPPALLY P.O., KOTTAYAM-686011.`
- `9 UNNIKRISHNAN NAIR, S/O. NARAYANA KURUP, WATCHERCUM-PEON, TECHNICAL HIGEHR SECONDARY SCHOOL, ADOOR, KIP CAMPUS, ADOOR P.O., PATHANAMTHITTA DISTRICT-691523, RESIDING AT PARUTHIKKAL HOUSE, THOTTUVA, ANEDY P.O., PATHANAMTHITTA-690561.`
- `10 VINOD P. PILLAI, S/O PURUSHOTHAMAN PILLA, WATCHERCUM-PEON, COLLEGE OF APPLIED SCIENCE PARISSERY, PARISSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT689126, RESIDING AT PAZAVOOR PADINJATHETHIL, ERAMATHOOR P.O., MANNAR, ALLEPPEY-689622.`
- `11 SOY C.U., S/O. C.K. ULAHANNAN, WATCHER-CUM-PEON, COLLEGE OF APPLIED SCIENCE PUTHUPPALLY, PAYYAPPADY P.O., PUTHUPPALLY, KOTTAYAM-686034, RESIDING AT CHERUVIL PURAYIDAM, SOUTH PAMPADY P.O., KOTTAYAM686521.`
- `12 BINO T. PHILIPOSE, S/O. I.K. PHILIPOSE, WATCHERCUM-PEON, COLLEGE OF APPLIED SCIENCE PUTHUPPALLY, PAYYAPPADY P.O., PUTHUPPALLY, KOTTAYAM-686034, RESIDING AT THEKKEKARA, SOUTH PAMPADY P.O., KOTTAYAM-686521.`
- `13 FAZALUDEEN K., S/O. KOCHU THAMBI RAWTHER, WATCHERCUM-PEON, COLLEGE OF ENGINEERING, CHENGANNUR, ALAPPUZHA DISTRICT-689121, RESIDING AT PUTHEN KULATHIL KIZAKKETHIL, CHENGANNUR, ALAPPUZHA DISTRICT-689121.`
- `14 LATHEESHKUMAR P.A., S/O. P.V. APPUKUTTAN, WATCHERCUM-PEON, COLLEGE OF ENGINEERING, CHENGANNUR, ALAPPUZHA DISTRICT-689121, RESIDING AT PADINJARA VEETTIL, KUDAMALLUR P.O., KOTTAYAM-686017.`
- `15 ASHARAF A., S/O. P.V. AHAMMED KUNJU RAVUTHAR, WATCHER-CUM-PEON, COLLEGE OF ENGINEERING, CHENGANNUR, ALAPPUZHA DISTRICT-689121, RESIDING AT KARINGALI KANDATHIL, KADAKKAD P.O., PANDALAM-689501.`
WPC 21924/15 & connected
12
- `16 AJAYAKUMAR C., WATCHER-CUM-PEON, COLLEGE OF APPLIED SCIENCE KUNDARA, THETTIKUNNAM, KUNDARA P.O., KOLLAM DISTRICT-691501, RESIDING AT HARI NIVAS, WEST KALLADA, KUNNATHUR P.O., KOLLAM-690540.`
- `17 RAJESH M.K., S/O. SASIDHARAN, WATCHER-CUM-PEON, TECHNICAL HIGHER EDUCATIONAL SECONDARY SCHOOL, WEST VANITHA ENGINEERS CO-OPERATIVE SOCIETY BUILDING, PERISSERY P.O., CHENGANNUR-689121, RESIDING AT MUDIYIL HOUSE, PULIYOOR P.O., CHENGANNUR-689510.`
- `18 ANISH V.T., WATCHER-CUM-PEON, COLLEGE OF ENGINEERING, POONJAR, PALAKKAD, RESIDING AT VAKAVAYALIL HOUSE, KALAKETTY P.O., PINNAKKANADU, KOTTAYAM-686508.`
- `19 N. SURESHKUMAR, S/O. K. NARAYANAN, WATCHER-CUMPEON, COLLEGE OF ENGINEERING, CHENGANNUR, ALAPPUZHA DISTRICT-689121, RESIDING AT POROOR HOUSE, KOIPALLIKARANMA, OLAKETTIAMBALAM P.O., MAVELIKKARA -690510.`
- `20 SASIKALA O., D/O. SADASIVAN NAIR K., SWEEPER-CUMPEON, COLLEGE OF APPLIED SCIENCE, DHANUVACHAPURAM, NKM H.S. SCHOOL CAMPUS, DHANUVACHAPURAM, THIRUVANANTHAPURAM DISTRICT-695503, RESIDING AT KAMALA BHAVAN, GANDHIPURAM, CHAPPATH, KOTTUKAL P.O., KOTTAYAM DISTRICT-695501.`
- `21 SHYLA BEEVI M.K., D/O. KASSIM RAWTHER, SWEEPERCUM-PEON, COLLEGE OF APPLIED SCIENCE, MALLAPPALLY, PEAKUZHIYIL BUILDINGS, MALLAPPALLY (W) P.O., PATHANAMTHITTA DISTRICT-686585, RESIDING AT NIZAM MANSIL, MAMOOD P.O., CHANGANACHERRY-686536.`
- `22 SUJAKUMARI V.R., D/O. RAGHAVA KAIMAL, SWEEPER-CUMPEON, COLLEGE OF ENGINEER, CHENGANNUR, ALAPPUZHA DISTRICT-689121, RESIDING AT AZHAKIYA KAVIL, PADINJARETHIL, KALLISSERY P.O., CHENGANNUR-689124.`
- `23 SULAIKHA IBRAHIM, W/O.IBRAHIM, SWEEPER-CUM-PEON, COLLEGE OF APPLIED SCIENCES, MANATHAVADY, WAYANAD670645, RESIDING AT POKKAN HOUSE, KARAKKAMALA COAST, MANATHAVADY, WAYANAD-670645.`
- `24 SAINABA, D/O.MOHAMMED HASSAN RAVOOTHER, SWEEPER-`
WPC 21924/15 & connected
13
```
CUM-PEON, COLLEGE OF ENGINEERING, MANAKAL P.O.,
ADOOR, APTHANAMTHITTA-691551, RESIDING AT SHIJIN
NIVAS, PARAKODE P.O., ADOOR, PATHANAMTHITTA-
691554.
```
- `25 SMITHA O., D/O. GANGADHARAN PILLAI, SWEEPER-CUMPEON, COLLEGE OF ENGINEERING, MANAKALA P.O., ADOOR, PATHANAMTHITTA-691551, RESIDENCY NANDANAM KAITHACKAL, ANAYADI P.O., PATHANAMTHITTA – 690561.`
- `26 SHEENA BEGUM, D/O. BADHARUDEEN S., SWEEPER-CUMPEON, COLLEGE OF ENGINEERING, MANAKALA P.O., ADOOR, PATHANAMTHITTA-691551, RESIDING AT NEDIYA VILAYIL, CHUNAKKARA (S), CHARUMMOODU P.O., ALLEPPEY-690505.`
```
BY ADVS.
GOVIND R.
KUM.S.KRISHNA
```
## **`RESPONDENTS:`**
- `1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM-695001.`
- `2 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, REPRESENTED BY ITS DIRECTOR, PROJECT TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.`
```
BY ADV SRI.DEEPU THANKAN
ADV.JOSHY THANIKAMATTAM-GP
```
```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2022, ALONG WITH WP(C) 21924/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
WPC 21924/15 & connected
14
## **`JUDGMENT`**
The petitioners in these cases – which have been heard together on account of the analogous factual circumstances presented and the similarity in reliefs sought – are stated to have been selected as daily wage employees under the Institute of Human Resources Development (IHRD) and provisionally appointed against various posts like Security Guards, Sweepers, Last Grade Servants etc. on consolidated pay.
2. The petitioners assert that when they were appointed, they were given an assurance that they will be considered for appointment to regular posts in accordance with the extant Rules and Regulations, as and when vacancies arise. They say that they have been working for the last more than 11 years in the services of the IHRD, but that the afore offer given to them, has not been adverted to or granted until now. They, therefore, pray that the competent Authority of the IHRD be directed to consider their appointment to regular posts, since vacancies are now available.
3. The afore submissions of Sri.U.Balagangadharan,
WPC 21924/15 & connected
15
Sri.P.V.Baby, Sri.Elvin Peter, Smt.S.Krishna and Sri.S.Sujin – learned counsel for the petitioners in these matters, were answered by Sri.Deepu Thankan – learned Standing Counsel for the IHRD, saying that there are judgments by this Court, including that of a learned Division Bench, to the effect that no regularisation of employees is permissible under the IHRD. He relied on Joy Joseph and Another v. Institute of Human Resources Development (IHRD) and Another [2021(2) KLT 309] in substantiation of the same; and added that, therefore, there is no question of regularisation of the petitioners, these Writ Petitions thus being incompetent.
4. The learned Government Pleader – Sri.Joshy Thanickamattam appearing on behalf of the official respondents, submitted that the controversy projected by the petitioners has nothing to do with the official respondents at this point of time, though they are the Pay Masters; and therefore, that they will abide by any order to be issued by this Court.
5. When I consider the afore submissions, particularly that of Sri.Deepu Thankan, it is evident that, if the petitioners
WPC 21924/15 & connected
16
have sought only for regularisation, it cannot be acceded to by this Court because it is conceded that they are relying upon their appointment letter at the time when they were appointed in the year 2011 or so. One such letter is available on record as Ext.P9 along with WP(C)No.21924/2015 and it is admitted that all the petitioners rely upon similar or identical proceedings when they were appointed.
6. Going by these proceedings, IHRD appears to have only promised the incumbent that he/she ‘will be considered for appointment to regular posts in accordance with the Rules and Regulations in force as and when vacancies arise’ (sic). Obviously,
therefore, the petitioners cannot seek regularisation of their appointments; but, at the best, they can only seek appointment to regular posts, if vacancies are now available.
7. Since the learned counsel for the petitioners affirm that vacancies are available, I am of the firm view that their request will have to be considered by the IHRD appropriately, adverting to their qualifications and such other criteria as are necessary.
8. In fact, I am persuaded to the above view because, the
WPC 21924/15 & connected
17
IHRD appears to have considered and rejected the claims of the petitioners in the past, as if they were requesting for regularisation and this is manifest from Ext.P6 produced along with WP(C)No.21924/2015, wherein, they say that such a course cannot be adopted.
In the afore circumstances, I order these Writ Petitions to the limited extent of directing the competent Authority of the IHRD to reconsider the claims of the petitioners strictly in terms
of the proceedings under which they were appointed - and in which an offer to consider their appointments to regular posts, as and when vacancies arise, have been made – after affording all
of them an opportunity of being heard and adverting to all relevant and germane inputs and aspects; thus culminating in an appropriate order and necessary action with respect to each of them, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore exercise is completed and the resultant orders communicated to the petitioners, they will be allowed to continue in the present posts
WPC 21924/15 & connected
18
and the available vacancies will not be filled up through any other means.
I, however, clarify that this Court has not found affirmatively in favour of the petitioners yet and that it is up to the competent Authority of the IHRD to consider the claims appropriately; for which purpose, all rival contentions are left open.
That said, if there are any precedents from this Court or from the Honourable Supreme Court against the claims of the petitioners, same can also be adverted to by the IHRD; but their opinion on the same shall be reflected in the resultant order, so as to enable the petitioners to obtain recourse to law, if it becomes so warranted in future.
```
Sd/-
```
```
RR
```
```
DEVAN RAMACHANDRAN
```
```
JUDGE
```
WPC 21924/15 & connected
19
## **`APPENDIX OF WP(C) 3749/2019`**
```
PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE COMMUNICATION DATED
8.7.2008 RECEIVED FROM THE OFFICE OF THE
2ND RESPONDENT UNDER THE RTI ACT
EXHIBIT P2A TRUE COPY OF THE PROCEEDINGS DATED
2.9.1998 OF THE 2ND RESPONDENT
EXHIBIT P3A TRUE COPY OF THE PROCEEDINGS DATED
1.2.2001 OF THE 2ND RESPONDENT
APPOINTING THE 2ND PETITIONER
EXHIBIT P4A TRUE COPY OF THE ORDER DATED 8.3.2001
OF TH 2ND RESPONDENT APPOINTING THE 3RD
PETITIONER
EXHIBIT P5A TRUE COPY OF THE ORDER DATED
12.12.2001 OF THE 2ND RESPONDENT
APPOINTING THE 4TH PETITIONER
EXHIBIT P6A TRUE COPY OF THE ORDER DATED 19.9.2001
OF THE 2ND RESPONDENT APPOINTING THE 5TH
PETITIONER
EXHIBIT P7A TRUE COPY OF THE APPROVED RULES FOR
RECRUITMENT LAST GRADE SERVANTS DATED
22.3.2008
EXHIBIT P8A TRUE COPY OF THE RELEVANT PAGES OF
IHRD SPECIAL RULES
EXHIBIT P9A TRUE COPY OF THE CONSOLIDATED ORDER
ISSUED BY THE 2ND RESPONDENT DATED
3.3.2011
EXHIBIT P10A TRUE COPY OF THE APPOINTMENT ORDER
DATED 3.3.2011 ISSUED TO ONE OF THE
PETITIONERS (2ND PETITIONER)
EXHIBIT P11A TRUE COPY OF THE COMMUNICATION DATED
4.12.2013 RECEIVED FROM THE OFFICE OF
THE 2ND RESPONDENT UNDER THE RTI ACT
EXHIBIT P12A TRUE COPY OF THE REPRESENTATION DATED
16.11.2018 SUBMITTED BY THE 2ND
PETITIONER TO TE 2ND RESPONDENT
EXHIBIT P13A TRUE COPY OF THE REPRESENTATION DATED
16.11.20189 SUBMITTED BY THE 3RD
PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P14A TRUE COPY OF THE COVERING LETTER DATED
16.11.2018 FORWARDED BY THE 5TH
RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT P15A TRUE COPY CIRCULAR DATED 2.5.2018
ISSUED BY THE 2ND RESPONDENT ENCLOSING
THEREWITH FINAL SENIORITY (RELEVANT
```
WPC 21924/15 & connected
20
```
PAGES)
```
```
EXHIBIT P16A TRUE COPY OF THE ORDER DATED
15.11.2018 OF THE 2ND RESPONDENT
EXHIBIT P17A TRUE COPY OF THE GOVERNMENT ORDER
DATED 14.2.2014 APPROVING THE
SUGGESTIONS AND MODIFICATIONS OF THE
COMMITTEE AS SUGGESTED BY THE DIRECTOR
OF TECHNICAL EDUCATION
EXHIBIT P18A TRUE COPY OF THE ABSTRACT
RESPONDENT EXHIBITS
EXHIBIT R2 (A)TRUE COPY OF THE GOVERNMENT ORDER DATED
20.08.2014
EXHIBIT R2(B)TRUE COPY OF THE GOVERNMENT LETTER DATED
01.03.2016
```
WPC 21924/15 & connected
21
## **`APPENDIX OF WP(C) 5183/2019`**
|`PETITIONER EXHIBITS`||
|---|---|
|`EXHIBIT P1`|`TRUE PHOTOCOPY OF THE APPOINTMENT ORDER`|
||`DATED 28.12.2000 ISSUED BY THE 3RD`|
||`RESPONDENT TO THE 1ST PETITIONER.`|
|`EXHIBIT P2`|`TRUE PHOTOCOPY OF THE APPOINTMENT ORDER`|
||`DATED 01.02.2001 ISSUED BY THE 3RD`|
||`RESPONDENT TO THE 2ND PETITIONER.`|
|`EXHIBIT P3`|`TRUE PHOTOCOPY OF THE REQUEST BY THE`|
||`1ST RESPONDENT TO THE 3RD RESPONDENT`|
||`DATED 24.12.2014.`|
|`EXHIBIT P4`|`TRUE PHOTOCOPY OF THE REPRESENTATION`|
||`DATED 08.11.2016 SUBMITTED BY THE 2ND`|
||`PETITIONER TO THE 3RD RESPONDENT.`|
|`EXHIBIT P5`|`TRUE PHOTOCOPY OF THE COMMUNICATION`|
||`DATED 21.07.2015 ISSUED BY THE 3RD`|
||`RESPONDENT TO THE 1ST RESPONDENT.`|
|`EXHIBIT P6`|`TRUE PHOTOCOPY OF THE COMMUNICATION`|
||`DATED 21.11.2015 ISSUED BY THE 3RD`|
||`RESPONDENT TO HEAD OF INSTITUTION OF`|
||`IHRD.`|
|`EXHIBIT P7`|`TRUE PHOTOCOPY OF THE ORDER DATED`|
||`29.01.2015 ISSUED BY THE 3RD RESPONDENT`|
||`REGULARIZING THE SERVICE OF PART TIME`|
||`EMPLOYEE.`|
|`RESPONDENT EXHIBITS`||
|`EXHIBIT-R3(A)`|`TRUE COPY OF THE ORDER G.O(MS)`|
||`692/14/H.EDN. DATED 20/08/2014`|
|`EXHIBIT-R3(B)`|`TRUE COPY OF THE MINUTES OF 92ND`|
||`MEETING OF THE EXECUTIVE COMMITTEE OF`|
||`IHRD DATED 12/05/2015`|
|`EXHIBIT-R3(C)`|`TRUE COPY OF THE GOVERNMENT LETTER NO.`|
||`J3/109/16/H.EDN. DATED 01/03/2016`|
WPC 21924/15 & connected
22
## **`APPENDIX OF WP(C) 6210/2019`**
```
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE ORDER
NO.EA2/15076/2007/HRD DATED 18.4.2008
FOR A PERIOD OF 179 DAYS.
EXHIBIT P2TRUE COPY OF THE CERTIFICATE DATED
5.8.2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
7.8.2015 SUBMITTED BY THE PETITIONER
BEFORE THE HON'BLE CHIEF MINISTER.
EXHIBIT P4TRUE COPY OF THE LETTER
NO.E-03/ESTT/2016/CEKA DATED 6.1.2016
ISSUED BY THE 3RD RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P5TRUE COPY OF THE REPORT SUBMITTED BY
THE 3RD RESPONDENT.
EXHIBIT P6TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 1.12.2018.
EXHIBIT P7TRUE COPYOF THE COMMUNICATION NO.
EB2/72/2021/HRD DATED 22.01.2021 ISSUED
BY THE 2ND RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT-R2(a)TRUE COPY OF THE GOVERNMENT LETTER
DATED 01.03.2016.
EXHIBIT-R2(b)TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.2660/2017 DATED 08.08.2018 PASSED BY
THIS HONBLE COURT.
```
WPC 21924/15 & connected
23
## **`APPENDIX OF WP(C) 7444/2019`**
|`PETITIONER EXHIBITS`||
|---|---|
|`Exhibit P1`|`A TRUE COPY OF THE PROCEEDINGS DATED`|
||`02.09.1998 OF THE 2ND RESPONDENT.`|
|`Exhibit P2`|`A TRUE COPY OF THE APPROVED RULES FOR`|
||`RECRUITMENT OF LAST GRADE SERVANTS DATED`|
||`22.03.2008.`|
|`Exhibit P3`|`A TRUE COPY OF THE RELEVANT EXTRACTS OF`|
||`THE IHRD SPECIAL RULES.`|
|`Exhibit P4`|`A TRUE COPY OF THE ORDER DATED`|
||`17.06.2011 ISSUED BY THE 2ND RESPONDENT`|
||`FOR THE 1ST PETITIONER.`|
|`Exhibit P5`|`A TRUE COPY OF THE ORDER DATED`|
||`17.06.2011 ISSUED BY THE 2ND RESPONDENT`|
||`FOR THE 2ND PETITIONER.`|
|`Exhibit P6`|`A TRUE COPY OF THE COMMUNICATION DATED`|
||`04.12.2013 RECEIVED FROM THE OFFICE OF`|
||`THE 2ND RESPONDENT.`|
|`Exhibit P7`|`A TRUE COPY OF THE CIRCULAR DATED`|
||`02.05.2018 ISSUED BY THE 2ND RESPONDENT.`|
|`Exhibit P8`|`A TRUE COPY OF THE ORDER DATED`|
||`15.11.2018 ISSUED BY THE 2ND RESPONDENT.`|
|`Exhibit P9`|`A TRUE COPY OF THE GOVERNMENT ORDER`|
||`DATED 14.02.2014 APPROVING THE`|
||`SUGGESTIONS AND MODIFICATIONS AS`|
||`SUGGESTED BY THE DIRECTOR OF TECHNICAL`|
||`EDUCATION.`|
|`RESPONDENT EXHIBITS`||
|`EXHIBIT R2(a)`|`TRUE COPY OF THE SPECIAL RULES IHRD AS`|
||`APPROVED BY THE GOVERNMENT AS PER`|
||`G.O(MS) NO.692/14/H.EDN. DATED`|
||`20.8.2014.`|
|`EXHIBIT R2(b)`|`TRUE COPY OF THE GOVERNMENT LETTER DATED`|
||`1/3/2016.`|
WPC 21924/15 & connected
24
## **`APPENDIX OF WP(C) 24679/2020`**
```
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE APPOINTMENT ORDER DATED
14.12.2000 OF THE 1ST PETITIONER ISSUED
BY THE ADDITIONAL DIRECTOR IN CHARGE OF
DIRECTOR.
```
```
EXHIBIT P2TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED
08.12.2000.ISSUED BY THE ADDITIONAL
DIRECTOR IN CHARGE OF DIRECTOR.
EXHIBIT P3TRUE COPY OF THE ORDER ISSUED TO THE 1ST
PETITIONER DATED 03.03.2011.
EXHIBIT P4TRUE COPY OF THE ORDER ISSUED TO THE 2ND
PETITIONER DATED 03.03.2011
EXHIBIT P5TRUE COPY OF THE LIST OF CANDIDATES WHO
WERE REGULARIZED IN THE SERVICE OF THE
IHRD
EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED
07.12.2016 IN W.A.NO.793 OF 2013.
```
WPC 21924/15 & connected
25
## **`APPENDIX OF WP(C) 33826/2015`**
|`PETITIONER EXHIBITS`||
|---|---|
|`Exhibit P1`|`A TRUE PHOTOCOPY OF THE APPOINTMENT`|
||`ORDER ISSUED TO THE 1ST PETITIONER DATED`|
||`3.3.2011 BY THE 1ST RESPONDENT.`|
|`Exhibit P2`|`A TRUE PHOTOCOPY OF THE APPOINTMENT`|
||`ORDER ISSUED TO THE 2ND PETITIONER DATED`|
||`3.3.2011 BY THE 1ST RESPONDENT.`|
|`Exhibit P3`|`A TRUE PHOTOCOPY OF THE APPOINTMENT`|
||`ORDER ISSUED TO THE 3RD PETITIONER DATED`|
||`3.3.2011 BY THE 1ST RESPONDENT.`|
|`Exhibit P4`|`A TRUE PHOTOCOPY OF THE APPOINTMENT`|
||`ORDER ISSUED TO THE 5TH PETITIONER DATED`|
||`3.3.2011 BY THE 1ST RESPONDENT.`|
|`Exhibit P5`|`A TRUE PHOTOCOPY OF THE APPOINTMENT`|
||`ORDER ISSUED TO THE 6TH PETITIONER DATED`|
||`3.3.2011 BY THE 1ST RESPONDENT.`|
|`Exhibit P6`|`A TRUE PHOTOCOPY OF THE APPOINTMENT`|
||`ORDER ISSUED TO THE 7TH PETITIONER DATED`|
||`3.3.2011 BY THE 1ST RESPONDENT.`|
|`Exhibit P7`|`A TRUE PHOTOCOPY OF THE SERVICE`|
||`CERTIFICATE DATED 29.01.2010 ISSUED BY`|
||`THE HEAD OF THE INSTITUTION WHERE THE`|
||`1ST PETITIONER IS WORKING.`|
|`Exhibit P8`|`A TRUE PHOTOCOPY OF THE CIRCULAR DATED`|
||`24.07.205... ISSUED BY THE 1ST`|
||`RESPONDENT TO THE VARIOUS INSTITUTION`|
||`UNDER THE IHRD.`|
|`Exhibit P9`|`A TRUE PHOTOCOPY OF THE DETAILS OF THE`|
||`3RD PETITIONER FORWARDED TO THE 2ND`|
||`RESPONDENT BY THE PRINCIPAL OF THE`|
||`COLLEGE WHERE THE 3RD PETITIONER IS`|
||`WORKING 27.7.2015.`|
|`Exhibit P10`|`A TRUE PHOTOCOPY OF THE PAY REVISION`|
||`ORDER DATED 20.06.2013 ISSUED BY THE 1ST`|
||`RESPONDENT.`|
|`Exhibit P11`|`A TRUE PHOTOCOPY OF THE PAY SLIP FOR THE`|
||`MONTH OF JULY 2015 ISSUED BY THE`|
||`AUTHORITY WHERE THE 3RD PETITIONER IS`|
||`WORKING.`|
|`Exhibit P12`|`A TRUE PHOTOCOPY OF THE GOVERNING BODY`|
||`DECISION OF THE IHRD HELD ON 9.12.2014.`|
|`Exhibit P13`|`A TRUE PHOTOCOPY OF THE ORDER DATED`|
||`4.8.2016 ISSUED BY THE 2ND RESPONDENT.`|
|`Exhibit P14`|`A TRUE PHOTOCOPY OF THE SPECIAL RULE`|
WPC 21924/15 & connected
26
```
DATED 20.08.2014 OF THE 1ST RESPONDENT.
Exhibit P15A TRUE PHOTOCOPY OF THE ORDER DATED
29.01.2015 ISSUED BY THE 2ND RESPONDENT.
Exhibit P16A TRUE PHOTOCOPY OF THE COVERING LETTER
DATED 30.05.2016 ISSUED BY THE STATE
PUBLIC INFORMATION OFFICER, IHRD ALONG
WITH DOCUMENTS.
```
```
Exhibit P17A TRUE PHOTOCOPY OF THE ORDER DATED
15.11.2018 ISSUED BY THE 2ND RESPONDENT.
```
WPC 21924/15 & connected
27
## **`APPENDIX OF WP(C) 21924/2015`**
## `PETITIONER EXHIBITS`
```
EXT.P1: A TRUE COPY OF THE COMMUNICATION
NO. EC3/6941/2008/HRD DT. 8/7/08 ISSUED
BY 2ND RESPONDENT TO 1ST PETITIONER
```
```
EXT.P2: A TRUE COPY OF THE ORDER NO.
E2/7296/HRD DT. 2/9/98 ISSUED BY 2ND
RESPONDENT
```
```
EXT.P3: A TRUE COPY OF THE ORDER NO.
E1/10908/2000/HRD DT. 24/1/2001 ISSUED
BY 2ND RESPONDENT
```
```
EXT.P4: A TRUE COPY OF THE ORDER NO.
E1/10908/2000/HRD DT. 19/2/2001 ISSUED
BY 2ND RESPONDENT
```
```
EXT.P5: A TRUE COPY OF THE ORDER NO.
E4/10908/2000/HRD(2) DT. 28/12/2005
ISSUED BY 2ND RESPONDENT
```
```
EXT.P6: A TRUE COPY OF THE ORDER NO.
E410908/2000/HRD (2) DT. 19/8/2005
ISSUED BY 2ND RESPONDENT
```
```
EXT.P7: A TRUE COPY OF THE APPROVED
RULES FOR RECRUITMENT OF LAST GRADE
SERVANTS AND PART TIME STAFF UNDER IHRD
EXT.P8: A TRUE COPY OF THE RELEVANT
PAGES OF THE IHRD SPECIAL RULES ISSUED
BY 2ND RESPONDENT
```
```
EXT.P9: A TRUE COPY OF THE PROCEEDINGS
NO. EB2/16033/2010/HRD(3) DT. 3/3/11
ISSUED BY 2ND RESPONDENT
```
```
EXT.P10: A TRUE COPY OF THE PROCEEDINGS
NO. EB2/16033/2010/HRD(14) DT. 3/3/11
ISSUED BY 2ND RESPONDENT
```
```
EXT.P11: A TRUE COPY OF THE
COMMUNICATION NO RT1/12584/2013/HRD DT.
4/12/13 RECEIVED UNDER RIGHT TO
INFORMATION ACT ISSUED BY 2ND RESPONDENT
EXT.P12: A TRUE COPY OF THE ORDER NO.
EB2/4427/2014/HRD DT.11/12/14 ISSUED BY
2ND RESPONDENT
```
```
EXHIBIT P13A TRUE COPY OF THE COMMUNICATION DATED
04.08.2016 ISSUED BY THE SECOND
RESPONDENT.
EXHIBIT P14A TRUE COPY OF THE ORDER DATED
29.01.2015 ISSUED BY THE SECOND
RESPONDENT.
```
WPC 21924/15 & connected
28
```
EXHIBIT P15A TRUE COPY OF THE LIST OF EMPLOYEES WHO
WERE REGULARIZED.
```
```
EXHIBIT P15(A)A TRUE COPY OF THE LIST OF EMPLOYEES WHO
WERE REGULARIZED.
EXHIBIT P16A TRUE COPY OF THE COMMUNICATION DATED
11.12.2014 ISSUED BY THE ADMINISTRATIVE
OFFICER IN THE OFFICE OF THE SECOND
RESPONDENT.
```
```
EXHIBIT P17A TRUE COPY OF 2ND RESPONDENT ORDER NO-
EB2/5383/2018/HRD DATED 15.11.2018
```
```
RESPONDENT EXHIBITS
EXHIBIT R2(A)A TRUE COPY OF LETTER
NO.J3/109/16/H.EDN.DATED 1.3.2016 ISSUED
BY THE DEPUTY SECRETARY TO GOVERNMENT.
EXHIBIT R2(B)A TRUE COPY OF THE SPECIAL RULES IHRD AS
APPROVED BY THE GOVERNMENT AS PER G.O.
(MS).NO.692/14/H.EDN.DATED 20.8.2014.
```
WPC 21924/15 & connected
29
## **`APPENDIX OF WP(C) 15851/2020`**
```
PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE PROCEEDINGS DATED
02/09/1998 OF THE 2ND RESPONDENT.
EXHIBIT P2A TRUE COPY OF THE APPROVED RULES FOR
RECRUITMENT OF LAST GRADE SERVANTS DATED
22/03/2008.
EXHIBIT P3A TRUE COPY OF THE RELEVANT EXTRACTS OF
THE IHRD SPECIAL RULES DATED 07/02/2011.
EXHIBIT P4A TRUE COPY OF THE COMMUNICATION DATED
04/12/2013 RECEIVED FROM THE OFFICE OF
THE 2ND RESPONDENT.
EXHIBIT P5A TRUE COPY OF THE GOVERNMENT ORDER
DATED 14/02/2014 APPROVING THE
SUGGESTIONS AND MODIFICATIONS SUGGESTED
BY THE DIRECTOR OF TECHNICAL EDUCATION.
EXHIBIT P6A TRUE COPY OF THE 1ST AND LAST PAGES OF
CIRCULAR DEPICTING SENIORITY LIST DATED
02/05/2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7A TRUE COPY OF THE ORDER DATED
15/11/2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8A TRUE COPY OF THE RTI APPLICATION DATED
06/03/2020.
EXHIBIT P9A TRUE COPY OF THE RESPONSE FROM THE
STATE PUBLIC INFORMATION OFFICER UNDER
THE 2ND RESPONDENT DATED 15/05/2020.
RESPONDENT EXHIBITS
EXHIBIT R2 ATRUE COPY OF THE SPECIAL RULES IHRD AS
APPROVED BY THE GOVERNMENT AS PER G.O.
(MS) NO.692/14/H.EDN.DATED
EXHIBIT R2 BTRUE COPY OF THE GOVERNMENT LETTER
NO.J3/109/16 H.EDN.DATED 01.03.2016
EXHIBIT R2 CTRUE COPY OF THE LETTER DATED 24.07.2020
ISSUED BY THE GOVERNMENT
```