Union of India & Others vs Mukesh M & Others (OP(CAT) Nos. 58 of 2021, 57 of 2019 & 154 of 2019) High Court of Kerala at Ernakulam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944** **OP (CAT) NO. 58 OF 2021** **AGAINST THE ORDER/JUDGMENT DATED 19.12.2018 IN OA .NO.673/2015 OF** **CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONERS/RESPONDENTS IN OA:** - **1 UNION OF INDIA, REPRESENTED BY THE SECRRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE (NAVY), SOUTH BLOCK , NEW DELHI 110 011.** - **2 THE CHIEF OF THE NAVAL STAFF, INTEGRATED HEADQUARTERS (FOR P&A), MINISTRY OF DEFENCE (NAVY) 'C' WING, SENA BHAVAN, NEW DELHI-110 011.** - **3 THE FLAG OFFICER COMMANDING-IN-CHIEF HEADQUARTERS SOUTHERN NAVAL COMMAND NAVAL BASE, HEADQUARTERS SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN-682 004.** - **4 THE COMMANDING OFFICER, INS ZAMORIN, EZHIMALA, NAVAL ACADEMY P.O, CANNANORE 670 310.** **BY ADVS.** **ASSISTANT SOLICITOR GENERAL OF INDIA SRI.MANU S. ASG OF INDIA** ## **RESPONDENTS/APPLICANTS & RESPONDENTS 5 TO 13 IN O.A:** - **1 MUKESH M, AGED 28 YEARS** - **S/O. J. MURALEEDHARAN PILLAI, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN VAVAL ACADEMY, NAVAL ACADEMY P.O, EZHIMALA, CANNANORE-670 310, RESIDING AT QUARTER NO.337, TYPE II, CERA, INDIAN NAVAL ACADEMY, EZHIMALA,** OP(CAT).No.58 of 2021 :2: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 ## **KANNUR-670 310** - **2 SHRI. V.S. VISHAL, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O, EZHIMALA, CANNANORE 670 310.** - **3 SHRI. SANIL V. NAIR, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O. EZHIMALA, CANNANORE 670 310.** - **4 SHRI. P. MAHESH, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY NAVAL ACADEMY P.O, EZHIMALA, CANNANORE-670 310** - **5 SHRI. P. PRAVEEN, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY P.O, EZHIMALA, CANNANORE 670 310.** - **6 SHRI. P.T. ROHITH, SCIENTIFIC ASSISTANT , INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O, EZHIMALA, CANNANORE 670 310.** - **7 SHRI. K.V. SANDEEP, SCIENTIFIC ASSISTANT , INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O, EZHIMALA, CANNANORE 670 310.** - **8 SHRI. A.K. AJITKUMAR, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O, EZHIMALA, CANNANORE 670 310.** - **9 SHRI. K.K. SREEHARI, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O, EZHIMALA,** OP(CAT).No.58 of 2021 :3: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 ## **CANNANORE 670 310.** **10 SHRI. A. DHINESH, SCIENTIFIC ASSISTANT, DIRECTORATE OF INDIGENISATION, 5TH FLOOR, CHANAKYA BHAVAN, NEW DELHI 110 011.** **BY ADVS. SRI.M.R.HARIRAJ SMT.THANUJA ROSHAN SRI.VISWAJITH C.K SMT.MEERA RAMESH SMT.GANGA A.SANKAR SRI.CHACKOCHEN VITHAYATHIL SMT.GISHA G. RAJ SRI.REJIVUE K.C. SRI.VISHNU RAJAGOPAL SRI.ALINA ANNA KOSE SRI.T.C.GOVINDASWAMY** **THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH OP (CAT).57/2019, 154/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :4: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 OP (CAT) NO. 57 OF 2019** **AGAINST THE ORDER/JUDGMENT DATED 19.12.2018 IN OA 673/2015 OF** **CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONERS/RESPONDENTS 5,6,7,10 & 11 IN OA:** - **1 V. S. VISHAL, AGED 34 YEARS S/O SASIKUMAR P.K., SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310, RESIDING AT QUARTER NO.170 TYPE III, CERA, INDIAN NAVAL ACADEMY P.O., CANNANORE-670310.** - **2 SANIL V. NAIR, AGED 32 YEARS S/O VISWAMBARAN NAIR, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310, RESIDING AT QUARTER NO.113 TYPE III, CERA, INDIAN NAVAL ACADEMY P.O., CANNANORE-670310.** - **3 P. MAHESH, AGED 34 YEARS S/O P.M. GOPALAKRISHNAN, SCIENTIFIC ASSISTANT, INS ZAMORIAN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310, RESIDING AT QUARTER NO.115 TYPE III, CERA, INDIAN NAVAL ACADEMY P.O., CANNANORE-670310.** OP(CAT).No.58 of 2021 :5: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 - **4 K.V. SANDEEP, AGED 39 YEARS S/O VIRUNNAN K.K., SCIENTIFIC ASSISTANT, INS ZAMORIAN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310, AT PRESENT WORKING AT NAVAL AIRCRAFT YARD, KOCHI-4, RESIDING AT KADAPPULLITHARA HOUSE, ELAMKUNNAPPUZHA P.O., COCHIN-682503.** - **5 A.K. AJITKUMAR, AGED 41 YEARS S/O G.ARJUNAN, SCIENTIFIC ASSISTANT, INS ZAMORIAN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310, AT PRESENT WORKING AT NAVAL AERONAUTICAL QUALITY ASSURANCE SERVICE, NAVAL BASE, KOCHI-4, RESIDING AT J 104, JALVAYU VIHAR, MUNDAMVELI P.O., THOPPUMPADY, KOCHI-682507.** **BY ADVS. SRI.M.R.HARIRAJ SRI.K.RAJAGOPAL** **RESPONDENTS/APPLICANT AND RESPONDENTS 1,2,3,4,8,9,12,13 IN OA:** - **1 MUKESH M., AGED 28 YEARS S/O J. MURALEEDHAAN PILLAI, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310, RESIDING AT QUARTER NO.337 TYPE II, CERA, INDIAN NAVAL ACADEMY P.O., CANNANORE-670310.** - **2 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENSE (NAVY), SOUTH BLOCK, NEW DELHI-110011.** - **3 THE CHIEF OF THE NAVAL STAFF, INTEGRATEDHEADQUARTERS (FOR P AND A) MINISTRY OF DEFENSE (NAVY), C WING, SENA BHAVAN, NEW DELHI-110011.** - **4 THE FLAG OFFICER COMMANDING-IN-CHIEF,** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :6: **HEADQUARTERS SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN-682004.** - **5 THE COMMANDING OFFICER, INS ZAMORIN, EZHIMALA, NAVAL ACADEMY P.O. CANNANORE-670310.** - **6 P. PRAVEEN, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310.** - **7 P.T. ROHITH, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310.** - **8 K.K. SREEHARI,SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY P.O., EZHIMALA, CANNANORE-670310.** - **9 A. DHINESH, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, DIRECTORATE OF INDIGENISATION, 5TH FLOOR, CHANAKYA BHAVAN, NEW DELHI-110011.** **BY ADVS. SRI.Mr.K.ARJUN VENUGOPAL, CGC SRI.P.G.JAYASHANKAR SMT.SHEBA RIVY SIMON SMT.LINTA VARGHESE SMT.T.S.LIKHITHA SRI.T.C.GOVINDA SWAMY SRI.KALA T.GOPI SRI.MANU.S, ASG OF INDIA** **THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH OP (CAT).58/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :7: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 OP (CAT) NO. 154 OF 2019** **AGAINST THE ORDER/JUDGMENT DATED 19.12.2018 IN OA 180/673/2015** **OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** **PETITIONERS/RESPONDENTS 8,9 AND 12 IN OA:** - **1 P.PRAVEEN, AGED 32 YEARS S/O.BALAN, RESIDING AT PUNNAKKAL HOUSE, KODAKKALLU PARAMBA, FAROOK COLLEGE PO, KOZHIKODE-673632, PRESENTLY WORKING AT SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **2 P.T.ROHITH, AGED 31 YEARS S/O.RAVEENDRANATHAN, RESIDING POOKKURUSSI THODI HOUSE, VADANAMKURUSSI PO, PALAKKAD-679121, PRESENTLY WORKING AT SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **3 K.K.SREEHARI, AGED 30 YEARS S/O.K.P.RAMAKRISHNAN, RESIDING AT KILAYIL HOUSE, ELAYAVOOR, MUNDAYAD PO, KANNUR -670594, PRESENTLY WORKING AT SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** OP(CAT).No.58 of 2021 :8: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 **BY ADVS. P.G.JAYASHANKAR SHEBA RIVY SIMON P.K.RESHMA (KALARICKAL) STEFIN THOMAS** **RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 7, 10, 11 AND 13 IN OA:** - **1 MUKESH M., SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **2 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE (NAVY), SOUTH BLOCK, NEW DELHI-110011.** - **3 THE CHIEF OF THE NAVAL STAFF, INTEGRATED HEAD QUARTERS (FOR P AND A), MINISTRY OF DEFENCE (NAVY), C WING , SENA BHAVAN, NEW DELHI-110011.** - **4 THE FLAG OFFICER COMMANDING - IN - CHIEF, HEAD QUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN-682004.** - **5 THE COMMANDING OFFICER, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **6 V.S.VISHAL, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **7 SANIL V.NAIR, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** OP(CAT).No.58 of 2021 :9: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 - **8 P.MAHESH,SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **9 K.V.SANDEEP, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310, PRESENTLY WORKING SCIENTIFIC ASSISTANT, NAVAL AIRCRAFT YARD, KOCHI-682004.** - **10 A.K.AJITHKUMAR, SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310, PRESENTLY WORKING AS SCIENTIFIC ASSISTANT, NAVAL AERONAUTICAL QUALITY ASSURANCE SERVICE, NAVAL BASE, KOCHI-682004.** - **11 A.DHINESH, SCIENTIFIC ASSISTANT, DIRECTORATE OF INDIGENISATION, 5TH FLOOR, CHANAKYA BHAVAN, NEW DELHI-11001, PRESENTLY WORKING AS SCIENTIFIC ASSISTANT, INS ZAMORIN, INDIAN NAVAL ACADEMY, NAVAL ACADEMY PO, EZHIMALA, KANNUR-670310.** - **12 ADDL.R12.M.K.MANJULA AGED 34 YEARS (SOUGHT TO BE IMPLEADED)** **BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.SAJEEVAN KURUKKUTTIYULLATHIL SRI.P.S.BINU SRI.MANU S. ASG OF INDIA SRI.T.C.GOVINDA SWAMY** **THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 02.08.2022,** **ALONG WITH OP (CAT).58/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :10: ## **JUDGMENT** ## **A.K.Jayasankaran Nambiar, J.** As all these OP(CAT)'s involve a common issue, they are taken up for consideration together and disposed by this common judgment. The petitioners in OP(CAT).No.57 of 2019 and OP(CAT).No.154 of 2019 were the contesting respondents in O.A.No.673 of 2015 before the Central Administrative Tribunal that was disposed by the common order dated 19.12.2018. OP(CAT).No.58 of 2021 is preferred by the Union of India aggrieved by the same order of the Tribunal. 2. The brief facts necessary for disposal of these OP(CAT)'s are as follows: Pursuant to a notification dated 13.03.2009 inviting applications from candidates for appointment as Lab Demonstrators/Lab Assistants in the Southern Naval Command at Ezhimala, and conducting separate examinations for assessing the merit of candidates sourced from different streams, appointments were made by a common order dated 05.08.2009 to the post of Lab Demonstrator/Lab Assistant. The :11: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 applicants, as also the contesting respondents in the O.A were persons who were thus appointed, and their qualifications were in different trades such as Mechanical, Electrical and Basic Science, as is apparent from the averments in these O.P(CAT)'s. While so, in 2013, an issue of their inter se seniority arose in connection with their promotion to the post of Scientific Assistant. The applicable recruitment Rule mandated that the selection to the post of Scientific Assistant was to be by seniority and sourced from among direct recruits and promotees in the ratio 25% : 75%. In these OP(CAT)'s we are concerned only with recruitments by way of promotion. The Recruitment Rule for promotion to the post of Scientific Assistant did not prescribe any ratio by which the vacancies in post had to be filled from among Lab Demonstrators/Lab Assistants. Finding that persons who belonged to the Mechanical Trade, who had been ranked higher than those like the applicant who were from the Electrical Trade were going to be promoted earlier than them the applicant along with others similarly placed, approached the Tribunal through O.A.No.206 of 2013 and O.A.No.196 of 2013 contending, inter alia, that while effecting the promotion to the cadre of Scientific Assistant, a ratio had to be maintained among the various trades from which persons had been recruited to the post of Lab Demonstrators/Lab Assistants. While the :12: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 said OA's were pending before the Tribunal, the Government proceeded to publish a draft seniority list on 23.04.2013, wherein a ratio of 1:1:1 was maintained between persons who had been recruited from the trades of Mechanical, Electrical, and Basic Science. This draft seniority list met with objections from persons from the Mechanical stream who had been ranked higher than those from the Electrical and Basic Science Stream, and taking note of the said objections, the Government brought out a fresh draft seniority list on 17.03.2014. The said seniority list was prepared based on the ranking that had been obtained by the various persons at the time of their initial recruitment to the post of Lab Demonstrators/Lab Assistants. Once again, objections were preferred to the said draft seniority list, this time by the applicants in the pending OA's. The said objections were, however, rejected and the seniority list was finalised based on their inter se ranking at the time of their initial recruitment as Lab Demonstrators/Lab Assistants, as is apparent from Annexure A1 produced along with the OP(CAT)'s. It would appear that thereafter the Tribunal disposed the OA's by an order dated 07.04.2014, directing the Government to hold a review DPC based on the revised seniority list and to promote the Lab Demonstrators/Lab Assistants in accordance with the seniority in the said list. OP(CAT).No.58 of 2021 :13: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 3. In the exercise that followed, the respondents in the OA's were offered promotion based on the revised seniority list and it was this promotion that was impugned along with the revised seniority list before the Tribunal in O.A.No.673 of 2015 by the applicant who was qualified in the Electrical Trade while seeking recruitment as Lab Demonstrator/Lab Assistant. 4. Before the Tribunal, the contention of the applicant was essentially that the placement of the respondents above the applicants in the cadre of Lab Demonstrators/Lab Assistants was arbitrary and discriminatory and, therefore, violative of the provisions of Articles 14 and 16 of the Constitution of India. It was contended that inasmuch as the recruitment to the post of Lab Demonstrators/Lab Assistants was from persons who came from different streams, and the work rendered by them in the cadre of Lab Demonstrators/Lab Assistants was also different, the seniority list in the cadre of Lab Demonstrators/Lab Assistants had also to be maintained separately. It was therefore contended that while considering their further promotion to the post of Scientific Assistant, the eligibility list of persons for the promotion post had to be prepared in the ratio of 1:1:1 for persons chosen from the different streams of trade. :14: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 5. The Tribunal that considered the matter found force in the contention of the applicant. In particular, the Tribunal took note of the fact that the Government had, initially, taking note of the fact that the candidates had come through different Trade Examinations, decided to implement the ratio of 1:1:1 in the promotion quota. It was thereafter that the Government had taken a u-turn and decided to rely on the marks obtained by the candidates at the time of their initial recruitment as the basis for determining their inter-se seniority in the cadre of Lab Demonstrators/Lab Assistants. The Tribunal was of the view that the marks awarded for different examinations to candidates pursuing different trades could not have been adopted as a common basis as it would seriously prejudice certain trades and would favour some other trades. The Tribunal, therefore, allowed the O.A and quashed the revised seniority list and consequential promotions effected based thereon. 6. In these OP(CAT)'s, the contention of the learned counsel for the petitioners is essentially that in the absence of any expressed provision in the Recruitment Rules that requires the maintenance of any ratio among persons in the feeder category for the purposes of OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 **==> picture [19 x 9] intentionally omitted <==** promotion to the post of Scientific Assistant, it was not open to the Tribunal to prescribe a particular ratio and direct the promotions to be made following the said ratio. On the aspect of determination of the inter-se seniority between persons from different trades, who were recruited to the post of Lab Demonstrators/Lab Assistants, it is the submission of the learned counsel for the petitioners Sri.Hariraj that in the absence of any specific provision for determining seniority in the Rules applicable to the organisation, the general principles for the determination of seniority in Central Services as laid down in the Office Memorandum dated 14.01.1960 of the Government of India, Ministry of Home Affairs, can be relied upon. The relevant provision in the said Office memorandum reads as follows: "According to the Annexure to M.H.A., O.M. No.9/11/55-RPS, dated the 22[nd] December, 1959 [Item 1], the relative seniority of all direct recruits shall be determined by the order of merit in which they are selected for such appointment on the recommendations of the UPSC or other selecting authority; persons appointed as a result of an earlier selection being senior to those, appointed as a result :16: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 ## of a subsequent selection. In cases where persons are selected either by the UPSC for appointment to different posts in the same grade with different qualifications (e.g., posts of Assistant Lecturer in History, Economics, Physics and Chemistry, etc.), the UPSC should be requested to recommend candidates for such posts in a consolidated order of merit. Similarly, other selecting authorities should also be requested to indicate such an order of merit while making selections for recruitment to such posts. The seniority of persons appointed to posts indicated above will be determined in the order in which their names appear in the consolidated list." It is the contention of Sri.Hariraj, that the seniority of persons appointed to posts can, in the absence of any other method provided in the Rules, be determined in the order in which their names appear in a consolidated list that is prepared based on the merit of the candidate as assessed in the examination which led to the recruitment. It is further pointed out that it is not in dispute in the instant case that if the merit of the candidate, as ascertained at the time of their initial recruitment as Lab Demonstrators/Lab Assistants is reckoned for the purposes of determining their inter-se seniority in the said post, then the petitioners :17: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 herein are to be placed higher in the seniority list than the respondents as was done by the Government while finalising the seniority list and effecting promotions therefrom in the orders that were impugned before the Tribunal in the OA. 7. Per contra, it is the submission Sri.Govinda Swami appearing for the respondents that inasmuch as the persons recruited from different trades were merged in a common cadre of Lab Demonstrators/Lab Assistants, their further promotions had to be effected by duly recognising that they were not equals in the cadre of Lab Demonstrators/Lab Assistants. It is accordingly that he further contends that the Tribunal's prescription of a ratio of 1:1:1 was legally unassailable inasmuch as it recognises the fact that the recruitees to the post of Lab Demonstrators/Lab Assistants were from three different sources albeit merged in the said cadre. 8. On a consideration of the rival submissions, we find ourselves unable to accept the contention of the learned counsel for the respondents that a ratio had to be maintained in the cadre of Lab Demonstrators/Lab Assistants for the purposes of effecting further promotions to the post of Scientific Assistant. Firstly, the Recruitment :18: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 Rules applicable do not contemplate the maintenance of such a ratio in the cadre of Lab Demonstrators/Lab Assistants. In our view, the absence of a provision in the Recruitment Rules which contemplates the maintenance of a ratio while effecting promotions to the post of Scientific Assistant from among Lab Demonstrators/Lab Assistants is itself an indication that the seniority list to be maintained in the cadre of Lab Demonstrators/Lab Assistants had to be a common one and not separate for each category. The question then arises as to what could be the criteria adopted by the Government for preparing a common seniority list for Lab Demonstrators/Lab Assistants drawn from different trades. As rightly pointed out by the learned counsel for the petitioners Sri.Hariraj, in the absence of any specific criteria mentioned in the Rules applicable to the organisation, reliance can be placed on the general principles for the determination of seniority in the Central Services as laid down in the Office Memorandum dated 14.01.1960 of the Government of India, Ministry of Home Affairs. As a matter of fact it is submitted by the learned Standing counsel for the Government that the revised seniority list based on which the promotions were effected to the post of Scientific Assistant was prepared taking note of the interse marks obtained by the Lab Demonstrators/Lab Assistants at the time of their initial entry into the said cadre. The inter-se merit being the :19: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 criteria adopted, we cannot find fault with the seniority list that is drawn up based on the said criteria. In arriving at this conclusion, we are fortified by the findings in the judgment of the Supreme Court in ## **Ajay Kumar Shukla and Others v. Arvind Rai and Others [2021** **SCC OnLine SC 1195]** where it was observed that the appointing authority ought to have prepared a combined merit list based upon the performance or proficiency on the basis of the marks received in the selection test for otherwise it would amount to denial of the right of consideration for promotion to a more meritorious candidate as against the candidate having lesser merit. We also find that at any rate it was not open to the Tribunal to prescribe a method of promotion to the post of Scientific Assistant that was not provided for in the Recruitment Rules applicable to the establishment. In the result, we set aside the impugned order of the Central Administrative Tribunal in all these OP(CAT)'s and allow the OP(CAT)'s with consequential reliefs. **==> picture [23 x 11] intentionally omitted <==** ## **A.K.JAYASANKARAN NAMBIAR JUDGE** ## Sd/- **MOHAMMED NIAS C.P. JUDGE** mns OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :20: ## **APPENDIX OF OP (CAT) 58/2021** ## **PETITIONER EXHIBITS** - **Exhibit P1** - **TRUE COPY OF THE OA NO. 180/00673/2015 DATED 19.12.2018 FILED BEFORE THE CAT, ERNAKULAM BENCH.** - **Annexure A1** - **TRUE COPY OF SENIORITY LIST OF LAB DEMONSTRATOR/LAB ATTENDANT COMMUNICATED UNDER NO. CS/2775/12 DATED 13.08.2014 BY THE ADMINISTRATIVE OFFICER II.** **Annexure A2** - **TRUE COPY OF THE DRAFT SENIORITY LIST OF LAB DEMONSTRATOR/LAB ASSISTANT FOR THE YEAR 2014-15 COMMUNICATED BY FILED NO. 234 DATED 30.01.2015 FROM THE ADMINISTRATIVE OFFICER.** **Annexure A3** - **TRUE COPY OF THE ORDER BEARING NO. CP (NG)/3017/DPC/SA DATED 24.04.2015 ISSUED FROM THE DCP (NG).** - **Annexure A4 TRUE COPY OF NOTIFICATION PUBLISHED IN EMPLOYMENT NEWS 7-13 MARCH 2009.** - **Annexure A5** - **TRUE COPY OF THE ORDER BEARING NO. CS/2700/12(III) DATED 05.08.2009, ISSUED FROM OFFICE OF THE SOUTHERN NAVAL COMMAND.** - **Annexure A6** - **TRUE COPY OF THE APPOINTMENT ORDER BEARING NO. CS/2700/12(II) DATED 05.08.2009 ISSUED FROM THE CHIEF STAFF OFFICER.** - **Annexure A7** - **TRUE COPY OF THE APPOINTMENT ORDER BEARING** OP(CAT).No.58 of 2021 :21: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 **NO. CS/2700/12(I) DATED 05.08.2009 ISSUED FROM THE OFFICE OF THE SOUTHERN NAVAL COMMAND.** **Annexure A8 TRUE COPY OF NAVY GROUP 'C' AND 'D' (SCIENTIFIC STAFF) POSTS RECRUITMENT RULE, 2000.** - **Annexure A9 TRUE COPY OF NOTIFICATION DOWNLOADED FROM THE WEBSITE OF SOUTHERN NAVAL COMMAND.** - **Annexure A10 TRUE COPY OF COMMUNICATION BEARING NO. CP(NG)/3017/LAB DEMO DATED 21.11.2012, ISSUED BY THE SECTION OFFICER.** - **Annexure A11 TRUE COPY OF LETTER BEARING NO. CS/2761/36 DATED 31.01.2013, ISSUED BY THE ADMIN OFFICER GD-II** - **Annexure A12 TRUE COPY OF PROMOTION ORDER BEARING NO. CP (NG)/3017/SSA DATED 28.02.2013 ISSUED BY THE PDCP.** - **Annexure A13 TRUE COPY OF THE DRAFT SENIORITY LIST OF LAB DEMONSTRATORS BEARING NO. CP (NG)/3017/DPC/SA DATED 23.04.2013, ORIGINATED FROM THE OFFICE OF THE OFFICE OF THE MINISTRY OF DEFENCE.** - **Annexure A14 TRUE COPY OF COMMON ORDER (ALONG WITH OA NO. 196/2013) DATED 07.04.2014 IN OA NO. 206/2013 RENDERED BY THIS HON'BLE CAT, ERNAKULAM BENCH.** **Annexure A15 TRUE COPY OF THE DRAFT SENIORITY LIST OF LAB DEMONSTRATOR NO. CS/2775 DATED 17.03.2014.** OP(CAT).No.58 of 2021 :22: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 - **Annexure A16** - **TRUE COPY OF REPRESENTATION DATED 04.04.2014, ADDRESSED TO THE CHIEF OF NAVAL STAFF.** - **Annexure A17 TRUE COPY OF REPRESENTATION DATED 13.09.2014 ADDRESSED TO THE CHIEF OF NAVAL STAFF.** - **Annexure A18 TRUE COPY OF THE REPRESENTATION DATED 06.02.2015, ADDRESSED TO THE CHIEF OF NAVAL STAFF.** - **Annexure A19 TRUE COPY OF STAFF MINUTE SHEET BEARING FILE NO. 503/5/1 DATED 20.04.2015, ISSUED BY THE DEPUTY REGISTRAR (ACADS).** - **Exhibit P2 TRUE COPY OF THE REPLY STATEMENT IN OA 180/00673/2015 DATED FILED BEFORE THE CAT, ERNAKULAM BENCH.** - **Annexure R1 TRUE COPY OF THE SRO 19/2014 DATED 04.03.2014.** - **Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT IN OA 180/00673/2015 DATED 25.02.2017.** - **Annexure R5(A) TRUE COPY OF THE MARKS OBTAINED BY VARIOUS CANDIDATES WHICH ARE OBTAINED UNDER RIGHT TO INFORAMATION ACT DATED 03.05.2013 ISSUED BY THE COMMANDER, PUBLIC INFORMATION OFFICER.** - **Annexure R5(B) TRUE COPY OF THE LETTER NO. DL/0812/1476/I DATED 16.04.2013 ALONG WITH ITS ENCLOSURES.** - **Annexure R5(C)** - **THE TRUE COPY OF REQUEST DATED 23.03.2013, IN RESPONSE OF WHICH ANNEXURE R4(B) WAS** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :23: ## **ISSUED.** **Exhibit P4 TRUE COPY OF THE RE-JOINDER IN OS NO. 180/00673/2015 DATED 25.10.2016 FILED BEFORE THE CAT, ERNAKULAM BENCH.** - **Annexure A20 TRUE COPY OF OA NO. 206/2013 DATED 10.03.2013 FILED BEFORE THE CAT, ERNAKULAM BENCH.** - **Annexure -A1** - **TRUE COPY OF THE PROMOTION ORDER BEARING NO. CP (NG)/3017/SSA DATED 28.02.2013 ISSUED FROM THE COMMANDER, MINISTRY OF DEFENCE.** - **Annexure- A2 TRUE COPY OF NOTIFICATION PUBLISHED IN EMPLOYMENT NEWS 7-13 MARCH 2009.** - **Annexure -A3 TRUE COPY OF ORDER BEARING NO. CS/2700/12(III) DATED 05.08.2009, ISSUED FROM THE COMMODORE, CHIEF STAFF OFFICER.** - **Annexure -A4 TRUE COPY OF APPOINTMENT ORDER BEARING NO. CS/2700/12(II) DATED 05.08.2009 ISSUED FROM THE COMMODORE, CHIEF STAFF OFFICER.** - **Annexure -A5 TRUE COPY OF THE APPOINTMENT ORDER BEARING NO. CS/2700/12(I) DATED 05.08.2009 ISSUED FROM THE COMMODORE, CHIEF STAFF OFFICER (P&A).** - **Annexure -A6 TRUE COPY OF NAVY GROUP 'C' AND 'D' (SCIENTIFIC STAFF), POSTS RECRUITMENT RULES, 2000 DATED 25.09.2000.** - **Annexure -A6(A) TRUE COPY OF NOTIFICATION NO. CP (NG)/3017/LAB DEMO DOWN LOADED FROM THE WEBSITE DATED 21.11.2012.** :24: OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 ## **Annexure -A7** **TRUE COPY OF COMMUNICATION BEARING NO. CP (NG)/3017/LAB DEMO DATED 21.11.2012, ISSUED FROM THE MINISTRY OF DEFENCE.** **Annexure -A8** - **TRUE COPY OF LETTER BEARING NO. CS/2700/12 DATED 17.12.2012 ISSUED FROM THE SOUTHERN NAVAL COMMAND.** **Annexure -A9** - **TRUE COPY OF ORDER BEARING NO. CS/2700/12 DATED 28.12.2012, ISSUED FROM THE ADMINISTRATIVE OFFICER II.** **Annexure -A10** - **TRUE COPY OF LETTER BEARING NO. CS/2761/36 DATED 31.01.2013, ISSUED FROM ADMINISTRATIVE OFFICER II.** **Exhibit P5** - **TRUE COPY OF THE ORDER IN OA 180/00673/2015 DATED 19.12.2018 ISSUED BY THE CAT, ERNAKULAM BENCH.** **Exhibit P6 TRUE COPY OF THE OM NO. 9/11/55-RPS, DATED 22.12. 1959 (ITEM-I)** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :25: ## **APPENDIX OF OP (CAT) 57/2019** ## **PETITIONER EXHIBITS** ## **EXHIBIT P1** **A TRUE COPY OF THE FINAL ORDER DATED 19.12.2018 IN O.A.180/673/2015 ON THE FILES OF CENTRAL ADMINISTRATIVE TRIBUNAL** ## **EXHIBIT P2** - **A TRUE COPY OF THE ORIGINAL APPLICATION FILED BY THE FIRST RESPONDENT ALONG WITH THE ANNEXURES THEREOF** - **Annexure A1 TRUE COPY OF SENIORITY LIST OF DEMONSTRATOR/LAB LAB ATTENDANT COMMUNICATED UNDER NO. CS/2775/12 DATED 13 AUG 2014 BY THE 3RD RESPONDENT.** - **Annexure A2 TRUE COPY OF DRAFT SENIORITY LIST OF LAB DEMONSTRATOR/LAB ASSISTANT FOR THE YEAR 2014-15 COMMUNICATED BY FILE NO. 234 DATED 30 JAN 2015 FROM THE OFFICE OF THE 4TH RESPONDENT.** - **Annexure A3 TRUE COPY TRUE COPY OF ORDER BEARING NO. CP(NG)/3017/DPC/SA DATED 24 APR 2015 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.** - **Annexure A4 TRUE COPY OF NOTIFICATION PUBLISHED IN EMPLOYMENT NEWS 7-13 MARCH 2009.** **Annexure A5 TRUE COPY OF ORDER BEARING NO. CS/2700/12(III) DATED 05 AUGUST 2009, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT** **Annexure A6 TRUE COPY OF APPOINTMENT ORDER BEARING NO. CS/2700/12(II) DATED 05 AUGUST 2009 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :26: ## **Annexure A7** - **TRUE COPY OF APPOINTMENT ORDER BEARING NO. CS/2700/12(I) DATED 05 AUGUST 2009 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.** - **Annexure A8 TRUE COPY OF NAVY GROUP 'C' AND D'(SCIENTIFIC STAFF) POSTS RECRUITMENT RULES, 2000.** - **Annexure A9** - **TRUE COPY OF NOTIFICATION DOWN LOADED FROM THE WEBSITE OF THE RESPONDENTS.** - **Annexure A10 TRUE COPY OF COMMUNICATION BEARING NO. CP(NG)/3017/LAB DEMO DATED 21 NOVEMBER 2012, ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.** - **Annexure A11 TRUE COPY OF LETTER BEARING NO. CS/2761/36 DATED 31.01.2013, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.** - **Annexure A12 TRUE COPY OF PROMOTION ORDER BEARING NO. CP(NG)2017/SSA DATED 28.02.2013 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.** - **Annexure A13 TRUE COPY OF DRAFT SENIORITY LIST OF LAB DEMONSTRATORS BEARING NO. CP(NG)/3017/DPC/SA DATED 23 APR 2013, ORIGINATED FROM THE OFFICE OF THE 2ND RESPONDENT. -** - **Annexure A14 TRUE COPY OF COMMON ORDER (ALONG OA NO. 196/2013) DATED 07 APR 2014 IN OA NO. 206/2013 RENDERED BY THIS HON'BLE TRIBUNAL.** - **Annexure A15 TRUE COPY OF DRAFT SENIORITY LIST OF LAB DEMONSTRATOR (AS ON 31 DEC 2013) COMMUNICATED BY THE 3RD RESPONDENT UNDER NO. CS/2775 DATED 17 MAR 2014.** OP(CAT).No.58 of 2021 :27: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 - **Annexure A16** - **TRUE COPY OF REPRESENTATION DATED 04 APR 2014, ADDRESSED TO THE 2ND RESPONDENT.** - **Annexure A17 TRUE COPY OF REPRESENTATION DATED 13 SEP 2014 ADDRESSED TO THE 2ND RESPONDENT.** - **Annexure A18 TRUE COPY OF THE REPRESENTATION DATED 06.02.2015 ADDRESSED TO THE 2ND RESPONDENT.** - **Annexure A19** - **TRUE COPY OF STAFF MINUTES SHEET BEARING FILE NO. 503/5/1 DATED 20 APR 2015, ISSUED BY THE DEPUTY REGISTRAR (ACADS), IN THE OFFICE OF THE 4TH RESPONDENT.** - **EXHIBIT P3 A TRUE COPY OF THE REPLY STATEMENT OF THE OFFICIAL RESPONDENTS** - **Annexure R 1 COPY OF SRO 19/2014 DATED 04 MARCH 2014.** - **EXHIBIT P4 THE TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT ALONG WITH THE ANNEXURES** - **Annexure A20 A TRUE COPY OF OA NO. 206/2013 DATED 10 MAR 2013 FILED BY THE APPLICANT AND ORS BEFORE THIS HONBLE TRIBUNAL.** - **EXHIBIT P5** - **A TRUE COPY OF AN ADDITIONAL REPLY STATEMENT FILED BY THE OFFICIAL RESPONDENTS** - **Annexure R5 (A) TRUE COPY OF THE MARKS OBTAINED BY VARIOUS CANDIDATES WHICH ARE OBTAINED UNDER RIGHT TO INFORMATION ACT.** - **Annexure R5 (B)** - **A TRUE COPY OF THE LETTER NO. DL/0812/1476/1 DATED 16.04.2013 ALONG WITH ITS ENCLOSURES.** OP(CAT).No.58 of 2021 :28: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 **Annexure R5 (C)** **TRUE COPY OF REQUEST DATED 23.03.2013 IN RESPONSE OF WHICH ANNEXURE R4 (B) WAS ISSUED.** **EXHIBIT P6 A TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :29: ## **APPENDIX OF OP (CAT) 154/2019** ## **PETITIONER EXHIBITS** ## **EXHIBIT P1** **TRUE COPY OF THE O.A. FILED BY THE FIRST RESPONDENT BEFORE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM AS O.A.NO.180/673/2015.** - **Exhibit P1 (A1)** - **TRUE COPY OF THE SENIORITY LIST OF LAB DEMONSTRATOR/LAB ATTENDANT COMMUNICATED UNDER NO. CS/2775/12 DATED 13.08.2014 BY THE 3RD RESPONDENT.** - **Exhibit P1 (A2) TRUE COPY OF THE DRAFT SENIORITY LIST OF LAB DEMONSTRATOR/LAB ASSISTANT FOR THE YEAR 2014-15 COMMUNICATED BY FILE NO. 234 DATED 30.01.2015 FROM THE OFFICE OF THE 4TH RESPONDENT.** - **Exhibit P1 (A3) TRUE COPY OF THE ORDER BEARING NO. CP(NG)/3017/DPC/SA DATED 24.04.2015 ISSUED FROM THE OFFICE OF -THE 2ND RESPONDENT.** - **Exhibit P1 (A4) TRUE COPY OF THE NOTIFICATION PUBLISHED IN EMPLOYMENT NEWS 7-13 MARCH 2009. -** - **Exhibit P1 (A5)** - **TRUE COPY OF THE ORDER BEARING NO. CS/2700/12 (III) DATED 05.08.2009, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.** **Exhibit P1 (A6)** - **TRUE COPY OF THE APPOINTMENT ORDER BEARING NO. 10. CS/2700/12(11) DATED 05.08.2009 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.** - **Exhibit P1 (A7)** - **TRUE COPY OF THE APPOINTMENT ORDER BEARING NO. 11. CS/2700/12(1) DATED 05.08.2009 ISSUED FROM THE OFFICE OF THE 3RD** OP(CAT).No.58 of 2021 OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 :30: ## **RESPONDENT.** - **Exhibit P1 (A8) TRUE COPY OF THE NAVY GROUP 'C' AND 'D' (SCIENTIFIC STAFF) POSTS RECRUITMENT RULES, 2000.** - **Exhibit P1 (A9) - TRUE COPY OF THE NOTIFICATION DOWN LOADED FROM THE WEBSITE OF THE RESPONDENTS.** - **Exhibit P1 (A10)** - **TRUE COPY OF THE COMMUNICATION BEARING NO. CP(NG) 3017/LAB DEMO DATED 21.11.2012, ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.** - **Exhibit P1 (A11) TRUE COPY OF THE LETTER BEARING NO. CS/2761/36 DATED 31.01.2013, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.** - **Exhibit P1 (A12) - TRUE COPY OF THE PROMOTION ORDER BEARING NO. CP(NG)/3017/SSA DATED 28.02.2013 ISSUED FROM THE OFFICE OF THE 2 RESPONDENT** - **Exhibit P1 (A13)TRUE COPY OF THE DRAFT SENIORITY LIST OF LAB BEARING NO. CPNG)/3017/DPC/SA DATED 23.04.2013 ORIGINATED FROM THE OFFICE OF THE 2 RESPONDENT** - **Exhibit P1 (A14) TRUE COPY OF THE COMMON ORDER (ALONG OA NO. 18. 196/2013) DATED 07.04.2014 IN OA NO. 206/2013 RENDERED BY THIS HON'BLE TRIBUNAL.** - **Exhibit P1 (A15) TRUE COPY OF THE DRAFT SENIORITY LIST OF LAB DEMONSTRATOR (AS ON 31.12.2013) COMMUNICATED BY THE 3RD RESPONDENT UNDER NO. CS/2775 DATED 17.03.2014.** - **Exhibit P1 (A16) TRUE COPY OF THE REPRESENTATION DATED 04.04.2014, AADDRESSED TO THE 2 RESPONDENT** OP(CAT).No.58 of 2021 :31: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 - **Exhibit P1 (A17) TRUE COPY OF THE REPRESENTATION DATED 13.09.2014 TO THE 2 ND RESPONDENT** - **Exhibit P1 (A18) TRUE COPY OF THE REPRESENTATION DATED 06.02.2015, ADDRESSED TO THE 2ND RESPONDENT** - **Exhibit P1 (A19) TRUE COPY OF THE STAFF MINUTES SHEET BEARING NO. 503/5/1 DATED 20.04.2015, ISSUED BY THE DEPUTY REGISTRAR (ACADS) IN THE OFFICE OF THE 4TH RESPONDENT.** ## **EXHIBIT P2** - **A TRUE COPY OF THE REPLY STATEMENT OF THE OFFICIAL RESPONDENTS.** - **Exhibit P2 (A1) TRUE COPY OF THE SRO 19/2014 DATED 04.03.2014.** - **EXHIBIT P3 A TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT ALONG WITH THE ANNEXURES.** - **Exhibit P 3 (20) TRUE COPY OF THE OA NO. 206/2013 DATED 27. 10.03.2013 FILED BY THE APPLICANT AND OTHERS BEFORE THIS HON'BLE TRIBUNAL** - **EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE OFFICIAL RESPONDENTS.** - **EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS 6 TO 10.** - **Exhibit P5 (AI) TRUE COPY OF THE MARKS OBTAINED BY VARIOUS CANDIDATES WHICH ARE OBTAINED UNDER RIGHT TO INFORMATION ACT** - **Exhibit P5 (A2) TRUE COPY OF THE LETTER NO. DL/0812/1476/1 DATED 16.04.2013 ALONG WITH ITS ENCLOSURES.** OP(CAT).No.58 of 2021 :32: OP(CAT).No.57 of 2019 & OP(CAT).No.154 of 2019 **Exhibit P5 (A3) TRUE COPY OF THE REQUEST DATED 23.03.2013 IN RESPONSE OF WHICH ANNEXURE R4(B) WAS ISSUED . EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.12.2018 IN O.A.NO.180/673/15.**