WA.No.835 of 2018 & connected writ appeals (In the High Court of Kerala at Ernakulam)

## **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 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** ## **WA.No.835 of 2018** **AGAINST THE JUDGMENT IN WPC NO.36810/2016 OF THE HIGH COURT OF KERALA DATED 25.10.2017** ## **APPELLANTS/RESPONDENTS 1, 2 3 IN WPC:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.** - **3 REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOLLAM - 691 001.** **BY GOVERNMENT PLEADER SRI.A.J. VARGHESE** ## **RESPONDENTS/PETITIONERS & RESPONDENTS 4 & 5 IN WPC:** - **1 R. SEETHALEKSHMI AMMA, W/O.SASIDHARAN PILLAI, AGED 56 YEARS, LIB / LAB ASSISTANT (RTD) WORKED IN MG COLLEGE, THIRUVANANTHAPURAM, RESIDING AT KAMALAVILASAM, ALIMUKKU, PIRAVANTHUR, VEETTITHITTA P.O., KOLLAM - 689 696.** WA.No.835 of 2018 etc. 2 - **2 SECRETARY, NSS COLLEGE CENTRAL COMMITTEE, CHANAGANACHERRY, KOTTAYAM - 686 102.** - **3 PRINCIPAL, MG COLLEGE, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.P.GOPAL SRI.B.MURALEEDHARAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH W.A. NO.1432/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA.No.835 of 2018 etc. 3 **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 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** **WA.No.1432 of 2018** **AGAINST THE JUDGMENT IN WPC NO.34429/2016 OF THE HIGH COURT OF KERALA DATED 25-10-2017** ## **- APPELLANTS/RESPONDENTS 1 3 IN WPC:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695001.** **2 THE DIRECTOR OF COLELGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033.** **3 THE REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,NKOLLAM - 691001.** **BY GOVERNMENT PLEADER SRI.A.J. VARGHESE** ## **RESPONDENTS/PETITIONER & RESPONDENTS 4 & 5 IN WPC:** **1 S.SAMUDRAPANDY S/O.SAPPANI, WORKING AS LAB ASSISTANT, VTM NSS COLLEGE, DHANUVACHAPURAM, THIRUVANANTHPAURAM, RESIDING AT 65/1, VETHAMPUTHUR ADAIKALA PATTANAM P.O., ALAMKULAM TALUK, TIRUNELVELI - 641016.** **2 THE GENERAL SECRETARY, NSS COLLEGE CENTRAL COMMITTEE, CHANGANACHERRY - 686102, KOTTAYAM.** ## **3 THE PRINCIPAL, VTM NSS COLLEGE, DHANUVACHAPURAM, THIRUVANANTHAPURAM -695001.** ## **BY ADV. SRI.T.P.DEYANANTHAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH W.A. NO.835/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA.No.835 of 2018 etc. 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 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** ## **WA.No.1452 of 2018** **AGAINST THE JUDGMENT IN WPC NO.36811/2016 OF THE HIGH COURT OF KERALA DATED 25-10-2017** ## **- APPELLANTS/RESPONDENTS 1 3 IN WPC:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** **2 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.** - **3 THE REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM - 691 001.** **BY GOVERNMENT PLEADER SRI.A.J. VARGHESE** ## **RESPONDENTS/PETITIONER & RESPONDENTS 4 & 5 IN WPC:** - **1 D.MURALEEDHARAN PILLAI, S/O. DAMODHARAN PILLAI, WORKING AS LAB ASSISTANT (RTD), NSS COLLEGE, NILAMEL, ON REVERSION AS LGS, RESIDING AT PUTHUSSERY HOUSE, MADAVOOR, PALLIKKAL P.O., THIRUVANANTHAPURAM - 695 602.** - **2 THE GENERAL SECRETARY NSS COLLEGE CENTRAL COMMITTEE CHANGANACHERRY - 686 102, KOTTAYAM.** WA.No.835 of 2018 etc. 5 **3 THE PRINCIPAL NSS COLLEGE NILAMEL, THIRUVANANTHAPURAM - 695 001.** **BY ADVS. SRI.P.GOPAL SMT.THARA THAMBAN SRI.ARUN BOSE SRI.B.BIPIN SRI.M.V.THAMBAN SRI.R.REJI** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH W.A. NO.835/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA.No.835 of 2018 etc. 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 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941 WA.No.1453 of 2018** **AGAINST THE JUDGMENT IN WPC NO.34149/2016 of HIGH COURT OF KERALA DATED 25-10-2017** ## **APPELLANTS/RESPONDENTS 1,2,3 IN WPC:** - **1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.** **3 THE REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM - 691 001.** **BY GOVERNMENT PLEADER SRI.A.J. VARGHESE** ## **RESPONDENTS/PETITIONER & 4TH RESPONDENT IN WPC:** **1 K.V.VENUGOPALAN NAIR LAB ASSISTANT (RTD), V.T.M.N.S.S COLLEGE, DHANUVACHAPURAM, RESIDING AT THUNDATHATTIL PUTHEN VEEDU, ARAYOOR P.O, AMARAVILA, NEYYATTINKARA.** **2 THE GENERAL SECRETARY NSS COLLEGE CENTRAL COMMITTEE, CHANGANACHERRY - 686 102, KOTTAYAM.** **BY ADVS. T.P.DAYANANDAN(BY ORDER) P.GOPAL(BY ORDER)** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA NO.835/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WA.No.835 of 2018 etc. 7 **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 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** **WA.No.2244 of 2018** **AGAINST THE JUDGMENT IN WP(C) NO.30388/2016 OF THE HIGH COURT OF KERALA DATED 14.12.2017** **APPELLANTS/RESPONDENTS 1,2,3:** - **1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.** - **3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION NEAR M.C.R.V. MENS HOSTEL, HOSPITAL ROAD, ERNAKULAM-682 011.** **BY GOVERNMENT PLEADER SRI.A.J. VARGHESE** ## **RESPONDENTS/PETITIONERS & RESPONDENTS NO.4 & 5:** - **1 R.V.VARKEY LAB ASSISTANT, BHARATHMATHA COLLEGE, THRIKKAKKARA, B.M.COLLEGE P.O., COCHIN - 682 021.** **2 ANNIE K.M. LAB ASSISTANT (RTD), BHARATHAMATA COLLEGE, THRIKKAKARA, NOW RESIDING AT PUTHERIKAL HOUSE, THRIKKAKARA P.O., ERNAKULAM DISTRICT.** - **3 K.M.THOMAS** **LAB ASSISTANT (RTD), BHARATHAMATA COLLEGE, THRIKKAKARA, NOW RESIDING AT CHIRACKAL HOUSE, KUTHIATHODE P.O., CHERTHALA, ALLEPPEY DISTRICT.** WA.No.835 of 2018 etc. 8 - **4 THE PRINCIPAL BHARATHAMATA COLEGE, THRIKKAKARA, B.M. COLLEGE P.O., COCHIN-682 021.** - **5 MAHATMA GANDHI UNIVERSITY PRIYADHARSHINI HILLS P.O., KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR.** - **ADDL THE KERALA PUBLIC SERVICE COMMISSION 6 PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.** **(ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 09/07/2019)** **BY ADVS. SRI.JOSHI N.THOMAS SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.P.C.SASIDHARAN, SC, KPSC KUM.ALEENA JOLLY** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA NO.835/2018 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **JUDGMENT** ## **K. Vinod Chandran, J.** **The writ appeals are against the judgment of the learned Single Judge, which directed regularisation of the writ petitioners with all benefits in the posts in which they were continuing. It was also directed that the pensionary and other benefits due to the petitioners also has to be calculated on the basis of the posts they were occupying at the time of retirement. The entire controversy is with respect to the promotion of Last Grade Servants to the post of Laboratory/Library Assistants.** **2. The qualification for promotion to the post of Laboratory/Library Assistants is available under Statute 41(12) of the Kerala University [Conditions of Service of Teachers and Non-teaching Staff] First Statutes, 1979, which has been extracted by the learned Single Judge. We need only notice that the promotion could be made by-transfer from the Last** WA.No.835 of 2018 etc. 10 **Grade Staff and specimen collectors employed in the Private Colleges, who have either pass in Standard-VII or equivalent or five years' regular service under Private Colleges and a pass in Attender's Test conducted by the Kerala Public Service Commission [KPSC]. There was a proviso to the Statute, which provided that even those who did not possess Attender's Test qualification would be entitled for appointment in the order of seniority as Laboratory Assistants or Library Assistants, but subject to their passing the Attender's test conducted by the KPSC in one of the five consecutive tests conducted by the PSC. We would have thought that the test was conducted regularly, but however it is otherwise. Hence a situation arose, where many persons, who were promoted, retired before five chances were afforded to them. We were also not clear about the tests conducted and the dates in which such tests were conducted. We directed the KPSC to file an affidavit, which is on record, which clearly shows the number of tests conducted from 1983 to 2019, which are as follows:** WA.No.835 of 2018 etc. 11 |**Sl.**<br>**No.**|**Date of**<br>**Notification**<br>**of the test**|**Date of**<br>**Examination**<br>**held**|**Date of**<br>**Publication**<br>**of Result**| |---|---|---|---| |**1**|**Not Traceable**|**23.07.1983**|**Not traceable**| |**2**|**Not Traceable**|**04.05.1985**|**Not Traceable**| |**3**|**Not Traceable**|**15.04.1989**|**Not Traceable**| |**4**|**Not Traceable**|**31.10.1992**|**Not Traceable**| |**5**|**01.08.1995**|**28.09.1996**|**12.02.1998**| |**6**|**10.08.1999**|**05.10.2002**|**31.12.2002**| |**7**|**12.08.2003**|**13.04.2005**|**01.12.2005**| |**8**|**30.05.2008**|**13.05.2010**|**17.07.2012**| |**9**|**09.07.2013**|**27.11.2015**|**08.05.2017**| |**10**|**26.06.2018**|**13.07.2019**|**Not published**| **In such circumstances, we need only verify the** **facts as to when the tests were conducted with reference to the service of the writ petitioners in their promoted posts.** ## **3. Sri.Dayanandan, the learned Counsel** **appearing for some of the writ petitioners, has various contentions, which we would notice and consider in seriatim.** **4. The first contention raised by Sri.Dayanandan is that Ext.P11 order of the Principal Secretary to Government, specifically provided that there could be no reversion with retrospective effect and it can only be from the date of joining the post** WA.No.835 of 2018 etc. 12 **of OA on reversion. Admittedly, Ext.P11 was issued after the petitioner retired from service. When the petitioner retired from service, he was occupying the post of Laboratory Attender, but however had not qualified in the Attender's test. We would look into his service details and the tests conducted within that period a little later. The petitioner's contention is that though he was directed to be reverted by the Government, there could be no retrospective reversion effected since he had retired from the promoted post and he had not joined back in the last grade post, on reversion.** **5. We do not think that the contention raised on Ext.P11 can be countenanced, especially noticing the fact that it is a mere communication issued by the Principal Secretary to Government, which cannot stand against the specific statutory requirement. The statutory requirement is of the incumbent, promoted by virtue of the proviso, qualifying in the Attender's test in one of the five consecutive chances. If the incumbent does not qualify, then immediately on the** WA.No.835 of 2018 etc. 13 **publication of results of the 5[th] chance, he has to be reverted, which has to be automatic as per the Statute and there need be no order of reversion from the Government. The aided College has to necessarily order such reversion on that basis. If the incumbent was then continued, it would be in violation of the statutory prescription, and no right can be claimed or asserted based on the continuance in violation of the statute.** **6. The next contention is based on Rule 62 of the Kerala Service Rules, 1959 Part-III. Rule 62 reckons the “emoluments” for computing pension as the emoluments received by an employee immediately before his retirement. It is the contention of the petitioner that since he had retired from the post of Laboratory Assistant, as continued by the Management, who is the appointing authority, his pension has to be reckoned on the basis of the emoluments he received as a Laboratory Assistant. We have already found that on the result of the 5[th] chance being published, if the incumbent has not qualified he would be liable to be reverted which is an automatic consequence of the statutory prescription. If** WA.No.835 of 2018 etc. 14 **he was continued even then,necessarily the continuance as a Laboratory Assistant by the Management would be of no consequence. We say this especially noticing the fact that the liability to pay and allowances as also pension is on the Government and not on the Management. When the Statute is clear, a mere continuance on a misapprehension or misreading of the provision by the Management, the appointing authority, cannot mulct the State with liability for pension over and above that is entitled to a person retiring from service in an aided College.** **7. The third contention is based on the judgment of this Court in** _**State of Kerala v. Appunni [1992 (2) KLT 922].**_ **Therein an Executive Officer was appointed as a Special Officer by the Government and after a longtime he was reverted to the post of Executive Officer, while posting one another junior Executive Officer as the Special Officer. This Court found that though the discretion of the Government on distribution of largesse cannot be interfered with normally, it cannot be said to the unlimited enabling** WA.No.835 of 2018 etc. 15 **the Government to give or withhold largesse in an arbitrary manner or at its sweet will. We do not find any application of the judgment to the facts of the present case, in which there is a clear statutory prescription insofar as the promoted incumbent in the post of Laboratory Assistant being obliged to participate and qualify in one of the five consequtive Attender's tests conducted by the KPSC; failing which he is disabled from continuing in the promoted post.** **8. The 4[th] contention raised by the writ petitioner is based on Statute 54 of the First Statutes, 1997. Statute 54 permanently exempts all obligatory departmental tests as in the case of Government servants, with respect to all members of the non-teaching staff of private Colleges. The test not qualified by the incumbent in the post of Laboratory Assistant is not an obligatory test in Government service, but a necessary requirement for continuance in the promoted post as per the Statutes.** **9. The last contention raised by the writ petitioner is based on Ext.P10, which is an order** WA.No.835 of 2018 etc. 16 **issued in the case of higher posts in the Higher Education Department, which has application only to those employees who were working prior to 01.05.1979. The writ petitioners herein admittedly was promoted later to 01.05.1979. Ext.P10 hence has no application in the present case.** **10. In these circumstances, we have to again revert back to the affidavit filed by the KPSC and verify from the facts of each case as to whether there was an Attender's test carried out by the KPSC before the retirement of an incumbent. In so verifying the facts, we are conscious of the fact that there might be certain inequities insofar as an incumbent being not given the five chances, for reason of the five tests having not been conducted during the period between his promotion and retirement. In such circumstances, definitely the Government would suffer insofar as the retired employee being entitled to the emoluments as also the pension on the basis of the post held at the time of retirement; which again is a necessary consequence of the proviso to the statute prescribing** WA.No.835 of 2018 etc. 17 **qualification.** **11. In W.A. No.1453 of 2018, the appellant was promoted as a Laboratory Assistant on 23.07.1983 and he retired from service on 31.05.2016. There were more than five tests conducted within that period. The writ petitioner did not qualify. Hence he would not be entitled to continuance in the post of Laboratory Assistant. We here notice that the petitioner was continued despite the petitioner having not qualified for continuance in the post of Laboratory Assistant. The Management though reverted the writ petitioner with effect from 28.09.1996, he was continued in the said post. This issue shall be dealt with in W.A. No.1453 of 2018, where the Management had filed a Counter Affidavit..** **12. In W.A. No.1452 of 2018, the writ petitioner was promoted as Lab Assistant on 13.11.1987 and he retired on 31.05.2016. Obviously there were more than five Attender's tests conducted within that period, which the writ petitioner failed to qualify. The petitioner's Counsel specifically refers to Ext.P3,** WA.No.835 of 2018 etc. 18 **wherein though he was reverted, he was allowed to be continued in the post of Laboratory Assistant, from which he retired on 31.05.2016.** **13. The learned Counsel appearing for the Management argues on the basis of the Counter Affidavit. It is pointed out that there was de-linking of Pre-degree from the Colleges in the year 1997-1998. Then there was an uncertainty as to the continuance of the various non-teaching staff in the aided Colleges, since Pre-degree was de-linked from such Colleges. The Government came out with a policy only by Annexure R2(a) dated 17.09.2004, wherein certain posts were abolished and the existing incumbents were directed to be continued in either supernumerary posts or transferred as Peons. Again various amendments were brought out as is evident from the Annexures produced along with the Counter Affidavit. Eventually in the case of the College in which the writ petitioner in W.A. No.1452 of 2018 was working, the staff fixation came only by Annexure R2(c) in the year 2017, after the retirement of the writ petitioner in 2016.** WA.No.835 of 2018 etc. 19 **14. Especially considering the fact that there was uncertainty insofar as the continuance of the various posts, we are of the opinion that those who were continued and whose salary was paid even by the Government in accordance with the bills raised by the Principals of the aided Colleges, should not be asked to refund the amounts they received in the promoted posts. However, we cannot permit them to retire from the said post or draw pension based on the emoluments they drew at the time of retirement in the promoted post, when they were not entitled to be continued for reason only of their not acquiring the qualification. In W.A. No.1452 of 2018 also we find that the writ petitioner having not qualified in any of the five consecutive tests carried out by the KPSC. Though he should have been reverted as done by the Management, on the publication of the results of the fifth consecutive test, considering the fact that he was continued in the post, the salary and allowances paid to him need not be refunded. However, his pension will be fixed in accordance with the emoluments he would have been** WA.No.835 of 2018 etc. 20 **entitled to in the Last Grade Servant's post as on the date of superannuation.** **15. W.A. No.835 of 2018 is against the common judgment in a writ petition filed by the 1[st] respondent herein, who was promoted as Lab Attender on 11.04.1984 and retired on superannuation on 31.05.2016. As in the other cases, the writ petitioner did not qualify in any of the five consecutive tests from the date on which he was promoted. W.A. No.1432 also agitates the cause of the writ petitioner, who was promoted on 03.03.0987 and superannuated on 31.10.2017. The said petitioner also did not qualify in any of the tests conducted by the KPSC and there were five tests conducted within his period of service.** **16. W.A. No.2244 of 2018 stands on a different footing. Therein the writ petitioners 1 & 3 were promoted on 01.10.1998 and the 2[nd] petitioner on 20.12.2000. The 1[st] petitioner retired on 31.07.2017. As per the affidavit filed by the KPSC, there were only four tests conducted between 1998 & 2017, ie. in 2002, 2005, 2010 and 2015. As far as the 3[rd] petitioner is** WA.No.835 of 2018 etc. 21 **considered, he retired on 31.11.2015, and between 1998 & 2015, there were only four tests conducted. With respect to the 2[nd] petitioner, she was promoted in the year 20.12.2000 and retired on 28.02.2015, within which period there were only three tests conducted. In such circumstances, the writ petitioners, who are the respondents 1 to 3 in the writ appeal, have to be necessarily allowed pension also reckoning the emoluments they last drew in the posts from which they superannuated for reason only of they having not been afforded five chances, within that period. This, as we already noticed, is a necessary consequence of the proviso, which provided for promotion even from among the candidates who are not eligible.** **In such circumstances, we reject W.A. No.2244 of 2018 and allow the other appeals. We make it clear that there can be no recovery effected from the salary and allowances, but the pension can be refixed on the basis of the emoluments, the writ petitioners would have drawn in the post of Last Grade Servants as on their respective dates of superannuation. The pension** WA.No.835 of 2018 etc. 22 **shall be refixed in all the cases within three months from the date of receipt of a certified copy of this judgment and the same shall be disbursed. No order on** **costs.** **Sd/-** **K. VINOD CHANDRAN, JUDGE.** ## **Sd/-** ## **V.G. ARUN, JUDGE.** **sp/02/08/19** //True Copy// **P.A. To Judge** WA.No.835 of 2018 etc. 23 ## **APPENDIX OF W.A. NO.1452 OF 2018** **RESPONDENTS' EXHIBITS: - ANNEXURE R2(A) TRUE COPY OF ORDER OF THE GOVERNMENT G.O.(MS) NO.119/04/H.EDN. DATED 17.09.2004. - ANNEXURE R2(B) TRUE COPY OF THE ORDER OF THE GOVERNMENT G.O.(MS) NO.50/08/H.EDN. DATED 09.05.2018. - ANNEXURE R2(C) TRUE COPY OF THE ORDER NO.E4/18005/ 2016.COLL.EDN.DATED 14.06.2017 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION. - ANNEXURE R2(D) TRUE COPY OF THE ORDER NO.E4.22630(4)/ 2016/COLL. EDN. DATED 11.07.2016 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION - ANNEXURE R2(E) TRUE COPY OF THE ORDER NO.E4/22630/2016/ COLL.EDN. DATED 04.03.2017 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION.** WA.No.835 of 2018 etc. 24 ## **APPENDIX OF W.A. NO.2244 OF 2018** - **RESPONDENTS' EXHIBITS: -** - **ANNEXURE-AI COPY OF THE ORDER NO.E6/61136/98 DATED 13.07.1999 ISSUED BY THE 2ND APPELLANT.** - **-** - **ANNEXURE-AII COPY OF ORDER NO.F2/9131/2001/COLL.EDN. DATED 07.09.2011 ISSUED BY THE 2ND APPELLANT.** - **-** - **ANNEXURE-AIII COPY OF COUNTER AFFIDAVIT DATED 28.12.2018 FILED FOR AND ON BEHALF OF THE 3RD APPELLANT.**