High Court of KeralaSingle JudgeWP11813[] allowed; WP30732[] relief denied, but...

W.P.(C).Nos. 11813 & 30732/2021

Case / Petition Number:W.P.(C).Nos. 11813 & 30732/2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anu Sivaraman
Judgment Date
2022-06-21
Court Decision / Holding
WP11813 of 2021 allowed; Exhibit P31 set aside; Government directed to reconsider within one month with hearing; status quo maintained; WP30732 of 2021 relief denied, but petitioners in that petition may be heard during reconsideration.
Final Disposition
WP11813[] allowed; WP30732[] relief denied, but petitioners in 30732 may be heard during reconsideration; Exhibit P31 set aside; Government to reconsider the request for regularisation within one month with hearing; status quo maintained until then.

Parties to the Case

Appellants / Petitioners

  • NELVIN TOMY
  • FAHAD P.V.
  • SAMBHUNATH
  • TITUPRIYA V.

Respondents

  • State of Kerala represented by the Secretary to Government, Department of Animal Husbandry, Dairying and Housing, Secretariat, Thiruvananthapuram
  • Kerala Feeds Ltd., Kallettumkara, Thrissur
  • Managing Director Kerala Feeds Ltd.
  • Sambhunath P.S.
  • Sidharth.J.
  • Titupriya V.
  • Nelvin Tomy
  • Fahad P.V.

Legal Representation & Advocates

Counsels for Petitioners

  • • S.P. Aravindakshan Pillay
  • • N. Santha
  • • V. Varghese
  • • Peter Jose Christo
  • • S.A. Anand
  • • K. Remya
  • • L. Annapoorna
  • • Vishnu V.K.
  • • Abhirami K.
  • • Uday Kuruvilla
  • • Sabu Christy
  • • Manu Govind
  • • Rahul Surendran

Counsels for Respondents

  • • P. Benny Thomas
  • • Manu Govind
  • • V. Rajendran
  • • D. Prem Kamath
  • • Tom Thomas (Kakkuzhiyil)
  • • Abel Tom Benny
  • • Jyothish Krishna Kurian Oommen Therakath
  • • Sruthy J. Mampilly
  • • P. Benny Thomas
  • • S.P. Aravindakshan Pillay
  • • N. Santha
  • • V. Varghese
  • • Peter Jose Christo
  • • S.A. Anand
  • • K. Remya
  • • L. Annapoorna
  • • Vishnu V.K.
  • • Abhirami K.
  • • Uday Kuruvilla
  • • Sabu Christy
  • • D. Prem Kamath
  • • Tom Thomas (Kakkuzhiyil)
  • • Abel Tom Benny
  • • Jyothish Krishna Kurian Oommen Therakath
  • • Jai Krishnan M. Pisharodi

Case Synopsis & Summary

These connected writ petitions challenge the Government’s and Kerala Feeds Ltd.’s actions concerning regularisation of contract appointments to post(s) designated as Officer (Production and Maintenance) later re-designated from Plant Engineer posts. The petitioners in WP(C)11813 (Nelvin Tomy and Fahad P.V.) were contracted as Plant Engineers (Mechanical and Instrumentation) in 2013 with a promise of regularisation against future permanent vacancies. The Government’s 2018 sanction of posts and subsequent selection processes triggered a contested ranked list; despite orders directing consideration of regularisation (including judgments in earlier related matters), a 2019 notification and an October 2019 government letter rejected regularisation (citing Umadevi). This Court’s January 2021 judgment in W.P.(C).No.25329/2019 (P29) had held that the rejection on the basis of Umadevi was unwarranted and directed reconsideration. In Exhibit P31 the Government again rejected regularisation. The Court finds the P31 reasoning untenable in light of P29 and the sanctioned posts, and sets aside P31, directing the Government to reconsider within one month, after hearing both sides, while maintaining status quo. WP(C).30732/2021, filed by respondents challenging appointments of petitioners in WP11813, is not granted relief, but the petitioners in that case may be heard during reconsideration. The decision underscores that, under unique factual circumstances (contracts linked to sanctioned posts and explicit regularisation clauses), regularisation may be warranted notwithstanding Umadevi’s general rule.

Provisions of Law Cited

Right to Information Act, 2005

Legal Doctrines & Maxims

  • Secretary, State of Karnataka v. Umadevi (3) and others, 2006 (4) SCC 1 (doctrine on regularisation of contract appointees)
  • Principle recognized by this Court in W.P.(C).No.25329/2019 (P29) that rejection of regularisation on the basis of Umadevi may be unwarranted in the factual context (reconsideration directed)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that their contractual appointments as Plant Engineers were made under a notification expressly indicating that such appointments were liable to be regularised against permanent vacancies; subsequent government orders and a 2019 ranked list did not regularise them; they rely on the earlier judgment in W.P.(C).No.25329/2019 (P29) which held that regularisation cannot be denied solely on Umadevi grounds and directed reconsideration in light of the contract clause; since the posts were sanctioned in 2018, the petitioners claim a right to regularisation against permanent vacancies and seek a mandamus to grant regularisation as per their appointment orders and notification.

Contentions of Respondents

The respondents contend that the appointments were contractual, not against sanctioned posts at the time of appointment, and that regularisation is not a right; they emphasize that the posts were only created later, and the selection was conducted on a ranking basis; they argue that Umadevi governs regularisation, and the government order rejecting regularisation was proper; they urge that the petitioners did not secure the required marks for regularisation in the final ranked list and that the non-regularisation follows from established policy and law; they rely on the earlier orders and Board/Government decisions to justify non-regularisation; and they request dismissal of the petitions.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Secretary, State of Karnataka and others v. Umadevi (3) and others2006 (4) SCC 1DistinguishedThe court notes that the Umadevi rule, as a general doctrine against regularisation of contract employees, does not govern the present factual matrix where posts were sanctioned and contracts expressly provided for eventual regularisation; P29 had already directed reconsideration, signaling departure from a strict Umadevi application.
W.P.(C).No. 25329/20192021PositiveJudgment in W.P.(C).No.25329/2019 (P29) held that rejection of regularisation solely on the strength of Umadevi is unwarranted in the factual situation and directed reconsideration; the present Court follows and relies on that reasoning.
W.P.(C).No.13100/20197.5.2019Mentioned OnlyCited as part of the record of proceedings but not applied to decide the issues in the present case.
W.P.(C).No.23839/2016W.P.(C).No.23839/2016Mentioned OnlyCited as an earlier related decision; its precise holdings are not invoked in the reasoning here.

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Extracted Judgment Text

Exact text extracted from official judgment records.

W.P.(C).Nos. 11813 & 30732/2021 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 21[ST] DAY OF JUNE 2022 / 31ST JYAISHTA, 1944 WP(C) NO. 11813 OF 2021** ## **PETITIONERS:** 1 NELVIN TOMY AGED 34 YEARS PEREPPADAN HOUSE, ELINJIPRA P.O., THRISSUR, PIN680721, (FORMER PLANT ENGINEER, KERALA FEEDS LTD., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690518). 2 FAHAD P.V., B/1103, PUTHEN VEEDU, K.P.LANE, KUTTICHIRA, CALICUT, PIN-673001 (FORMER PLANT ENGINEER, KERALA FEEDS LTD., THIRUVANGOOR, KOZHIKODE DISTRICT, PIN-673305). BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY KURUVILLA SABU CHRISTY ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND HOUSING, SECRETARIAT, THIRUVANANTHAPURAM, PIN695001. 2 KERALA FEEDS LTD., KALLETTUMKARA P.O., THRISSUR DISTRICT, PIN-680683, REPRESENTED BY ITS MANAGING DIRECTOR. 2 W.P.(C).Nos. 11813 & 30732/2021 3 MANAGING DIRECTOR KERALA FEEDS LTD., KALLETTUMKARA P.O., THRISSUR DISTRICT, PIN-680683. 4 SAMBHUNATH P.S., PALLAI HOUSE, P.O.PADY, KADAMBODE, THRISSUR, PIN680699. 5 SIDHARTH.J., PURASSERY HOUSE, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM, PIN-683541. 6 TITUPRIYA V., VALIYAVEEDU LANE, HOUSE NO.110, KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM, PIN-695009. BY ADVS. GOVERNMENT PLEADER P.BENNY THOMAS MANU GOVIND V.RAJENDRAN (PERUMBAVOOR) D.PREM KAMATH TOM THOMAS (KAKKUZHIYIL) ABEL TOM BENNY JYOTHISH KRISHNA AHAMMAD SACHIN K. KURIAN OOMMEN THERAKATH SRUTHY J. MAMPILLY **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 2.06.2022, ALONG WITH WP(C).30732/2021, THE COURT ON 21.6.2022 DELIVERED THE FOLLOWING:-** W.P.(C).Nos. 11813 & 30732/2021 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 21[ST] DAY OF JUNE 2022 / 31ST JYAISHTA, 1944 WP(C) NO. 30732 OF 2021** ## **PETITIONERS:** 1 SAMBHUNATH AGED 31 YEARS S/O. P.S SURENDRAN, PALLAI HOUSE, P.O PADY, KADAMBODE, THRISSUR 680 699 2 TITUPRIYA V AGED 33 YEARS D/O P M VASUDEVAN, HOUSE NO. 110, VALIYAVEEDU LANE, KAMALESWARAM, MANACAUD P.O, THIRUVANANTHAPURAM. 695 009 BY ADVS. MANU GOVIND RAHUL SURENDRAN ## **- RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRY AND HOUSING, SECRETARIAT, THIRUVANANTHAPURAM 695 001THIRUVANANT 2 KERALA FEEDS LTD., KALLETTUMKARA P.O, THRISSUR, 680 683 REPRESENTED BY ITS MANAGING DIRECTOR 3 NELVIN TOMY PEREPPADAN HOUSE, ELINJIPARA P.O, THRISSUR 680 721 4 FAHAD P V B/1103,PUTHEN VEED, KP LANE, KUTTICHIRA, CALICUT 673 001 4 W.P.(C).Nos. 11813 & 30732/2021 BY ADVS. P.BENNY THOMAS S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY KURUVILLA SABU CHRISTY D.PREM KAMATH TOM THOMAS (KAKKUZHIYIL) ABEL TOM BENNY JYOTHISH KRISHNA KURIAN OOMMEN THERAKATH JAIKRISHNAN.M.PISHARODI ## **OTHER PRESENT:** K.G.SAROJINI-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 2.06.2022, ALONG WITH WP(C).11813/2021, THE COURT ON 21.06.2022 DELIVERED THE FOLLOWING:- W.P.(C).Nos. 11813 & 30732/2021 5 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = = W.P.(C).Nos.11813 and 30732 of 2021 = = = = = = = = = = = = = = = = Dated this the 21[st] day of June, 2022** ## **JUDGMENT** 1.The first among the captioned writ petitions is filed challenging Exhibit P31 order of the Government as also Exhibit P13 notification to the extent it notifies two posts of Officer (Production and Maintenance) and Exhibit P22 ranked list as well as appointment orders issued to respondents 4 and 6. Consequential prayers are also sought for. 2.W.P.(C).No.30732 of 2021 is filed by respondents 4 and 6 in W.P. (C).No.11813 of 2021 challenging the appointments of respondents 3 and 4, who are the petitioners in the first of the captioned writ petitions and to declare that the post of Officers (Production and Maintenance) is different from the post of Plant Engineer and as such, the services of respondents 3 and 4 cannot be regularised. - 3.Heard the learned counsel for the petitioner, the learned Government Pleader, the learned counsel appearing for W.P.(C).Nos. 11813 & 30732/2021 6 respondents 2 and 3 and the learned counsel for the contesting party respondents in W.P.(C).No. 11813 of 2021. 4. The parties and documents are referred to in this judgment as arrayed and produced in W.P.(C).No.11813 of 2021, unless otherwise specified. 5.The petitioners in W.P.(C).No.11813 of 2021 has been appointed as Plant Engineers (Mechanical and Instrumentation) in the 2[nd] respondent company vide Exhibits P5 and P6 orders. The appointment was after conduct of due selection pursuant to Exhibit P1 notification dated 12.06.2013. The notification stated that the appointment would be on contract basis, but was likely to be made permanent on arising of permanent vacancies. It is contended that by Exhibit P8 minutes, the Board of Directors of the Kerala Feeds had recommended the regularisation of the petitioners, since regular posts had been sanctioned in the company. By Exhibit P9 judgment of this Court, the claim of a person included in the select list for contract appointment in one of the permanent vacancies was directed to be considered. However, the said claim was rejected. It is stated that the post of Plant Engineer was re-designated as Officer (Production and Maintenance) vide Exhibit P10 Government Order. By Exhibit W.P.(C).Nos. 11813 & 30732/2021 7 P12 Government Order dated 26.4.2018, 45 new posts were created in the Cattle Feed Factory of the 2[nd] respondent at Chemancherry, Kozhikode including two posts of Officer (Production and Maintenance). However, without regularising the petitioners as held out in their appointment orders, Exhibit P13 notification was issued on 28.02.2019 for appointment to various posts, including that of Officer (Production and Maintenance). The petitioners had already approached the Government seeking regularisation of their appointments against the post of Officer (Production and Maintenance). By Exhibit P14 judgment the said claim was directed to be considered. The petitioners participated in the selection process subject to their contentions and claim for regularisation. When the selection was proceeded with without considering the claim for regularisation, the petitioners preferred W.P.(C).No. 25329 of 2019. It is submitted that in the meanwhile by Exhibit P17, the Board of Directors had again decided to consider the claim of the petitioners against the two vacancies of Officer (Production and Maintenance). 6.The Government, thereafter, issued Exhibit P18 communication dated 30.09.2019 rejecting the claim for regularisation, in the W.P.(C).Nos. 11813 & 30732/2021 8 light of the judgment of the Apex Court in **Secretary, State of Karnataka and others** v. **Umadevi (3) and others** [2006 (4) SCC 1]. W.P.(C).No.25239 of 2019 was amended challenging the said Government Order as well. Exhibit P21 interim order was rendered on 27.01.2020 directing respondents not to fill up the vacancies of Officer (Production and Maintenance) without getting orders from this Court. In the meanwhile Exhibit P22 ranked list was prepared and respondents 4 to 6 were given appointment. The said appointment was withdrawn pursuant to notice being issued in Contempt of Court Case No.1931 of 2020. Thereafter, by Exhibit P29 judgment dated 20.01.2021, this Court set aside Exhibits P18 and P19 orders and directed the Government to reconsider the request of the petitioners for regularisation taking specific note of the contention that they had been appointed on contractual basis pursuant to a notification which specified that their appointments were liable to be regularised when permanent vacancies arise. Though hearing was conducted on 23.3.2021, it is submitted that Exhibit P31 order has now been passed rejecting the request on the very same grounds which were raised in Exhibits P18 and P19. The said order is under challenge on the ground that it is illegal and perverse. The petitioners seek orders of regularisation of their W.P.(C).Nos. 11813 & 30732/2021 9 services in accordance with their appointment orders and the notification based on which they were appointed. - 7.A counter affidavit has been placed on record by the 1[st] respondent stating that the contentions of the petitioners had been considered and it was found that the petitioners, who had participated in the 2[nd] selection process, got only rank No.163 and 268 in the selection and that therefore they are not entitled to regularisation since their appointment was only on a contractual basis. - 8.Respondents 2 and 3 have also placed a detailed counter affidavit on record. It is contended that the appointments of the petitioners was purely contractual in nature and that it was by Exhibit R2(a) decision of the Board of Directors of the Company dated 14.5.2013 that the appointment was made. It is submitted that clause (6) of the appointment order specifically stated that the contract will not confer any claim for regular employment in the company. It is stated that the tenure of the petitioners contract was extended and later decision was taken by the Board of Directors on 9.01.2016 to advertise 9 posts of Officers, including the post of Officer (Production and Maintenance) subject to approval of the Government. It is stated that the petitioners had W.P.(C).Nos. 11813 & 30732/2021 10 applied pursuant to Exhibit R2(f) notification dated 20.01.2016. The Board had subsequently decided to fill up the anticipated posts only on the minutes of the High Level Committee containing the recommendations for sanctioning of the posts. Exhibit R2(h) decision of the Board of Directors dated 25.02.2016 and Exhibit R2(i) Government letter were also placed on record. 9. It is stated that the Board was reconstituted in December, 2016 and when the posts were sanctioned vide Government Order dated 26.4.2018, the newly constituted Board considered the matter and decided to notify the posts based on which due notifications were issued. The selection was conducted by the Centre for Managment Development, Thiruvananthapuram and Exhibit R2(k) decision was taken to consider the petitioners alongwith the other candidates who applied to the post. It is submitted that the petitioners had obtained only 163[rd] and 268[th] rank in the selection and did not have the necessary marks for being called for the interview, which was conducted on 5.9.2020 and 8.9.2020. It is stated that a final ranked list was prepared and pursuant to the orders of the Government rejecting the claim of the petitioners, the petitioners were accordingly informed by the company. It is further contended that the petitioners, who W.P.(C).Nos. 11813 & 30732/2021 11 were contractual employees have no manner of right to continue and that the earlier decisions taken to consider their claim before the posts were sanctioned have no application and that the company could not have taken any such decision to regularise the contractual appointees since that is not a method of appointment to regular posts. It is submitted that since the petitioners did not obtain the required marks for appointment against the three vacancies the respondents had taken steps to make appointments from the ranked list. It is contended that a mention in the notification and the appointment order that the contract appointments are liable to be made permanent when vacancies arise cannot be relied upon by the petitioners, who are admittedly contract appointees, who have no manner of right to insist that they should be appointed in the regular posts which were not in existence as on the date when they were engaged on contract basis. - 10.The contentions of the contesting party respondents 4 and 6 as evident from the pleadings in their writ petition and the counter affidavit filed are that the reliefs sought for by the writ petitioners were previously raised in W.P.(C) No.25329/19 which culminated in Exhibit P29 judgment and that the petitioners were found W.P.(C).Nos. 11813 & 30732/2021 12 ineligible to be regularised in accordance with the dictum laid down in **Umadevi's case.** It is contended that the appointment of the 1[st] petitioner was itself illegal and that no right can be claimed by the 1[st] petitioner based on such illegal appointment. It is submitted that the post of Officer (Production and Maintenance) is different from that of Plant Engineer and that there is a clear change in the nature of work discharged. Hence, the petitioners cannot claim to be aggrieved by the appointments of respondents 4 and 6. It is also contended that, it is to be construed that the petitioners are estopped from raising their claim for regularisation since they applied for the selection process in 2016 and 2019. It is further contended that respondents 4 and 6 have been appointed to the duly sanctioned post only after securing top ranks and that the petitioners were unable to figure in the said ranked list and now their attempt is to seek regularisation illegally. - 11.The 5[th] respondent has also placed a counter affidavit on record raising similar contentions. - 12.I have considered the contentions advanced. It is not in dispute before me that the initial notification pursuant to which the W.P.(C).Nos. 11813 & 30732/2021 13 petitioners were appointed on contract basis held out an assurance that appointees would be regularised against vacancies arising in future. The appointment orders also contained such assurance. This Court in Exhibit P29 judgment had specifically considered the issues raised and had held that the rejection of the petitioners' claim for regularisation on the strength of **Umadevi's case** is completely unwarranted in the factual situation. Exhibit P29 judgment has become final and no appeal was filed either by the Government or the Company against the same. The impugned order of the Government and decision of the company were set aside and the matter was directed to be reconsidered, specifically taking note of the contention that the petitioners' appointment on contract basis, was pursuant to Exhibit P2 notification which specified that their appointments were liable to be regularised when permanent vacancies arise. In Exhibit P31, the reason stated for rejection of the claim of the petitioners is that regularisation of contract appointments is not a method of appointment and that the petitioners were not appointed in sanctioned posts. The reasoning in Exhibit P18 order of the Government which had been set aside by this Court is reiterated in Exhibit P31. The only additional aspect which is mentioned in the order is that the 1[st] petitioner had acquired Rank No.268 and W.P.(C).Nos. 11813 & 30732/2021 14 the 2[nd] petitioner Rank No.163 in the selection conducted pursuant to the later notification. - 13.Having considered the contentions advanced, I am of the opinion that the said findings in Exhibit P31 are completely untenable in the face of Exhibit P29 judgment, as also the earlier decisions of the respondent company as are evident from Exhibit R2(h), decision of the Board of Directors dated 25.02.2016. It is an admitted fact that the Government had sanctioned the posts including the post of Officer (Production and Maintenance) by order dated 26.4.2018. Even thereafter, Exhibit R2(k) proceedings were minuted by the Board of Directors by which the claims of the petitioners were to be considered in the selection. - 14.In the above factual situation, the contention raised by the respondents that the appointment of the petitioners were purely on contract basis and could not be regularised is completely untenable. It is to be noticed that the regular appointments to the newly sanctioned posts in the Company are also made in the same manner as was done in the case of the petitioners. There is no contention that there was any insufficiency in the selection conducted when the petitioners were initially appointed. There is W.P.(C).Nos. 11813 & 30732/2021 15 no separate or better selection process adopted when regular appointments are effected. The only contention now raised by the Company is that the appointment of the petitioners in W.P.(C) No.11813/2021 was not made against the sanctioned posts. Even if that be so, all the persons who had participated in the selection pursuant to the notification dated 14.6.2013 were specifically made aware that though the appointments were on contract basis, such appointments were likely to be made permanent on the arising of permanent vacancies. This makes the case distinct from normal contract appointments made without regular vacancies being sanctioned in the Company. Since this issue was directed to be considered specifically in the light of the notification and the appointment orders providing that the petitioners' services will be regularised as and when vacancies arise, the issue requires a reconsideration at the hands of the Government. 15.W.P.(C).No.11813 of 2021 is allowed. Exhibit P31 is set aside. There will be a direction to the 1[st] respondent to reconsider the issue specifically as directed in Exhibit P29 judgment within a period of one month from the date of receipt of a copy of this judgment. The petitioners as well as the contesting party W.P.(C).Nos. 11813 & 30732/2021 16 respondents shall be heard before orders are passed. Status quo as on today shall be maintained till then. 16.The reliefs, as sought for in W.P.(C).No.30732 of 2021 cannot be granted. However, the petitioners in this writ petition can also be heard while orders are being passed by the Government, as directed in W.P.(C).No.11813 of 2021. **==> picture [25 x 12] intentionally omitted <==** **Anu Sivaraman, Judge** sj W.P.(C).Nos. 11813 & 30732/2021 17 ## **APPENDIX OF WP(C) 11813/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE NOTIFICATION IN THE| ||'MATHRUBHUMI' DAILY DATED 12.06.2013.| |Exhibit P2|TRUE COPY OF THE NOTIFICATION DATED| ||14.06.2013 PUBLISHED ON THE OFFICIAL| ||WEBSITE OF THE KERALA FEEDS LTD.| |Exhibit P3|TRUE COPY OF THE MINUTES OF THE INTERVIEW| ||HELD ON 20TH AUGUST 2013 FOR THE SELECTION| ||OF PLANT ENGINEER IN MECHANICAL.| |Exhibit P4|TRUE COPY OF THE MINUTES OF THE INTERVIEW| ||HELD ON 20TH AUGUST 2013 FOR THE SELECTION| ||OF PLANT ENGINEER-INSTRUMENTATION.| |Exhibit P5|TRUE COPY OF THE ORDER| ||NO.KFL/2112/13/C/938/14 DATED 22.02.2014| ||OF THE 3RD RESPONDENT TO THE 1ST| ||PETITIONER.| |Exhibit P6|TRUE COPY OF THE ORDER| ||NO.KFL/2112/13/6869/13 DATED 11.09.2013 OF| ||THE 3RD RESPONDENT TO THE 2ND PETITIONER.| |Exhibit P7|TRUE COPY OF THE ORDER OF APPOINTMENT OF| ||THE 1ST PETITIONER TO THE POST OF SENIOR| ||GRADE III.| |Exhibit P8|TRUE COPY OF THE MINUTES OF THE BOARD| ||MEETING HELD ON 22.05.2016 OF THE BOARD OF| ||DIRECTORS OF THE KERALA FEEDS LTD.| |Exhibit P9|TRUE COPY OF THE JUDGMENT DATED 06.04.2017| ||IN W.P(C)NO.23839/2016 OF THIS HON'BLE| ||COURT.| |Exhibit P10|TRUE COPY OF THE G.O(MS)NO.222/14/AD DATED| ||01.10.2014.| W.P.(C).Nos. 11813 & 30732/2021 18 |Exhibit P11|TRUE COPY OF THE OFFICE ORDER| |---|---| ||NO.KFL/439/99/L-488/18 DATED 13.03.2018 OF| ||THE 3RD RESPONDENT.| |Exhibit P12|TRUE COPY OF THE G.O.(MS)NO.13/2018/AHD| ||DATED 26.04.2018.| |Exhibit P13|TRUE COPY OF THE NOTIFICATION DATED| ||28.02.2019 ISSUED BY THE KERALA FEEDS LTD.| |Exhibit P14|TRUE COPY OF THE JUDGMENT DATED 07.05.2019| ||IN W.P(C)NO.13100/2019 OF THIS HON'BLE| ||COURT.| |Exhibit P15|TRUE COPY OF THE HALL TICKET ISSUED TO THE| ||1ST PETITIONER BY THE KERALA FEEDS LTD. ON| ||03.09.2019.| |Exhibit P16|TRUE COPY OF THE HALL TICKET ISSUED TO THE| ||2ND PETITIONER BY THE KERALA FEEDS LTD.ON| ||3.09.2020.| |Exhibit P17|TRUE COPY OF THE MINUTES OF THE MEETING OF| ||THE BOARD OF DIRECTORS OF THE 2ND| ||RESPONDENT HELD ON 27.10.2018.| |Exhibit P18|TRUE COPY OF THE GOVERNMENT LETTER| ||NO.F2/122/2019-AH DATED 30.09.2019.| |Exhibit P19|TRUE COPY OF THE ORDER NO.MD/M47/L48/19| ||DATED 05.11.2019 OF THE 3RD RESPONDENT.| |Exhibit P20|TRUE COPY OF THE COUNTER AFFIDAVIT SWORN| ||TO BY THE 3RD RESPONDENT IN W.P.| ||(C)NO.23839/2016-D.| |Exhibit P21|TRUE COPY OF THE INTERIM ORDER DATED| ||27.1.2020 IN W.P(C)NO.25329/2019 OF THIS| ||HON'BLE COURT.| |Exhibit P22|TRUE COPY OF THE RANK LIST DOWNLOADED FROM| ||THE WEBSITE OF THE COMPANY.| W.P.(C).Nos. 11813 & 30732/2021 19 |Exhibit P23|TRUE COPY OF THE AS PER ORDER| |---|---| ||NO.KFL/2447/20 DATED 12.12.2020 OF THE 3RD| ||RESPONDENT.| |Exhibit P24|TRUE COPY OF THE ORDER KFL/2445/20 DATED| ||12.12.2020 OF THE 3RD RESPONDENT.| |Exhibit P25|TRUE COPY OF THE ORDER NO.KFL/2446/2020| ||DATED 12.12.2020 OF THE 3RD RESPONDENT.| |Exhibit P26|TRUE COPY OF THE APPLICATION DATED| ||16.10.2020 UNDER THE RIGHT TO INFORMATION| ||ACT, 2005.| |Exhibit P27|TRUE COPY OF THE REPLY RECEIVED ON| ||14.11.2020.| |Exhibit P28|TRUE COPY OF THE APPOINTMENT ORDER| ||NO.KFL/1994/11/8109/20 DATED 09.10.2020| ||ISSUED TO THE 5TH RESPONDENT.| |Exhibit P29|TRUE COPY OF THE JUDGMENT DATED 20.01.2021| ||IN W.P(C)NO.25329/2019 OF THIS HON'BLE| ||COURT.| |Exhibit P30|TRUE COPY OF THE HEARING NOTE WITHOUT ITS| ||ENCLOSURES SUBMITTED BY THE PETITIONERS.| |Exhibit P31|TRUE COPY OF THE G.O.(RT)NO.181/2021/AHD| ||DATED 29.04.2021.| |Exhibit P32|TRUE COPY OF THE CIRCULAR NO.11/2020 DATED| ||24.03.2020 OF THE LABOUR COMMISSIONER.| |Exhibit P33|TRUE COPY OF THE REQUEST DATED 15.05.2021| ||SUBMITTED BY THE 1ST PETITIONER BEFORE THE| ||MANAGER (P&A).| |Exhibit P34|TRUE COPY OF THE REQUEST DATED 14.05.2021| ||SUBMITTED BY THE 2ND PETITIONER BEFORE THE| ||MANAGER (P&A).| W.P.(C).Nos. 11813 & 30732/2021 20 RESPONDENTS EXHIBITS |EXT R2(A)|TRUE COPY OF THE MINUTES OF THE BOARD| |---|---| ||MEETING HELD ON 14.5.2013 TO APPROVE| ||ENGAGEMENT OF ENGINEERS AT KOZHIKODE AND| ||QUALITY CONTROL PERSON AT KANJIKODE SITE| ||ON CONTRACT BASIS| |EXT R2(B)|TRUE COPY OF THE NOTIFICATION PUBLISHED IN| ||THE COMPANY WEBSITE| |EXT.R2(C)|TRUE COPY OF THE MINUTES OF THE INTERVIEW| ||HELD ON 20.8.2013 FOR THE SELECTION OF| ||PLANT ENGINEER INSTRUMENTATION| |EXT R2(D)|TRUE COPY OF THE APPOINTMENT ORDER DATED| ||11.9.2013 ISSUED TO THE ABOVE 2ND| ||PETITIONER.| |EXT.R2(E)|TRUE COPY OF THE APPOINTMENT ORDER DATED| ||22.2.2014 ISSUED TO THE ABOVE 1ST| ||PETITIONER.| |EXT.R2(F)|TRUE COPY OF THE NOTIFICATION DATED| ||20.1.2016| |EXT.R2(G)|TRUE COPY OF THE MINUTES OF BOARD OF| ||DIRECTORS HELD ON 9.1.2016| |EXT.R2(H)|TRUE COPY OF BOARD MINUTES DATED| ||25.2.2016.| |EXT.R2(I)|TRUE COPY OF GOVERNMENT LETTER DATED| ||15.4.2016| |EXT.R2(J)|TRUE COPY OF THE NOTIFICATION DATED| ||2.3.2019 PUBLISHED IN MATHRUBHUMI DAILY| ||DTD6.3.2019 PUBLISHED IN MALAYALA| ||MANAORAMA DAILY| |EXT.R2(K)|TRUE COPY OF THE BOARD MINUTES DATED| ||5.1.2019| W.P.(C).Nos. 11813 & 30732/2021 21 EXT.R2(L) TRUE COPY OF THE BOARD DECISION DATED 4.11.2019 EXT.R2(M) TRUE COPY OF THE FINAL RANK LIST FOR SELECTION TO POST OF OFFICER (p&m) TRAINEE HELD ON 5.9.2020 & 8.9.2020 EXT.R2(N) TRUE COPY OF THE JUDGEMENTDATED 7.5.2019 IN WPC 13100/19 BY THIS COURT EXT.R2(O) TRUE COPY OF THE GOVERNMENT LETTER DATED 30.9.2019 ISSUED TO THE COMPANY EXT.R2(P) TRUE COPY OF ORDER DATED 5.11.2019 ISSUED BY THE COMPANY EXT.R2(Q) TRUE COPY OF THE JUDGMENT DATED 20.01.2021 IN WPC 25329/2019 NY THIS HONBLE COURT. EXT.R2(R) TRUE COPY OF THE GOVERNMENT ORDER DATED 29.4.2021. W.P.(C).Nos. 11813 & 30732/2021 22 ## **APPENDIX OF WP(C) 30732/2021** PETITIONER EXHIBITS Exhibit P1 RANK LIST DATED 08-10-2020, PUBLISHED FOR THE POST OF OFFICER (PRODUCTION AND MAINTENANCE) IN 2ND RESPONDENT Exhibit P2 COPY OF THE EMPLOYMENT CONTRACT NO. KLF/2112/13/C1938/14 DATED 22-02-2014 ENTERED INTO BY THE 3RD RESPONDENT Exhibit P2A COPY OF THE EMPLOYMENT CONTRACT NO. 17-18 KFL/2112/13/6869/13, DATED 11-09-2013 ENTERED INTO BY THE 4TH RESPONDENT Exhibit P2B COPY OF THE NOTIFICATION INVITING APPLICATION FOR THE POST DATED 14-06-2013 Exhibit P3 COPY OF THE G.O(MS) NO. 13/2018/AHD DATED 26-04-2018 ISSUED BY THE FIRST RESPONDENT Exhibit P3A COPY OF THE GO(MS0 NO. 222/14/AD, DATED 01-10-2014 ISSUED BY THE FIRST RESPONDENT Exhibit P4 COPY OF NOTIFICATION DATED 28-02-2019 PUBLISHED BY THE 2ND RESPONDENT Exhibit P5 COPY OF THE RANK LIST IN RESPECT OF PLANT ENGINEER IN MECHANICAL PUBLISHED PURSUANT TO THE INTERVIEW CONDUCTED ON 20-08-2013 Exhibit P5A COPY OF THE RANK LIST IN RESPECT OF PLANT ENGINEER IN INSTRUMENTATION PUBLISHED PURSUANT TO THE INTERVIEW CONDUCTED ON 2008-2013 Exhibit P6 COPY OF THE LETTER NO F2/122/2019-AH DATED 30-09-2019 , ISSUED BY THE 1ST RESPONDENT Exhibit P6A COPY OF LETTER NO. MD/M47/L48/19, DATED 05-11-2019, ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS RETYPED COPY W.P.(C).Nos. 11813 & 30732/2021 23 Exhibit P7 COPY OF JUDGMENT DATED 20-01-2021 IN WP(C) NO. 25329 OF 2019 OF THIS HONOURABLE COURT. Exhibit P8 COPY OF GO9RT) NO. 181/2021/AHD DATED 2904-2021 True copy PS to Judge