Seniority after merger of radiographers and X-ray technicians was challenged despite an earlier assurance protecting radiographers' promotion prospects. The Court upheld fixation under Rules 27(a) and 27(c) of Part II of the Kerala State and Subordinate Service Rules and dismissed both petitions without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942
OP(KAT).No.70 OF 2019
AGAINST THE ORDER IN OA 1680/2015 DATED 14-01-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 STEPHEN T.S., AGED 51 YEARS (NOW 54 YEARS), S/O.THARTHEES S., RADIOGRAPHER GRADEII, GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN-695035, RESIDING AT ADARSH NILAYAM, (WRONGLY TYPED AS ADARSHA NILAYAM IN THE OA), KOCHUTHOPPE, VALLAKKADAVU P.O., THIRUVANANTHAPURAM, KERALA, PIN-695008.
2 SUBAIDA, AGED 50 YEARS (NOW 53 YEARS), W/O.S.SYED ZAHEER, RADIOGRAPHER GRADE -I, DISTRICT MODEL HOSPITAL, PEROORKADA, THIRUVANANTHAPURAM, PIN-695005, (NOW WORKING IN GENERAL HOSPITAL, ALAPPUZHA), RESIDING AT HOUSE NO.108, SULAI MANZIL, KALPAKA NAGAR, CHAKAI, THIRUVANANTHAPURAM, PIN-695024.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.L.ANNAPOORNA SHRI.VISHNU V.K. KUM.ABHIRAMI K. UDAY
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
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4 XAVIER VERGHESE, RADIOGRAPHER, GENERAL HOSPITAL, CHANGANASSERY, KOTTAYAM, PIN-686101, (NOW WORKING IN GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN-695035).
R1 & R2 BY SR, GOVT. PLEADER SRI. P.N. SANTHOSH R3-4 BY ADV. SRI.R.SANTHOSH (VARKALA) R3-4 BY ADV. SRI.A.CHANDRA BABU R3-4 BY ADV. SRI.C.R.VIJAYAKUMARAN PILLAI R3-4 BY ADV. SMT.S.SANTHY (S-3446)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 21.10.2020, ALONG WITH OP(KAT).71/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942
OP(KAT).No.71 OF 2019
AGAINST THE ORDER DATED 14-01-2019 IN OA 732/2015 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 STEPHEN T.S. AGED 51 YEARS (NOW 54 YEARS), S/O.THARTHEES.S., RADIOGRAPHER GRADE-II, GENERAL HOSPITAL, THIRUVANANTHAPURAM, PIN-695035, RESIDING AT ADARSH NILAYAM,(WRONGLY TYPES AS ADASHA NILAYAM IN THE OA) KOCHUTHOPPE, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM, KERALA, PIN-695008.
2 SUBAIDA AGED 50 YEARS (NOW 53 YEARS), W/O.S.SYED ZAHEER, RADIOGRAPHER GRADE-I, DISTRICT MODEL HOSPITAL, PEROORKADA, THIRUVANANTHAPURAM, PIN-695005, (NOW WORKING IN GENERAL HOSPITAL, ALAPPUZHA), RESIDING AT HOUSE NO.108, SULAI MANZIL, KALPAKA NAGAR, CHAKAI, THIRUVANANTHAPURAM, PIN-695024.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.L.ANNAPOORNA SHRI.VISHNU V.K. KUM.ABHIRAMI K. UDAY
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
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5 XAVIER VERGHESE, RADIOGRAPHER, GENERAL HOSPITAL, CHANGANASSERY, KOTTAYAM, PIN-685035.
R1 & R2 BY SR, GOVT. PLEADER SRI. P.N. SANTHOSH R4-5 BY ADV. SRI.R.SANTHOSH (VARKALA) R4-5 BY ADV. SRI.A.CHANDRA BABU R4-5 BY ADV. SRI.C.R.VIJAYAKUMARAN PILLAI R4-5 BY ADV. SMT.S.SANTHY (S-3446)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 21.10.2020, ALONG WITH OP(KAT).70/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 21st day of October, 2020
Gopinath, J:
These Original Petitions have been filed challenging the common order dated 14.1.2019 in OA (EKM) No.732/2015 and OA No.1680/2015 on the files of the Kerala Administrative Tribunal. The petitioners were the applicants before the Tribunal.
The facts may be briefly noticed:-
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dated 07-12-2010, issued at the time of integration of the two cadres, providing that the promotion prospects of the Radiographers will not be affected by the merger of the two cadres. A-4 order dated 07-12-2010 was followed by the preparation of A-9 seniority list of the merged cadre wherein the erstwhile X-Ray Technicians who were merged into the cadre of Radiographers were ranked en-bloc below the Radiographers. This seniority list appears to have been subsequently cancelled by the Government holding that seniority in the merged cadre of Radiographers and X-Ray Technicians should be determined with reference to Rules 27 (a) and 27 (c) of Part-II of Kerala State and Subordinate Service Rules. OA No.1680/2015 was filed challenging a Government Order dated 14-09-2015 through which it was held that on the Government having decided to cancel the seniority list (A-9 in O.A (Ekm) 732/2015) the grievance of the erstwhile x-ray Technicians had been redressed. The original applications have been dismissed and we are called upon to examine the correctness of the order passed by the Tribunal.
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selection/appointment to these posts were also different, at least till 2005 when the relevant Rules were amended. After 2005 the prescribed qualifications became more or less similar however that the similarity was only in respect of the alternate qualification for Radiographers. He would submit that Radiographers had substantially more promotion avenues and that a Radiographer could even be promoted to the post of Chief Radiographer which is a Gazetted post in the State Service whereas X-Ray Technicians did not have any such promotion avenues. He would further contend that the decision originally taken by the Government which is evident from Annexures-A4 & A5 and Annexure-A9 is that Radiographers, on the merger, would rank en-bloc senior to the X-Ray Technicians. He would state that A-4 was not challenged by anybody and had become final for all purposes. He states that A-9 seniority was cancelled without any notice and that the decision taken to determine seniority in the merged cadre with reference to Rule 27 (a) or 27 (c) of Part-II of the KS & SSR suffers from the vice of arbitrariness. He would submit that two unequal cadres having been merged to form one cadre, seniority in the merged cadre cannot be determined with reference to Rule 27 (a) or 27 (c) of PartII of the KS & SSR. He would add that the identical issue had once been determined by the Tribunal through A-7 order upholding the decision to grant seniority to the Radiographers in the Medical Education Department over and above X-Ray Technicians in that Department. He would urge that
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there was no rhyme or reason for the Tribunal to take a different view in the case on hand. He also highlights the fact that the erstwhile x-ray technicians could easily get a promotion from x-ray technician Grade -2 to Grade-1 due to larger number of retirements, the same was not the case in the cadre of radiographers. He states that the 1st petitioner in O.P (KAT) 71/2019 had to retire without getting even one promotion in his entire career spanning from 1987 to 2019. He also points out that the Director of Health services had initially (before A-4) opposed the merger citing the major differences in respect of the two cadres. Lastly, he submits that Exhibit R4(6) judgment of this Court (produced along with the Counter Affidavit of the party respondents in O.P (KAT) 71/2019) has no application in the facts of these cases.
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According to him, A-7 order has no application in the facts of the present case. He would also submit that Ext.R4(6) judgment of this Court which has been affirmed by the Supreme Court squarely applies. He would contend that the view taken by the Tribunal is the correct view and we should, therefore, sustain the order.
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Ray Technicians faster promotions were given due to the larger number of retirements. He would reiterate his contention that Annexure-A4 through which it was decided that the Radiographers should be granted seniority over and above the X-Ray Technicians has not been challenged by anybody and that Ext.R4(6) judgment has no application to the facts of these cases. 8. We have considered the contentions raised by both sides. The posts of X-Ray Technicians Grade-II and Radiographers Grade-II were indeed two distinct and different cadres in the Health Service Department. A reference to Ext.P7 letter of the Director of Health Services also shows that there were differences in qualification, nature of duties etc. However, we cannot at this distance of time examine the question as to whether the decision to merge the two cadres was justified or not. In mergers like these, when two posts/cadres are merged, there will always be disputes regarding seniority and further promotions. Whether or not certain posts/cadres have to be merged/integrated, on what terms etc. is clearly a policy decision of the Government. Unless such decisions were to be manifestly unjust, arbitrary or illegal we would not be justified in interfering with the same. In the facts of these cases, it is true that the government had initially decided that the radiographers should rank en-bloc senior to X-ray technicians. However, Later the government decided that seniority in the merged cadre of Radiographers will be fixed under Rules 27 (a) & 27 (c) of Part II of KS & SSR. This decision cannot be said to be so arbitrary or
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unreasonable warranting any interference by the Tribunal or by this Court. It may be true that fixation of seniority with reference to the aforesaid
Rules may cause some heartburn or difficulty to Radiographers who were already in that cadre before the merger. But is that by itself a ground to hold that erstwhile X-Ray Technicians should be ranked en-bloc junior to the Radiographers? It is true that in Annexure-A7 the Tribunal found that there was no illegality in granting seniority to Radiographers. However, as rightly pointed out by the learned counsel for the party respondents we do not see any substantial difference in the basic qualification for Radiographer Grade-II and X-Ray Technician especially after amendments of the Recruitment Rules in 2005. In Annexure-A7 order, the Tribunal was concerned with seniority of X-Ray Technicians who were transferred to the Medical Education Service based on their option following the introduction of the dual control system (between the Directorate of Health Services and the Directorate of Medical Education). A Division Bench of this court in WA No.1740/2019 (Ext. R4 (6) in OP (KAT) No.71/2019) has considered the question regarding fixation of seniority, upon merger of cadres, in extenso. There, this court was concerned with the unification of posts of Radiographer Grade-II, Technician Grade-II Radiology and X-Ray Technician in the Medical Education Department. This Court held that the decision of the Government to fix seniority in the merged cadre following the principles in Rule 27 of Part II of the KS & SSR suffers from no
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illegality. Though the learned counsel for the petitioners very vehemently suggests that the fact situation considered by this Court in W.A No.1740/1999 was completely different we cannot ignore the fact that even if we were to accept this submission, the principles laid down therein would bind us especially when it cannot be disputed that the judgment of the Division Bench in W.A No.1740/1999 has merged with the order of the Supreme Court of India as the Civil Appeals filed against that judgment of the Division Bench were dismissed by the Apex Court vide Ext.R4(7) order.
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the merged cadre is maintained as in A-9, the 4th respondent who was joined service on 01-12-1989 as X-Ray Technician Grade-II would rank junior to one Ambily C.S. whose date of entry into service is on 17-03-2008. As we have already indicated, when two posts are merged as in these cases there is every likelihood of some employees being aggrieved. However in the absence of malafides or manifest arbitrariness etc. it is neither the duty nor the function of Courts and Tribunals to examine the circumstances which led to a decision being taken to merge certain posts. Once the decision to merge certain posts/cadres is taken and that has become final then, the Government must find some reasonable and rational basis for determining the seniority of incumbents in the merged cadre. Here the Government decided to follow the principles governing fixation of seniority in Rule 27 of Part II of KS & SSR. We find it difficult to characterize such a decision of the Government as either arbitrary or illegal though we are conscious of the fact that vide A-4 the Government had decided to protect all the promotional avenues of those working as Radiographers before the merger. In the result, these original petitions fail and they are accordingly dismissed. No costs.
(Sd/-) A. M. SHAFFIQUE Judge
(Sd/-) GOPINATH P. Judge
AMG
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APPENDIX OF OP(KAT) 70/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE O.A.(EKM) NO.1680/2015 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. |
|---|---|
| ANNEXURE A1 | TRUE COPY OF ORDER DATED 13/01/2005 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A2 | TRUE COPY OF ORDER DATED 24/06/1967 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A3 | TRUE COPY OF ORDER DATED 18/01/2005 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A4 | TRUE COPY OF ORDER DATED 07/12/2010 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A5 | TRUE COPY OF ORDER DATED 09/02/2011 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A6 | TRUE COPY OF ORDER DATED 03/09/2011 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A7 | TRUE COPY OF ORDER DATED 17/12/2012 IN IA NO.,2418/2012. |
| ANNEXURE A8 | TRUE COPY OF ORDER DATED 27/09/2013 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A9 | TRUE COPY OF ORDER DATED 13/02/2015 ISSUED BY THE 2ND RESPONDENT. |
| ANNEXURE A9(A) | TRUE COPY OF UNIFIED FINAL SENIORITY LIST OF RADIOGRAPHERS AS ON 31/03/2012. |
| ANNEXURE A10 | TRUE COPY OF ORDER DATED 18/05/2015 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A11 | TRUE COPY OF INTERIM ORDER DATED 12/08/2015 IN OA (EKM) 732/2015. |
| ANNEXURE A12 | TRUE COPY OF ORDER DATED 17/03/2015 IN OA 313/2015. |
| ANNEXURE A13 | TRUE COPY OF ORDER DATED 14/09/2015 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P2 | TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT. |
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| ANNEXURE R2(a) EXHIBIT P3 |
TRUE COPY OF ORDER DATED 25/03/2006. TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 3 AND 4. |
|---|---|
| ANNEXURE R4(1) | THE TRUE COPY OF THE ORDER UNDER REF. NO.EF2- 23493/2001/DHS DATED 31/12/2002 ISSUED BY THE DIRECTOR OF HEALTH SERVICE. |
| ANNEXURE R4(2) | THE TRUE COPY OF THE APPENDIX II IN ANNEXURE R4(1). |
| ANNEXURE R4(3) | THE TRUE COPY OF THE GO(RT) NO.2221/92/H&FWD DATED 04/09/1992 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(4) | THE TRUE COPY OF THE ORIGINAL PETITION DATED 09/10/1992 IN OP NO.13026/1992 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA. |
| ANNEXURE R4(5) | THE TRUE COPY OF THE JUDGMENT DATED 26/03/1999 OF THE HON'BLE HIGH COURT OF KERALA IN OP NO.13026/1992-A. |
| ANNEXURE R4(7) | THE TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.1343/2005 DATED 25/03/2010. |
| ANNEXURE R4(8) | THE TRUE COPY OF THE GO(RT) NO.4815/2010/H&FWD DATED 07/12/2010 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(9) | THE TRUE COPY OF THE GO(RT) NO.7923/H2/2011 DATED 18/05/2011 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(10) | THE TRUE COPY OF THE ORDER NO.52330/H2/12 DATED 13/03/2013 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(11) | THE TRUE COPY OF THE ORDER UNDER REF NO.GO(RT) 3300/2013 DATED 27/09/2013 ISSUED BY THE 2ND RESPONDENT. |
| ANNEXURE R4(12) | THE TRUE COPY OF THE ORDER NO. GO(RT) NO.1451/2015 H&FWD DATED 18/05/2015. |
| ANNEXURE R4(13) | THE TRUE COPY OF THE GO(RT) NO.1440/2016/H&FWD DATED 23/05/2016. |
| ANNEXURE R4(14) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 09/06/1987 FOR CATEGORY NO.13 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
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| ANNEXURE R4(15) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 23/02/1988 FOR CATEGORY NO.7 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
|---|---|
| ANNEXURE R4(16) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 22/11/1994 FOR CATEGORY NO.183/94 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(17) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 15/06/2004 FOR CATEGORY NO.80/2004 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(18) | THE TRUE COPY OF THE GAZETTE NOTIFICATION NO.R1 (B)4-28126/69 DATED 22/08/1969 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(19) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 23/12/1980 FOR CATEGORY NO.3 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(20) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 18/12/1990 FOR CATEGORY NO.3 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(21) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 01/08/1995FOR CATEGORY NO.130/95 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(22) | THE TRUE COPY OF THE REVISED ORDER NO. GO(MS) NO.15/2005/H&FWD DATED 13/01/2005 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(23) | THE TRUE COPY OF THE REVISED ORDER NO. GO(MS) NO.20/2005/H&FWD DATED 18/01/2005 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(24) | THE TRUE COPY OF THE ORDER OF THE FINANCE (PRC) DEPARTMENT, GOVERNMENT OF KERALA UNDER REF. NO.GO(P) NO.145/2006/FIN. DATED 25/03/2006. |
| ANNEXURE R4(25) | THE TRUE COPY OF THE GO(P) NO.548/2008/H&FWD DATED 25/10/2008 PASSED BY THE GOVERNMENT OF KERALA. |
| ANNEXURE R4(26) | THE TRUE COPY OF THE JUDGMENT DATED 10/06/2016 OF THE HON'BLE HIGH COURT OF KERALA IN OP (KAT) NO. 15/2016(Z). |
| EXHIBIT P4 | TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS IN O.A.NO.1680 OF 2015 OF THIS HON'BLE TRIBUNAL. |
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ANNEXURE A14 TRUE COPY OF JUDGMENT DATED 10/06/2016 IN OP(KAT) NO.15/2016. EXHIBIT P5 TRUE COPY OF ORDER DATED 14.01.2019 IN O.A.1680/2015 OF THIS HON'BLE TRIBUNAL. ANNEXURE R4(6) THE TRUE COPY OF THE JUDGMENT DATED 09/12/2002 OF THE DIVISION BENCH OF THE HON'BLE HIGH COURT OF KERALA IN WA NO.1740/1999(D).
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APPENDIX OF OP(KAT) 71/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE AMENDED O.A.732/2015 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. |
|---|---|
| ANNEXURE A1 | TRUE COPY OF ORDER DATED 13/01/2005 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A2 | TRUE COPY OF ORDER DATED 24/06/1967 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A3 | TRUE COPY OF ORDER DATED 18/01/2005 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A4 | TRUE COPY OF ORDER DATED 07/12/2010 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A5 | TRUE COPY OF ORDER DATED 09/02/2011 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A6 | TRUE COPY OF ORDER DATED 03/09/2011 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A7 | TRUE COPY OF ORDER DATED 17/12/2012 IN IA NO. 2418/2012. |
| ANNEXURE A8 | TRUE COPY OF ORDER DATED 27/09/2013 ISSUED BY THE 1ST RESPONDENT. |
| ANNEXURE A9 | TRUE COPY OF ORDER DATED 13/02/2015 ISSUED BY THE 2ND RESPONDENT. |
| ANNEXURE A9(A) | TRUE COPY OF UNIFIED FINAL SENIORITY LIST OF RADIOGRAPHERS AS ON 31/03/2012. |
| ANNEXURE A10 | TRUE COPY OF INTERIM ORDER DATED 12/08/2015 IN OA (EKM) 732/2015. |
| ANNEXURE A11 | TRUE COPY OF ORDER DATED 23/05/2016 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P2 | TRUE COPY OF THE REPLY STATEMENT ALONG WITH THE ADOPTION MEMO IN O.A.(EKM)732/2015 FILED BY THE GOVERNMENT PLEADER OF THIS HON'BLE TRIBUNAL. |
| EXHIBIT P3 | TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF |
| OF THE RESPONDENT NOS. 4 AND 5 IN O.A. | |
| (EKM)NO.732/2015 OF THIS HON'BLE TRIBUNAL. |
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| ANNEXURE R4(1) | THE TRUE COPY OF THE ORDER UNDER REF. NO.EF2- 23493/2001/DHS DATED 31/12/2002 ISSUED BY THE DIRECTOR OF HEALTH SERVICE. |
|---|---|
| ANNEXURE R4(2) | THE TRUE COPY OF THE APPENDIX II IN ANNEXURE R4(1). |
| ANNEXURE R4(3) | THE TRUE COPY OF THE GO(RT) NO.2221/92/H&FWD DATED 04/09/1992 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(4) | THE TRUE COPY OF THE ORIGINAL PETITION DATED 09/10/1992 IN OP NO.13026/1992 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA. |
| ANNEXURE R4(5) | THE TRUE COPY OF THE JUDGMENT DATED 26/03/1999 OF THE HON'BLE HIGH COURT OF KERALA IN OP NO.13026/1992-A. |
| ANNEXURE R4(6) | THE TRUE COPY OF THE JUDGMENT DATED 09/12/2002 OF THE DIVISION BENCH OF THE HON'BLE HIGH COURT OF KERALA IN WRIT APPEAL NO.1740/1999(D). |
| ANNEXURE R4(7) | THE TRUE COPY OF THE JUDGEMENT OF THE HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.1343/2005 DATED 25/03/2010. |
| ANNEXURE R4(8) | THE TRUE COPY OF THE GO(RT) NO.4815/2010/H&FWD DATED 07/12/2010 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(9) | THE TRUE COPY OF THE GO(RT) NO.7923/H2/2011 DATED 18/05/2011 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(10) | THE TRUE COPY OF THE ORDER NO.52330/H2/12 DATED 13/03/2013 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(11) | THE TRUE COPY OF THE ORDER UNDER REF NO.GO(RT) 3300/2013 DATED 27/09/2013 ISSUED BY THE 2ND RESPONDENT. |
| ANNEXURE R4(12) | THE TRUE COPY OF THE ORDER NO. GO(RT) NO.1451/2015 H&FWD DATED 18/05/2015. |
| ANNEXURE R4(13) | THE TRUE COPY OF THE GO(RT) NO.1440/2016. |
| ANNEXURE R4(14) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 09/06/1987 FOR CATEGORY NO.13 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(15) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 23/02/1988 FOR CATEGORY NO.7 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
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| ANNEXURE R4(16) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 22/11/1994 FOR CATEGORY NO.183/94 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
|---|---|
| ANNEXURE R4(17) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 15/06/2004 FOR CATEGORY NO.80/2004 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(18) | THE TRUE COPY OF THE GAZETTE NOTIFICATION NO.R1 (B)4-28126/69 DATED 22/08/1969 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(19) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 23/12/1980 FOR CATEGORY NO.3 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURER4(20) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 18/12/1990 FOR CATEGORY NO.3 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(21) | THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 01/08/1995 FOR CATEGORY NO.130/95 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| ANNEXURE R4(22) | THE TRUE COPY OF THE REVISED ORDER NO. GO(MS) NO.15/2005/H&FWD DATED 13/01/2005 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(23) | THE TRUE COPY OF THE REVISED ORDER NO. GO(MS) NO.20/2005/H&FWD DATED 18/01/2005 ISSUED BY THE RESPONDENT NO.2. |
| ANNEXURE R4(24) | THE TRUE COPY OF THE ORDER OF THE FINANCE (PRC) DEPARTMENT, GOVERNMENT OF KERALA UNDER REF. NO.GO(P) NO.145/2006/FIN. DATED 25/03/2006. |
| ANNEXURE R4(25) | THE TRUE COPY OF THE GO(P) NO.548/2008/H&FWD DATED 25/10/2008 PASSED BY THE GOVERNMENT OF KERALA. |
| ANNEXURE R4(26) | THE TRUE COPY OF THE JUDGMENT DATED 10/06/2016 OF THE HON'BLE HIGH COURT OF KERALA IN OP (KAT) NO. 15/2016(Z). |
| EXHIBIT P4 | TRUE COPY OF THE ORDER DATED 14/01/2019 IN O.A. (EKM)NO.732/2015 OF THIS HON'BLE TRIBUNAL. |
| EXHIBIT P5 | TRUE COPY OF THE ORDER NO. EF(5) 22398/94/DHS DATED 17/11/1994 OF THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL) ALONG WITH THE APPENDED GRADATION LIST. |
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EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 03/03/2010 SUBMITTED BY THE INDIAN SOCIETY OF RADIOGRAPHERS AND TECHNOLOGISTS BEFORE THE HON'BLE MINISTER FOR HEALTH AND FAMILY WELFARE. EXHIBIT P7 TRUE COPY OF THE LETTER NO.EF2-20495/09/DHS DATED 23/11/2009 OF THE DIRECTOR OF HEALTH SERVICES ALONG WITH THE ENCLOSURES. EXHIBIT P8 TRUE COPY OF THE ORDER NO. EF2.2179/87/DHS DATED 12/01/1987 OF THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL). EXHIBIT P9 TRUE COPY OF THE ORDER NO. EF2/17548086/DHS DATED 23/04/1987 OF THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL).
RESPONDENT'S EXHIBITS:
| EXHIBIT R4(1) | TRUE COPY OF THE 23493/2001/DHS DA DIRECTOR OF HEALT |
ORDER UNDER REF. NO.EF2- TED 31/12/2002 ISSUED BY THE H SERVICE. |
|---|---|---|
| EXHIBIT R4(2) | THE TRUE COPY OF R4(1) |
THE APPENDIX II IN ANNEXURE |
| EXHIBIT R4(3) | THE TRUE COPY OF DATED 04/09/1992 |
THE GO(RT) NO.2221/92/H&FWD ISSUED BY THE RESPONDENT NO.2. |
| EXHIBIT R4(4) | THE TRUE COPY OF 09/10/1992 IN OP THE HOON'BLE HIGH |
THE ORIGINAL PETITION DATED NO. 13026/1992 ON THE FILES OF COURT OF KERALA. |
| EXHIBIT R4(5) | THE TRUE COPY OF OF THE HON'BLE HI NO.13026/1992-A. |
THE JUDGMENT DATED 26/03/1999 GH COURT OF KERALA IN OP |
| EXHIBIT R4(6) | THE TRUE COPY OF OF THE DIVISION B OF KERALA IN WRIT |
THE JUDGMENT DATED 09/12/2002 ENCH OF THE HON'BLE HIGH COURT APPEAL NO. 1740/1999(D). |
| EXHIBIT R4(7) | THE TRUE COPY OF SUPREME COURT OF NO.1343/2005 DATE |
THE JUDGMENT OF THE HON'BLE INDIA IN CIVIL APPEAL D 25/03/2010. |
| EXHIBIT R4(8) | THE TRUE COPY OF DATED 07/12/2010 |
THE GO(RT) NO. 4815/2020/H&FWD ISSUED BY THE RESPONDENT NO.2. |
| EXHIBIT R4(9) | THE TRUE COPY OF DATED 18/05/2011 |
THE GO(RT) NO.7923/H2/2011 ISSUED THE RESPONDENT 2. |
| EXHIBIT R4(10) | TRUE COPY OF THE 13/03/2013 ISSUED |
ORDER NO.52330/H2/12 DATED BY THE RESPONDENT NO.2. |
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| EXHIBIT R4(11) | THE TRUE COPY OF THE ORDER UNDER REF. NO.GO(RT) 3300/2013 DATED 27/09/2013 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT R4(12) | THE TRUE COPY OF THE ORDER NO. GO(ORD) NO.1451/2015/H&FWD DATED 18/05/2015. |
| EXHIBIT R4(13) | THE TRUE COPY OF THE GO(RT) NO.1441/2016/H&FWD DATED 23/05/2016 ISSUED BY THE RESPONDENT NO.2. |
| EXHIBIT R4(14) | THE TRUE COPY OF THE GO(MS0 NO.124/2007/H&FWD DATED 01/06/2007 ISSUED BY THE RESPONDENT NO.2. |
| EXHIBIT R4(15) | THE TRUE COPY OF THE GO(P) NO. 548/2008/H&FWD DATED 25/10/2008 ISSUED BY THE GOVERNMENT OF KERALA. |
| EXHIBIT R4(16) | THE TRUE COPY OF THE JUDGMENT DATED 10/06/2016 OF THE HON'BLE HIGH COURT OF KERALA IN OP(KAT) NO.15/2016(Z). |
| EXHIBIT R4(17) | THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 09/06/1987 FOR THE POST OF RADIOGRAPHER GRADE II UNDER CATEGORY NO.13 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| EXHIBIT R4(18) | THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 23/02/1988 FOR THE POST OF RADIOGRAPHER GRADE II UNDER CATEGORY NO.7 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| EXHIBIT R4(19) | THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 22/11/1994 FOR THE POST OF RADIOGRAPHER GRADE II UNDER CATEGORY NO.183/94 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| EXHIBIT R4(20) | THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 15/06/2004 FOR THE POST OF RADIOGRAPHER GRADE II UNDER CATEGORY NO.80/2004 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| EXHIBIT R4(21) | THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE NO. R1(B) 4-28126/69 DATED 22/08/1969 FOR THE POST OF X-RAY TECHNICIAN GRADE II ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
| EXHIBIT R4(22) | THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 23/12/1980 FOR CATEGORY NO. 3 FOR THE POST OF X-RAY TECHNICIAN GRADE II ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION. |
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EXHIBIT R4(23) THE TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 18/12/1990 FOR THE POST OF X-RAY TECHNICIAN GRADE II CATEGORY NO.3 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
1 issue framed by the court
Was fixing seniority in the merged radiographer and X-ray technician cadre under Rules 27(a) and 27(c) arbitrary or illegal despite the earlier protection of radiographers' promotion prospects?
STEPHEN T.S.
SUBAIDA
STATE OF KERALA
DIRECTOR OF HEALTH SERVICES
FAROOK M.
XAVIER VERGHESE
A.M.SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
