Disposed

State of Kerala v. Vijayadas.M.S

Kerala HC7 Mar 2022OP(KAT)/45/2022

Case brief

AI extract

What is this about?

The Court disposed of four original petitions challenging interim stay orders on transfer of government employees in Thiruvananthapuram. With consent, the Court approved the interim accommodation of three retiring officers in local bodies outside the Corporation and directed the Tribunal to dispose of the main matters promptly.

What did the court decide?

Interim arrangement continued pending final disposal by the Tribunal; officers accommodated outside Thiruvananthapuram Municipal Corporation.

State of Kerala Vs Vijayadas.M.S — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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¶5

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943

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OP(KAT) NO. 43 OF 2022

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AGAINST THE ORDER IN OA.NO.2386/2021 OF THE KERALA

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ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS IN O.A.:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT , GOVERNMENT SECRETARIAT ,THIRUVANANTHAPURAM PIN – 695001, KERALA.

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2 THE CHIEF ENGINEER LID &EW , OFFICE OF THE CHIEF ENGINEER, LID &EW, VIKAS BHAVAN ,THIRUVANANTHAPURAM, PIN – 695033.

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3 THR SUPERINTENDING ENGINEER, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM , PIN - 695033

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SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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RESPONDENT/APPLICANT IN O.A.:

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SHEEJA B. RANI, AGED 44 YEARS, W/O MANOJ E., WORKING AS ASSISTANT ENGINEER, FORT ZONAL OFFICE, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM, PINCODE 695040, AND RESIDING AT SNRA 28 A3, EBANEEZER BHAVAN, KIZHAKKEMUKKOLAKKAL, KALLAYAM P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.VISHNU S.CHEMPAZHANTHIYIL ADV.SRI.V.SANJEEV

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THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP

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FOR ADMISSION ON 07.03.2022, ALONG WITH OP(KAT).NOS.44, 45 & 46 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶25

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943

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OP(KAT) NO. 44 OF 2022

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AGAINST THE ORDER IN OA 2363/2021 OF THE KERALA ADMINISTRATIVE

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TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS IN O.A.:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

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2 THE CHIEF ENGINEER,

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OFFICE OF THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT (LID & EW), VIKAS BHAVAN, THIRUVANANTHAPURAM 695033

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3 THE SUPERINTENDING ENGINEER, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM 695033.

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BY SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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RESPONDENT/APPLICANT IN O.A.:

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APPUKUTTAN. E. R., S/O RAGHAVAN, WORKING AS ASSISTANT ENGINEER, NEMOM ZONAL OFFICE, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM- 695040, RESIDING AT VALUPARAMBIL, MALAYAM P. O. , MALAYINKAL, THIRUVANANTHAPURAM, PIN – 695570.

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BY ADV. SRI.VISHNU S.CHEMPAZHANTHIYIL ADV.SRI.V.SANJEEV

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THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 07.03.2022, ALONG WITH OP(KAT).NOS.43, 45 & 46 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..3..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶46

¶47

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943

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OP(KAT) NO. 45 OF 2022

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AGAINST THE ORDER IN OA.NO.2373/2021 OF THE KERALA

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ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/RESPONDENTS IN O.A.:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA.

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2 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT (LID &EW), VIKAS BHAVAN, THIRUVANANTHAPURAM- 695033, KERALA.

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3 THE SUPERINTENDING ENGINEER, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM- 695033, KERALA.

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BY SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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RESPONDENT/APPLICANT IN O.A.:

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VIJAYADAS.M.S., AGED 55 YEARS, S/O. SUKUMARAN, WORKIN AS 1ST GRADE OVERSEER, THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM695033, RESIDING AT KUZHIVILAVEEDU, MULLUVILA P.O., THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM, KERALA, PIN – 695933.

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BY ADV. SRI.VISHNU S.CHEMPAZHANTHIYIL ADV.SRI.V.SANJEEV

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THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR

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ADMISSION ON 07.03.2022, ALONG WITH OP(KAT).NOS.43, 44, & 46 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..4..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶67

¶68

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943

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OP(KAT) NO. 46 OF 2022

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AGAINST THE ORDER IN OA.NO.2364/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS IN O.A.:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001,

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KERALA.

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2 THE CHIEF ENGINEER, LID & EW, OFFICE OF THE CHIEF ENGINEER, LID & EW, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695033.

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3 THE SECRETARY,CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, THIRUVANANTHAPURAM - 695033.

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BY SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER

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RESPONDENT/APPLICANT IN O.A.:

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REGHUKUMAR J., S/O JANARDHANAN NAIR, AGED 54 YEARS, OVERSEER GRADE II, LSGD SECTION, FORT ZONAL OFFICE, THIRUVANANTHAPURAM CORPORATION, NEMOM, THIRUVANANTHAPURAM-695023, RESIDING AT DWARAKA, KALLIYOOR, KOLLAM, KERALA.

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BY ADV. SRI.S.BIJU (KIZHAKKANELA) ADVS. M/S.SANJAY JOHNSON, JOHN GOMEZ, SREEDEVI S., MOHAMED SHEHARAN, DINOOP P.D., SANJITH JOHNSON, PARSHATHY S.R., VISWANATH JAYAN

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THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 07.03.2022, ALONG WITH OP(KAT).NOS.43, 44 & 45 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..5..

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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

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O.P.(KAT) No. 43 of 2022

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(arising out of the impugned interim order dated 17.12.2021 in O.A.No.2386/2021 on the file of the KAT, Thiruvananthapuram Bench),

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O.P.(KAT) No. 44 of 2022

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(arising out of the impugned interim order dated 15.12.2021 in O.A.No.2363/2021 on the file of the KAT, Thiruvananthapuram Bench),

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O.P.(KAT) No. 45 of 2022

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(arising out of the impugned interim order dated 16.12.2021 in O.A.No.2373/2021 on the file of the KAT, Thiruvananthapuram Bench)

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O.P.(KAT) No. 46 of 2022

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(arising out of the impugned interim order dated 15.12.2021 in O.A.No.2364/2021 on the file of the KAT, Thiruvananthapuram Bench)

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Dated this the 7^th day of March, 2022

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J U D G M E N T

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ALEXANDER THOMAS, J.

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These Original Petitions have been filed by the State of Kerala and

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the departmental officials concerned to challenge the interim order passed by the Tribunal in the instant original applications staying the impugned orders of transfers to the extent it relates to the contesting

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..6..

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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respondents herein (respective original applicants concerned).

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Heard Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the petitioners in these OPs, Sri.S.Vishnu Chempazhanthiyil, learned counsel appearing for the contesting respondent (original applicant concerned) appearing in the first three cases and Sri.S.Biju (Kizhakkanela), learned counsel appearing for the contesting respondent (original applicant concerned) in the 4^th case.

¶103

It is the case of the petitioners in these OPs that the contesting respondents herein (original applicant concerned) are employees of the Engineering Wing of the Local Self Government Department, who were at the relevant time working in the Thiruvananthapuram Municipal Corporation. That, serious allegations were disclosed against their functioning, and after ensuring a fair and proper conduct of enquiry, it was found by the departmental authorities concerned that it is necessary to transfer these officers, etc. It is in the light of these aspects that the impugned transfer orders were issued, which has been interdicted by the Tribunal by the grant of stay.

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This Court, while dealing with the Original Petitions, had passed interim stay orders in these matters and had also specifically

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..7..

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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directed that the departmental authorities may ensure that the contesting respondents herein (original applicant concerned) may, as far as possible, be accommodated in the local bodies in Thiruvananthapuram District, other than the Thiruvananthapuram Municipal Corporation, in the case of incumbents who are to retire shortly [as 3 out of the 4 incumbents are to retire by 31.5.2022] .

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Now, it is apprised to us that the contesting respondents (original applicant concerned) in OP(KAT) Nos.44, 45 & 46 of 2022 are to retire from service on 31.5.2022, and that they have been posted in the vacancies in Thiruvananthapuram District, other than that in the Thiruvananthapuram Municipal Corporation. Further that, the contesting respondent concerned in OP(KAT) No. 43/2022 has 12 more years to retire from service, and taking note of the interim order passed by this Court, she has been accommodated in a vacancy in the Pattanakkad Block Panchayat, Alappuzha District.

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Sri.S.Vishnu Chempazhanthiyil, learned counsel appearing for the respondent in OP(KAT) No.43/2022 would submit that the contesting respondent therein is a lady employee, and that this Court may direct that she may be accommodated in a vacancy in a local body

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..8..

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in the Thiruvananthapuram District itself, other than the Thiruvananthapuram Municipal Corporation, and that the contesting respondent in OP(KAT) No. 44/2022 is also holding the post of Assistant Engineer, who is now accommodated in Edava Grama Panchayat, Thiruvananthapuram District, and he is to retire from service on 31.5.2022, and that the contesting respondent in OP(KAT) No.43/2022 may be ordered to be considered for posting either in the said vacancy due to the retirement of contesting respondent in OP(KAT) No.44/2022, or in any other vacancy in a local body in Thiruvananthapuram district other than in the Thiruvananthapuram Municipal Corporation, etc.

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The learned Senior Government Pleader would submit on the basis of instructions that if vacancy is available later, the claim of the contesting respondent in OP(KAT) No.43/2022, to be accommodated in such vacancy in a local body in Thiruvananthapuram District other than the Thiruvananthapuram Municipal Corporation, including the above pointed out retirement vacancy will be considered, etc.

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Now, all the parties concerned have given their consent that

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..9..

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the abovesaid arrangement be continued at the interim stage, and this Court may pass necessary orders to ensure the final disposal of respective Original Applications by the Tribunal. Hence, it is ordered that the abovesaid arrangement shall continue as an interim arrangement. Further, the original applicants concerned may immediately approach the Tribunal seeking the final disposal of the main matter in the respective Original Applications, and steps in that regard may be considered by the Tribunal.

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With these observations and directions, the above Original Petitions will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

Sd/-

VIJU ABRAHAM, JUDGE

MMG

O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..10..

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APPENDIX OF OP(KAT) NO.43/2022

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PETITIONERS' ANNEXURES:

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ANNEXURE A1	TRUE COPY OF THE ORDER	NO
	E3/2100/2008/CE/LSGD DATED 07.12.2021 THE 2ND PETITIONER	OF
ANNEXURE A2	TRUE COPY OF THE RELEVENT PROVISIONS GO(P) NO 3/2017/P&ARD DATED 25.02.2017	OF
EXHIBIT P1	PHOTOCOPY OF THE OA NO 2386/2021
EXHIBIT P2	PHOTOCOPY OF THE U.O NOTE DA 03.12.2021 MADE AVAILABLE BEFORE TRIBUNAL	TED THE
EXHIBIT P3	PHOTOCOPY OF THE RELEVANT NOTE LEADING EHHIBIT P2	TO
EXHIBIT P4	PHOTOCOPY OF THE COMPLAINT DA 22.11.2021 WAS PREFERRED BEFORE HONOURABLE MINISTER	TED THE
EXHIBIT P5	PHOTOCOPY OF THE ORDER E3/2100/2008/CE/LSGD DATED 07.12.2 ISSUED BY THE 2ND PETITIONER TRANSFERR THE RESPONDENT FROM HIS PRESENT STAT NAMELY,THIRUVANANTHAPURAM.	NO 021 ING ION
EXHIBIT P6	COPY OF THE ORDER NO GE5/800223/19 DA 13.12.2021	TED
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 15.12.21 THE TRIBUNAL IN OA NO 2363/2021	OF
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 17.12.21 THE TRIBUNAL IN OA NO 2386/2021	OF
RESPONDENT'S EXH EXHIBIT R1(A)	IBITS: TRUE COPY OF THE COMPLAINT FILED SMT.GIRIJA.	BY
EXHIBIT R1(B)	TRUE COPY OF ORDER NO.	E3-
	16643/2021/CE/LSGD DATED 02/03/2 ISSUED BY THE 2ND PETITIONER.	022

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O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

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..11..

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APPENDIX OF OP(KAT).NO.44/2022

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PETITIONERS' ANN	EXURESS:
ANNEXURE A1	TRUE COPY	OF	ORDER	NO.
	E3/2100/2008/CE/LS THE SECOND RESPOND	GD DAT ENT	ED 07.12.2	021 OF
ANNEXURE A2	TRUE COPY OF THE	RELEVA	NT PROVISI	ONS OF
	G. O. (P) NO. 25.02.2017	03/201	7/P & ARD	DATED
EXHIBIT P1	COPY OF O. A.NO. 2	363/20	21
EXHIBIT P2	COPY OF U. O. NO DATED 03.12.2021 THE TRIBUNAL	TE E4/1 MADE	5267/2021/ AVAILABLE	CE/LSGD BEFORE
EXHIBIT P3	COPY OF THE REL EXHIBIT P2	EVANT	NOTE LEAD	ING TO
EXHIBIT P4	COPY OF THE COM WAS PREFERRED BEFO	PLAINT RE THE	DATED 22. HON'BLE MI	11.2021 NISTER
EXHIBIT P5	COPY OF	THE	ORDER	NO.
	E3/2100/2008/CE/LS	GD DAT	ED 07/12/20	21
EXHIBIT P6	TRUE COPY OF THE DATED 13/12/2021	ORDER	NO. GE5/80	0223/19
EXHIBIT P7	TRUE COPY OF THE OF THE KERALA ADM OA NO. 2363/2021	ORDER INISTR	DATED 15. ATIVE TRIB	12.2021 UNAL IN

¶133

O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

¶134

..12..

¶135

APPENDIX OF OP(KAT).NO.45/2022

¶136

PETITIONERS' EXHIBITS:
EXHIBIT1 PHOTOCOPY WITH ANNEX	OF URE	THE S	O.A NO.2373/2021	ALONG
EXHIBIT2 PHOTOCOPY	O	F T	HE U.O NOTE	DATED
03.12.2021 TRIBUNAL	M	ADE	AVAILABLE BEFOR	E THE
EXHIBIT3 PHOTOCOPY EXHIBIT P2	OF	THE R	ELEVANT NOTE LEAD	ING TO
EXHIBIT4 PHOTOCOPY	O	F	THE COMPLAINT	DATED
22.11.2021 HON'BLE MI	W NIS	AS TER	PREFERRED BEFOR	E THE
EXHIBIT5 PHOTOCOPY	OF	THE	ORDER DATED 07.1	2.2021
ISSUED	BY	THE	SECOND PETI	TIONER
TRANSFERRI	NG	THE	RESPONDENT FRO	M HIS
PRESENT THIRUVANAN	THA	S PURAM	TATION N	AMELY,
EXHIBIT6 PHOTOCOPY ISSUED BY	OF THE	THE THIR	ORDER DATED 13.1 D PETITIONER	2.2021
EXHIBIT7 TRUE COPY OF THE TRI	OF BUN	THE AL IN	ORDER DATED 15.1 O.A.NO.2363/2021	2.2021
EXHIBIT8 TRUE COPY OF THE TRI	OF BUN	THE AL IN	ORDER DATED 16.1 O.A.NO.2373/2021	2.2021

¶137

O.P.(KAT) Nos. 43, 44, 45 & 46 of 2022

¶138

..13..

¶139

APPENDIX OF OP(KAT).NO.46/2022

¶140

PETITIONERS' ANNEXURES:

¶141

ANNEXURE A1	TRUE COPY OF ORDER NO. E5- 1511/2020/CE/LSGD/CE/LSGD DATED, 13.07.2020 OF THE 2ND PETITIONER
ANNEXURE A2:	TRUE COPY OF ORDER NO. E5.
	1511/2020/CE/LSGD DATED, 12.02.2021 OF THE 2ND PETITIONER
ANNEXURE A3	TRUE COPY OF REPRESENTATION DATED,
	15.02.2021 SUBMITTED BEFORE THE 1ST PETITONER
ANNEXURE A4	TRUE COPY OF THE ORDER NO. E5. 1511/202/CE/LSGD DATED, 07.02.2021 OF THE 2ND PETITIONER
ANNEXURE A5	TRUE COPY OF THE REPRESENTATION DATED,
	15.12.2021 SUBMITTED BEFORE THE 1ST PETITIONER
EXHIBIT P1	COPY OF OA NO. 2364/2021
EXHIBIT P2	COPY OF THE UO NOTE NO. E4. 15267/2021/CE/LSGD DATED, 03.12.2021
EXHIBIT P3	COPY OF THE RELEVANT NOTE LEADING TO EXHIBIT P2
EXHIBIT P4	COPY OF THE COMPLAINT DATED, 22.11.2021 WAS PREFERRED BEFORE THE HON'BLE MINISTER
EXHIBIT P5	COPY OF THE ORDER NO. E5. 1511/2021/CE/LSGD DATED, 07.12.2021.
EXHIBIT P6	COPY OF THE ORDER NO.GE5/800223/19 DATED, 13.12.2021
EXHIBIT P7	TRUE COPY THE ORDER DATED, 15.12.2021 OF THE TRIBUNAL IN OA NO. 2386/2021
EXHIBIT P8	TRUE COPY OF THE ORDER DATED, 15.12.2021 OF THE TRIBUNAL IN OA 2364/2021

State of Kerala v. Vijayadas.M.S

Case brief

What is this about?

What did the court decide?

State of Kerala v. Vijayadas.M.S

Case brief

What is this about?

What did the court decide?

What the court decided

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