Allowed

Sathian K.C, v. State of Kerala

Kerala HC24 May 2022WP(C)/2675/2021

Case brief

AI extract

What is this about?

Petitioners, retired Head Operators, challenged delay in terminal benefits and recovery notices based on cancelled promotions. The Court allowed writ petitions, relying on Rafiq Masih and a subsequent government letter, directing respondents to disburse benefits.

What did the court decide?

Impugned orders quashed. Respondents 2 to 7 directed to disburse pension, commuted value, gratuity, PF and terminal benefits within two months.

Sathian K.C, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C).2675/21 & connected cases

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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 V.G.ARUN

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TUESDAY, THE 24^TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 WP(C) NO. 12820 OF 2021

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PETITIONER/S:

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LAGI P.C. AGED 56 YEARS S/O P.P.CHELLAPPAN, PARAYIL HOUSE, THANKALAM, KOTHAMANGALAM-686 691, HEAD OPERATOR (RETD), KERALA WATER AUTHORITY, KOTHAMANGALAM SUB DIVISION, ERNAKULAM DISTRICT

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BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN PRAVEEN S. SUNIL KUMAR A.G DIPU JAMES MATHEW K.T. GEORGE K.V. STEPHY K REGI

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.

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3 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 4 THE DEPUTY CHIEF ENGINEER (HR & GL), KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 5 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, MOOVATTUPUZHA-686 691

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6 THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY, P.H.SUB DIVISION, KOTHAMANGALAM-686

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WP(C).2675/21 & connected cases

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7 THE ACCOUNTS OFFICER (PAY SLIP & PENSION) KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.

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BY ADVS. MARY BENJEMIN SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.3.2022 ALONG WITH WP(C).2675/2021, 12716/2021, THE COURT ON 24.5.2022 DELIVERED THE FOLLOWING:

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WP(C).2675/21 & connected cases

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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 V.G.ARUN

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TUESDAY, THE 24^TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 WP(C) NO. 2675 OF 2021

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PETITIONER/S:

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SATHIAN K.C, AGED 57 YEARS S/O P.C.CHANDRASHEKARA MENON, KAVALAMPILLIL HOUSE, JUNIOR JANATHA ROAD, VYTTILA P.O.ERNAKULAM-682 019, HEAD OPERATOR (SUPERVISOR), (RETD) SEWERAGE SUB DIVISION, KERALA WATER AUTHORITY, ELAMKULAM, KOCHI-682 020.

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BY ADVS. GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 KERALA WATER AUTHORITY, REP BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.

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3 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.

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4 THE DEPUTY CHIEF ENGINEER (HR AND GL), KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.

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5 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, SEWERAGE SUB DIVISION, KOCHI-682 020.

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6 THE FINANCE MANAGER,

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WP(C).2675/21 & connected cases

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KERALA WATER AUTHORITY , JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.

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7 THE ACCOUNTS OFFICER, PAYSLIP AND PENSION, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.

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BY ADVS.

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MARY BENJEMIN

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SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.3.2022 ALONG WITH WP(C).12820/2021 AND CONNECTED CASES, THE COURT ON 24.5.2022 DELIVERED THE FOLLOWING:

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WP(C).2675/21 & connected cases

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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 V.G.ARUN

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TUESDAY, THE 24^TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 WP(C) NO. 12716 OF 2021

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PETITIONER/S:

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SAJEEV S AGED 56 YEARS S/O P.N.SIVASANKARAN NAIR,EDALAYIL HOUSE, AROOKUTTY.P.O, CHERTHALA,ALAPPUZHA, HEAD OPERATOR,(RETD.),KERALA WATER AUTHORITY,HEAD WORKS SUB DIVISION, CHERTHALA,ALAPPUZHA-688555.

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BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN STEPHY K REGI

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,WATER RESOURCES DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR,JALA BHAVAN,THIRUVANANTHAPURAM-695033.

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3 THE MANAGING DIRECTOR KERALA WATER AUTHORITY,JALA BHAVAN, THIRUVANANTHAPURAM-695033.

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4 THE DEPUTY CHIEF ENGINEER(HR AND GL), KERALA WATER AUTHORITY,JALA BHAVAN, THIRUVANANTHAPURAM-695033.

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5 THE EXECUTIVE ENGINEER PUBLIC HEALTH DIVISION,KERALA WATER AUTHORITY, ALAPPUZHA-688003.

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6 THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,HEAD WORKS SUB

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WP(C).2675/21 & connected cases

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DIVISION,CHERTHALA,ALAPPUZHA DISTRICT-688524.

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7 THE ACCOUNTS OFFICER(PAY SLIP AND PENSION), KERALA WATER AUTHORITY,JALA BHAVAN, THIRUVANANTHAPURAM-695033.

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BY ADVS. MARY BENJEMIN SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.3.2022 ALONG WITH WP(C).12820/2021 AND CONNECTED CASES, THE COURT ON 24.5.2022 DELIVERED THE FOLLOWING:

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V.G.ARUN, J.

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W.P(C).Nos.2675, 12716 and 12820 of 2021 ----------------------------------------------------------Dated this the 24^th day of May, 2022

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JUDGMENT

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The petitioners have retired from the post of Head Operator in the Kerala Water Authority on different dates. The petitioner in W.P(C).No.2675 of 2021 retired on 31.1.2020 and the petitioners in W.P(C).No.12716 and 12820 of 2021, on 31.3.2021. They were initially engaged on daily wage basis through employment exchanges and regularised, pursuant to the judgment of the Apex Court in Jacob v. Kerala Water Authority [1990 (2) KLT 673]. The petitioners are aggrieved by the delay in disbursal of their terminal benefits like pension, commuted value of pension, gratuity, provident fund etc. and the proposal to refix their salary and effect recovery of the alleged excess salary from their retirement benefits. The reason for refixation and recovery is the grant of time bound higher grade promotions to the petitioners, reckoning their temporary service prior to regularisation. Petitioners rely on the decision in State of Punjab and Others v. Rafiq Masih (White

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WP(C).2675/21 & connected cases 8

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Washer) and Others [(2015) 4 SCC 334] and the judgment rendered by this Court in the writ petitions (W.P(C).No.16066 of 2020 and connected cases) filed by identically placed Head Operators.

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In the counter affidavit filed on behalf of the Kerala Water Authority, it is stated that the petitioners were granted time bound higher grades and consequential monetary benefits, based on G.O(P).No.17/99/IR dated 18.3.1999 and G.O(Rt).No.279/2006/WRD dated 1.3.2006. The above mentioned Government Orders were later found to have been issued in contravention of Rules 10, 57, 64 and 70 of Part III KSR. Thereupon the Government issued Exhibit R2(a) order dated 31.3.2021 cancelling G.O(P).Nos.17/99 and G.O(Rt).No.279/2006. The judgment in W.P(C).No.16066 of 2020 and connected cases was rendered on 26.2.2021, prior to the issuance of Exhibit R2(a) Government Order. Therefore, the petitioners are not entitled to the benefits under the cancelled Government Orders.

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After the writ petitions were finally heard, learned Counsel for the petitioners made available a copy of Letter No. WS-B37/2022-WRD dated 12.4.2022 issued from the Government to the Managing Director, Kerala Water Authority, stating that, even though the CLR/SLR service of employees was being taken into account for granting Time Bound Higher Grades as per the existing rules, such periods shall not be reckoned in

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WP(C).2675/21 & connected cases

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future. The letter also states that no recovery should be effected from the employees who have retired after availing the benefit, as that would go against the dictum in Rafiq Masih .

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It is pertinent to note that in the judgment in W.P(C).No.16066 of 2020, after elaborate consideration of the decisions of the Apex Court in Rafiq Masih (White Washer) (supra) and High Court of Punjab and Haryana and Others v. Jagdev Singh [(2016) 14 SCC 267], the learned single Judge held as under;

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“In the above circumstances, I order these writ petitions and set aside the impugned orders and notices for recovery of the amounts from the petitioners by the KWA; with a consequential direction to the said Authority to disburse the entire retirement benefits to them, reckoning their earlier service on daily wage basis, adverting to Ext.P2 in WP(C).No.8670/2020; Ext.P1 in WP(C).No.16004/2020; WP(C).No.16066/2020 and WP(C).No.1852/ 2020; Ext.P3 in WP(C).No.18314/2020.”

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I am in respectful agreement with the above finding. Further, in view of the clarificatory Letter No. WS-B37/2022-WRD dated 12.4.2022,

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no recovery can be effected from the retirement benefits due to the petitioners, even though G.O(P).17/99/IR and G.O(Rt).279/2006/WRD stands cancelled by Exhibit R2(a) Government Order.

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WP(C).2675/21 & connected cases

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For the aforementioned reasons, the writ petitions are allowed and the impugned orders quashed. Respondents 2 to 7 are directed to disburse the pension, commuted value of pension, gratuity, provident fund and other terminal benefits, if any due to the petitioners, within two months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN, JUDGE

vgs

WP(C).2675/21 & connected cases

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APPENDIX OF WP(C) 2675/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF GO(RT0 NO 1205/08/WRD DATED 22.11.2008 ISSUED BY 1ST RESPONDENT
EXHIBIT P2	TRUE COPY OF CIRCULAR NO KWA/PE/E1/4505/01 VOL-11 DATED 21.1.2009 ISSUED BY 3RD RESPONDENT
EXHIBIT P3	TRUE COPY OF CIRCULAR NO KWA/JB/E.1-4505/01 VOL.11 DATED 20.10.2009 ISSUED BY 3RD RESPONDENT
EXHIBIT P4	TRUE COPY OF CIRCULAR NO KWA/JB/E.516792/05 DATED 20.10.2009 ISSUED BY 3RD RESPONDEN T
EXHIBIT P5	TRUE COPY OF CIRCULAR NO KWA/JB/E.5/6497/2912 DATED 6.11.2014 ISSUED BY 3RD RESPONDENT
EXHIBIT P6	TRUE COPY OF PROCEEDINGS NO EW1-2714/03 DATED 31.3.2015 ISSUED BY 5TH RESPONDENT
EXHIBIT P7	TRUE COPY OF LETTER NO E1/24/18 DATED 19.12.2019 ISSUED BY 5TH RESPONDENT TO EXECUTIVE ENGINEER
EXHIBIT P8	TRUE COPY OF LETTER NO KWA/AO(PENSION)/10194/9224 DATED 22.2.2020 ISSUED BY 7TH RESPONDENT
EXHIBIT P9	TRUE COPY OF LETTER NO KWA/AO(PEN) PEN/10194/COM(NON MEDICAL) 9224 DATED 9.12.2020
EXHIBIT P10	TRUE COPY OF RELEVANT PAGES SERVICE BOOK OF PETITIONER

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WP(C).2675/21 & connected cases

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APPENDIX OF WP(C) 12716/2021

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PETITIONER EXHIBITS

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Exhibit	P1	TRUE COPY OF MEMO NO.B-756/87 DTD.17.04.1990 ISSUED BY 6TH RESPONDENT.
Exhibit	P2	TRUE COPY OF ORDER NO.AB1.134/95 DTD.30.09.1997 ISSUED BY 6TH RESPONDENT.
Exhibit	P3	TRUE COPY OF ORDER NO.A6-478/98 DTD.05.07.2020 ISSUED BY 5TH RESPONDENT.
Exhibit	P4	TRUE COPY OF JUDGMENT DTD.09.04.2012 IN W.P. (C)NO.21989 OF 2017
Exhibit	P5	TRUE COPY OF ORDER NO.A5/439/012 DTD.24.08.2012 ISSUED BY 5TH RESPONDENT
Exhibit	P6	TRUE COPY OF ORDER NO.A5/439/12 DTD.11.03.2013 ISSUED BY 5TH RESPONDENT.
Exhibit	P7	TRUE COPY OF LETTER NO.KWA/A.O. (PEN)10434/9450 DTD.01.12.2020 ISSUED BY 7TH RESPONDENT.
Exhibit	P8	TRUE COPY OF LETTER N,O.A4-3001/2020 DTD.16.04.2021 ISSUED BY 5TH RESPONDENT TO 6TH RESPONDENT.
Exhibit	P9	TRUE COPY OF LETTER NO.TKY/PENSION/1056/14 DTD.25.05.2021 OF BY 6TH RESPONDENT TO 5TH RESPONDENT.
RESPOND	ENT EXHIBITS
Exhibit	R2(a)	COPY OF GOVERNMENT ORDER GO(P)10/2021/WRD DATED 31/03/2021.

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WP(C).2675/21 & connected cases

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APPENDIX OF WP(C) 12820/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF NTC NO 186723 DATED NIL ISSUED
	BY NATIONAL COUNCIL OF FOR VOCATIONAL TRAINING
Exhibit P2	TRUE COPY OF ORDER NO E2-3528/87 DATED 7.3.1990 ISSUED BY EXECUTIVE ENGINEER, PUBLIC HEALTH (PH) DIVISION, KWA, THODUPUZHA
Exhibit P3	TRUE COPY OF RELEVANT PAGES OF ORDER NO KWA/JB/E1-4505/2001 DATED 26.9.2001 ISSUED BY 3RD RESPONDENT
Exhibit P4	TRUE COPY OF GO9RT0 NO 1205/08/WRD DATED 22.11.2008 ISSUED BY 1ST RESPONDENT
Exhibit P5	TRUE COPY OF CIRCULAR NO KA/PE/E1/4505/01 VOL-1 DATED 21.1.2009 ISSUED BY 3RD RESPONDENT
Exhibit P6	TRUE COPY OF CIRCULAR NO KWA/JB/E 1-4505/01 VOL.11 DATED 20.10.2009 ISSUED BY 3RD RESPONDENT
Exhibit P7	TRUE COPY OF CIRCULAR NO KWA/JB/E.5-16792/05 DATED 20.10.2009 ISSUED BY 3RD RESPONDENT
Exhibit P8	TRUE COPY OF ORDER NO 1026/99 DATED 24.3.2009 ISSUED BY 6TH RESPONDENT
Exhibit P9	TRUE COPY OF ORDER NO A2-217/30 VOL V DATED 6.11.2013 OF 6TH RESPONDENT
Exhibit P10	TRUE COPY OF CIRCULAR NO KWA/JB/E.5/6497/2012 DATED 6.11.2014 ISSUED BY 3RD RESPONDENT
Exhibit P11	TRUE COPY OF ORDER NO AB1-215/2010 VOL.IV DATED 12.11.2018 OF 6TH RESPONDENT
Exhibit P12	TRUE COPY OF SLIP NO 301 OF 2020 DATED 23.12.2020 ISSUED BY 3RD RESPONDENT

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WP(C).2675/21 & connected cases

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Exhibit P13 TRUE COPY OF LETTER NO KWA/AO(PENSION)10543/9558 DATED 30.3.2021 FROM 7TH RESPONDENT TO SUPERINTENDING ENGINEER, PH CIRCLE, MUVATTUPUZHA

Sathian K.C, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sathian K.C, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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