Allowed

Divya R v. the State of Kerala

Kerala HC20 Oct 2022WP(C)/8554/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of four connected writ petitions by recalling a previous judgment dated 11.10.2022 that failed to quash a conflicting government order. The Court ordered the quashing of two conflicting orders and directed the 1st respondent to pass fresh orders within four months.

What did the court decide?

Extension 4 order dated 09.12.2019 and Extension 5 order dated 05.09.2019 stood quashed; 1st respondent directed to pass fresh orders within four months.

Divya R Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 20 TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

¶3

 WP(C) NO. 1047 OF 2020

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PETITIONER/S:

¶5

 S.SREEVIDYA
 AGED 36 YEARS
 W/O. HARSHAKUMAR R.,
 BHAKTHI VILASAM, PAVUMBA P.O.,
 KARUNAGAPPALLY - 690 574.
 (UPPER PRIMARY SCHOOL TEACHER,
 AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM,
 MAVELIKKARA, ALAPPUZHA - 690 501.

¶6

 BY ADV S.SUBHASH CHAND

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RESPONDENT/S:

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 1 THE STATE OF KERALA
 REPRESENTED BY THE SECRETARY TO GOVERNMENT,
 DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
 SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION (FORMERLY DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA - 688 001.

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4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA - 690 101.

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5 THE MANAGER AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM, MAVELIKKARA, ALAPPUZHA - 690 501.

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6 R. DIVYA UPPER PRIMARY SCHOOL TEACHER, AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM, MAVELIKKARA, ALAPPUZHA - 690 501.

¶14

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

¶15

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 7 RESHMA RAJU
 FULL TIME MENIAL,
 AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM,
 MAVELIKKARA, ALAPPUZHA - 690 501.
 8 ADDL.R8.PRATHIBHA.K.NAIR
 UPST, AMRITHA HIGHER SECONDARY SCHOOL,
 VALIKUNNAM, MAVELIKKARA - 690501
 ADDL. R8 AS PER ORDER DATED 08.07.2021 IN IA 1/2020 IN
 WPC NO. 1047/2020.
 BY ADVS.
 GOVERNMENT PLEADER
 SRI.M.V.THAMBAN
 SRI.V.A.MUHAMMED
 SRI.P.C.SASIDHARAN
 R.RAJASEKHARAN PILLAI
 SRI.V.RAJASEKHARAN NAIR
 SRI.R.REJI
 SMT.THARA THAMBAN
 SRI.B.BIPIN
 SRI.ARUN BOSE
 SHERINE JOSEPH

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 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
 ADMISSION ON 20.10.2022, ALONG WITH WP(C).8554/2020,
 10285/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
 DELIVERED THE FOLLOWING:

¶18

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 20 TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

¶22

WP(C) NO. 8554 OF 2020

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 PETITIONER/S:

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 DIVYA R
 AGED 37 YEARS
 W/O. ANIL KUMAR,
 UPPER PRIMARY SCHOOL ASSISTANT,
 AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM P O,
 VALLIKUNNAM, ALAPPUZHA DISTRICT-690501.

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 BY ADVS.
 V.A.MUHAMMED
 SRI.V.RAJASEKHARAN NAIR

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 RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEX, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA-688001

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4 THE DISTRICT EDUCATIONAL OFFICER MAVELIKKARA, ALAPPUZHA DISTRICT-690101.

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5 THE CORPORATE MANAGER, AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM,(SCHOOLS OF MATHA AMRITHANANDAMAYI CHARITABLE TRUST, AMRITHAPURI, KOLLAM-691001)

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6 RESHMA RAJU FULL-TIME MENIAL, AMRITA HIGHER SECONDARY SCHOOL, P O VALLIKUNNAM, ALAPPUZHA DISTRICT-690501.

¶33

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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 7 S. SREEVIDYA
 UPPER PRIMARY SCHOOL TEACHER,
 AMRITA HIGHER SECONDARY SCHOOL,
 VALLIKUNNAM, P O, VALLIKUNNAM, MAVELIKKARA,
 ALAPPUZHA DISTRICT-690501
 BY ADVS.
 GOVERNMENT PLEADER
 M.V.THAMBAN
 S.SUBHASH CHAND
 R.REJI
 THARA THAMBAN
 B.BIPIN
 ARUN BOSE
 N.SUNIL JOSEPH

¶36

 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
 ADMISSION ON 20.10.2022, ALONG WITH WP(C).1047/2020 AND
 CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
 FOLLOWING:

¶37

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

¶38

¶39

 IN THE HIGH COURT OF KERALA AT ERNAKULAM
 PRESENT
 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 20 TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

¶40

WP(C) NO. 10285 OF 2020

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 PETITIONER/S:

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 SINI T.P.
 AGED 33 YEARS
 W/O. SANTHOSHKUMAR.V.
 UPST, AMRITA HIGHER SECONDARY SCHOOL,
 VALLIKUNNAM P.O. ALAPPUZHA 690 501
 RESIDING AT NELLOOR VEEDU, PAVUMPA NORTH,
 PAVUMPA P.O. KOLLAM 690 574.

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 BY ADVS.
 P.NANDAKUMAR
 SRI.S.ANEESH

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RESPONDENT/S:

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 1 STATE OF KERALA
 REPRESENTED BY THE SECRETARY TO GOVERNMENT,
 GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
 THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA 688 001.

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4 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA 690 101.

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5 THE MANAGER, AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM P.O. ALAPPUZHA 690 501.

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6 SMT. RESHMA RAJU, FULL TIME MENIAL., AMRITA HIGHER SECONDARY SCHOOL, VALLIKUNNAM P.O. ALAPPUZHA 690 501.

¶51

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

¶52

¶53

 BY ADVS.
 GOVERNMENT PLEADER
 SRI.P.C.SASIDHARAN

¶54

 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
 ADMISSION ON 20.10.2022, ALONG WITH WP(C).1047/2020 AND
 CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
 FOLLOWING:

¶55

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

¶56

¶57

 IN THE HIGH COURT OF KERALA AT ERNAKULAM
 PRESENT
 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 20 TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

¶58

WP(C) NO. 28986 OF 2019

¶59

 PETITIONER/S:

¶60

 SREEVIDYA S.
 AGED 36 YEARS
 W/O. HARSHAKUMAR.R.,
 BHAKTHI VILASAM, PAVUMBA P.O.
 KARUNAGAPPALLY 690 574,
 (UPPER PRIMARY SCHOOL TEACHER,
 AMRITA HIGHER SECONDARY SCHOOL,
 VALLIKUNNAM 690 501).

¶61

 BY ADV S.SUBHASH CHAND

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 RESPONDENT/S:

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 1 THE STATE OF KERALA
 REPRESENTED BY THE SECRETARY TO GOVERNMENT,
 DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
 SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION (FORMERLY DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM 695 001.

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3 THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA 688 001.

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4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA 690 101.

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5 THE MANAGER, AMRITHA HIGHER SECONDARY SCHOOL, VALLIKUNNAM 690 501.

¶68

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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 BY ADVS.
 GOVERNMENT PLEADER
 SRI.M.V.THAMBAN
 SRI.R.REJI
 SMT.THARA THAMBAN
 SRI.B.BIPIN
 SRI.ARUN BOSE

¶71

 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
 ADMISSION ON 20.10.2022, ALONG WITH WP(C).1047/2020 AND
 CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
 FOLLOWING:

¶72

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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JUDGMENT

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These writ petitions were heard and disposed of by a common judgment dated 11.10.2022.

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When it was brought to the notice of this Court that this Court had treated W.P.(C) No.1047/2020 as the main case and while ordering the writ petition, directing the 1st respondent to reconsider the revision petition, this Court had only quashed Ext.P4 order produced in W.P.(C) No. 1047/2020 and not Ext.P5 order produced in W.P.(C) No. 28986/2019, which orders conflict with each other, these writ petitions were ordered to be posted as ‘to be spoken to’.

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While ordering the writ petition, this Court had noticed that the above orders conflicted with each other. In that view of the matter, unless both orders are set aside, no purpose would be served.

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In that view of the matter, the judgment dated 11.10.2022 in W.P.(C) Nos. 28986/2019, 1047/2020, 10285/2020, and 8554/2020 are

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recalled. In modification to the directions issued on 11.10.2022, the following directions are issued:

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(i) Exhibit P4 order dated 09.12.2019 in W.P.(C.) No. 1047/2020 and Exhibit P5 order dated 05.09.2019 issued by the

¶81

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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Government in W.P.(C.) 28986/2019 will stand quashed.

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(ii) The 1st respondent shall reconsider the revision petition filed by Smt. Divya R. (produced as Exhibit P10 in W.P.(C.) 8554/2020), also the revision petition filed by the Manager, (disposed of by Exhibit P5 Government Order in W.P.(C.). 28986/2019), and pass fresh orders, untrammeled by the findings recorded earlier. Orders shall be passed with notice to all parties concerned expeditiously, in any event, within a period of four months from the date of receipt of a copy of this judgment.

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iii) The petitioner in W.P.(C) No.28986/2019 shall produce copies of the writ petitions along with this judgment before the concerned respondent to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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avs

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 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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APPENDIX OF WP(C) 8554/2020

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE APPOINTMENT ORDER OF THE` `PETITIONER DATED 01.06.2016.`
`EXHIBIT P2`	`TRUE COPY OF THE ORDER NO.` `EC1/72367/17/DPI/K.DIS DATED 14.12.2017 OF THE` `ADDITIONAL DIRECTOR(GENERAL)`
`EXHIBIT P3`	`TRUE COPY OF THE APPOINTMENT ORDER OF THE` `PETITIONER DATED 01.06.2017.`
`EXHIBIT P4`	`TRUE COPY OF THE ORDER NO. B4/3542/17/K.DIS` `DATED 07.10.2017 OF THE DEO, MAVELIKKARA.`
`EXHIBIT P5`	`TRUE COPY OF THE ORDER` `NO.B4/3957/10/D.DIS/DATED 07.10.2017 OF THE` `DEO, MAVELIKKARA.`
`EXHIBIT P5(a)`	`TRUE COPY OF THE ORDER NO. B4/8066/10/D.DIS` `DATED 01.11.2010 OF THE DEO.`
`EXHIBIT P6`	`TRUE COPY OF THE ORDER NO. K.DIS.B4/8291/2017` `DATED 08.2.2017 OF THE DEO.`
`EXHIBIT P7`	`TRUE COPY OF THE ORDER NO.K.DIS/B4/4057/2017` `DATED 12.07.2017 OF THE DEO.`
`EXHIBIT P8`	`TRUE COPY OF THE APPOINTMENT ORDER OF` `SMT.SOUMYA S DATED 01.06.2015.`
`EXHIBIT P9`	`TRUE COPY OF THE ORDER` `NO.B4/8326/2017/DEO/K.DIS DATED 26.12.2017 OF` `THE DEO, MAVELIKKARA.`
`EXHIBIT P10`	`TRUE COPY OF THE REVISION PETITION FILED BEFORE` `THE GOVERNMENT DATED 20.08.2019.`
`EXHIBIT P11`	`TRUE COPY OF THE GO(RT) NO.5388/2019/G.EDN` `DATED 09.12.2019 OF THE GOVERNMENT.`

¶95

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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¶97

APPENDIX OF WP(C) 10285/2020

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF APPOINTMENT ORDER OF THE` `PETITIONER DATED 01.06.2016 ISSUED BY THE 5TH` `RESPONDENT.`
`EXHIBIT P2`	`TRUE COPY OF ORDER DATED 31.03.2017 ISSUED BY` `THE 4TH RESPONDENT.`
`EXHIBIT P3`	`TRUE COPY OF APPEAL DATED 09.05.2017 SUBMITTED` `BY THE 5TH RESPONDENT BEFORE THE 3RD` `RESPONDENT.`
`EXHIBIT P4`	`TRUE COPY OF ORDER DATED 14.08.2017 ISSUED BY` `THE 3RD RESPONDENT.`
`EXHIBIT P5`	`TRUE COPY OF REVISION DATED 12.09.2017` `SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND` `RESPONDENT.`
`EXHIBIT P6`	`TRUE COPY OF ORDER DATED 14.12.2017 ISSUED BY` `THE 2ND RESPONDENT.`
`EXHIBIT P7`	`TRUE COPY OF REVISION DATED SUBMITTED BY THE` `5TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED` `20.03.2018.`
`EXHIBIT P8`	`TRUE COPY OF ORDER DATED 05.09.2019 ISSUED BY` `THE 1ST RESPONDENT.`
`EXHIBIT P9`	`TRUE COPY OF ORDER DATED 09.12.2019 ISSUED BY` `THE 1ST RESPONDENT.`

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RESPONDENT EXHIBITS

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`EXHIBIT`	`R6(b)` `TRUE COPY OF THE ORDER NO.B/8326/2017 DATED`
	`26/12/2017 ISSUED BY THE 4TH RESPONDENT.`
`EXHIBIT`	`R6(b)` `TRUE COPY OF THE APPOINTMENT ORDER DATED`
	`1/6/2017 ISSUED BY THE 5TH RESPONDENT.`

¶102

 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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¶104

APPENDIX OF WP(C) 28986/2019

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE` `01.06.2016 ISSUED`	`APPOI` `BY R`	`NTMENT ORDER DATED` `ESPONDENT N0.5`
`EXHIBIT P2`	`TRUE COPY OF THE` `BY THE RESPONDENT`	`ORDER` `NO.`	`DATED 31.03.2017 PASSED` `4.`
`EXHIBIT P3`	`TRUE COPY OF THE` `BY THE RESPONDENT`	`ORDER` `NO.`	`DATED 14.03.2017 PASSED` `3.`
`EXHIBIT P4`	`TRUE COPY OF THE` `BY THE RESPONDENT`	`ORDER` `NO.`	`DATED 14.12.2017 PASSED` `2.`
`EXHIBIT P5`	`TRUE COPY OF THE` `3587/2019/G.EDN.` `BY RESPONDENT NO.`	`GOVER` `DATED` `1.`	`NMENT ORDER BEARING NO.` `05.09.2019 THUS PASSED`

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 WP(C) NO. 1047 OF 2020 &
 Conn. Cases

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¶109

APPENDIX OF WP(C) 1047/2020

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PETITIONER EXHIBITS

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 EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
 1.6.2016 ISSUED BY RESPONDENT NO.5.

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 EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.B4 8326/2017
 DATED 26.12.2017 ISSUED BY RESPONDENT NO.4.
 EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER
 NO.3587/2019/G.EDN. DATED 5.9.2019.
 EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER
 NO.5388/2019/G.EDN. DATED 9.12.2019.

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RESPONDENT EXHIBITS

¶114

 EXHIBIT R6(A) TRUE COPY OF THE APPOINTMENT ORDER OF SMT.P.G
 SANTHI DATED 1.6.2015

Divya R v. the State of Kerala

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Divya R v. the State of Kerala

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