Dismissed

P.J. Tomsy v. State of Kerala

Kerala HC4 Aug 2023OP(KAT)/181/2023

Case brief

AI extract

What is this about?

The petitioner challenged the KAT's refusal to stay an order reverting him from Excise Inspector to Assistant Excise Inspector. The High Court dismissed the petition, vacated a previous status quo order, and noted the petitioner had already joined the lower post, deciding no further interference was needed.

What did the court decide?

The interim order dated 27.07.2023 stand vacated. Petitioner may apply for early hearing. No other orders.

P.J. Tomsy Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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FRIDAY, THE 4^TH DAY OF AUGUST 2023/13TH SRAVANA, 1945

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OP(KAT) NO.181 OF 2023

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AGAINST THE INTERIM ORDER DATED 14.03.2023 IN OA NO.416/ 2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DENYING TO STAY THE OPERATION OF ANNEXURE-a27 REVERSION ORDER PASSED BY THE 3RD RESPONDENT ADDITIONAL EXCISE COMMISSIONER

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PETITIONER/APPLICANT:

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P.J. TOMSY, AGED 52 YEARS, S/O.P.T.JOSEPH, EXCISE INSPECTOR, EXCISE RANGE OFFICE PAMPADY, PAMPADY P.O., PIN 686502, RESIDING AT PAZHAYAKALATHIL HOUSE, KURICHI P.O., KOTTAYAM, PIN – 686532.

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BY ADVS. RAJU SEBASTIAN VADAKKEKKARA SABAD K.H. SANTHOSH BHASKARAN NAIR BERTRAND BASIL RIFSA REBAIE

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY EXCISE (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 EXCISE COMMISSIONER, EXCISE HEAD QUARTER, NANDAVANAM P.O., THIRUVANANTHAPURAM, PIN – 695033.

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3 ADDITIONAL EXCISE COMMISSIONER, EXCISE HEAD QUARTER, NANDAVANAM P.O., THIRUVANANTHAPURAM, PIN – 695033.

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O.P.(KAT) No.181/2023

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-: 2 :-

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4 DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, CIVILSTATION P.O., KOTTAYAM, PIN – 686001.

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5 MANIKANDAN K. EXCISE INSPECTOR, EXCISE RANGE OFFICE, MALA P.O., THRISSUR, PIN – 680732.

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6 R.RATHEESH, EXCISE INSPECTOR, EXCISE RANGE OFFICE, KATTAKKADA, KATTAKKADA P.O., THIRUVANANTHAPURAM, PIN – 695543.

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7 SAJI R., EXCISE INSPECTOR, EXCISE ACCADAMY, PUTHOLE P.O., TRISSUR, PIN – 695543.

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8 MURUGADAS A., EXCISE INSPECTOR, EXCISE CHECK POST, BAVALI, BAVALI. P.O, WAYANADU, PIN – 670646.

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9 VIPINKUMAR V. EXCISE INSPECTOR, EXCISE RANGE OFFICE, THALIPPARMB TAHLIPPARMBU P.O., KANNOOR., PIN – 670141.

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10 M.P.UNNIKRISHNAN, ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, MAVELIKKARA, MAVELIKKARA P.O., ALAPPUZHA, PIN – 690101.

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11 SAJI V., ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, NEDUMNGAD.

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BY ADV. SRI. K.P. HARISH-SR. GP

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.

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========================================

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O.P.(KAT)No. 181 of 2023

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(arising out of the impugned order dated 14.03.2023 in O.A.No.416/2023

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on the file of KAT, Tvm. Bench)

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========================================

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Dated this the 4^th day of August, 2023

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J U D G M E N T

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Alexander Thomas, J.

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The afore-captioned Original Petition instituted under Articles 226 and 227 of the Constitution of India is directed against the impugned Ext.P1 interim order dated 14.03.2023 rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench in O.A. No.416/2023, whereby the prayer of the petitioner, to stay the order of reversion, from the post of Excise Inspector, has been declined by the Tribunal and it has been made clear that reversion of the applicant, if any, in pursuance of the impugned Annexure-A27 proceedings will be subject to the final outcome of the O.A.

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The petitioner herein is the applicant in the O.A. The respondents herein are the respondents in the O.A.

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Heard Sri.Raju Sebastian Vadakkekara, learned counsel appearing for the petitioner and Sri.K.P.Harish, learned Senior Government Pleader appearing for respondents herein.

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The prayers in the instant Ext.P2 Original Application,

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OP (KAT) No.181/2023

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O.A. No.416/2023, filed by the petitioner herein before the Tribunal, are

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as follows:

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“i) To call for the records leading to Annexure A27 order of reversion passed by 3^rd respondent and to quash the same.

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ii) To declare that Annexure A27 order passed by the 2^nd respondent is not binding in the case of applicant here in, as there is no provision to revert the applicant from his post of Excise Inspector to the post of Assistant Excise Inspector as his date of order of promotion to the post of Preventive Officer was 31.07.2008 which was given to him 15 years back.

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iii) To declare that petitioner is eligible to continue in his present post as sufficient vacancies are available and a suggestion for filling up 28 vacancies of Excise Inspectors is sent to the government for approval including the name of the applicant.

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iv) To declare that AnnexureA19 provisional promotion of the applicant to the post of Excise Inspector is sustain on the basis of the AnnexureA26 interim stay order of the Hon'ble High Court of Kerala.

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(v) To grant such other reliefs as this Hon'ble Tribunal deem fit and proper in the circumstances of the case.”

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The interim prayer preferred by the petitioner was for interim stay of the impugned Annexure-A27 proceedings dated 21.02.2023 issued by the 3^rd respondent Additional Excise

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Commissioner, whereby it has been ordered that the petitioner will stand reverted from the post of Excise Inspector to the immediate lower category post of Assistant Excise Inspector. As mentioned above, the Tribunal has refused to grant interim order of stay, but has made it clear

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OP (KAT) No.181/2023

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that the impugned reversion of the Original Applicant in the aforesaid Annexure-A27 will be subject to the final outcome of the O.A. When the above matter had come up for consideration before this Court on 27.07.2023, we had passed an interim order, which reads as follows:

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“The competent authority among the respondents 2 to 4 will furnish instructions to the learned Senior Government Pleader in the matter. Sri.Raju Sebastian Vadakkekara, learned counsel appearing for the petitioner would submit that even though an order reverting the petitioner from the post of Excise Inspector to the immediate lower category of Assistant Excise Inspector has been issued by the 3^rd respondent on 21.02.2023, as per Annexure A27, the petitioner has not, so far been, relieved from the post of Excise Inspector and that he is on leave, etc.

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2. Taking note of the facts and circumstances of this case, it is ordered that status-quo, as on today, shall be maintained with regard to the petitioner. This order will be in force for period of one week.

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List on 04.08.2023.”

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Today when the matter was taken up for consideration, the learned counsel appearing for the petitioner as well as the learned Senior Government Pleader would submit that the petitioner was already reverted and relieved from the post of Excise Inspector on 27.05.2023 and further that, the petitioner has already joined the lower post of Assistant Excise Inspector on the same day. Moreover, the learned Senior Government Pleader has also opposed the pleas of stay of

OP (KAT) No.181/2023

reversion on merits.

After hearing both sides, we are of the view that no interference is called for, as against the impugned Ext.P1 interim order, passed by the Tribunal, refusing grant of interim stay of reversion. Accordingly, for the sake of clarity, it is ordered that the interim order dated 27.07.2023, passed by this Court in this O.P. will stand vacated. The petitioner will be at liberty to make the requisite application for early hearing of the main matter in the O.A. The respondents will complete the pleadings by filing reply statements, if any, within one month. No other orders and directions are called for.

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

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/- C.JAYACHANDRAN, JUDGE

OP (KAT) No.181/2023

APPENDIX OF OP(KAT) 181/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE-A1 TRUE COPY OF THE PROMOTION ORDER NO.K1400/2000 DATED 31.07.2008 ISSUED BY THE 3RD RESPONDENT ASSISTANT EXCISE COMMISSIONER (NOW IT IS RENAMED AS DEPUTY EXCISE COMMISSIONER) KOTTAYAM.

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ANNEXURE-A2 TRUE COPY OF THE PROBATION ORDER NO.SZ 2- 4146/2010/KDIS, DATED 31.08.2010 ISSUED BY THE JOINT EXCISE COMMISSIONER, THIRUVANANTHAPURAM.

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ANNEXURE-A3 TRUE COPY OF THE REPORT, ON INSPECTION CONDUCTED IN THE OFFICE OF THE 2ND RESPONDENT EXCISE COMMISSIONER DURING SEPTEMBER-OCTOBER 2012 BY THE FINANCE INSPECTING WING PREPARED BY THE PRINCIPAL SECRETARY FINANCE.

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ANNEXURE-A4 TRUE COPY OF THE RELEVANT PAGES OF FINAL STATE WIDE SENIORITY LIST OF PREVENTIVE OFFICERS WORKING IN KOTTAYAM DIVISION, FOR THE PERIOD OF 01.07.2003 TO 31.12.2008 PUBLISHED BY THE 3RD RESPONDENT ADDITIONAL EXCISE COMMISSIONER, THIRUVANATHAPURAM AS PER HIS ORDER NO.EXD3-2449/2010(VOLII) DATED 02.01.2013.

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ANNEXURE- A5 TRUE COPY OF THE LETTER NO.7180.F1/13/TD DATED 08.10.2015 ISSUED TO THE 2ND RESPONDENT EXCISE COMMISSIONER BY THE 1ST RESPONDENT TAXES SECRETARY.

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ANNEXURE-A6 TRUE COPY OF THE CIRCULAR NO.EXC-1074/2016/ XD3 DATED 31.05.2016 ISSUED BY THE 2ND RESPONDENT EXCISE COMMISSIONER.

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OP (KAT) No.181/2023

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ANNEXURE- A7 TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL SENIORITY LIST OF PREVENTIVE OFFICERS WORKING IN KOTTAYAM DIVISION, FOR THE PERIOD OF 01.01.2009 TO 31.12.2015 PUBLISHED BY THE ADDITIONAL EXCISE COMMISSIONER, THIRUVANATHAPURAM AS PER HIS ORDER NO.EXC/1074/2016/XD3-KTYM DATED 13.11.2017. ANNEXURE-A8 TRUE COPY OF ORDER NO.EXC/1074/2016/XD3 DATED 12.11.2018 CANCELLING THE DIVISION WISE PROVISIONAL SENIORITY LIST OF PREVENTIVE OFFICER ISSUED BY THE 2ND RESPONDENT EXCISE COMMISSIONER.

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ANNEXURE-A9 TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL SENIORITY LIST OF PREVENTIVE OFFICERS FOR THE PERIOD OF 01.01.2009 TO 19.08.2011 OF KOTTAYAM DIVISION PUBLISHED BY THE ADDITIONAL EXCISE COMMISSIONER, THIRUVANATHAPURAM DATED 26.03.2019 AS PER HIS ORDER NO.EXC/1074/2016/XD3-KTM.

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ANNEXURE-A10 TRUE COPY OF THE RELEVANT PAGES OF FINALISED SENIORITY LIST OF PREVENTIVE OFFICERS WORKING IN KOTTAYAM DIVISION, FOR THE PERIOD OF 01.01.2009 TO 19.08.2011 PUBLISHED BY EXCISE COMMISSIONER, THIRUVANATHAPURAM AS PER ORDER NO.EXC/1074/16/SDC KTM DATED 19.10.2019.

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ANNEXURE-A11 TRUE COPY OF THE GO NO.312/2020 TAXES DATED 14.05.2020 ISSUED BY THE 1ST RESPONDENT SECRETARY TAXES DEPARTMENT.

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ANNEXURE-A12 TRUE COPY OF THE GUIDE LINE ALONG WITH STATE WIDE SELECT LIST OF PREVENTIVE OFFICERS PUBLISHED BY 2ND RESPONDENT EXCISE COMMISSIONER, THIRUVANATHAPURAM AS PER ORDER NO.XD3-248635/2020 DATED 11.05.2021.

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OP (KAT) No.181/2023

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ANNEXURE- A13 TRUE COPY OF THE RELEVANT PAGES OF STATE WIDE SENIORITY LIST NO.XD3-248635/2020 DATED 14.05.2021 PUBLISHED BY THE 2ND RESPONDENT EXCISE COMMISSIONER, THIRUVANATHAPURAM.

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ANNEXURE-A14 TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL PROMOTION ORDER FROM THE POST OF PREVENTIVE OFFICERS TO THE POST OF ASSISTANT EXCISE INSPECTOR, ISSUED BY THE 2ND RESPONDENT EXCISE COMMISSIONER AS PER HIS ORDER NO.XD3-248635/2020 DATED 15.05.2021.

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ANNEXURE-A15 TRUE COPY OF THE COMMON ORDER PASSED BY THE HON'BLE ADMINISTRATIVE TRIBUNAL IN OA 1293/2020 DATED 02.02.2022.

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ANNEXURE-A16 TRUE COPY OF THE RELEVANT PAGES OF RE CASTED PROVISIONAL SENIORITY LIST OF PREVENTIVE OFFICERS FOR THE PERIOD FROM 01.01.2009 TO 19.08.2011 PUBLISHED BY THE ADDITIONAL EXCISE COMMISSIONER AS PER HIS ORDER NO.EXC/1074/ 2016/XD3/KTM DATED 25.04.2022.

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ANNEXURE-A17 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT EXCISE COMMISSIONER BY THE APPLICANT THROUGH THE EXCISE INSPECTOR KOTTAYAM AS PER LETTER NO.K.R.01/2022 DATED 04.05.2022.

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ANNEXURE-A18 TRUE COPY OF THE RELEVANT PAGES OF FINAL SENIORITY LIST OF PREVENTIVE OFFICERS WORKING IN KOTTAYAM EXCISE DIVISION FOR THE PERIOD FROM 01.01.2009 TO 19.08.2011 PUBLISHED AS PER ORDER NO.EXC-1074/2016/XD3-KTM DATED 03.06.2022 BY 2ND RESPONDENT EXCISE COMMISSIONER.

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OP (KAT) No.181/2023

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ANNEXURE- A19 TRUE COPY OF THE PROVISIONAL PROMOTION OF ASSISTANT EXCISE INSPECTOR TO THE POST OF EXCISE INSPECTOR ISSUED ORDER NO.XD3248635/2020 DATED 18.06.2022 BY THE 2ND RESPONDENT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. ANNEXURE-A20 TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL PROMOTION OF PREVENTIVE OFFICER TO THE POST ASSISTANT EXCISE INSPECTOR ISSUED AS PER ORDER NO.XD3-248635/2020 DATED 22.06.2022 ISSUED BY THE 2ND RESPONDENT EXCISE COMMISSIONER. ANNEXURE-A21 TRUE COPY OF THE RELEVANT PAGES OF STATE WIDE PROVISIONAL SENIORITY LIST OF PREVENTIVE OFFICERS FOR THE PERIOD FROM 01.01.2009 TO 19.08.2011 AS PER ORDER NO.EXC/1074/XD3 DATED 23.07.2022 ISSUED BY THE ADDITIONAL EXCISE COMMISSIONER.

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ANNEXURE-A22 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT EXCISE COMMISSIONER BY THE APPLICANT THROUGH THE EXCISE INSPECTOR KOTTAYAM AS PER LETTER NO.P1/2021 DATED 03.08.2022.

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ANNEXURE- A23 TRUE COPY OF THE RELEVANT PAGES OF STATE WIDE FINAL SENIORITY LIST OF PREVENTIVE OFFICERS FOR THE PERIOD FROM 01.01.2009 TO 19.08.2011 ISSUED BY THE 2ND RESPONDENT EXCISE COMMISSIONER AS PER ORDER NO.EXD/1074/2016/ XD3 DATED 31.08.2022. ANNEXURE-A24 TRUE COPY OF THE LETTER NO.F1/272/2022/TD DATED 19.10.2022 ISSUED TO THE 2ND RESPONDENT EXCISE COMMISSIONER BY THE 1ST RESPONDENT SECRETARY TAXES DEPARTMENT.

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OP (KAT) No.181/2023

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ANNEXURE-A25 TRUE COPY OF THE FINAL SENIORITY LIST OF ASSISTANT EXCISE INSPECTORS PUBLISHED BY THE 3RD RESPONDENT ADDITIONAL EXCISE COMMISSIONER AS PER HIS ORDER NO.EXC/2402/XD3 DATED 04.02.2023. ANNEXURE-A26 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE HIGH COURT OF KERALA IN OP(KAT) 57/2023 DATED 17.02.2023. ANNEXURE-A27 TRUE COPY OF THE REVERSION ORDER NO.XD3248635/2020 DATED 21.02.2023 ISSUED BY THE 3RD RESPONDENT ADDITIONAL EXCISE COMMISSIONER. ANNEXURE-A28 TRUE COPY OF THE CORRESPONDENCE NO.XD3/ 248635/2020, DATED 04/02/2023, SUBMITTED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT. ANNEXURE-A29 TRUE COPY APPLICATION SUBMITTED TO THE PUBLIC INFORMATION OFFICER AT THE OFFICE OF THE 3RD RESPONDENT ADDITIONAL EXCISE COMMISSIONER BY MOTHER OF THE APPLICANT SMT.ANNAMMA JOSEPH DATED 23.02.2023. ANNEXURE-A29(A) TRUE COPY OF THE INFORMATION COLLECTED UNDER RIGHT TO INFORMATION FROM THE PUBLIC INFORMATION OFFICER AT THE OFFICE OF THE 3RD RESPONDENT ADDITIONAL EXCISE COMMISSIONER IN THIS REGARD AS PER LETTER DATED 06.03.2023 EXHIBIT- P1 TRUE COPY OF THE ORDER IN O.A 416/2023 DATED 14.03.2023. EXHIBIT- P2 TRUE COPY OF THE ORIGINAL APPLICATION NO.416/2023 ALONG WITH ITS ANNEXURE-A1 TO ANNEXURE-A29(A) FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL BY THE PETITIONER ON 13.03.2023.

P.J. Tomsy v. State of Kerala

Case brief

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P.J. Tomsy v. State of Kerala

Case brief

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