Allowed

Kadija Beevi M.a., v. State of Kerala

Kerala HC21 Dec 2023WP(C)/7029/2022

Case brief

AI extract

What is this about?

Temporary employees of Kerala State Waqf Board challenged regularisation from 01.01.2022 instead of 01.02.2016 as per Regulation 5.2(2) of the 2016 Regulations. The court allowed the petitions, holding that the statutory Regulations prevailed over a contrary executive order, directing regularisation from 01.02.2016.

What did the court decide?

Ext.P34 proceedings set aside to the extent restricting regularisation to 01.01.2022; respondents directed to regularise services of petitioners with effect from 01.02.2016; petitioner in W.P.(C) No.3

Kadija Beevi M.a., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 21^ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945

¶4

WP(C) NO. 7029 OF 2022

¶5

PETITIONERS:

¶6

1 KADIJA BEEVI M.A., AGED 48 YEARS, D/O. ABBUBAKKER M.M., L.D CLERK, KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI-682017, RESIDING AT MARAKKAPRAMBIL HOUSE, PATTNAM P.O., VADAKKEKKARA, ERNAKULAM DISTRICT-683522.

¶7

2 BENCY P.A., AGED 49 YEARS, D/O. ABDULKHADAR P.A., L.D. TYPIST, KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI-682017, RESIDING AT PALLATH HOUSE, MUNDOPADATH, PERUMBADANNA, NORTH PARAVOOR P.O., ERNAKULAM DISTRICT-683513.

¶8

3 SHAMEENA BEEGUM C.D., AGED 46 YEARS, D/O. DHARVESH KHAN C.U., L.D CLERK, KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI-682017, RESIDING AT CHIRAKKAPRAMBIL HOUSE, THOPPUMPADY, KOCHI-682005.

¶9

W.P.(C) Nos.7029 & 30471 of 2022

¶10

: 2 :

¶11

BY ADVS. SHRI.C.S.AJITH PRAKASH SHRI.T.K.DEVARAJAN SHRI.FRANKLIN ARACKAL SHRI.PAUL C THOMAS SHRI.M.B.SOORI SHRI.BABU M. SHRI.ANCY THANKACHAN SHRI.NIDHIN RAJ VETTIKKADAN SHRI.HAARIS MOOSA

¶12

RESPONDENTS:

¶13

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, REVENUE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶14

2 KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI-682017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

¶15

3 THE CHIEF EXECUTIVE OFFICER, KERALA WATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI-682017.

¶16

BY ADV. SHRI.JAMSHEED HAFIZ SHRI.K.P.SAROJINI, GOVERNMENT PLEADER

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH WP(C).30471/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

W.P.(C) Nos.7029 & 30471 of 2022

¶19

: 3 :

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶23

THURSDAY, THE 21^ST DAY OF DECEMBER 2023 / 30TH

¶24

AGRAHAYANA, 1945

¶25

WP(C) NO. 30471 OF 2022

¶26

PETITIONERS:

¶27

BENCY P.A, AGED 50 YEARS, D/o.ABDUL KHADAR P.A., PRESENTLY WORKING AS L.D TYPIST IN THE HEAD OFFICE OF THE KERALA STATE WAKF BOARD RESIDING AT PALLATH HOUSE, MUNDOPADATH, PERUMBADANNA, NORTH PARAVOOR P.0, ERNAKULAM DISTRICT, PIN – 683513

¶28

BY ADVS. SHRI.C.S.AJITH PRAKASH SHRI.T.K.DEVARAJAN SHRI.BABU M. SHRI.ANCY THANKACHAN SHRI.NIDHIN RAJ VETTIKKADAN SHRI.HAARIS MOOSA SHRI.GOURI KAILASH

¶29

RESPONDENTS:

¶30

1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, REVENUE (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001

¶31

W.P.(C) Nos.7029 & 30471 of 2022

¶32

: 4 :

¶33

2 KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, KOCHI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN – 682017

¶34

3 THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, KOCHI, PIN – 682017

¶35

BY ADVS. SHRI. K.P.SAROJINI, GOVERNMENT PLEADER, SHRI. JAMSHEED HAFIZ, SC

¶36

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH WP(C).7029/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶37

W.P.(C) Nos.7029 & 30471 of 2022

: 5 :

N. NAGARESH, J.

W.P.(C) Nos.7029 and 30471 of 2022

¶43

Dated this the 21^st day of December, 2023

¶44

J U D G M E N T

¶45

~ ~ ~ ~ ~ ~ ~ ~ ~

¶46

Both these writ petitions have been filed with

¶47

similar set of facts and raise common question of law. Hence, they are heard together and disposed of by a common judgment.

¶48

The 1^st petitioner in W.P.(C) No.7029/2022 was initially appointed as Temporary LD Clerk in the office of the 2^nd respondent-Kerala State Waqf Board on 02.12.2006. The 2^nd petitioner was appointed as Temporary LD Stenographer on 02.12.2006. The 3^rd petitioner was

¶49

W.P.(C) Nos.7029 & 30471 of 2022

¶50

: 6 :

¶51

appointed as Temporary LD Clerk on 09.03.2007. They were appointed as they were sponsored by employment exchange and were successful in a selection process consisting of written test and interview. The petitioners state that their selection and appointment were in accordance with the provisions contained in the Kerala Waqf Board Regulations, 2003.

¶52

The 1^st petitioner is a graduate in Zoology and holds Post Graduate Diploma in Computer Application. He has also passed typewriting English Higher. The 2^nd petitioner holds Diploma in Commercial Practice and is qualified in Computer Word Processing Malayalam Lower. The 3^rd petitioner is a Commerce graduate and has qualified Typewriting English and Hindi Higher. He also holds DOEACC 'O' Level examination.

¶53

The petitioners state that during the time of their appointment, most of the employees under the Waqf Board were working on daily wages or contract basis. The 2^nd respondent regularised the services of many employees.

¶54

W.P.(C) Nos.7029 & 30471 of 2022

¶55

: 7 :

¶56

One Smt. Junaitha filed W.P.(C) No.14845/2009 and this Court allowed the writ petition directing the respondents to regularise the service of Smt. Junaitha with retrospective effect and with consequential benefits.

¶57

Subsequently, the 2^nd respondent initiated steps to regularise the service of temporary employees like the petitioners. While so, the 2003 Regulations were replaced by the Kerala State Waqf Board Regulations, 2016. Regulation 5.2(2) of Chapter 4 of the Regulations, 2016 provided that employees who were appointed through Employment Exchanges and continuing on contract basis with a minimum of seven years service, shall be allowed to continue in service and if such employees have all the qualifications prescribed under the Regulations, their services shall be regularised with prospective effect from the date of publication of Regulations. Ext.P4 Regulations were published on 01.02.2016.

¶58

The petitioners state that they are all qualified to hold their respective posts and their services are therefore

¶59

W.P.(C) Nos.7029 & 30471 of 2022

¶60

: 8 :

¶61

liable to be regularised. However, the regularisation process was not proceed with. The petitioners therefore filed W.P.(C) No.19140/2017. This Court as per Ext.P20 judgment dated 28.07.2017 disposed of the writ petition directing the 1^st respondent to consider the representations submitted by the petitioners. Contending that the representations of the petitioners were already rejected, the 1^st respondent filed W.A. No.2300/2017 against Ext.P20 judgment. A Division Bench of this Court disposed of the Writ Appeal affirming Ext.P20 judgment, modifying the judgment to the extent to dispose of the pending representations in accordance with whichever Regulations in force.

¶62

On 24.07.2019, by Ext.P22 order, the 1^st respondent rejected the representations of the petitioners. The petitioners challenged Ext.P22 order filing W.P.(C) No.23682/2019. This Court set aside Ext.P22 GO and directed the respondents to consider the matter afresh in terms of Regulations, 2016. Subsequently, the 1^st respondent granted approval for regularisation of the

¶63

W.P.(C) Nos.7029 & 30471 of 2022

¶64

: 9 :

¶65

services of the petitioners, as per Ext.P32. In Ext.P32, it was stated that regularisation will take effect only from the date of the GO. The petitioners would contend that the said condition goes against the provisions of the Regulations, 2016. The 3^rd respondent, however, passed Ext.P34 proceedings regularising the services of the petitioners with effect from 01.01.2022 only. The petitioners are aggrieved by the prospective regularisation.

¶66

The petitioners submitted representations seeking retrospective regularisation. Thereupon, the 3^rd respondentChief Executive Officer of the Waqf Board prepared a detailed report, Ext.P40. Ext.P40 indicated that the retrospective regularisation of the petitioners will not create any additional financial burden to the Government and that the case of the petitioners for retrospective regularisation is fully justified. In spite of the recommendations of the 3^rd respondent, the petitioners are not given the benefit of retrospective regularisation to which they are statutorily entitled to, contend the petitioners.

¶67

W.P.(C) Nos.7029 & 30471 of 2022

¶68

: 10 :

¶69

As the 2^nd petitioner in W.P.(C) No.7029/2022 has

¶70

filed a separate writ petition, W.P.(C) No.30471/2022, the case of the 2^nd petitioner is being considered in W.P.(C) No.30471/2022.

¶71

The petitioner in W.P.(C) No.30471/2022 was also recruited through employment Exchange after a written test and interview in terms of the Kerala Waqf Board Regulations, 2003. She was appointed as temporary LD Stenographer with effect from 19.03.2007. The petitioner's service was regularised with effect from 01.01.2022. The petitioner would contend that she is also entitled to regularisation with retrospective effect.

¶72

By Ext.P22 Government Order dated 01.01.2022, the Principal Secretary to the Government ordered that the petitioner be regularised in service as LD Typist with effect from the date of Ext.P22 order. In fact, the petitioner was working as LD Stenographer. The Kerala State Waqf Board by Ext.P19 decision dated 07.12.2021 had recommended to regularise the petitioner in the post held by the petitioner.

¶73

W.P.(C) Nos.7029 & 30471 of 2022 : 11 :

¶74

By Ext.P31 communication dated 17.02.2022, the Chief Executive Officer of the Board had again recommended to regularise the service of the petitioner as Confidential Assistant Grade-II. Ext.P32 Kerala Waqf Regulations, 2003 would show that there is a post of LD Stenographer under the Kerala State Waqf Board. However, the petitioner was finally regularised only in the post of LD Typist as per Ext.P22 Government Order. The petitioner seeks regularisation in the post of Confidential Assistant Grade-II with effect from 01.02.2016.

¶75

The 1^st respondent-State of Kerala resisted the writ petitions filing counter affidavit. The 1^st respondent submitted that the petitioners were appointed on temporary basis as they were sponsored by the Employment Exchange. The petitioners were qualified for appointment as per the then existing Kerala Waqf Board Regulations, 2003. The chief Executive Officer of the Waqf Board reported that after 2008, no regular recruitment was made to the Waqf Board following procedures prescribed by the Regulations. The

¶76

W.P.(C) Nos.7029 & 30471 of 2022

¶77

: 12 :

¶78

employees were appointed on temporary basis and some of them were regularised on the basis of the orders passed by the High Court of Kerala as well as the Government.

¶79

On and from 01.02.2016, the Kerala State Waqf Board Regulations, 2016 came into force. Regulation 5.2(2) of the Regulations, 2016 provided that employees, who were appointed through the Employment Exchange and continuing on contract basis with minimum of seven years service under the Board, shall be allowed to continue in service and that if such employees have all the qualifications prescribed under the Regulations, their service shall be regularised with prospective effect from the date of publication of Regulations.

¶80

The 1^st respondent, however, pointed out that the Government as per GO(P) No.31/2018/Fin dated 03.03.2018 have stipulated that under any circumstances the temporary employees in Government Departments, semi government/ public sector undertakings and institutions which provide salary and pension to the employees with the assistance of government grant, regularisation shall be effective only from

¶81

W.P.(C) Nos.7029 & 30471 of 2022 : 13 :

¶82

the date of the issuance of the order.

¶83

The 1^st respondent further submitted that the Board furnished proposals leading to regularisation of 13 temporary employees including the petitioners who were recruited through Employment Exchange and continuing on contract basis for more than seven years. On 15.11.2017, the Government took a policy decision to entrust the recruitment of employees in the Kerala State Waqf Board to the Kerala Public Service Commission. It was also decided to regularise only those temporary members who were in the scale of pay as on 15.11.2017. But, there were no temporary employees serving in the scale of pay. The 1^st respondent states that Regulation 5.2(2) lacked transparency regarding recruitment of the officers and employees and therefore procedure for amendment of the said sub-regulation has been initiated.

¶84

The petitioners were qualified on 01.02.2016, the date of publication of the Regulations, 2016 and on that date, the petitioners had completed seven years qualifying service

¶85

W.P.(C) Nos.7029 & 30471 of 2022

¶86

: 14 :

¶87

as stipulated in the Regulations. Therefore, the Government decided to regularise the service of the petitioners in their respective posts without retrospective effect. Prospective effect was given to their regularisation in view of GO(P) No.31/2018/Fin dated 03.03.2018 which stipulated that under no circumstances, the temporary employees in Government Department, semi government / public sector undertakings and the institutions which provide salary and pension to the employees with the assistance of Government grant are regularised retrospectively. The writ petitions are therefore without any force or merit and are liable to be dismissed, contended the 1^st respondent.

¶88

I have heard the learned counsel for the petitioners, the learned Government Pleader representing the State of Kerala and the learned Standing Counsel appearing for the Kerala State Waqf Board.

¶89

The petitioners were appointed as Temporary LD Clerk / Temporary LD Stenographer during the years 20062007 as per the Kerala Waqf Board Regulations, 2003,

¶90

W.P.(C) Nos.7029 & 30471 of 2022

¶91

: 15 :

¶92

which was in vogue then. The petitioners were sponsored by Employment Exchange. The petitioners were selected on the basis of a written examination and interview. The initial appointments were for a period of three years. However, the petitioners continued in service on contract basis as per the orders issued by the Waqf Board.

¶93

The Regulations, 2003 were replaced by the Kerala State Waqf Board Regulations, 2016 as per GO dated 27.01.2016. The Regulations, 2016 were published in Kerala Gazette on 01.02.2016. Regulation 5.2(2) of Chapter IV of the Regulations, 2016 provided that employees, who were appointed through Employment Exchanges and continuing on contract basis with a minimum of seven years service in the service of the Board, shall be allowed to continue in service even after the Regulations came into force. If such employees have all the qualifications prescribed under the Regulations, their service shall be regularised with the prior sanction of the Government with prospective effect from the date of publication of the

¶94

W.P.(C) Nos.7029 & 30471 of 2022

¶95

: 16 :

¶96

Regulations.

¶97

Relying on the Regulations, 2016, the petitioners submitted representations seeking to regularise their services as LD Clerk and LD Stenographer.

¶98

The representations of the petitioners were rejected as per Ext.P22 Government Order dated 24.07.2019. The representations were rejected relying on the judgment of the Apex Court in Secretary, State of Karnataka v. Umadevi [AIR 2006 SC 1806] .

¶99

The petitioners submitted further representations seeking regularisation. The Chief Executive Officer of the Waqf Board forwarded Ext.P29 resolution dated 07.12.2021 resolving that in view of Regulation 5.2(2), employees like the petitioners who satisfy the educational qualifications for holding the posts and who are sponsored by the Employment Exchange for their appointment can be regularised with the sanction of the Government.

¶100

Thereafter, by Ext.P34 proceedings dated 10.01.2022 of the Chief Executive Officer of the Waqf Board,

¶101

W.P.(C) Nos.7029 & 30471 of 2022 : 17 :

¶102

the petitioners were regularised in service with effect from 01.01.2022. The grievance raised by the petitioners is that as per Regulation 5.2(2), the petitioners are liable to be regularised in service with effect from 01.02.2016, with effect from which date the Kerala State Waqf Board Regulations, 2016 came into force.

¶103

The respondents have taken a stand that as per GO(P) No.31/2018/Fin dated 03.03.2018, under any circumstances, the temporary employees in Government Departments, semi Government / public sector undertakings and institutions which provide salary and pension to the employees with the assistance of Government grant, the regularisation shall be effective only from the date of the issuance of the order. The question is whether such Government Orders can deny the petitioners regularisation in service with effect from the date on which the Regulations, 2016 came into force.

¶104

It is to be noted that unlike service rules relating to other Boards and Public Sector Undertakings, the Kerala

¶105

W.P.(C) Nos.7029 & 30471 of 2022

¶106

: 18 :

¶107

State Waqf Board Regulations, 2016 stand on a different footing. In service jurisprudence, the generally accepted modes of appointment are appointment by direct recruitment, appointment by promotion, appointment by transfer and appointment on deputation. Regularisation is not usually adopted as a mode of recruitment in Government services and services in Public Sector Undertakings.

¶108

The Hon’ble Apex Court has held in the judgment in Umadevi (supra) that regularisation of temporary employees shall be made subject to certain norms. Those who were appointed on temporary basis should be duly qualified to hold the post. Such temporary appointments should be against sanctioned posts. The temporary employees should have worked at least for a period of ten years without break. Such continuous service should not be based on any court orders. Such employees should have completed ten years service by 10.04.2006. Regularisation of their services should be on the basis of a Scheme framed by the State Government. Grant of regularisation should be

¶109

W.P.(C) Nos.7029 & 30471 of 2022

¶110

: 19 :

¶111

a one time affair and shall not be continued.

¶112

The Hon’ble Apex Court delivered the judgment in Umadevi (supra) while dealing with services which did not statutorily recognise regularisation as a mode of appointment to government service / to the services under the Public Sector Undertakings.

¶113

In the case of the Kerala State Waqf Board, Section 24 of the Waqf Act, 1995, provides that the Board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under the Act, details thereof shall be determined by the Board in consultation with the State Government. Section 24(2) provides that the appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by the Regulations.

¶114

Ext.P14-Kerala State Waqf Board Regulations, 2016 have been framed in exercise of the powers conferred by Section 110 of the Waqf Act, 1995 and with the previous

¶115

W.P.(C) Nos.7029 & 30471 of 2022

¶116

: 20 :

¶117

sanction of the Government of Kerala. Chapter IV of the Regulations, 2016 provides for recruitment of officers and employees. Regulation 5.2(2) of the Regulations reads as follows:

¶118

Employees who were appointed through the Employment Exchange and continuing on contract basis with minimum of seven years service in the service of the Board shall be allowed to continue in the service of the Board even after these regulations come into force. If such employees have all the qualifications prescribed under the regulations, their service shall be regularised with the prior sanction of the Government with prospective effect from the date of publication of regulations.

¶119

The Regulations therefore statutorily accept regularisation as a mode of appointment. The conditions stipulated in Regulation 5.2(2) are:

¶120

(i) the temporary employees should be appointed through Employment Exchanges.

¶121

(ii) they should be continuing on contract basis with minimum of seven years of service.

¶122

(iii) the employees shall have all the qualifications prescribed under the Regulations and

¶123

W.P.(C) Nos.7029 & 30471 of 2022

¶124

: 21 :

¶125

regularisation should be with prior sanction of the Government.

¶126

Regulation 5.2(2) specifically lays down that regularisation of employees shall be with prospective effect from the date of publication of Regulations.

¶127

In the case of the petitioners, all the petitioners were appointed through Employment Exchanges and they were appointed after undergoing a selection process consisting of written test and interview. They have been continuing on contract basis and had more than seven years service in the Waqf Board when the Regulations, 2016 came into force. The petitioners possess the qualifications prescribed for the posts under the Regulations. The Government has granted sanction for regularisation of the petitioners.

¶128

When the petitioners satisfy all the eligibility conditions for regularisation as mandated by the Regulations, 2016 and when the Government has granted sanction for regularisation, such regularisation should be with effect from

¶129

W.P.(C) Nos.7029 & 30471 of 2022

¶130

: 22 :

¶131

the date of publication of Regulations as stipulated by Regulation 5.2(2). The decision of the respondents to regularise the services of the petitioners with effect from a subsequent date, namely 01.01.2022, is therefore unsustainable.

¶132

It is true that Ext.P36 Government Order dated 03.03.2018 gives general instructions and stipulates that regularisation of Government employees or the employees of the Semi Government / Public Sector Undertakings shall be only with effect from the date of the order of regularisation. Ext.P36 is an order issued under Article 162 of the Constitution of India, in exercise of the executive power of the State. The Kerala State Waqf Board Regulations, 2016, on the other hand, have statutory force supported by Section 24 and Section 110 of the Waqf Act, 1995. Therefore, Ext.P36 Government Order cannot override the provisions of the Kerala State Waqf Board Regulations, 2016.

¶133

In the case of the petitioner in W.P.(C) No.30471/2022, it is evident that by Ext.P19, the Board has

¶134

W.P.(C) Nos.7029 & 30471 of 2022

¶135

: 23 :

¶136

taken a decision to regularise the services of the petitioner in the post held by the petitioner. Ext.P31 recommendation dated 17.02.2022 of the Chief Executive Officer is to regularise the services of the petitioner in the post of Confidential Assistant Grade-II as the post of LD Stenographer was re-designated as Confidential Assistant. Clause 5.2(2) of the Regulations, 2016 also contemplates regularisation of employees in the post held by them, in respect of which the employees satisfy the educational qualification. Therefore, the decision of the Government contained in Ext.P22 order dated 01.01.2022 to regularise the petitioner as LD Typist cannot be justified.

¶137

In the afore circumstances, the petitioners are bound to succeed. Ext.P34 proceedings of the 3^rd respondent in W.P.(C) No.7029/2022 (Ext.P25 in W.P.(C) No.30471/2022) is therefore set aside to the extent it restricts the date of regularisation of the petitioners with effect from 01.01.2022. The 3^rd respondent is directed to regularise the services of the petitioners, with effect from 01.02.2016, the

¶138

W.P.(C) Nos.7029 & 30471 of 2022 : 24 :

¶139

date of publication of the Kerala State Waqf Board Regulations, 2016. The petitioner in W.P.(C) No.30471/2022 shall be regularised in the post of Confidential Assistant Grade-II as recommended by the 3^rd respondent-Chief Executive Officer in Ext.P31 communication dated 17.02.2022. The petitioners shall be granted all consequential benefits.

¶140

The writ petitions are allowed as above.

¶141

Sd/-

¶142

N. NAGARESH, JUDGE

¶143

aks/21.12.2023

¶144

W.P.(C) Nos.7029 & 30471 of 2022

¶145

: 25 :

¶146

APPENDIX OF WP(C) 7029/2022

¶147

PETITIONERS' EXHIBITS:

¶148

Exhibit P1	A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 02/12/2006.
Exhibit P2	A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 02/12/2006.
Exhibit P3	A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 19/03/2007.
Exhibit P4	A TRUE COPY OF THE CERTIFICATE OF DEGREE OF BACHELOR OF SCIENCE OF THE 1ST PETITIONER.
Exhibit P5	A TRUE COPY OF THE CERTIFICATE ISSUED BY THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, DATED 20/12/1994 OF THE 1ST PETITIONER.
Exhibit P6	A TRUE COPY OF THE CERTIFICATE OF TYPEWRITING ENGLISH HIGHER OF THE 1ST PETITIONER.
Exhibit P7	A TRUE COPY OF THE CERTIFICATE OF DIPLOMA IN COMMERCIAL PRACTICE, ISSUED BY THE STATE BOARD OF TECHNICAL EDUCATION OF THE 2ND PETITIONER.
Exhibit P8	A TRUE COPY OF THE CERTIFICATE OF COMPUTER WORD PROCESSING, MALAYALAM LOWER TO THE 2ND PETITIONER.
Exhibit P9	A TRUE COPY OF THE CERTIFICATE OF COMPUTER WORD PROCESSING, LOWER OF THE 2ND PETITIONER.
Exhibit P10	A TRUE COPY OF THE CERTIFICATE OF DEGREE OF BACHELOR OF COMMERCE OF THE 3RD PETITIONER.
Exhibit P11	A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING ENGLISH HIGHER OF THE 3RD PETITIONER.
Exhibit P12	A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING HINDI HIGHER OF THE 3RD PETITIONER.
Exhibit P13	A TRUE COPY OF THE CERTIFICATE OF 'O
	LEVEL EXAMINATION' ISSUED BY DOEACC SOCIETY TO THE 3RD PETITIONER.

¶149

W.P.(C) Nos.7029 & 30471 of 2022

¶150

: 26 :

¶151

Exhibit P14	A TRUE COPY OF THE KERALA STATE WAQF BOARD REGULATIONS, 2016, PUBLISHED IN KERALA GAZETTE VIDE GO(MS) NO.58/2016/RD DATED 27/01/2016.
Exhibit P15	A TRUE COPY OF THE LETTER NO. B6- 571/2016 DATED 10/02/2016 ISSUED BY THE 3RD RESPONDENT TO THE PRINCIPAL SECRETARY.
Exhibit P16	A TRUE COPY OF THE LETTER NO. B6- 571/2016 DATED 30/04/2016 ISSUED BY THE 3RD RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (F) DEPARTMENT.
Exhibit P17	A TRUE COPY OF THE REPRESENTATION DATED 05/05/2017 SUBMITTED BY THE 1ST PETITIONER.
Exhibit P18	A TRUE COPY OF THE REPRESENTATION DATED 05/05/2017 SUBMITTED BY THE 2ND PETITIONER.
Exhibit P19	A TRUE COPY OF THE REPRESENTATION DATED 05/05/2017 SUBMITTED BY THE 3RD PETITIONER.
Exhibit P20	TRUE COPY OF THE JUDGMENT DATED 28/07/2017 IN WPC NO.19140/2017 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P21	A TRUE COPY OF THE JUDGMENT DATED 27/09/2018 IN WA NO.2300/2017 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P22	A TRUE COPY OF THE GO(RT) NO.2017/2019/RD DATED 24/07/2019 ISSUED BY THE 1ST RESPONDENT.
Exhibit P23	A TRUE COPY OF THE JUDGMENT IN WPC NO.23682/2019 DATED 01/02/2021.
Exhibit P24	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 09/02/2021.
Exhibit P25	A TRUE COPY OF THE LAWYER NOTICE DATED 03/05/2021 SENT TO THE 1ST RESPONDENT.
Exhibit P26	A TRUE COPY OF THE ORDER IN IA NO.2/2021 IN WPC NO.23682/2019 DATED 27/07/2021.

¶152

W.P.(C) Nos.7029 & 30471 of 2022

¶153

: 27 :

¶154

Exhibit P27	A TRUE COPY OF THE JUDGMENT DATED
	27/07/2021 IN CON. CASE (C) NO.
	965/2021.
Exhibit P28	A TRUE COPY OF THE ORDER IN IA NO.3/2021 IN WPC NO.23682/2019 DATED 07/10/2021.
Exhibit P29	A TRUE COPY OF THE RESOLUTION NO.17 DATED 07/12/2021 PASSED BY THE WAQF BOARD.
Exhibit P30	A TRUE COPY OF THE LETTER NO. C1-SR- 293/2019 DATED 07/12/2021 ISSUED BY THE CEO OF THE WAQF BOARD TO THE 1ST RESPONDENT FORWARDING THE RESOLUTION.
Exhibit P31	A TRUE COPY OF THE ORDER IN CONTEMPT CASE (C) NO.965/2021 DATED 22/12/2021.
Exhibit P32	A TRUE COPY OF THE GO(K) NO.2/2022/REV. DATED 01/01/2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P33	A TRUE COPY OF THE REPRESENTATION FORWARDED BY THE PETITIONERS TO THE 1ST RESPONDENT DATED 01/01/2022.
Exhibit P34	A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT NO.B6-571/2016 DATED 10/01/2022 IS ISSUED TO THE PETITIONERS.
Exhibit P35	A TRUE COPY OF THE ORDER IN IA NO.1/2021 IN CONTEMPT CASE (C) NO.965/2021 IN WPC NO.23682/2019 DATED 04/01/2022.
Exhibit P36	A TRUE COPY OF THE GO NO.31/2018/FIN DATED 03/03/2018.
Exhibit P37	A TRUE COPY OF THE REPRESENTATION DATED 01/02/2022 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT WITHOUT ITS ENCLOSURES.
Exhibit P38	A TRUE COPY OF THE LETTER DATED
	03/02/2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT
	FORWARDING THE REPRESENTATION OF THE PETITIONERS.

¶155

W.P.(C) Nos.7029 & 30471 of 2022

¶156

: 28 :

¶157

Exhibit P39 A TRUE COPY OF THE WORKSHEET SHOWING THE ARREARS OF SALARY BASED ON THE PAY SCALE IN THE EVENT OF RETROSPECTIVE REGULARIZATION, PREPARED BY THE PETITIONERS. Exhibit P40 A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 17/02/2022 FORWARDING TO THE 1ST RESPONDENT.

¶158

W.P.(C) Nos.7029 & 30471 of 2022

¶159

: 29 :

¶160

APPENDIX OF WP(C) 30471/2022

¶161

PETITIONER'S EXHIBITS:

¶162

Exhibit P1	A TRUE COPY OF THE CERTIFICATE OF
	DIPLOMA IN COMMERCIAL PRACTICE (3 YEARS COURSE) ISSUED BY STATE BOARD OF TECHNICAL EDUCATION
Exhibit P2	A TRUE COPY OF THE CERTIFICATE ISSUED BY THE STATE BOARD OF PUBLIC EXAMINATION DATED 22/03/2003
Exhibit P3	A TRUE COPY OF THE CERTIFICATE IN COMPUTER WORD PROCESSING ISSUED BY BOARD OF TECHNICAL EXAMINATION ON 8/08/2011
Exhibit P4	A TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER DATED 2/12/2006 ISSUED BY THE 3RD RESPONDENT
Exhibit P5	A TRUE COPY OF THE SELECT LIST CONTAINING THE NAME OF THE PETITIONER, SIGNED BY THE CEO/ 3RD RESPONDENT
Exhibit P6	A TRUE COPY OF AGREEMENT DATED 29/05/2009 EXECUTED BY THE PETITIONER AND THE 3RD RESPONDENT
Exhibit P7	A TRUE COPY OF THE AGREEMENT DATED 01.01.2016 EXECUTED BY THE PETITIONER AND THE 3RD RESPONDENT
Exhibit P8	A TRUE COPY OF THE KERALA STATE WAQF BOARD REGULATION, 2016 IS PUBLISHED ON 1/02/2016 IN THE KERALA GAZETTE
Exhibit P9	A TRUE COPY OF ONE SUCH LETTER ISSUED BY THE CE0 TO THE PRINCIPAL SECRETARY, REVENUE ON 10/02/2016 NO.B6571/2016
Exhibit P10	A TRUE COPY OF ANOTHER LETTER NO:B6571/2016 DATED 30/04/2016 ISSUED BY CEO TO THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
Exhibit P11	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10.03.2017 GOVERNMENT
Exhibit P12	A TRUE COPY OF THE REPRESENTATION
	SUBMITTED BY THE PETITIONER DATED
	05/05/2017 BEFORE THE 1ST RESPONDENT

¶163

W.P.(C) Nos.7029 & 30471 of 2022

¶164

: 30 :

¶165

Exhibit P13 A TRUE COPY OF THE JUDGMENT IN WP(C) 19140/2017 DATED 28/07/2017 Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED 27.09.2018 OF THIS HON'BLE COURT IN WA NO.2300/2017 Exhibit P15 A TRUE COPY OF THE G.0.(RT) NO. 2017/2019/RD, DATED 24.07.2019, ISSUED BY THE 1ST RESPONDENT Exhibit P16 A TRUE COPY OF THE JUDGMENT IN W.P(C) NO.23682/2019 DATED 01.02.2021 Exhibit P17 A TRUE COPY OF THE ORDER IN IA NO.2/2021 IN W.P(C) NO. 23682/2019 DATED 27.07.2021 Exhibit P18 A TRUE COPY OF THE JUDGMENT IN CON.CASE(C) NO.965/2021 DATED 27.07.2021 Exhibit P19 A TRUE COPY OF THE RESOLUTION NO.17 DATED 07.12.2021 PASSED BY THE WAQF BOARD Exhibit P20 A TRUE COPY OF THE LETTER ISSUED BY THE CE0 OF THE WAQF BOARD TO THE 1ST RESPONDENT FORWARDING THE RESOLUTION DATED 07.12.2021 Exhibit P21 A TRUE COPY OF THE ORDER IN CONTEMPT CASE (C) NO.965/2021 DATED 22.12.2021 Exhibit P22 A TRUE COPY OF THE GO(MS) NO.2/2022/REV DATED 01.01.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P23 A TRUE COPY OF THE REPRESENTATION DATED 28/01/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P24 A TRUE COPY OF THE REPRESENTATION FORWARDED BY THE PETITIONERS TO THE 1ST RESPONDENT DATED 01.01.2022 Exhibit P25 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT NO.B6-571/2016 DATED 10.01.2022 IS ISSUED TO THE PETITIONERS THEREIN Exhibit P26 A TRUE COPY OF THE ORDER IN IA NO.1/2021 IN CONTEMPT CASE(C) NO.965/2021 IN W.P(C) NO.23682/2019 DATED 04.01.2022

¶166

W.P.(C) Nos.7029 & 30471 of 2022

¶167

: 31 :

¶168

Exhibit	P27 A TRUE COPY OF THE GO NO.31/2018/FIN DATED 03.03.2018
Exhibit	P28 A TRUE COPY OF THE REPRESENTATION
	DATED 01.02.2022 SUBMITTED BY THE
	PETITIONERS TO THE 1ST RESPONDENT WITHOUT ITS ENCLOSURES
Exhibit	P29 A TRUE COPY OF THE LETTER DATED
	03.02.2022 ISSUED BY THE 3RD
	RESPONDENT TO THE 1ST RESPONDENT
	FORWARDING THE REPRESENTATION OF THE PETITIONER
Exhibit	P30 A TRUE COPY OF THE WORKSHEET SHOWING THE ARREARS OF SALARY BASED ON THE PAY
	SCALE IN THE EVENT OF RETROSPECTIVE
	REGULARIZATION, PREPARED BY THE PETITIONER
Exhibit	P31 A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 17.02.2022 FORWARDED TO THE 1ST RESPONDENT
Exhibit	P32 A TRUE COPY OF THE RELEVANT PAGE OF THE KERALA WAQF BOARD REGULATION, 2003
Exhibit	P33 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10/06/2022

¶169

Kadija Beevi M.a., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kadija Beevi M.a., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamaruniza Vs the Secretary

Sanu C.R Vs the State of Kerala

Shobana K.P Vs Thamarassery Primary Agricultural Rural Development Bank Ltd.

Sasidharan Vs the Authorised Officer

The Managing Committee of Taliparamba Service Co-Operative Bank Ltd., NO.F-1264, Represented by I Vs the Joint Registrar of Co-Operative Societies (General), Office of the Joint Registrar of Co-Oper

Iysha Sahadevan, Vs the Assistant Registrar Co-Operative Societies (General)