Dismissed

Ex.Sub. Revi Kumar.K.D v. Union of India

Kerala HC4 Mar 2024WP(C)/456/2023

Case brief

AI extract

What is this about?

The Court considered maintainability of multiple writ petitions challenging service conditions and termination of employees of Army Unit Run Canteens (URC). It held URCs are private undertakings funded by regimental non-public funds without pervasive State control, thus not 'State' under Article 12. Petitions dismissed as not maintainable; liberty granted to approach industrial forum.

What did the court decide?

Liberty granted to move to appropriate forum for redressal in terms of industrial laws.

Ex.Sub. Revi Kumar.K.D Vs Union of India — Service and Employment | Kerala HC (2024)

¶1

¶2

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466, 23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶4

WP(C) NO. 2517 OF 2020

¶5

PETITIONER/S:

¶6

`1`	`JAYAKUMAR, AGED 55 YEARS,THEKKEPARAMBU HOUSE,` `AVALOOKUNNU.P.O, PUNNAMADA, ALAPPUZHA`
`2`	`BABU.M,VALATHU HOUSE, CHERUTHANA.P.O, KARUVATTA, ALAPPUZHA`
`3`	`JAYADEEP,THENGATHIL HOUSE, PADAHARAM, THAKAZHY, ALAPPUZHA`
`4`	`SURESH BABU,KALATHIL HOUSE, PATHIRAPPALLY, ALAPPUZHA`
`5`	`JACOB ANTONY,CHENNADU HOUSE, CHAMPAKULAM, ALAPPUZHA`
`6`	`RAJU.C.P.,CHOVUMPURAM HOUSE, THATHAMPALLY, ALAPPUZHA`
`7`	`C.SANTHOSH,PUTHENVEEDU, PUNNAPRA, ALAPPUZHA`
`8`	`SHYLA.V,LEELALAYAM, THOTTAPPALLY.P.O, AMBALAPUZHA, ALAPPUZHA`
`9`	`RANI DEVADAS` `SREE CHAITHANYA, OLAKETTIAMBALAM.P.O, MAVELIKKARA`
`10`	`ALEX.T.T.,27386THYIL, KANJIRAMCHIRA.P.O, ALAPPUZHA`
	`BY ADVS.` `R.SUNIL KUMAR` `SMT.A.SALINI LAL` `SHRI.ARUN KRISHNA`

¶7

RESPONDENT/S:

¶8

`1`	`UNION OF INDIA` `REPRESENTED BY SECRETARY MINISTRY OF DEFENCE, NEW DELHI-` `110011`
`2`	`QUARTERMASTER GENERAL` `Q MG BRANCH, GENERAL CANTEEN SERVICE, ARMY HEADQUARTERS, L-1,` `BLOCK NUMBER 16, CHURCH ROAD, NEW DELHI-110011`
`3`	`DIRECTOR` `CANTEEN SERVICE DIRECTORATE, WING-III, WEST BLOCK 3, RK` `PURAM, NEW DELHI-110066`
`4`	`STATION COMMANDER` `STATION HEAD QUARTERS, (ARMY), KOCHI, NAVAL BASE, KOCHI-` `682004`

¶9

¶10

¶11

5STATION COMMANDER,
STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM-695006
BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SUVIN R MENON

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).25202/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶13

¶14

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶18

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶19

WP(C) NO. 25202 OF 2020

¶20

PETITIONER/S:

¶21

1 V.MONY (EX. HOY NB SUB) AGED 52 YEARS,PULIPARAVILA VEEDU, THANIMOODU, KANYAKUMARI, TAMIL NADU.

¶22

2 SANTOSH (EX.NK),TC 18/93/8, SOUPARNIKA, JAI NAGAR, THIRUMALA P.O., THIRUVANANTHAPURAM.

¶23

3 K. PRAMOD (EX. NK),VPS 376-B, TC 19/165-2, VATTAVILA, THIRUMALA, THIRUVANANTHAPURAM.

¶24

4 VIJIMOL,D/O. KRISHNAN NAIR, KRISHNA NIVAS, THRIPPADAPURAM, KULATHOOR P.O., THIRUVANANTHAPURAM.

¶25

5 S. SANDHYA,D/O. LATE T. SASI EX NK, NAKSHATRA, PERIJAMKADAVU, NEYARDAM, THIRUVANANTHAPURAM.

¶26

6 REJITHA A.S. NAIR,W/O. LATE GOPAN EX. NK. , SAROJA MANDIRAM, PUTHUKULANGARA P.O., NEDUMANGAD,THIRUVANANTHAPURAM.

¶27

7 T. SWAPANA,D/O. SOMAN NAIR, EX. NK., TC 22/1012, MANJUSHA, ATTUKAL, MANAKADU P.O., THIRUVANANTHAPURAM.

¶28

8 SUNIL NADAR,S/O. SWAMI NADAR EX. CNC, SUMATHI BHAVAN, PRIYAL LANE, PEYAD P.O., THIRUVANANTHAPURAM.

¶29

9 V. MANJUSHA,D/O. MOHANAN, EX. HAV., HARSHAM, TC 2058/2, TRIKKANNAPURAM, THIRUMALA P.O., THIRUVANANTHAPURAM.

¶30

10 SINDHU S. NAIR,D/O. SIVARAMANNAIR, EX. CFN, TC 7/1544(1), TKRA-19, THIRUNILAM LANE, THIRUMALA P.O., THIRUVANANTHAPURAM.

¶31

¶32

¶33

11 K.GEETHA,SREEBHAVANAM, TC 73/2650, SREEVARAHOM, VALLAKADAVU P.O., THIRUVANANTHAPURAM.

¶34

12 R. SALINI,D/O. LATE SEKHARAN, EX. PWR, PUTHUVALPUTHEN VEEDU, KACHANI, NATTAYAM P.O., THIRUVANANTHAPURAM.

¶35

13 S. REMESAN,PATTUVILAKAM, PERUNKUZHI P.O., THIRUVANANTHAPURAM.

¶36

14 K.K. ANEESH KUMAR,KARTHIKAPPALLY VADAKKATHIL, THEZHAVA NORTH, KARTHIKAPALLY VADAKKATHIL, THEZHAVA NORTH, KUTHIRAPANTHI P.O., KOLLAM.

¶37

BY ADVS.R.SUNIL KUMAR
SMT.A.SALINI LAL

¶38

RESPONDENT/S:

¶39

1 UNION OF INDIA,REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110011.

¶40

2 QUARTERMASTER GENERAL,Q MG BRANCH, GENERAL CANTEEN SERVICES, ARMY HEADQUARTERS, L-1, BLOCK NUMBER 16, CHURCH ROAD, NEW DELHI-1100011.

¶41

3 DIRECTOR,CANTEEN SERVICE DIRECTORATE, WING-III, WEST BLOCK 3, RK. PURAM, NEW DELHI-110066.

¶42

4 STATION COMMANDER,STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM-695006.

¶43

5 THE CHAIRMAN,ADM COMMANDANT, STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM-695006. BY ADV SHRI.HARIDAS P.NAIR, CGC

¶44

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶45

¶46

¶47

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

¶48

THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO. 25209 OF 2020

¶49

PETITIONER/S:

¶50

`1`	`S.SANTHOSH KUMAR (EX. NK),SANTOSH BHAVAN, NADUVATTOM` `P.O., PALLIPAD, ALAPPUZHA.`
`2`	`K.MURALEEDHARAN (EX HAV),KALAPATTU MURALEEGEETHAM,` `ORIPURAM, CHENNITHALA PO, ALAPPUZHA.`
`3`	`V.JAYALEKSHMI,(W/O. LATE G.ANIL KUMAR EX.NK),` `THONDITHARA HOUSE, THIRUVANDOOR P.O., CHENGANNUR,` `ALAPPUZHA.`
`4`	`BINDU R. KRISHNAN,(W/O. LATE RADHAKRISHNAN NAIR EX.` `HAV/CLK), KALEECKAL HOUSE, ELIPPAKULAM P.O.,` `PALLICKAL, ALAPPUZHA.`
	`BY ADVS.R.SUNIL KUMAR` `SMT.A.SALINI LAL`

¶51

RESPONDENT/S:

¶52

`1`	`UNION OF INDIA` `REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, NEW` `DELHI-110011.`
`2`	`QUARTERMASTER GENERAL,Q M G BRANCH, GENERAL CANTEEN` `SERVICES, ARMY HEADQUARTERS, L-1, BLOCK NUMBER 16,` `CHURCH ROAD, NEW DELHI-110011.`
`3`	`DIRECTOR,CANTEEN SERVICE DIRECTORATE, WING-III, WEST` `BLOCK 3, RK PURAM, NEW DELHI-110066.`
`4`	`STATION COMMANDER,STATION HEAD QUARTERS, PANGODE,` `THIRUVANANTHAPURAM-695006.`
`5`	`THE CHAIRMAN,ADM COMMANDANT, STATION HOUSE QUARTERS,` `PANGODE, THIRUVANANTHAPURAM-695006.`
	`BY ADV SUVIN R MENON`

¶53

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶54

¶55

¶56

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶57

PRESENT

¶58

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶59

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶60

WP(C) NO. 25213OF 2020

¶61

PETITIONER/S:

¶62

1 M.C.GEETHA (W/O LATE GOPIKUTTAN), NILLICKAL HOUSE, KODUMON EAST POST, PATHANAMTHITTA

¶63

2 DEEPTHI KUMAR,JAYA BHAVAN, TC 32/223, MADAVAPURAM, TITANIUM, THIRUVANANTHAPURAM

¶64

3 R.BIJU (EX.NK),VAISHNAVAM, MAMPILALI, THUMPAMON P.O., PATHANAMTHITTA

¶65

4 N.T.GEETHA KUMARI,(W/O.LATE MADUSUDANAN NAIR) PADMALAYAM PULLAD P.O., PATHANAMTHITTA

¶66

5 BEEBA S KUMAR,(W/O.LATE SREEKUMAR EX.NK), CHULLICKAL HOUSE, KURUNGUZHA P.O., PATHANAMTHITTA

¶67

6 PRIYA P. NAIR (W/O.LATE AJITH KUMAR) VADAKKANOTTIL HOUSE, EDAYARANMULA P.O., PATHANAMTHITTA

¶68

7 PRASANNA S PILLAI ,W/O.LATE SASIDHARAN PILLAI) KEEZHEDATH THAZHATHETHIL, PANANGADU P.O., KULANADA, PATHANAMTHITTA

¶69

8 SREEJA R.(W/O.LATE ABHILASH K. NAIR),KADATHUR NANDANAM, VALLICODU P.O., KAIPATTOOR, PATHANAMTHITTA

¶70

9 I.AJITHA (W/O.LATE S. SUNIL),KOTTARAVILA ROHINI, KAITHAPPARAMBU P.O., PATHANAMTHITTA

¶71

BY ADVS.R.SUNIL KUMAR
SMT.A.SALINI LAL

¶72

RESPONDENT/S:

¶73

1 UNION OF INDIA REP.BY SECRETARY MINISTRY OF DEFENCE, NEW DELHI-110011

¶74

2 QUARTERMASTER GENERAL,Q MG BRANCH, GENERAL CANTEEN SERVICES, ARMY HEADQUARTERS, L-I, BLOCK NUMBER 16,

¶75

¶76

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466,

¶77

23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶78

CHURCH ROAD NEW DELHI-110011

¶79

3 DIRECTOR,CANTEEN SERVICE DIRECTORATE, WING - III, WEST BLOCK 3, RK PURAM, NEW DELHI-110066

¶80

4 STATION COMMANDER,STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM 695 006

¶81

5 THE CHAIRMAN,ADM COMMANDANT, STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM 695 006

¶82

BY ADVS.SRI.K.SHRI HARI RAO, SRI SUVIN R MENON, CGC

¶83

KRISHNA T C

¶84

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶85

¶86

¶87

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶88

PRESENT

¶89

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶90

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶91

WP(C) NO. 26222 OF 2020

¶92

PETITIONER/S:

¶93

1EX.N.K.ANILKUMAR.B, AGED 44 YEARS
S/O. LATE BHASKARA PILLAI, BILLING CLERK, UNIT RUN
CANTEEN (URC), KOTTARAKKARA, RESIDING AT ROHINI,
MELILA P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 508.

¶94

2 EX.N.K.RAJAN PILLA, AGED 56 YEARS S/O. LATE PARAMESWARAN PILLAI, BILLING CLERK, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT REKHA NIVAS, NILAMELMURI, EAST KALLADA P.O., KOLLAM DISTRICT-691 502.

¶95

3 EX.HAV.ANILKUMAR B., AGED 52 YEARS S/O. BALAKRISHNAN NAIR, SALES ASSISTANT, UNIT RUN CANTEEN (URC), KOTTARAKKARA RESIDING AT GOKULAM, THAZHATHUKULAKKADA, KOTTARAKKARA, KOLLAM-691 521.

¶96

4 SATHIYAPAL BABU G., AGED 54 YEARS S/O. LATE GOVINDA PILLAI, BILLING CLERK, UNIT RUN CANTEEN (URC), KOTTARAKKARA RESIDING AT AMBIKA BHAVAN, NADUTHERI, PATHANAPURAM, PATTAZHI P.O., KOLLAM-691 522.

¶97

BY ADVS.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA

¶98

RESPONDENT/S:

¶99

1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110 119

¶100

2 THE SECRETARY TO THE GOVERNMENT MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI110 001.

¶101

¶102

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466,

¶103

23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶104

3 THE DEPUTY DIRECTOR GENERAL CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI-110 001.

¶105

4 THE CHAIRMAN,ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695 006.

¶106

5 THE STATION COMMANDER STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695 006.

¶107

BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SUVIN R MENON

¶108

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶109

¶110

¶111

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶112

PRESENT

¶113

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶114

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶115

WP(C) NO. 27478OF 2022

¶116

PETITIONER/S:

¶117

HAV BABUMON K K (RTD), AGED 44 YEARS
S/O.KUNJU KUNJU.C.Y, BILLING CLERK CUM SALES PERSON,
ESM URC KOLLAM, RESIDING AT MOOSARIVILA VEEDU,
NADUTHERY, THALAVOOR.P.O, THALAVOOR VILLAGE,
PATHANAPURAM TALUK,KOLLAM DISTRICT.

¶118

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
BABU JOHN
K.S.SUDHA
ANUPAMA JOHNY

¶119

RESPONDENT/S:

¶120

1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYNMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTHI BHAWAN, RAFI MARG, NEW DELHI-
110119.
2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110001.
3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH(QMG)
ARMY HEAD QUARTERS, NEW DELHI-110001.
4THE CHAIRMAN, ADM COMMANDANT,
STATION HEAD QUARTERS, THIRUMALA.P.O, PANGODU,
THIRUVANANTHAPURAM-695006.
5THE STATION COMMANDER,
STATION HEAD QUARTERS, THIRUMALA.P.O, PANGODU,
THIRUVANANTHAPURAM-695006.

¶121

¶122

¶123

6 THE MANAGER, ESM UNIT RUN CANTEEN, KOLLAM-691009.

¶124

BY ADV MANU S., ASG OF INDIA, SUVIN R MENON CGC

¶125

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶126

¶127

¶128

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶129

PRESENT

¶130

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶131

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶132

WP(C) NO. 27795OF 2021

¶133

PETITIONER/S:

¶134

EX.SUB.HONY.CAPT.JAYAKUMAR.S, AGED 51 YEARS
S/O LATE S.P. SUKUMARA PILLAI, ASSISTANT MANAGER, ESM
UNIT RUN, CANTEEN, KOTTARAKKARA, RESIDING AT AVITTOM,
CHERUMOOD, VELLIMON P.O.KOLLAM DISTRICT-691 511

¶135

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
BABU JOHN
ANUPAMA JOHNY
P.MAYA
K.S.SUDHA

¶136

RESPONDENT/S:

¶137

1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110
119

¶138

2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110 001

¶139

3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG)
ARMY HEAD QUARTERS, NEW DELHI-110 001

¶140

4THE CHAIRMAN
ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA
P.O.PANGOUD, THIRUVANANTHAPURAM-695 006.

¶141

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O.PANGOUD, THIRUVANANTHAPURAM-695 006.

¶142

¶143

¶144

6THE MANAGER ,
ESM UNIT RUN CANTEEN, KOTTARAKKARA, , KIZHAKKETHERUVU,
CHENGAMANDU P.O.KOTTARAKKARA-691 557.

¶145

BY ADVS.

¶146

S.MANU, ASG OF INDIA, SRI SUVIN R MENON CGC

¶147

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶148

¶149

¶150

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶151

PRESENT

¶152

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶153

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶154

WP(C) NO. 29919OF 2021

¶155

PETITIONER/S:

¶156

1C.PRASANNA KUMAR(EX JCO)
AGED 54 YEARS
S/O.VASUDEVAN NAIR, PRASANNALAYAM, SOORANAD (N) P.O.,
KOLLAM-690561.

¶157

2JAREENA P.ABRAHAM,
W/O.LATE THOMAS MATHEW, PARACKAL, OTHERA P.O.,
THIRUVALLA, PATHANAMTHITTA.

¶158

3USHAKUMARI,
W/O.LATE HAV. MURALEEDHARAN NAIR, NALLOTTIL HOUSE,
CHINGOLI P.O., ALAPPUZHA-690532.

¶159

4ANANDHALEKSHMI,
W/O.LATE HAV. THRIVIKRAMAN KOTTAKKATTENTHU,
PALLARIMANGALAM P.O., MAVELIKKARA, ALAPPUZHA-690107.

¶160

5SREEJA.S,
W/O.LATE HAV.RAJEEV R.NAIR (SENA MEDAL), VAISHNAVAM,
KARAKKAD PO, ALAPPUZHA P.O-689504.

¶161

BY ADVS.

¶162

R.SUNIL KUMAR
A.SALINI LAL
ARUN KRISHNA

¶163

RESPONDENT/S:

¶164

1UNION OF INDIA
REPRESENTED BY SECRETARY MINISTRY OF DEFENSE, NEW
DELHI-110011.

¶165

2QUARTERMASTER GENERAL,
Q MG BRANCH, GENERAL CANTEEN SERVICES, ARMY
HEADQUARTERS, L-1, BLOCK NUMBER 16, CHURCH ROAD, NEW
DELHI-110011.

¶166

¶167

¶168

3 DIRECTOR, CANTEEN SERVICE DIRECTORATE, WING-III, WEST BLOCK 3, RK PURAM, NEW DELHI-110066.

¶169

4 STATION COMMANDER, STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM695006.

¶170

5 THE CHAIRMAN ADM COMMANDANT, STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM-695006.

¶171

BY ADV SUVIN R MENON

¶172

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶173

¶174

¶175

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶176

PRESENT

¶177

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶178

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶179

WP(C) NO.30508OF 2021

¶180

PETITIONER/S:

¶181

1EX.HAV.MANU V.G., AGED 43 YEARS
S/O. GOPINATHAN PILLAI, STORE HANDLER, ESM URC,
PATHANAMTHITTA, RESIDING AT MADATHIL VEEDU,
THAZHATHUMURI, KIZHAKKENADA, EAST KALLADA, KOLLAM -
691 502.

¶182

2EX.NK.RAJESH G. NAIR,AGED 48 YEARS
S/O. GOPINATHAN NAIR, SECURITY STAFF, ESM URC
PATHANAMTHITTA, RESIDING AT MELEPLAMKUZHIYIL HOUSE,
PUTHUMALA P. O., PARAKKODE, PATHANAMTHITTA - 691 554.

¶183

3 EX.HAV.ACP-I ABRAHAM SKARIAH, AGED 55 YEARS S/O. A. SKARIA, BILLING CLERK, URC (EXTN.COUNTER), PATHANAMTHITTA, RESIDING AT MARY VILLA, THUMPAMON P. O., PATHANAMTHITTA - 689 502.

¶184

4EX.HAV. VENUGOPAL K., AGED 56 YEARS
S/O. KOCHUKUNJU NARI, BILLING CLERK CUM SALES PERSON,
URC PATHANAMTHITTA, RESIDING AT 'THEJAS', PARANTHAL P.
O., PONGALADY, PANDALAM, PATHANAMTHITTA - 689 501.

¶185

5EX.SUB.CLK STEEPHAN C.,AGED 56 YEARS
S/O. LATE K. CHACKO, STORE KEEPER, URC PATHANAMTHITTA,
RESIDING AT SHINEY BHAVAN, P. O. CHOORAKODE, VIA
MADAKALA, ADOOR, PATHANAMTHITTA - 691 551.

¶186

6 SULOCHANA K.,AGED 53 YEARS, W/O. LATE NK. SANAL KUMAR, REGIMENTAL EMPLOYEE, ESM URC PATHANAMTHITTA, RESIDING AT MURUPPEL HOUSE, MUTTATHKONAM P. O., ELAVAMTHITTA, PATHANAMTHITTA - 689 625.

¶187

7 MAYADEVI P. S. ,AGED 57 YEARS, W/O. LATE HAV. SREEKUMAR S., BILLING CLERK, ESM URC, PATHANAMTHITTA, RESIDING AT 'SREEGOVIND', KURAMPALA, PANDALAM P. O., PATHANAMTHITTA - 689 501.

¶188

8 LALY MATHEW,AGED 53 YEARS, W/O. HAV. MATHEW SAMUEL, SAFAIWALA, URC (EXTN.COUNTER), PATHANAMTHITTA,

¶189

¶190

¶191

RESIDING AT VADAKKETHIL, KODUMON P. O., PATHANAMTHITTA - 691 555.

¶192

9MOHAN DAS, AGED 56 YEARS
S/O. SILAS, SAFAIWALA, URC (EXTN.COUNTER),
PATHANAMTHITTA, RESIDING AT ERIDHIL NILKUNNATHIL,
OONNUKAL P. O., CHENNEERKKARA, OMALLOOR,
PATHANAMTHITTA - 689 647.

¶193

BY ADVS. K.C.SANTHOSHKUMAR, BABU JOHN K.K.CHANDRALEKHA

¶194

RESPONDENT/S:

¶195

1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110
119.

¶196

2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI -
110 001.

¶197

3THE DEPUTY DIRECTOR GENERAL
CANTEEN SERVICES, QUARTER MASTER GENERALS, BRANCH
(QMG) ARMY HEAD QUARTERS, NEW DELHI - 110 001.

¶198

4THE CHAIRMAN
ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.
O., PANGODU, THIRUVANANTHAPURAM - 695 006.

¶199

5THE STATION COMMANDER
STATION HEAD QUARTERS, THIRUMALA P. O., PANGODU,
THIRUVANANTHAPURAM - 695 006.

¶200

6THE MANAGER
ESM UNIT RUN CANTEEN, PATHANAMTHITTA - 689 001.
BY ADV MANU S., ASG OF INDIA

¶201

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶202

¶203

¶204

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶205

PRESENT

¶206

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶207

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶208

WP(C) NO.30564 OF 2021

¶209

PETITIONER/S:

¶210

1EX. HAV. SOMANATHAN PILLAI K.V.,
AGED 57 YEARS, S/O.KUTTAN PILLAI, BILLING CLERK, ESM
URC KOTTARAKKARA, RESIDING AT USHUS, THUVAYOOR SOUTH
P.O., KADAMPANADU, PATHANAMTHITTA-691 552.

¶211

2EX.GNR KISHORE.R.R., AGED 42 YEARS
BILLING CLERK, ESM URC KOTTARAKKARA, RESIDING AT RAJ
BAHVAN, VETTIKKAVALA P.O., KOTTARAKKARA-691 538.
3EX.HAV. ANIL KUMAR.T., AGED 43 YEARS
S/O.THANKAPPAN PILLAI.M., BILLING CLERK, ESM URC
KOTTARAKKARA, RESIDING AT PALAVILA VEEDU, NADUKKUNNU,
VETTIKKAVALA, KOLLAM-691 235.
4EX.LD VINODKUMAR.K., AGED 42 YEARS
S/O.S.KRISHNA PILLAI, STORE HANDLER ESM UNIT RUN
CANTEEN KOTTARAKKARA, RESIDING AT VINU MANDIRAM,
VETTIKAVALA P.O., KOTTARAKAKRA, KOLLAM DISTRICT-691
538.

¶212

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA

¶213

RESPONDENT/S:

¶214

1UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110
119.
2THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110 001.

¶215

¶216

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466,

¶217

23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶218

3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS, BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI-110 001.

¶219

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695 006.

¶220

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695 006.

¶221

6 THE MANAGER, ESM UNIT RUN CANTEEN, KOTTARAKAKRA, KIZHAKKETHERUVU, CHENGAMANADU P.O., KOTTARAKKARA-691 557.

¶222

BY ADV MANU S., ASG OF INDIA, SRI SUVIN R MENON CGC

¶223

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶224

¶225

¶226

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶227

PRESENT

¶228

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶229

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO.30652 OF 2021

¶230

PETITIONER/S:

¶231

EX.SEP.ANOOP KUMAR, AGED 40 YEARS
S/O PRABHAKAAN PILLAI D, BILLING CLERK, ESM URC,
MAVELIKKARA, RESIDING AT KUTTIYIL KIZHAKKATHIL,
MUTHUKULAM SOUTH, KARTHIKAPPALLY, ALAPPUZHA DISTRICT-
691506.

¶232

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA

¶233

RESPONDENT/S:

¶234

1UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT,
GOVERNMENT OF INDIA, SHRAM MARG, NEW DELHI-110119.

¶235

2 THE SECRETARY TO THE GOVERNMENT MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI110001.

¶236

3THE DEPUTYDIRECTOR GENERAL
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG)
ARMY HEAD QUARTERS, NEW DELHI-110001.

¶237

4THE CHAIRMAN,
ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P O,
PANGODU, THIRUVANANTHAPURAM-695006.

¶238

5 THE STATION COMMANDER STATION HEAD QUARTERS, THIRUMALA P O, PANGODU, THIRUVANANTHAPURAM-695006.

¶239

6THE MANAGER
ESM UNIT RUN CANTEEN, MAVELIKKARA-690105.

¶240

BY ADV MANU S., ASG OF INDIA, SRI SUVIN R MENON CGC

¶241

¶242

¶243

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶244

¶245

¶246

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶247

PRESENT

¶248

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶249

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶250

WP(C) NO.30668OF 2021

¶251

PETITIONER/S:

¶252

1EX.LD PRADEEP M., AGED 40 YEARS
S/O.MANIYAN, BILLING CLERK, URC, THIRUVANANTHAPURAM,
RESIDING AT PREETHA SADANAM, BHAGAVATHINADA.P.O,
THIRUVANANTHAPURAM-695001.

¶253

2EX.HAV.SURESH KUMAR,AGED 43 YEARS
S/O.KRISHNANKUTTY, BILLING CLERK, URC,
THIRUVANANTHAPURAM, RESIDING AT MELAKUNHU VEEDU,
KURUTHIYOORKONAM, PARASUVAIKAL.P.O,
THIRIVANANTHAPURAM-695508.
3EX.SEP.RAJEEV.D, AGED 40 YEARS
S/O.DAMODHARAN, BILLIN CLERK, URC, THIRUVANANTHAPURAM,
RESIDING AT 'DEVI CHAITHANYAM', KANJIRAMPARA.P.O,
THIRUVANANTHAPURAM-695030.
4EX.HAV. ANIL KUMAR G., AGED 48 YEARS, S/O.RAMAN
GANDHARVAN, BILLING CLERK, URC, THIRUVANANTHAPURAM,
RESIDING AT 'RETNA VILAASAM', THOPPUMUKKU,
VATTIYOORKAVU.P.O, THIRUVANANTHAPURAM-695013.
5EX.NK.RENJITH NAIR.S,
SECURITY STAFF, UNIT RUN CANTEEN, STATION HEAD
QUARTERS, THIRUVANANTHAPURAM, RESIDING AT 'DWARAKA',
TC 48/49(3),NJALIKONAM, KUNNAPUZHA, ARAMADA.P.O,
THIRUVANANTHAPURAM-695032.
6EX.NK.JIJUMON.N,
AGED 48 YEARS
S/O.NAKULAN, SECURITY STAFF, UNIT RUN CANTEEN,
THIRUVANANTHAPURAM, RESIDING AT T/C 1069(1), AISWARYA
BHAVAN, KEEZHEPANAKKARA VEEDU, MELANCODE, NEMOM.P.O,
THIRUVANANTHAPURAM-695020.
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA

BABU JOHN

RESPONDENT/S:

1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-
110019.
2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110001.
3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH(QMG),
ARMY HED QUARTERS, NEW DELH-110001.
4THE CHAIRMAN,ADM COMMANDANT,
STATION HEAD QUARTERS,THIRUMALA.P.O, PANGODU,
THIRUVANANTHAPURAM-695006.
5. THE STATION COMMANDER, STATION HEAD QUARTERS,
THIRUMALA PO, PANGODU, THIRUVANANTHAPURAM 695 006
5THE MANAGER, ESM UNIT RUN CANTEEN,
THIRUVANANTHAPURAM-695001.
BY ADV MANU S. DSG OF INDIA

¶259

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶260

¶261

¶262

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶263

PRESENT

¶264

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶265

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶266

WP(C) NO.30679OF 2021

¶267

PETITIONER/S:

¶268

1EX.NK . MOHANAKUMAR S., AGED 50 YEARS
S/O.LATE SANKARA PILLAI, BILLING CLERK CUM SALES
PERSON UNIT RUN STATION CANTEEN (EXTN. COUNTER),
KOLLAM, RESIDING AT MADATHIL HOUSE, MUTHUKULAM NORTH
P.O., KARTHIKAPPALLY, ALAPPUZHA DISTRICT - 690 560.
2LD NK.SUJITH LAL D.R., AGED 40 YEARS
S/O.RADHAMANI A., STORE HANDLER, EMC URC, KOLLAM
RESIDING AT SUNITH MANDIRAM, PERUMPUZHA P.O., KUNDARA,
KOLLAM - 691 504.
3SUSHAMA B., 138777848 (SERVICE WIDOW), W/O.LATE
NK.MURALEEDHARAN J., AGED 57, BILLING CLERK/SALES
PERSON, URC EXTN. COUNTER, KOLLAM, RESIDING AT
'ASHALAYAM', KALAKKODE P.O., PHOOTHAKULLAM, SOUTH
PARAVOOR, KOLLAM - 691 302.
4UMA RAMESH, 14577401N (SERVICE WIDOW), AGED 51,
W/O.LATE HAV.B.RAMESH KUMAR, BILLING CLERK/SALES
PERSON, URC EXTN. COUNTER KOLLAM, RESIDING AT 'RESHMI
BHAVAN', AYIROOR P.O., VARKALA, THIRUVANANTHAPURAM -
695 310.
5EX.LD ANISH CHANDRAN, AGED 38 YEARS
S/O.RAMACHANDRAN PILLAI, BILLING CLERK/SALES PERSON,
URC EXTN. COUNTER, KOLLAM, RESIDING AT ALAVILA
THEKKATHIL, PERUMPUZHA P.O., ELLAMPALLOOR, KOLLAM -
691 504.
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
BABU JOHN

¶269

RESPONDENT/S:

¶270

¶271

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466,

¶272

23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶273

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110 119.

¶274

2 THE SECRETARY TO THE GOVERNMENT MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI - 110 001.

¶275

3 THE DEPUTY DIRECTOR GENERAL CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG), ARMY HEAD QUARTERS, NEW DELHI -110 001.

¶276

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM - 695 006.

¶277

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM - 695 006.

¶278

6 THE MANAGER, ESM UNIT RUN CANTEEN, KOLLAM.

¶279

BY ADV MANU S., ASG OF INDIA

¶280

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶281

¶282

¶283

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶284

PRESENT

¶285

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶286

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶287

WP(C) NO.7461 OF 2022

¶288

PETITIONER/S:

¶289

EX.NK. BINU S.S.,AGED 43 YEARS
S/O. SUKUMARAN NAIR, SECURITY STAFF, UNIT RUN CANTEEN,
STATION HEAD QUARTERS, THIRUVANANTHAPURAM, RESIDING AT
'SREESARASWATHY', MELEKANNARATHALA,
OTTASEKHARAMANGALAM P.O, THIRUVANANTHAPURAM 695 125.

¶290

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
ANUPAMA JOHNY
P.MAYA

¶291

RESPONDENT/S:

¶292

1UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI 110
119.

¶293

2 THE SECRETARY TO THE GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI 110 001.

¶294

3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG)
ARMY HEAD QUARTERS, NEW DELHI 110 001

¶295

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O, PANGODU, THIRUVANANTHAPURAM 695 006.

¶296

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O, PANGODU, THIRUVANANTHAPURAM 695 006.

¶297

¶298

¶299

6 THE MANAGER, UNIT RUN CANTEEN, STATION HEAD QUARTERS, THIRUMALA P.O, PANGODU, THIRUVANANTHAPURAM 695 006.

¶300

BY ADVS.
MANU S., ASG OF INDIA
K.S.PRENJITH KUMAR

¶301

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶302

¶303

¶304

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶305

PRESENT

¶306

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶307

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶308

WP(C) NO. 29383OF 2022

¶309

PETITIONER/S:

¶310

HAV.S.SURESH KUMAR (RTD.), AGED 43 YEARS
S/O.N.SREEDHARAN, BILLING CLERK ESM URC, MAVELIKKARA,
RESIDING AT SURESH BHAVANAM, MUTHUKULAM NORTH, CHEPPAD
P.O., ALAPPUZHA DISTRICT - 690 507.

¶311

BY ADVS.K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA

¶312

BABU JOHN

¶313

RESPONDENT/S:

¶314

1UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -
110 119.

¶315

2THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI -
110 001.

¶316

3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI - 110 001.

¶317

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM - 695 006.

¶318

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM - 695 006 .

¶319

6 THE MANAGER, ESM UNIT RUN CANTEEN, MAVELIKKARA-690 105.

¶320

BY ADV S.MANU, SRI SUVIN R MENON CGC

¶321

¶322

¶323

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶324

¶325

¶326

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶327

PRESENT

¶328

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶329

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶330

WP(C) NO.35026OF 2022

¶331

PETITIONER/S:

¶332

1 EX.HONY.SUBEDAR SASIKUMAR (RETIRED) AGED 57 YEARS, S/O. LATE VALU PILLAI.P., STORE-INCHARGE, ESM URC, KOLLAM, RESIDING AT ANANDHASREE, KUZHIMATHICADU P.O., KOLLAM DISTRICT - 691 509.

¶333

2 SMT. SINDHU,W/O. LATE HAV. VENU P.C., AGED 50 YEARS, STORE HANDLER, ESM URC, KOLLAM, RESIDING AT NANDANAM, NATTUVATHUKKAL, VELLIMON P.O., KOLLAM-691 511.

¶334

3 SMT. KAVITHA RAJASEKHARAN NAIR, W/O. EX.NAIK RAJASEKHARAN NAIR, AGED 51 YEARS, MULTI TASKING STAFF (MTS) ESM URC, KOLLAM, RESIDING AT ROOPAM, THEKKEVILA P.O., KOLLAM - 16.

¶335

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
BABU JOHN
ANUPAMA JOHNY
K.S.SUDHA
VISMAYA VENUGOPAL

¶336

RESPONDENT/S:

¶337

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110 119

¶338

2 THE SECRETARY TO THE GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI - 110 001.

¶339

3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI - 110 001

¶340

¶341

¶342

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPRUAM-695 006

¶343

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695 006

¶344

BY ADV SHRI.HARIDAS P.NAIR, CGC

¶345

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶346

¶347

¶348

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶349

PRESENT

¶350

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶351

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶352

WP(C) NO.35173OF 2022

¶353

PETITIONER/S:

¶354

1EX.HAV.ARUNKUMAR.B, AGED 45 YEARS
S/O.BHARGAVAN, STORE HANDLER, STN., URC,
THIRUVANANTHAPURAM, RESIDING AT 'SIVALAYAM', TC-
84/181, KERA-116, KARALI ROAD.P.O, VALLAKKADAVU,
THIRUVANANTHAPURAM-695008.

¶355

2EX.N.K.R.ASHOKAN,AGED 48 YEARS
S/O.APPUKUTTAN NAIR, SECURITY STAFF, STN.URC,
THIRUVANANTHAPURAM, RESIDING AT TC 8/1449(5), DHARUL
HAQ, VADAKARA NAGAR, THIRUMALA, THIRUVANANTHAPURAM-
695006.

¶356

3SMT.SANDHYA.V,AGED 40 YEARS
W/O.LATE SHIBU.A, HOUSE KEEPER (SAFAIWALA), STN.URC,
THIRUVANANTHAPURAM, RESIDING AT THANNIVILA
THADATHARIKATHU VEEDU,
KATTAKADA.P.O,THIRUVANANTHAPURAM-695572.

¶357

BY ADVS.

¶358

K.C.SANTHOSHKUMAR,K.K.CHANDRALEKHA
K.S.SUDHA,BABU JOHN
ANUPAMA JOHNY,VISMAYA VENUGOPAL

¶359

RESPONDENT/S:

¶360

1UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW
DELHI 110119.
2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110001.
3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH(QMG)

¶361

¶362

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466,

¶363

23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶364

ARMY HEAD QUARTERS, NEW DELHI-110001.

¶365

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA.P.O, PANGODU, THIRUVANANTHAPURAM-695006.

¶366

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA.P.O, PANGODU, THIRUVANANTHAPURAM-695006.

¶367

6 THE MANAGER, ESM UNIT RUN CANTEEN, THIRUVANANTHAPURAM-695006.

¶368

BY ADV K.S.PRENJITH KUMAR, SUVIN R MENON

¶369

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶370

¶371

¶372

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶373

PRESENT

¶374

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶375

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶376

WP(C) NO.35231 OF 2022

¶377

PETITIONER/S:

¶378

1EX.HAV.SHIBU THOMAS (RETIRED)
AGED 43 YEARS, S/O. M.THOMAS, AGED 43 YEARS,
ACCOUNTANT, ESM URC, KOLLAM RESIDING AT SHIJU BHAVAN,
THALAVOOR, MANJAKKALA, PATHANAPURAM, KOLLAM DISTRICT -
691 508.

¶379

2 EX.NK.ANOOPKUMAR.V.,AGED 38 YEARS, S/O. VIJAYACHANDRAN PILLAI, MULTI TASKING STAFF (MTS, ESM URC, KOLLAM, RESIDING AT PLAVILA VEEDU, SHANTY NAGAR - 240, AYATHIL P.O., KOLLAM-691 021.

¶380

BY ADVS.

¶381

K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
BABU JOHN
ANUPAMA JOHNY
K.S.SUDHA
VISMAYA VENUGOPAL

¶382

RESPONDENT/S:

¶383

1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110 119.

¶384

2 THE SECRETARY TO THE GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI - 110 001.

¶385

3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS,A NEW DELHI - 110 001

¶386

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O.,

¶387

¶388

¶389

PANGODU, THIRUVANANTHAPURAM - 695 006.

¶390

5THE STATION COMMANDER,
STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU,
THIRUVANANTHAPURAM - 695 006.

¶391

BY ADV MINI GOPINATH -CGC .

¶392

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶393

¶394

¶395

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶396

PRESENT

¶397

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶398

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶399

WP(C) NO.35246OF 2022

¶400

PETITIONER/S:

¶401

1 EX.NB.SUB.SREERAJ P. (RTD), AGED 48 YEARS S/O.K.G.PURUSHOTHAMAN NAIR,MULTI TASKING STAFF (MTS) ESM URC, MAVELIKKARA, RESIDING AT ANJU BHAVANAM, MUTHUKULAM (NORTH) P.O., ALAPPUZHA DISTRICT - 690 506.

¶402

2 EX.HONY.NB SUB VINOD KUMAR.K., AGED 49 YEARS, S/O. KUTTAN PILLAI, SECURITY STAFF, ESM URC, MAVELIKKARA, RESIDING AT VAZHUVELIL PADEETTATHIL HOUSE, PONKAM/PUNNAMOOD, MAVELIKKARA.P.O. ALAPPUZHA - 690 101.

¶403

3EX.HAV.SUNIL KUMAR.G.,AGED 44 YEARS
S/O. V.K.GOPINATHAN PILLAI, STORE HANDLER, ESM URC,
MAVELIKKARA, RESIDING AT VADAKKE MARUTHARA VEEDU,
OTHERA P.O., THIRUVALLA, PATHANAMTHITTA-689 546.

¶404

4 EX.SEP. SUNIL KUMAR.S.,AGED 38 YEARS S/O. SASIDHARAN PILLAI, MULTI TASKING STAFF, ESM URC, MAVELIKKARA, RESIDING AT SALKALA NIVAS, PALLIKKAL P.O., KATTANAM, ALAPPUZHA 690 503.

¶405

BY ADVS.K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA,BABU JOHN
ANUPAMA JOHNY
VISMAYA VENUGOPAL

¶406

RESPONDENT/S:

¶407

1UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110
119.

¶408

2 THE SECRETARY TO THE GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI -

¶409

¶410

¶411

110 001.

¶412

3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI - 110 001.

¶413

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM - 695 006

¶414

5 THE STATION COMMANDER,STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM - 695 006.

¶415

6 THE MANAGER, ESM UNIT RUN CANTEEN, MAVELIKKARA-690 105. BY ADV SUVIN R MENON CGC, N.S.DAYA SINDHU SHREE HARI

¶416

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

¶417

1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶418

¶419

¶420

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶421

PRESENT

¶422

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶423

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶424

WP(C) NO. 453OF 2023

¶425

PETITIONER/S:

¶426

EX.SUB. JAYAPRAKASH.S,AGED 52 YEARS
S/O. K.SHANKAR PILLAI, WORKING AS ASSISTANT MANAGER,
STN. URC ALAPPUZHA, RESIDING AT SREERAGAM HOUSE,
KOMANA, AMBALAPPUZHA P.O., ALAPPUZHA -, PIN - 688561
BY ADVS.
K.C.SANTHOSHKUMAR,K.K.CHANDRALEKHA
BABU JOHN,ANUPAMA JOHNY
K.S.SUDHA
VISMAYA VENUGOPAL

¶427

RESPONDENT/S:

¶428

`1`	`UNION OF INDIA`
	`REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,` `MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF` `INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -,` `PIN - 110119`
`2`	`THE SECRETARY TO THE GOVERNMENT` `MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI` `-, PIN - 110001`
`3`	`THE DEPUTY DIRECTOR GENERAL` `CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH` `(QMG) ARMY HEAD QUARTERS, NEW DELHI -, PIN - 110001`
`4`	`THE CHAIRMAN`
	`ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA`
	`P.O., PANGODU, THIRUVANANTHAPURAM -, PIN - 695006`
`5`	`THE STATION COMMANDER`
	`STATION HEAD QUARTERS (ARMY), NAVAL BASE.P.O., KOCHI` `-, PIN - 682004`

¶429

¶430

¶431

6 THE MANAGER ESM UNIT RUN CANTEEN, ALAPPUZHA -, PIN - 688001

¶432

7 HONY SUB MAJ SUBHASH B M (RETD) ( SOUGHT TO BE IMPLEADED ) S/O.LATE BHASKARAN P K WORKING AS BILLING CLERK, STATION CANTEEN, ALAPPUZHA RESIDING AT SREELAYA ,PUNNAPRA MOB NO. 9496372800 ( SOUGHT TO BE IMPLEADED )

¶433

BY ADVS.SUVIN R MENON
K.S.PRENJITH KUMAR, BALAGANGADGARAN
R.PRADEEP KUMAR, GIRIJA K GOPAL(K/723/1995)

¶434

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND

¶435

CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶436

¶437

¶438

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶439

PRESENT

¶440

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶441

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO. 456OF 2023

¶442

PETITIONER/S:

¶443

EX.SUB. REVI KUMAR.K.D, AGED 54 YEARS
S/O. LATE CPD PILLAI, WORKING AS ACCOUNTS CLERK,
STN. URC ALAPPUZHA, RESIDING AT SREERAGAM HOUSE,
KOMANA, AMBALAPPUZHA P.O., ALAPPUZHA - ., PIN -
688561

¶444

BY ADVS.
K.C.SANTHOSHKUMAR,K.K.CHANDRALEKHA
BABU JOHN,ANUPAMA JOHNY
K.S.SUDHA
VISMAYA VENUGOPAL

¶445

RESPONDENT/S:

¶446

`1`	`UNION OF INDIA`
	`REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,` `MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF`
	`INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -,` `PIN - 110119`
`2`	`THE SECRETARY TO THE GOVERNMENT` `MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI` `-, PIN - 110001`
`3`	`THE DEPUTY DIRECTOR GENERAL` `CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH`
	`(QMG) ARMY HEAD QUARTERS, NEW DELHI -, PIN - 110001`
`4`	`THE CHAIRMAN`
	`ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA`
	`P.O., PANGODU, THIRUVANANTHAPURAM -, PIN - 695006`
`5`	`THE STATION COMMANDER`
	`STATION HEAD QUARTERS (ARMY), NAVAL BASE.P.O., KOCHI` `-, PIN - 682004`

¶447

¶448

¶449

6 THE MANAGER ESM UNIT RUN CANTEEN, ALAPPUZHA -, PIN - 688001

¶450

BY ADV MINI GOPINATH, SUVIN R MENON

¶451

 -CGC .

¶452

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶453

¶454

¶455

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶456

PRESENT

¶457

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶458

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶459

WP(C) NO. 1548OF 2023

¶460

PETITIONER/S:

¶461

SUSHAMA.B, AGED 58 YEARS, 13877848 (SERVICE WIDOW)'
W/O. LATE NK.MURALEEDHARAN.J., AGED 58, BILLING
CLERK/SALES PERSON, URC EXTN.COUNTER KOLLAM,
RESIDING AT 'ASHALAYAM', KALAKKODE P.O.,
HOOTHAKULLAM SOUTH PARAVOOR, KOLLAM -, PIN - 691302
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
ANUPAMA JOHNY
K.S.SUDHA

¶462

RESPONDENT/S:

¶463

`1`	`UNION OF INDIA`
	`REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,` `MINISTRY OF LABOUR AND EMPLOYMENT,GOVERNMENT OF INDIA,` `SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -, PIN -` `110119`
`2`	`THE SECRETARY TO THE GOVERNMENT` `MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI` `-, PIN - 110001`
`3`	`THE DEPUTY DIRECTOR GENERAL` `CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH` `(QMG) ARMY HEAD QUARTERS, NEW DELHI -, PIN - 110001`
`4`	`THE CHAIRMAN`
	`ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA`
	`P.O., PANGODU, THIRUVANANTHAPURAM -, PIN - 695006`
`5`	`THE STATION COMMANDER`
	`STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU,` `THIRUVANANTHAPURAM -, PIN - 695006`

¶464

¶465

¶466

6 THE MANAGER ESM UNIT RUN CANTEEN, KOLLAM - ., PIN - 691011

¶467

BY ADV SUVIN R MENON

¶468

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶469

¶470

¶471

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶472

PRESENT

¶473

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶474

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶475

WP(C) NO. 13827OF 2023

¶476

PETITIONER/S:

¶477

LOVELY.D.,AGED 52 YEARS, (SERVICE WIDOW) W/O. LATE
BIJU PAPPACHAN (EX.NAIK) HOUSE KEEPER (SAFAIWALA)
ESM URC KOLLAM, RESIDING AT JOSHIN DALE, VELLIMON
P.O., PERINADU, KOLLAM DISTRICT - ., PIN - 691511

¶478

BY ADVS.

¶479

K.C.SANTHOSHKUMAR, K.K.CHANDRALEKHA
ANUPAMA JOHNY, K.S.SUDHA
VISMAYA VENUGOPAL, KRISHNAPRIYA R.

¶480

RESPONDENT/S:

¶481

1UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -,
PIN - 110119
2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI
PIN - 110001
3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH
(QMG) ARMY HEAD QUARTERS, NEW DELHI -, PIN - 110001
4THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS,
THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM -, PIN -
695006
5THE STATION COMMANDER,STATION HEAD QUARTERS, THIRUMALA
P.O., PANGODU, THIRUVANANTHAPURAM -, PIN - 695006
6THE MANAGER, ESM UNIT RUN CANTEEN, KOLLAM., PIN -
691001
BY ADV MANU S. DSG OF INDIA

¶482

¶483

¶484

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶485

¶486

¶487

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶488

PRESENT

¶489

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶490

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO. 16984 OF 2023

¶491

PETITIONER/S:

¶492

HONY SUB MAJ SUBHASH B M (RETD), AGED 50 YEARS
S/O.LATE BHASKARAN P K WORKING AS BILLING CLERK,
STATION CANTEEN, ALAPPUZHA RESIDING AT
SREELAYA ,PUNNAPRA ALAPPUZHA ( MOB NO.
9496372800), PIN - 688004

¶493

BY ADVS.U.BALAGANGADHARAN R.PRADEEP KUMAR

¶494

RESPONDENT/S:

¶495

1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVT MINISTRY OF
LABOUR AND EMPLOYMENT GOVT OF INDIA, NEW DELHI -
110001, PIN - 110001

¶496

2 THE SECRETARY, MINISTRY OF DEFENCE GOVT OF INDIA, NEW DELHI, PIN - 110001

¶497

3 THE DIRECTOR GENERAL OF CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG), ARMY HEAD QUARTERS, NEW DELHI, PIN - 110001

¶498

4 THE CHAIRMAN ADM COMMANDANT STATION HEAD QUARTERS (ARMY) NAVAL BASE PO KOCHI, PIN - 682004

¶499

5 THE MANAGER STATION CANTEEN ZACHARIA BAZAR. BAZAR P.O. ALAPPUZHA, PIN - 688012

¶500

6 COL JOSEPH PURACKAL (RETD) MANAGER STATION CANTEEN ALAPPUZHA, PIN - 688001

¶501

7 EX SUB JAYAPRAKASH S ASST MANAGER STATION CANTEEN ALAPPUZHA, PIN - 688001

¶502

¶503

¶504

8THE STATION COMMANDER,STATION HQ (ARMY) PANGODE,
THIRUMALA POST THIRUVANANTHAPURAM, PIN - 695006

¶505

BY ADVS.
SUVIN R MENON
SANTHOSHKUMAR K.C
K.K.CHANDRALEKHA(K/26/1988)

¶506

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 04.03.2024 DELIVERED THE FOLLOWING:

¶507

¶508

¶509

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶510

PRESENT

¶511

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶512

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶513

WP(C) NO. 22466OF 2021

¶514

PETITIONER/S:

¶515

1HONY NB SUB MADHUSUDANAN K
AGED 51 YEARS
(RETD.), S/O.KRISHNAN, WORKING AS BILLING CLERK,
STATION CANTEEN, ALAPPUZHA, RESIDING AT AKASH
BHAWANAM, CHETTIKULANGARA P.O., ALAPPUZHA-690106.

¶516

2 HAV.ANILKUMAR K.G. (RETD.), AGED 51 YEARS

¶517

WORKING AS BILLING CLERK CUM DEMANDS CLERK CUM SERVER
CLERK, STATION CANTEEN, ALAPPUZHA, RESIDING AT
PARAMPILATHU HOUSE, EDANAD P.O., PUTHENCAVU,
CHENGANNUR-689123.

¶518

3 HAV. SUBHASH G. (RETD.), AGED 47 YEARS

¶519

WORKING AS BILLING CLERK CUM DEMANDS CLERK CUM SERVER CLERK, STATION CANTEEN, ALAPPUZHA, RESIDING AT ANCHIL HOUSE, ANANDESWARAM, THOTTAPPALLY P.O., ALAPPUZHA DISTRICT.

¶520

4HAV. GOPAKUMAR (RETD.),
AGED 44 YEARS
WORKING AS BILLING CLERK, STATION CANTEEN, ALAPPUZHA,
RESIDING AT KRISHNAMANDIRAM, KAITHA SOUTH,
MAVELIKKARA, ALAPPUZHA DISTRICT-690106.

¶521

5 SEP. SHAIJU S. NAR (RETD.), AGED 45 YEARS WORKING AS BILLING CLERK, STATION CANTEEN, ALAPPUZHA, RESIDING AT MANNARETHU HOUSE, CHERUKOLE P.O., MAVELIKKARA, ALAPPUZHA DISTRICT-690014.

¶522

6 SIJU A.S., AGED 47 YEARS WORKING AS BILLING CLERK, STATION CANTEEN, ALAPPUZHA, RESIDING AT PRANAVAM, KARUMADY P.O., ALAPPUZHA DISTRICT-688561.

¶523

¶524

¶525

7PUSHPA S. KUMAR,AGED 49 YEARS
WORKING AS SWEEPER, STATION CANTEEN, ALAPPUZHA,
RESIDING AT ARACKAL PARAMBIL HOUSE, NEDUMUDI P.O.,
ALAPPUZHA-688503.

¶526

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
BABU JOHN
ANUPAMA JOHNY
P.MAYA
K.S.SUDHA

¶527

RESPONDENT/S:

¶528

1UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT,
GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG,
NEW DELHI-110119.

¶529

2 THE SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI110001.

¶530

3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS, BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI-110001.

¶531

4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS (ARMY), NAVAL BASE P.O., KOCHI-682004.

¶532

5 THE STATION COMMANDER, STATION HEAD QUARTERS (ARMY), NAVAL BASE P.O., KOCHI-682004.

¶533

BY ADV Girish Kumar V, SRI SUVIN R MENON CGC

¶534

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶535

¶536

¶537

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶538

PRESENT

¶539

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶540

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶541

WP(C) NO. 23782 OF 2021

¶542

PETITIONER/S:

¶543

1N.K.SUNILKUMAR PILLAI(RETIRED),AGED 51 YEARS
S/O CHANDRAN PILLAI, SALES ASSISTANT AT STATION
CANTEEN, KOLLAM , RESIDING AT NAVAMI, VILAYIL VEEDU,
KOONAYIL, LPS, PARAVOOR, KOLLAM DISTRICT, NOW RESIDING
AT GOKULAM BEHIND MEKON SCHOOL, CHANDANATHOPPU,
KOTTAMKARA VILLAGE, KOLLAM DISTRICT -691 014.

¶544

2HV.BABUKUTTAN PILLAI, (RETIRED), S/O MADHAVAN, BILLING
CLERK CUM SALES PERSON, EX-SERVICEMEN CANTEEN,
KERALAPURAM, KOLLAM, RESIDING AT ARYALAYAM,
MYNAGAPALLY VILLAGE, MYNAGAPPALLY P.O.KOLLAM-690 519.

¶545

BY ADVS.K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA,BABU JOHN
ANUPAMA JOHNY,P.MAYA
K.S.SUDHA

¶546

RESPONDENT/S:

¶547

1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF
INDIA, SHRAM SHAKTI BHAWAN, RAFI MARGE, NEW DELHI-110
119.
2THE SECRETARY TO THE GOVERNMENT
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110 001.
3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS, BRANCH
(QMG) ARMY HEAD QUARTERS, NEW DELHI-110 001.
4THE CHAIRMAN
ADM COMMANDANT STATION HEAD QUARTERS, THIRUMALA
P.O.PANGODU, THIRUVANANTHAPURAM-695 006.

¶548

¶549

¶550

5THE STATION COMMANDER,
STATION HEAD QUARTERS, THIRUMALA P.O.PANGODU,
THIRUVANANTHAPURAM-695 006.

¶551

BY ADV SRI SUVIN R MENON, SMT.MINI GOPINATH, CGC

¶552

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024DELIVERED THE FOLLOWING:

¶553

¶554

¶555

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶556

PRESENT

¶557

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶558

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶559

WP(C) NO. 27386OF 2020

¶560

PETITIONER/S:

¶561

1EX. NK P.G.JOSE, AGED 55 YEARS
S/O.G.GEORGE, BILLING CLERK CUM SALES PERSON, UNIT RUN
CANTEEN (URC), KOTTARAKKARA, RESIDING AT PUNNOORATHU
HOUSE, THAYYAYIL P.O., PANDALAM THEKKEKARA VILLAGE,
PATHANAMTHITTA DISTRICT-691 525.

¶562

2BIJU.K.J.,AGED 48 YEARS
S/O.EX.HAV.K.S.JOHN, SERVER OPERATOR, UNIT RUN
CANTEEN (URC),MAVELIKKARA, RESIDING AT KUZHITHUNDIL
HOUSE, VADAKKUPURAM P.O., KONNI VILLAGE,
PATHANAMTHITTA DISTRICT-689 653.

¶563

3VIPIN KUMARKUTTY,AGED 44 YEARS
S/O.EX.SGT.C.T.KRISHNANKUTTY, ACCOUNTS CLERK, UNIT
RUN CANTEEN (URC), MAVELIKKARA, RESIDING AT
POOVANNUMPARA HOUSE, KOTTAMONPARA P.O., SEETHATHODE
VILLAGE, KONNY TALUK, PATHANAMTHITTA-689 563.

¶564

BY ADV M.M.DEEPA

¶565

RESPONDENT/S:

¶566

1UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT,
GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG,
NEW DELHI-110 119.

¶567

2THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-
110 001.

¶568

3THE DEPUTY DIRECTOR GENERAL,
CANTEEN SERVICES, QUARTER MASTER GENERALS, BRANCH
(QMG) ARMY HEAD QUARTERS, NEW DELHI-110 001.

¶569

4THE CHAIRMAN, ADM COMMANDANT,
STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU,

¶570

¶571

¶572

THIRUVANANTHAPURAM-695 006.

¶573

5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695 006.

¶574

BY ADV SRI.JAGADEESH LAKSHMAN, CGC

¶575

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶576

¶577

¶578

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶579

PRESENT

¶580

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶581

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶582

WP(C) NO. 25635OF 2023

¶583

PETITIONER/S:

¶584

M.I.MANOJ KUMAR, S/O MS PILLAI, MS BHAVAN, BHAGAVATHINADA (PO), BALARAMAPURAM, THIRUVANANTHAPURAM-, PIN - 695501

¶585

BY ADVS.R.SUNIL KUMAR, A.SALINI LAL
ADITYA DEV, NIKITHA SURESH

¶586

RESPONDENT/S:

¶587

1 UNION OF INDIA, REPRESENTED BY, SECRETARY MINISTRY OF DEFENSE, NEW DELHI, PIN - 110011

¶588

2 QUARTERMASTER GENERAL, Q MG BRANCH, GENERAL CANTEEN SERVICES, ARMY HEADQUARTERS, L-1, BLOCK NUMBER 16, CHURCH ROAD, NEW DELHI -, PIN - 110011

¶589

3 DIRECTOR, CANTEEN SERVICE DIRECTORATE, WING -III, WEST BLOCK 3, RK PURAM, NEW DELHI - ., PIN - 110066

¶590

4 STATION COMMANDER, STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM, PIN - 695006

¶591

5 CHAIRMAN UNIT RUN CANTEEN, NCC DIRECTORATE (K&L), COTTON HILL BUNGALOW, THIRUVANANTHAPURAM-, PIN - 695014

¶592

6 ADDL. DIRECTOR GENERAL NCC DIRECTORATE (K&L) COTTON HILL BUNGALOW, THIRUVANANTHAPURAM-, PIN - 695014 BY ADV SUVIN R MENON, N.S.DAYA SINDHU SHREE HARI

¶593

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:
:

¶594

¶595

¶596

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶597

PRESENT

¶598

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶599

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶600

WP(C) NO. 25814 OF 2023

¶601

PETITIONER/S:

¶602

1B UNNIKRISHNAN NAIR,AGED 50 YEARS
(SUB MAJ (HONY CAPT(RETD), S/O M BHASKARAN NAIR
BHASKARA VILASOM, SNRA 10, KERALADITHYAPURAM,
POWDIKONAM, THIRUVANANTHAPURAM-, PIN - 695588

¶603

2 S ANIL KUMAR (EX-HAV), AGED 47 YEARS S/O SUKUMARAN NAIR ANIL BHAVAN, KAROOR, POTHENCODE, THIRUVANANTHAPURAM-, PIN - 695584

¶604

3 M SHAJI NK(RETD),AGED 50 YEARS S/O MADHAVAN NAIR INDIRA BHAVAN, THALAYAL, ARALAMOODU P.O. THIRUVANANTHAPURAM-, PIN - 695123 BY ADVS.R.SUNIL KUMAR A.SALINI LAL,NIKITHA SURESH, ADITYA DEV

¶605

RESPONDENT/S:

¶606

1 UNION OF INDIA,REPRESENTED BY, SECRETARY MINISTRY OF DEFENSE, NEW DELHI-, PIN - 110011

¶607

2 QUARTERMASTER GENERAL Q MG BRANCH, GENERAL CANTEEN SERVICES, ARMY HEADQUARTERS, L-1, BLOCK NUMBER 16, CHURCH ROAD NEW DELHI -, PIN - 110011

¶608

3 DIRECTOR, CANTEEN SERVICE DIRECTORATE, WING -III, WEST BLOCK 3, RK PURAM, NEW DELHI - PIN - 110066

¶609

4 STATION COMMANDER,STATION HEAD QUARTERS, PANGODE, THIRUVANANTHAPURAM, PIN - 695006

¶610

5 CHAIRMAN UNIT RUN CANTEEN,NCC DIRECTORATE (K&L), COTTON HILL BUNGALOW, THIRUVANANTHAPURAM- ., PIN - 695014

¶611

¶612

¶613

6ADDL. DIRECTOR GENERAL NCC DIRECTORATE (K&L)
COTTON HILL BUNGALOW, THIRUVANANTHAPURAM- ., PIN -
695014

¶614

BY ADV K.S.PRENJITH KUMAR

¶615

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

¶616

¶617

¶618

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶619

PRESENT

¶620

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶621

MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

¶622

WP(C) NO. 17289OF 2023

¶623

PETITIONER/S:

¶624

LAC VINOB.T.J. (RETIRED), AGED 48 YEARS
S/O. T.A.JOSEPH, WORKING AS BILLING CLERK,
STATION CANTEEN, ALAPPUZHA, RESIDING AT
THOTTUVELIL HOUSE, PANDY P.O., ALAPPUZHA
DISTRICT -, PIN - 690517

¶625

BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA

¶626

RESPONDENT/S:

¶627

1 UNION OF INDIA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -, PIN - 110119

¶628

2 THE SECRETARY TO THE GOVERNMENT MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI -, PIN - 110001

¶629

3 THE DEPUTY DIRECTOR GENERAL CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI, PIN - 110001

¶630

4 THE CHAIRMAN ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM, PIN - 695006

¶631

5 THE STATION COMMANDER, STATION HEAD QUARTERS (ARMY), NAVAL BASE.P.O., KOCHI, PIN - 682004

¶632

¶633

¶634

6 THE MANAGER ESM UNIT RUN CANTEEN, ALAPPUZHA, PIN - 688001

¶635

BY ADV VISHNU JAYAPALAN

¶636

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
1.2.2024, ALONG WITH WP(C).2517/2020 AND CONNECTED CASES AND
CONNECTED CASES, THE COURT ON 4.3.2024 DELIVERED THE FOLLOWING:

C R

JUDGMENT

[WP(C) Nos.2517/2020, 25202/2020, 25209/2020, 25213/2020,
26222/2020, 27478/2022, 27795/2021, 29919/2021, 30508/2021,
30564/2021, 30652/2021, 30668/2021, 30679/2021,
7461/2022, 29383/2022, 35026/2022, 35173/2022,
35231/2022, 35246/2022, 453/2023, 456/2023, 1548/2023,
13827/2023, 16984/2023, 22466/2021, 23782/2021,
27386/2020, 25635/2023, 25814/2023 and 17289/2023]

¶642

( Dated: this the 4^th day of March, 2024)

¶643

In W.P.(C)No.25209 of 2020, the petitioners are employees of Unit Run Canteens (hereinafter referred to as ‘URC’) working at Mavelikkara extension counter functioning under the administrative control of Army Station Head Quarters, Pangode, Thiruvananthapuram. The URCs are run by the Canteen Stores Department (hereinafter referred to as ‘CSD’), is governed by the Board of Control of Canteen Services (BOCCS), is headed by the Minister of Defence and has members like the Defence Secretary, Secretary of Defence (Finance), the Quarter Master General (QMG). The present form of canteen came into existence in 1947 and the funds for CSD were met from the consolidated fund of India to purchase goods for the trade. Petitioners are either Ex-servicemen or dependent on Ex-Servicemen. They joined the canteens on the basis of a Standard Operating Procedure (SOP) issued by the respondents. After a period of probation, the petitioners will be treated as permanent/temporary employees.

¶644

The petitioners submit that the respondents are trying to remove

¶645

the petitioners from their office, and they are to be replaced by contractual employees. Aggrieved by the same, the petitioners have filed this writ petition.

¶646

The connected cases are W.P.(C)Nos. 25202, 25209, 25213, 2517, 26222,

¶647

27386/2020, 22466, 23782, 27795, 29919, 30508, 30564, 30652, 30668,

¶648

30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453,

¶649

¶650

¶651

456, 13827, 17289/23, in which the petitioners also have the same grievance

¶652

and they are working at different extension counters, and the respondents are

¶653

the identical persons. Except the above cases, W.P.(C)Nos. 1548 of 2023, 25814

¶654

of 2023, 25635 of 2023 and 16984/2023, the petitioners have different prayers.

¶655

In W.P.(C)No.16984 of 2023, the petitioners sought the following prayers:

¶656

A. Issue writ in the nature of mandamus commanding 5th respondent to assign duties and responsibility of Asst Manager to the petitioner forthwith

¶657

B. Issue writ in the nature of mandamus commanding 5th respondent to relieve 7th respondent from the duties and responsibilities of Asst Manager forthwith

¶658

C. Issue writ in the nature of mandamus commanding 4 respondent to institute an inquiry against 6th and 7th respondent on the Exhibit P5 complaint lodged by the petitioner

¶659

D. Declare that applicant being appointed as Asst Manager is entitled to assigned with duties and responsibilities attached to the post of Asst Manager

¶660

E. Such other relief that the Hon'ble Court feel deem fit in the facts and circumstances of the case.

¶661

In W.P.(C) No.1548 of 2023, 25814 of 2023 and 25635 of 2023, the petitioners

¶662

challenge the termination and seek direction for reinstatement in service.

¶663

A counter affidavit is filed by the respondents. The 1^st and foremost

¶664

contention raised is that the writ petition is not maintainable as the Unit Run

¶665

Canteens does not come under the definition of State. Three vital aspects and

¶666

tests to determine whether an organization - institution, or body comes under

¶667

the definition of other authorities are; i) Creation , ii) Finance, and iii) Contr ol. As

¶668

¶669

¶670

far as the first test is concerned, that is, creation , URCs are established in terms

¶671

of provisions laid down in AO/19/2003/QMG. The canteen services directorate grants sanction to a unit to operate the URCs on the basis of recommendation of higher formation/CSD head office. The URCs are given sanctions on the basis of certain basic criteria. The creation of a unit run canteen arises out of the need for defense personnel posted in a particular unit /formation and not by any Act but by an order from the Quarter Master General branch of the Army. It is not

¶672

the creation of the constitution or parliament or a State Legislature. AO/19/2003/QMG is an Army order and not a notification nor does it carry any statutory validity. Thus, it is not a State, coming under Article 12 of the Constitution of India, and therefore, the writ petition is not maintainable against the Unit Run Canteen.

¶673

As regards 2^nd test finance , the URCs depend on regimental nonpublic funds for financial support. The regimental non-public funds are created through contributions from the defence personnel. URCs are not funded by the Government /Public funds or from the consolidated fund of India. URCs do not receive any direct pecuniary benefit from the Government of India, nor do the CSDs under any obligation to grant any financial assistance to URCs. Loans granted by CSDs to URCs are also repaid in full along with interest at 4% for the

¶674

¶675

¶676

1^st loan and 6% for the 2^nd loan for a maximum period of five years. There is no direct or indirect funding from any Government authority. Ext.R5(b) is a letter issued by the Ministry of Defence to the Chief of Army Staff, explaining the statutes of the Unit Run Canteen and their employees. It specifically states that CSD is a department under the Ministry of Defence, all its employees are Government employees. The funds of the department form part of the Consolidated Fund of India, but the unit canteens like the Army Head Quarters canteen are private undertakings of the unit concerned; their funds are nongovernment funds. CSD has no administrative control over the unit canteens or the personnel who are employed by the units under various terms and conditions mutually settled between the units and the employees, they are not Government servants, and therefore, the Ministry has no control over their service conditions and has no jurisdiction over the service conditions of such employees. Thus, there is no direct financial obligation by the State.

¶677

With regard to the 3^rd test, control is concerned, URCs are managed

¶678

through a Standard Operating Procedure (SOP), formulated by the URC management committee. The staff members are employed as per qualitative requirements formulated by the URC management. The procurement of stores/goods for the URCs can be done only from a CSD depot by making

¶679

¶680

¶681

advance payment from their non-public (regimental) funds and the profits of URCs are distributed, utilised as regimental funds by the unit/formations, for the welfare activities of troops and their families after meeting the operational /running expenses of URCs.

¶682

Ext.R5(c) is another letter issued by the Deputy Dte., General Canteen Services, Army Headquarters, New Delhi, to all the headquarters of the Command. It specifically points out that all URCs are private undertakings of the unit, and their funds are non-governmental funds. The directorate or the CSD headquarters has no administrative control over the civilian employees of the URC, as they are employed under certain terms and conditions mutually settled between the unit and the employee. The URCs are covered under the Shops and Establishment Act of various States in which URCs are located. In view of the above, any representations concerning the employees’, URCs should not be referred to the directorate. At no stage of engagement does the staff of URCs translate into a permanent employee in the URCs. The individuals signed separate agreements for their engagement as staff URCs, and they are not given permanent employee status. The competent authority is permitted to amend/alter, and issue clarifications regarding the service conditions of the

¶683

¶684

¶685

employees of the URC. It is the issue that confers the welfare of the organisation

¶686

and protects the interest of the organisation.

¶687

The competent authorities are very well authorised to decide upon

¶688

the tenure of a contract to be entered into with the person who is engaged purely on a contract basis. The petitioners are contractual employees of the exservicemen unit run canteens, and their function is under the administrative control of station headquarters at Thiruvananthapuram. The S.O.P. regarding the functioning of station canteen Thiruvananthapuram, ESM URC - Pathanamthitta, Kollam, Mavelikara, and Kottarakara, under the administration team control of station headquarters, Thiruvananthapuram are issued by the station headquarters, Thiruvananthapuram. The amendments are carried out by the station headquarters in Thiruvananthapuram by letter dated 20.05.2019, which mandate that all contractual employees, including the Manager and Assistant Manager, will be initially employed for 11 months and can be re-hired for 11 more months without conducting of interview. Therefore, prayed for dismissal of the writ petition.

¶689

Since respondents have raised the contention that the primary question that requires to be considered is whether the Unit Run Canteen is under the State Government coming within the ambit of Article 12 of the

¶690

¶691

¶692

Constitution of India or authority and whether the writ petition under Article

¶693

226 of the Constitution of India is maintainable before this Court against the Unit

¶694

Run Canteen. The said question has to be decided first.

¶695

In the decision reported in Sombir Singh v. Union of India, (2014 SCC

¶696

OnLine Del 2769) , the High Court of Delhi held that,

¶697

2. At the outset a preliminary objection is raised to the maintainability of the petition by learned counsel for the Respondents who contends that in terms of the judgment of the Hon'ble Supreme Court in Civil Appeal No. 3495/2005, R.R. Pillai (dead) through LRs v. Commanding Officer, HQ S.A.C.(U) wherein it was held that the employees of ‘Unit Run Canteens’ are not Government employees, the present petition cannot be entertained. 3. It may be noted that the aforesaid judgment of the Supreme Court was given on a reference to a three Judge Bench doubting the correctness of the earlier view of the Supreme Court in Union of India v. Mohd. Aslam, (2001) 1 SCC 720. Paras 10 and 11 of the said judgment which are relevant are reproduced hereunder:-

¶698

“10. The question whether the URC can be treated as an instrumentality of the State does not fall for consideration as that aspect has not been considered by CAT or the High Court. Apparently, on that score alone we could have dismissed the appeal. But we find that the High Court placed reliance on Rule 24 to deny the effect of the appointment. From Rule 4 read with Rule 2 it is clear classification that all employees are first on probation and they shall be treated as temporary employees. After completion of five years they might be declared as permanent employees. They do not get the status of the Government employees at any stage. In Aslam’s case (supra) CAT’s order was passed in 1995. By that time 1999 Rules were not in existence and 1984 rules were operative.

¶699

11. It is to be noted that financial assistance is given, but interest and penal interest are charged. The URCs can also borrow from financial institutions. The reference is answered by holding that employees of URCs are not government servants. ”

¶700

4. Subsequently a learned Single Judge of this Court (Hon’ble Mr. Justice A.K. Sikri as his Lordship then was) in the case of Layak Ram v. Quarter Master General, 1999 (81) DLT 395 has similarly held that employees of canteens in Army Headquarters cannot file a writ petition and such employees are not employees of a State within the meaning of Article 12 of the Constitution. Paras 9 and 10 of the said judgment which are relevant are reproduced hereunder:-

¶701

“9. The Judgment of Punjab & Haryana High Court referred to above deals with the case of employees of the same job of Army canteen and the High Court has held that this canteen is not instrumentality of the State on almost identical facts. Therefore, this Judgement is squarely applicable to the facts of this case. The cases which are decided by the Central Administrative Tribunal as noted above again

¶702

¶703

¶704

deal with the cases of canteen workers of Army Headquarter canteens are in all these cases, it is held that employees of such canteens are not Central Government servants and, therefore, the Tribunal has no jurisdiction to deal with these cases. However, these may not have direct bearing on the question involved in this case namely; whether the canteen is ‘State’ or ‘other authority’ within the meaning of Article 12 of the Constitution of India. It is well established law that employees of a particular body may not be civil servants under Article 311 of the Constitution of India but body may still be “another authority” within the meaning of Article 12 of the Constitution. The case of Union of India v. Chottey Lal A.I.R. 1999 SC 396 also deals with the jurisdiction of Central Administrative Tribunal and it is held in the case of Dhobis (washerman) to wash clothes of cadets in National defence Academy are not holders of civil post and therefore, the Central Administrative Tribunal has no jurisdiction to go into the conditions of service of such Dhobis. 10. It may be mentioned that Judgment of Madras High Court in the case of Babian v. Lt. Col. 1994 Lab.I.C. 245 on which petitioner relied also helds that such canteens are not covered by Article 12 of the Constitution. Therefore, I held that the respondent canteen is not ‘state’ or ‘other authority’ within the meaning of Article 12 of the Constitution.”

¶705

5. Recently in the case of Rajesh Tiwari v. Union of India, W.P(C) No. 2768/2011 decided on 10th September, 2013 it has been reiterated that the CSD Canteen is not a State or an instrumentality of State for a writ to be maintainable under Article 226 of the Constitution of India.

¶706

6. In view of the aforesaid settled position of law, we are inclined to uphold the preliminary objection raised by the Respondents.

¶707

7. Resultantly, the present writ petition is liable to be dismissed and is accordingly dismissed.

¶708

In the decision reported in Layak Ram v. Quarter Master General,

¶709

(1999 SCC OnLine Del 531 ), it was held by the High Court of Delhi that,

¶710

6. The principal question to be decided in this case is whether the present writ petition is maintainable against the respondents.

¶711

7. It can safely be inferred that the canteen is not a “State” or other authority within the meaning of Art. 12 of the Constitution of India. The averments made by the respondent in the counter-affidavit in this respect are not refuted by the petitioner in the counter-affidavit. Admittedly the canteen is not the creation of any Statute Act, or legislation. The Ministry of Defence or Quarter Master General has nothing to do with the canteen or its employees. There is nothing on record to show that any funds are provided by the Government. There is no evidence of any control such as deep pervasive control of the Government in the running of the canteen. As stated by the respondent in the counter-affidavit canteen is private establishment to provide grocery items on cheaper rates as a welfare measure to armed forces personnel and ex-servicemen. Nominal profits

¶712

¶713

¶714

are charged on sales and salaries, etc., to employees employed by the canteen and are paid out of these nominal profits.

¶715

9. The judgment of Punjab and Haryana High Court referred to above deals with the case of employee of the same job of army canteen and the High Court has held that this canteen is not instrumentality of the State on almost identical facts. Therefore, this judgment is sequarely applicable to the facts of this case. The cases which are decided by the Central Administrative Tribunal as noted above again deal with the cases of canteen workers of Army Headquarter canteens and in all these cases, it is held that employees of such canteens are not Central Government servants and, therefore, the Tribunal has no jurisdiction to deal with these cases. However, these may not have direct bearing on the question involved in this case namely; whether the canteen is “State” or “other Authority” within the meaning of Art. 12 of the Constitution of India. It is well established law that employees of a particular body may not be civil servants under Art. 311 of the Constitution of India but body may still be “another authority” within the meaning of Art. 12 of the Constitution. The case of Union of India v. Chotelal [1999 (1) L.L.N. 685] (vide supra), also deals with the jurisdiction of Central Administrative Tribunal and it is held in the case of Dhobis (washermen) to wash clothes of cadets in National Defence Academy are not holders of civil post and therefore, the Central Administrative Tribunal has no jurisdiction to go into the conditions of service of such Dhobis.

¶716

10 . It may be mentioned that judgment of Madras High Court in the case of Babian v. Lt. Col. (Officiating Col.) Q Branch, H.Q., Tamil Nadu and Kerala, Sub-Area, Madras [1994 (1) L.L.N. 68] (vide supra), on which petitioner relied also holds that such canteens are not covered by Article 12 of the Constitution. Therefore, I hold that the respondent canteen is not “State” or “other Authority” within the meaning of Art. 12 of the Constitution.

¶717

Xxx xxxx xxx

¶718

Xxxx xxx xxx

¶719

13. Our High Court also has in various cases particularly relating to casual labourers, taken the view that appropriate course for such persons would be to raise industrial dispute under the provisions of Industrial Disputes Act. It would be sufficient to quote recent judgment of this Court (delivered by K. Ramamoorthy, J.) in C.W. No. 5066 of 1999 entitled Modern Food Industries Employees’; Union v. Modern Food Industries [1999 (3) L.L.N. 1011], decided on 18 May 1999. In the said case after considering the entire case-law on the issue the Hon’ble Judge held that writ petition was not maintainable and the petitioner was given liberty to raise industrial dispute. It may be sufficient to state that in the following cases this Court has taken the same view:

¶720

(1) D.P. Singh v. Engineering Project India, Ltd. [1995 A.D. Delhi 478]. (2) Chet Ram v. Union of India [1998 (4) L.L.N. 583].

¶721

14. In view of my aforesaid discussion i hold that the present writ petition is not maintainable and the same is accordingly dismissed.

¶722

¶723

¶724

However, liberty is granted to the petitioner to raise industrial dispute, if so advised. No order as to costs. Writ petition dismissed.

¶725

In the decision reported in M.G. Karuppaiah v. Canteen

¶726

Officer (AQMG) Headquarters, (1998 SCC OnLine Kar 495), the High Court

¶727

of Karnataka held that,

¶728

4. The primary question that requires to be considered and decided is whether the respondent-canteen is a “State” coming within the ambit of Art. 12 of the Constitution or “other authority” as envisaged under Art. 226 of the Constitution and whether the respondent-canteen is amenable to writ jurisdiction of this Court? Normally, the discussion would begin in such matters from Ajay Hasia case [1981 (2) L.L.N. 613] (vide supra). Constitution Bench of the Supreme Court while considering the question as to whether a society registered under the Societies Registration Act could be a State within the meaning of Art. 12 has culled out six tests from an earlier decision in Ramana Dayaram Shetty v. International Airport Authority of India [1981 (1) L.L.N. 270]. XXXXX

¶729

5. In Chander Mohan Khanna case [1992 (1) L.L.N. 16] (vide supra), the Apex Court while considering the question as to whether National Council of Educational Research and Training is a State as defined under Art. 12 of the Constitution was pleased to lay down certain principles to determine whether a body is an instrumentality or agency of the Government. The Court was pleased to observe, in Paras. 2 and 3, at pages 17 and 18:

¶730

“2. There are only general principles but not exhaustive tests to determine whether a body is an instrumentality or agency of the Government. Even in general principles, there is no cut and dried formula which would provide correct division of bodies into those which are instrumentalities or agencies of the Government and those which are not XXXXX

¶731

11. xxxx The object of the canteen is to provide canteen facilities only to Army Personnel not to the public at large. The unit is required to employ its own personnel for running its establishment and running of it also by its own funds or borrow money required through its own resources. Now applying the tests laid down in Ajay Hasia case [1981 (2) L.L.N. 613] (vide supra), and other decisions noticed above, it is not at all possible to hold that respondent-canteen can be termed as the instrumentality of the State, so as to bring it within the term “other authority” under Art. 12 of the Constitution.

¶732

¶733

¶734

14. In the result, petition deserves to be dismissed. Accordingly, it is dismissed as respondent-canteen is not amenable to writ jurisdiction. In the facts and circumstances of the case, parties are directed to bear their own costs. Ordered accordingly.

¶735

12. In the decision reported in Sarasamma v. Union of India, (1995 SCC

¶736

OnLine P&H 1139 ), the High court of Punjab and Haryana held that,

¶737

8. The canteen is not created by or under a statute. There is no law or statutory provision governing its affairs. There is nothing on record to show that any funds are provided by the Government. Still further, there is no evidence of any control much less than of a pervasive control of the Government in the running of the canteen. It is true that the canteen stores department has issued a registration number to the respondent. It is also true that the department supplies various articles as required by the canteen. This is, however, no evidence of control by the Government. The registration number is allotted only for the purpose of regulating the supply of goods which in the very nature of things, is a purely commercial transaction. Furthermore, even the accounts of the canteen are not audited by any agency of the Government There is no control are regulation regarding the appointed of personnel. Taking the totality of circumstances into consideration, it cannot be said that the tests enunciated by their Lordships of the Supreme Court in Ajay Hasia case are fulfilled.

¶738

9. Accordingly, it is held that the respondent - canteen is not an instrumentality of the State. The first question is, thus, answered in the negative.

¶739

13. In the decision reported in Babian v. Lt. Col. (Officiating. Col.) Q Branch

¶740

H.Q., (1993 SCC 10) , the High Court of Madras held that,

¶741

The next question to be considered is if the C.S.D. Canteen is not a State coming under Art. 12 of the Constitution of India, whether it will come under the expression “any person or authority” under Art. 226 of the Constitution of India. Undoubtedly, a power is vested in the Court to issue a writ against a private body or even an individual. It has been held so by Krishna Iyer, J. in Rohtas Industries, Ltd. v. Rohtas Industries Staff Union [1976 — I L.L.N. 165], as follows in Para 10, at page 169:

¶742

“… The expansive and extraordinary power of the High Courts under Art. 226 is as wide as the amplitude of the language used indicates and so can affect any person — even a private individual — and be available for any (other) purpose, even one for which another remedy may exist.

¶743

¶744

¶745

The amendment to Art. 226 in 1963, inserting Art. 226 (1A) reiterates the targets of the writ power as inclusive of any person by the expressive reference to ‘the residence of such person.’ But it is one thing to affirm the jurisdiction, another to authorise its free exercise like a bull in a China shop. This Court has spelt out wise and clear restraints on the use of this extraordinary remedy and High Courts will not go beyond those wholesome inhibitions except where the monstrosity of the situation or other exceptional circumstances cry for timely judicial interdict or mandate. The mentor of law is justice and potent drug should be judiciously administered. Speaking in critical retrospect and portentous prospect, the writ power has, by and large, been the people’s sentinel on the qui vive and to cut back on or liquidate that power may cast a peril to human rights …”

¶746

The Supreme Court in Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvama Jayanti Mahotsav Smarak Trust v. V.R. Rudarni [1989 — II L.L.N. 281], has held as follows in Paras. 20 and 22, at pages 287 and 288:

¶747

“20. …The term ‘authority’ used in Art. 226, in the context, must receive a liberal meaning unlike the term in Art. 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under Art. 32. Article 226 confers power on the High Courts to issue writs for enforcement of the fundamental rights as well as non-fundamental rights.

¶748

22. …The judicial control over the fast expanding maze of bodies affecting the rights of the people should not be put into watertight compartment. It should remain flexible to meet the requirements of variable circumstances …”

¶749

In the decision reported in Santha Nair v. Union of India, (2019

¶750

SCC OnLine MP 1899) , the High Court of Madya Pradesh held that,

¶751

11. From the above finding rendered by the Apex Court the case of Chotelal (supra) it is obvious that the petitioner also does not hold any civil post and neither is discharging duties in connection with affairs of the State. More so, the institution (Canteen run by BSF) also is not State or it’s instrumentality u/Art. 12 of the Constitution due to absence of deep and pervasive control of the BSF over the canteen. Mere fact of the accounts of the Canteen being audited by BSF personnel or certain activities being supervised does not reveal financial, administrative or disciplinary control to the extent of assuming the characteristic of instrumentality of State to become amenable to writ jurisdiction of this Court u/Art. 226 of the Constitution.

¶752

12. Consequently, the preliminary objection raised by the Union of India is upheld and the petition stands dismissed with liberty to the petitioner to avail the remedy under the industrial law or civil court as the case may be.

¶753

¶754

¶755

In Ajay Hasia and others v. Khalid Mujib Sehravardi and others [(1981)

¶756

1 SCC 722] , relying on the earlier judgment of the Supreme Court in Ramanna

¶757

Dayaram Shetty v. The International Airport Authority of India and Others [(1979)

¶758

3 SCC 489] have culled out six tests, and they are as follows:

¶759

“( 1 ) One thing is clear that if the entire share capital of the corporation is held by Government, it would go a long way towards indicating that the corporation is an instrumentality or agency of Government. (SCC p. 507, para 14)

¶760

( 2 ) Where the financial assistance of the State is so much as to meet almost entire expenditure of the corporation, it would afford some indication of the corporation being impregnated with Governmental character. (SCC p. 508, para 15)

¶761

( 3 ) It may also be a relevant factor ... whether the corporation enjoys monopoly status which is State conferred or State protected. (SCC p. 508, para 15)

¶762

( 4 ) Existence of deep and pervasive State control may afford an indication that the corporation is a State agency or instrumentality. (SCC p. 508, para 15)

¶763

( 5 ) If the functions of the corporation are of public importance and closely related to Governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of Government. (SCC p. 509, para 16)

¶764

( 6 ) ‘Specifically, if a department of Government is transferred to a corporation, it would be a strong factor supportive of this inference’ of the corporation being an instrumentality or agency of Government.” (SCC p. 510, para 18)

¶765

However, the above-mentioned test is not exhaustive. Each case has to be

¶766

separately dealt with in order to get the answer as to whether the body comes

¶767

under the instrumentalities or agencies of Government. The creation, finance,

¶768

and control are a few factors that have to be taken to decide the issue of whether

¶769

the body is a State or not.

¶770

¶771

¶772

16. In Zee Telefilms Ltd. And Others v. Union of India (UOI) and Others

¶773

(2005) 4 SCC 649, the Hon’ble Apex Court had occasion to consider the question

¶774

of whether the Board of Control for Cricket of India will come within the definition of the State as contemplated under Article 12 of the Constitution of India. A five Bench Judge of the Apex Court considered all the earlier judgments regarding the inclusion of establishment under other authorities. When we apply the test to the facts of the present case, it can be seen that the Unit Run Canteens are not created under any statute or by the parliament or by the legislature; they are created by executive orders, and all the individuals are private individuals. There is no control over administration by the Central Government.

¶775

Relevant portions of the judgment in Zee Telefilms Ltd (supra) are

¶776

extracted below:

¶777

Article 12

¶778

65. Before adverting to the core issues at some length we may take a look at Article 12 of the Constitution which reads as under:

¶779

“12. In this part, unless the context otherwise requires, ‘the State’ includes the Government and Parliament of India and the Government and the legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

¶780

66. In this article, “State” has not been defined. It is merely an inclusive definition. It includes all other authorities within the territory of India or under the control of the Government of India. It does not say that such other authorities must be under the control of the Government of India. The word “or” is disjunctive and not conjunctive.

¶781

¶782

¶783

67. The expression “authority” has a definite connotation. It has different dimensions and, thus, must receive a liberal interpretation. To arrive at a conclusion, as to which “other authorities” could come within the purview of Article 12, we may notice the meaning of the word “authority”.

¶784

68. The words “other authorities” contained in Article 12 are not to be treated as ejusdem generis.

¶785

69. In Concise Oxford English Dictionary, 10th Edn., the word “authority” has been defined as under:

¶786

“1. the power or right to give orders and enforce obedience. 2. a person or organisation exerting control in a particular political or administrative sphere. 3. the power to influence others based on recognised knowledge or expertise.”

¶787

70. Broadly, there are three different concepts which exist for determining the questions which fall within the expression “other authorities”:

¶788

(i) The corporations and the societies created by the State for carrying on its trading activities in terms of Article 298 of the Constitution wherefor the capital, infrastructure, initial investment and financial aid, etc. are provided by the State and it also exercises regulation and control thereover.

¶789

(ii) Bodies created for research and other developmental works which are otherwise governmental functions but may or may not be a part of the sovereign function.

¶790

(iii) A private body is allowed to discharge public duty or positive obligation of public nature and furthermore is allowed to perform regulatory and controlling functions and activities which were otherwise the job of the Government.

¶791

71. There cannot be same standard or yardstick for judging different bodies for the purpose of ascertaining as to whether any of them fulfils the requirements of law therefor or not.

¶792

72. In Pradeep Kumar Biswas [(2002) 5 SCC 111 : 2002 SCC (L&S) 633] a seven-Judge Bench held: (SCC p. 123, para 6)

¶793

“6. That an ‘inclusive’ definition is generally not exhaustive is a statement of the obvious and as far as Article 12 is concerned, has been so held by this Court (Ujjam Bai v. State of U.P. [(1963) 1 SCR 778 : AIR 1962 SC 1621] , SCR at p. 968). The words ‘State’ and ‘authority’ used in Article 12 therefore remain, to use the words of Cardozo (Benjamin Cardozo: The Nature of the Judicial Process), among ‘the great generalities of the Constitution’ the content of which has been and continues to be supplied by courts from time to time.” (See also Black Diamond Beverages v. CTO [(1998) 1 SCC 458] .)

¶794

73. What is necessary is to notice the functions of the body concerned. A “State” has different meanings in different contexts. In a traditional sense, it can be a body politic but in modern international practice, a State is an organisation which receives the general recognition accorded to it by the existing group of other States. The Union of India recognises the Board as its representative. The expression “other authorities” in Article 12 of the

¶795

¶796

¶797

Constitution is “State” within the territory of India as contradistinguished from a State within the control of the Government of India. The concept of State under Article 12 is in relation to the fundamental rights guaranteed by Part III of the Constitution and the directive principles of State policy contained in Part IV thereof. The contents of these two parts manifest that Article 12 is not confined to its ordinary or constitutional sense of an independent or sovereign meaning, so as to include within its fold whatever comes within the purview thereof so as to instil public confidence in it.

¶798

74. The feature that the Board has been allowed to exercise the powers enabling it to trespass across the fundamental rights of a citizen is of great significance. In terms of the Memorandum of Association even the States are required to approach the Board for its direction. If the Constitution Bench judgment of this Court in Sukhdev Singh v. Bhagatram Sardar Singh [(1975) 1 SCC 421 : 1975 SCC (L&S) 101 : (1975) 3 SCR 619] and development of law made therefrom is to be given full effect, it is not only the functions of the Government alone which would enable a body to become a State but also when a body performs governmental functions or quasi-governmental functions as also when its business is of public importance and is fundamental for the life of the people. For the said purpose, we must notice that this Court in expanding the definition of State did not advisedly confine itself to the debates of the Constitutional Assembly. It considered each case on its own merit. In Sukhdev Singh [(1975) 1 SCC 421 : 1975 SCC (L&S) 101 : (1975) 3 SCR 619] Mathew, J. stated that even big industrial houses and big trade unions would come in the purview thereof. While doing so the courts did not lose sight of the difference between State activity and individual activity. This Court took into consideration the fact that new rights in the citizens have been created and if any such right is violated, they must have access to justice which is a human right. No doubt, there is an ongoing debate as regards the effect of globalisation and/or opening up of market by reason of liberalisation policy of the Government as to whether the notion of sovereignty of the State is being thereby eroded or not but we are not concerned with the said question in this case. “Other authorities”, inter alia, would be there which inter alia function within the territory of India and the same need not necessarily be the Government of India, Parliament of India, the Government of each of the States which constitute the Union of India or the legislatures of the States.

¶799

75. Article 12 must receive a purposive interpretation as by reason of Part III of the Constitution a charter of liberties against oppression and arbitrariness of all kinds of repositories of power has been conferred — the object being to limit and control power wherever it is found. A body exercising significant functions of public importance would be an authority in respect of these functions. In those respects it would be same as is executive government established under the Constitution and the establishments of organisations funded or controlled by the Government. A traffic constable remains an authority even if his salary is paid from the parking charges

¶800

¶801

¶802

inasmuch as he still would have the right to control the traffic and anybody violating the traffic rules may be prosecuted at his instance.

¶803

76. It is not that every body or association which is regulated in its private functions becomes a “State”. What matters is the quality and character of functions discharged by the body and the State control flowing therefrom.

¶804

77. In Daniel Lee [276 F 3d 550] it was held:

¶805

“The OAC's functionally exclusive regulation of free speech within … a public forum, is a traditional and exclusive function of the State.”

¶806

Development of law

¶807

78. The development of law in this field is well known. At one point of time, companies, societies, etc. registered under the Companies Act and the Societies Registration Act were treated as separate corporate entities being governed by their own rules and regulations and, thus, held not to be “State” although they were virtually run as departments of the Government; but the situation has completely changed. Statutory authorities and local bodies were held to be State in Rajasthan SEB v. Mohan Lal [(1967) 3 SCR 377 : AIR 1967 SC 1857] .

¶808

79. This Court, however, did not stop there and newer and newer principles were evolved as a result whereof different categories of bodies came to be held as State.

¶809

Merely because the Unit Run Canteens works under the CSD and

¶810

the CSD are founded by the consolidated fund of India, it cannot be said that the

¶811

Unit Run Canteens is directly controlled and financed by the Government of India, they have an independent stand and are working on separate SOPs, issued

¶812

from time to time. Ext.R5(1)(b) and (c) filed along with the counter affidavit makes amply clear that there is a procedure for obtaining sanction to operate a Unit Run Canteen. Certain guidelines are prescribed, and the same is issued by the Quarter Master General’s Branch. Only if certain criteria are fulfilled, Unit

¶813

Run Canteen is allotted by the competent authority. Ext.R5(b) makes it amply

¶814

¶815

¶816

clear that the Defence Ministry has written to the Chief of the Army Staff explaining the steps of the Unit Run Canteen and their employees. The funds of the CSDs are not from the funds of the Government nor from the consolidated fund of India. They are private undertakings of the unit concerned, and they do not have any administrative control over the units or the personnel who are employed in the unit. The terms and conditions of employment are also settled between the unit and the employees; they are not Government servants either. When the test of public authority regarding the creation, finance, and control is applied to the Unit Run Canteens, the question of whether the Unit Run Canteens comes under the definition of State under Article 12 can be sorted. For this, the following tests are applied.

¶817

i) As far as the creation is concerned, the Unit Run Canteens is established

¶818

in terms of the provisions laid down in AO/19/2003/QMG issued by the CSD of the Army. The said authority gives sanctions for unit formation and operation. It is an admitted fact that the creation of Unit Run Canteens is not by the act of parliament or by the legislature, but by an order from the Quarterm Master General’s Branch of the Army. So, the 1^st test regarding the creation fails to hold that URCs will come under any statute by the parliament or by the State legislature.

¶819

¶820

¶821

ii) The 2^nd test regarding the financial control over the URC is concerned,

¶822

the funds that the URCs obtained are from the regimental non-public funds, and not from the consolidated fund of India. The regimental non-public funds are created through contributions from the defense personnel. The URCs are not funded by the Government, and only loans are granted by the CSDs to the URCs, which are paid back with interest at the rate of 4% for 1^st loan and 6% for 2^nd loan. It is evidently clear that there is no direct financial control from the Government of India to the URCs. The distinction between URCs and CSDs is that, in CSD, the employees are Government employees and are funded from the Consolidated fund of India and therefore, there is direct control by the Government of India over CSD. URCs are concerned, the URCs are functioning under the CSDs, and they purchase the products from the CSD canteen, there is no direct funding either by the Government of India or the CSDs as stated above; only loans are sanctions to the URCs by the CSDs. Though the CSD funds are from the Consolidated Fund of India, merely because loans are granted from the funds of the CSDs, they cannot be taken as a fund from the Government of India under the Consolidated Fund of India. So, there is no direct control of finance also by the Government of India to the URCs. The funds are from the regimental

¶823

¶824

¶825

non-public fund. Thus the 2^nd test also fails to hold that the URCs come under

¶826

other authorities.

¶827

iii) As far as the 3^rd test is concerned, regarding the control , separate SOPs

¶828

are formulated by the URC management committee for the day-to-day affairs depending upon the strength of the staff of each URC. The appointment of the staff is done by the station head of each URC and not by the CSDs or by the Army. The URCs thus work as a separate unit under each station headquarters and there is no direct control either by the CSD or by the Ministry of Defence. This amply proves that there is no direct Government control over it. The petitioners have produced the Manual for Unit Run Canteens issued by the Government of India, Ministry of Defence, Canteen Stores Department on 12.01.2018, and argue that going by the said guidelines, it is a well-established fact that Unit Run Canteens are under the direct control of the Government of India and also the funds are from the Consolidated Fund of India.

¶829

Chapter 3 of the said guidelines deals with the URC-CSD interface. Sub Clause 3.2 deals with registration. It is stated in sub-clause 3.2 that units are required to obtain sanction for operating URC from the Sub-area Commander/Brigade Commander or Higher Formation Commander or their equivalents in the other two services. The formation Commander may sanction

¶830

¶831

¶832

the opening of URCs of their formation headquarters after the sanction is obtained and a registration number is allotted to the URC by the CSD. In such cases, the URCs are authorized to purchase canteen stores from the CSD area depot on which they are dependent.

¶833

Clause 3.5 deals with financial assistance/loans to URCs. It states that “to assist the URCs to improve their canteen facilities and to keep sufficient inventory, some funds are made available in the CSD budget every year which are disbursed as loans to URCs.” Loans are sanctioned to URCs up to 2 lakhs by the General Manager of the CSD and if it is more than 2 lakhs, the board of administration is empowered up to 5 lakhs; beyond 5 lakhs to 25 lakhs, it is to be sanctioned by the QMG and beyond the said amount, it is sanctioned by the Executive Committee of the Board over control of canteen service.

¶834

Clause 3.13 of the guidelines deals with the units proceeding on the UN Missions. The said clause only deals with the establishment of the Units Run Canteen abroad on UN Missions. It only states that they are free to take additional interest-free loans from the Deputy Director General of Canteen Service Headquarters, and such loans should be paid and repaid with a deposit from where the URCs are availed service of credit within five years.

¶835

¶836

¶837

22 As far as the audit is concerned, it is mandatory that the accounts

¶838

of the URC have to be audited by a Certified chartered accountant, and all URCs

¶839

shall undergo an audit by B.O.O. by the 31^st December of every year.

¶840

As per the order issued for the constitution of the Unit Run

¶841

Canteens, it can be seen that the aim of the canteen is to provide canteen facilities to serving army personnel retired and widows of the army personnel, etc. The canteen is run by the unit head of the army. The subject is to provide canteen facilities for army personnel and not the public at large. The unit is to require employees of its own personnel to run the establishment and through its own fund or formal fund from the CSD. Applying the dictum laid down by the Apex Court in Ajai Haziya’s case cited (supra), culled out from Ramanna Dayaram Shetti cited (supra), it is not possible to hold that the Unit Run Canteens can be termed as instrumentalities of the State, so as to bring within the term ‘Other Authorities’ in Article 226 of the Constitution of India.

¶842

This writ petition is filed seeking a writ of mandamus or direction directing the respondents not to implement Ext.P3 amendments upon the petitioner who is employed before 05.07.2019, the date on which the amendments came into force.

¶843

¶844

¶845

The High Court of Karnataka in M.G Karuppaiah’s case cited (supra),

¶846

in paragraph 7 relying on another judgment discussed the term ‘Authority under

¶847

Article 12’, which is extracted below:

¶848

7 . In Sri Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani [1989 (2) L.L.N. 281], highlighted the distinction of an “authority” for the purpose of Art. 226 of the Constitution and the Court was pleased to observe, in Para. 20, at page 287:

¶849

“The term ‘authority’ used in Art. 226, in the context, must receive a liberal meaning unlike the term in Art: 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under Art. 32. Article 226 confers power on the High Courts to issue writs for enforcement of the fundamental rights as well as non-fundamental rights. The words ‘any person or authority’ used in Art. 226 are, therefore, not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body. The duty must be judged in the light of positive obligation owed by the person or authority to the affected party. No matter by what means the duty is imposed, if a positive obligation exists mandamus cannot be denied.”

¶850

The question to be considered now would be as to whether, in the light of the decision in Rudani case [1989 (2) L.L.N. 281] (vide supra), it will be permissible and appropriate to issue writ of mandamus. The Apex Court in Rudani case (vide supra), laid stress on the nature of duties imposed upon the body or on the functions being discharged by the body and not on the form of body. In case the nature of the duty being discharged can be said to be of a public nature, the Court has held that the mandamus cannot be denied on the ground that the duty to be discharged is not imposed by the statute, since mandamus is of very wide amplitude which must be easily available to reach injustice wherever it is found. Technicalities should not come in the way of granting relief under Art. 226 of the Constitution. Judicial control over the vast expanding maze of bodies affecting the rights of the people should not be put into water tight compartment. In the instant case, there is nothing on record even to suggest, even though the respondent-canteen is a private body, it has been constituted with the aim and object of performing public duty. In my opinion, since the Central Government has no administrative control and no finances are made available and since the respondentcanteen has no public duty to perform no mandamus can be issued to the respondent-canteen to reinstate the petitioner into service with effect from the date of termination with all consequential service and monetary benefits.

¶851

¶852

¶853

As far as the facts of this case are concerned, the Central

¶854

Government has no administrative financial control over the Unit Run Canteens, and they do not have any public duty to perform. In such a case, no

¶855

mandamus can be issued to the respondent canteen.

¶856

To summarise, it can be safely inferred that URC is not a state or authority with the meaning of Article 12 of the Constitution of India. The canteen is not the creation of any statute or legislature. The Ministry of Defence has nothing to do with the canteen or its employees. The funds of the URCs are not provided by the Consolidated Fund of India, and they are from the Regimental non-public fund or by loans from the CSD departments. There is no pervasive control by the Government in the running of a canteen. As per the documents produced through the counter affidavit, it can be seen that the canteen is a private establishment that provides necessary items such as groceries at a cheaper rate to the army personnel, retired as well as widows. The salaries are paid from the profit earned from the sales.

¶857

In view of the discussions made above, I am of the firm opinion that the writ petitions are not maintainable as URC does not come under the definition of State under Article 12 of the Constitution of India, and therefore the writ petitions are dismissed as not maintainable. However, liberty is given to the

¶858

¶859

¶860

petitioners to move to the appropriate forum for redressal of their grievance, if

¶861

so advised.

¶862

Sd/-

¶863

BASANT BALAJI
JUDGE

APPENDIX OF WP(C) 25209/2020

¶868

PETITIONER EXHIBITS

¶869

`Exhibit`	`P7` `True copy of the relevant pages of Report no: 38 of` `2016 regarding Army - Defence Service`
`Exhibit`	`P8` `True copy of the representation submitted by the` `employees of Kottarakkara URC`
`Exhibit`	`P9` `True copy of the communication dated 19/5/2022`
`EXHIBIT`	`P4` `COPY OF THE APPOINTMENT LETTER OF 1ST PETITIONER.`
`EXHIBI` `P4(A)`	`T` `COPY OF THE APPOINTMENT LETTER OF 2ND PETITIONER.`
`EXHIBI` `P4(B)`	`T` `COPY OF THE APPOINTMENT LETTER OF 3RD PETITIONER.`
`EXHIBIT`	`P1` `TRUE COPY OF THE GUIDE LINES DATED 11.8.2014.`
`EXHIBIT`	`P5` `COPY OF THE COMMUNICATION NO.D.O.NO.M-11011/08/2020` `DATED 20.3.2020.`
`EXHIBIT`	`P6` `TRUE COPY OF THE INTERIM ORDER IN WP(C)` `NO.23919/2020.`
`EXHIBI` `P4(C)`	`T` `COPY OF THE APPOINTMENT LETTER OF 4TH PETITIONER.`
`EXHIBIT`	`P2` `TRUE COPY OF THE RELEVANT PAGES OF SOP.`
`EXHIBIT`	`P3` `TRUE COPY OF THE AMENDMENTS IN SOP DATED 5.7.2019.`

¶870

¶871

¶872

APPENDIX OF WP(C) 25213/2020

¶873

RESPONDENT EXHIBITS

¶874

`Exhibit` `R5(c)`	`letter No. 96029/Q/DDGCS issued by the Deputy` `Directorate General Canteen Services for Quarter` `Master General dated 10-02-1995`
`Exhibit` `R5(q )`	`A true copy of the advertisements mentioning` `scheduled interview dated 18 and 19 November 2020` `and 02 and 03 December 2020`
`Exhibit` `R5(r )`	`A true copy of the Station Headquarters letter No` `005/SCT/Gen dated 22 Oct 2020`
`Exhibit` `R5(d)`	`A true copy of the Kendriya Sainik Board, Ministry` `of Defence, Govt of India letter No 061/Policy/Gen` `Pol/Vol-1 dated 03 August 2018`
`Exhibit` `R5(e)`	`A chart of details of employment of petitioners` `with ESM URC Pathanamthitta`
`Exhibit` `R5(a)`	`A true copy of the AO/19/2003/QMG issued by the` `Quartermaster Generals Branch`
`Exhibit` `R5(b)`	`A true copy of the letter No BOCCS /00181 I Q / CAN` `/ 5469 / D (MOV) issued by the Under Secretary` `(Ministry of Defense) dated 27-10- 1977`
`Exhibit` `R5(f)`	`Guidelines: Terms and Condition of Service and` `Revised Pay Scale of Regular Civilian Employees of` `URC paid out of Non-Public Fund issued by IHQ of` `MoD (Army), QMGs Br vide File No 96029/Q/DDGCS` `dated 11 Aug 2014`
`Exhibit` `R5(g)`	`SOP regarding orders/guidelines for functioning of` `all five URCs under administrative control of` `Station Headquarters Trivandrum`
`Exhibit` `R5(h)`	`A true copy of the Station Headquarters (Army)` `Kochi file No 217/1/Q dated 15 Nov 2017`
`Exhibit` `R5(i)`	`A true copy of the Fresh SOP Station Headquarters` `Trivandrum Case No 304/R/Standing Order/SCT/Q dated` `01 May 2017`
`Exhibit` `R5(j)`	`letter No 005/SCT/Gen dated 20 May 2019`
`Exhibit` `R5(k )`	`Letter No 103/R/Est dated 24 Oct 2019`

¶875

¶876

¶877

`Exhibit` `R5(l)`	`A true copy of the judgment in WP (C) No 18668 of` `2012 (G) dated 12 November 2012`
`Exhibit` `R5(m )`	`Advertisements published in local newspapers`
`Exhibit` `R5(n )`	`A true copy of the Station Headquarters Trivandrum` `letter No 103/2/EST(iii) dated 22 June 2020`
`Exhibit` `R5(o )`	`A true copy of the contractual employment` `agreements entered into by the Petitioners and the` `Station Commander`
`Exhibit R5` `(p)`	`etter No 005/SCT/Gen dated 22 Oct 2020`
`PETITIONER EX`	`HIBITS`
`Exhibit P8`	`TRUE COPY OF THE PLATINUM JUBILEE EDITION 2018 OF THE` `MANUAL FOR UNIT RUN CANTEEN ISSUED BY THE MINISTRY F` `DEFENCE`
`EXHIBIT P7`	`TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.23919/2020`
`EXHIBIT P6`	`COPY OF THE COMMUNICATION NO.D.O.NO.M-11011/08/2020` `DATED 20/3/2020`
`EXHIBIT P5` `(F)`	`TRUE COPY OF IDENTITY CARD OF 9TH PETITIONER`
`EXHIBIT P5` `(E)`	`TRUE COPY OF IDENTITY CARD OF 8TH PETITIONER`
`EXHIBIT P5` `(D)`	`TRUE COPY OF IDENTITY CARD OF 7TH PETITIONER`
`EXHIBIT P5` `(C)`	`TRUE COPY OF IDENTITY CARD OF 6TH PETITIONER`
`EXHIBIT P5` `(B)`	`TRUE COPY OF IDENTITY CARD OF 5TH PETITIONER`
`EXHIBIT P5` `(A)`	`TRUE COPY OF IDENTITY CARD OF 4TH PETITIONER`
`EXHIBIT P5`	`TRUE COPY OF IDENTITY CARD OF 3RD PETITIONER`
`EXHIBIT P4` `(A)`	`COPY OF APPOINTMENT LETTER OF 2ND PETITIONER`
`EXHIBIT P4`	`COPY OF APPOINTMENT LETTER OF 1ST PETITIONER`
`EXHIBIT P3`	`TRUE COPY OF THE AMENDMENTS IN SOP DATED 5/7/2019`
`EXHIBIT P2`	`TRUE COPY OF THE RELEVANT PAGES OF SOP`
`EXHIBIT P1`	`TRUE COPY OF THE GUIDE LINES DATED 11/8/2014`

¶878

¶879

¶880

APPENDIX OF WP(C) 26222/2020

¶881

PETITIONER EXHIBITS

¶882

`Exhibit P11`	`TRUE COPY OF THE` `WITH TYPED COPY`	`GUIDELINES DATED 11/8/2014 ALONG`
`EXHIBIT P2`	`TRUE COPY OF THE` `31.10.2017 ISSUED`	`APPOINTMENT LETTER DATED` `TO THE 2ND PETITIONER.`
`EXHIBIT P3`	`TRUE COPY OF THE` `ISSUED TO THE 3RD`	`APPOINTMENT LETTER DATED 20.5.2012` `PETITIONER.`
`EXHIBIT P4`	`TRUE COPY OF THE` `ISSUED TO THE 4TH`	`APPOINTMENT LETTER DATED 28.7.2017` `PETITIONER.`
`EXHIBIT P5`	`TRUE COPY OF THE` `(SOP) DATED 30.9.`	`STANDING OPERATING PROCEDURES` `2002 ISSUED BY 5TH RESPONDENT.`
`EXHIBIT P1`	`TRUE COPY OF THE` `ISSUED TO THE IST`	`APPOINTMENT LETTER DATED 3.8.2017` `PETITIONER.`
`EXHIBIT P7`	`TRUE COPY OF THE` `11011/08/2020-MED`	`COMMUNICATION NO.D.O.NO.M-` `IA DATED 20.3.2020.`
`EXHIBIT P8`	`TRUE COPY OF THE` `WPC NO.25202/2020`	`INTERIM ORDER DATED 17.11.2020 IN` `PASSED BY THIS HONOURABLE COURT.`
`EXHIBIT P9`	`TRUE COPY OF THE` `WPC NO.25209/2020`	`INTERIM ORDER DATED 17.11.2020 IN` `PASSED BY THIS HONOURABLE COURT.`
`EXHIBIT P10`	`TRUE COPY OF THE` `WPC NO.25213/2020`	`INTERIM ORDER DATED 17.11.2020 IN` `PASSED BY THIS HONOURABLE COURT.`
`EXHIBIT P6`	`TRUE COPY OF THE` `BY THE PETITIONER` `SEEKING THEIR RET`	`REQUEST DATED 20.10.2020 SUBMITTED` `S BEFORE THE 5TH RESPONDENT` `ENTION IN SERVICE.`

¶883

¶884

¶885

APPENDIX OF WP(C) 27478/2022

¶886

PETITIONER EXHIBITS

¶887

`Exhibit`	`P1` `TRUE COPY OF THE` `27.10.2020 ISSUED`	`LETTER O` `TO THE`	`F APPOINTMENT DATED` `PETITIONER.`
`Exhibit`	`P2` `TRUE COPY OF THE`	`COMMUNIC`	`ATION DATED 14.10.2021`
`Exhibit`	`P3` `TRUE COPY OF THE` `MASTER GENERAL BR` `(ARMY) DATED 11.0`	`GUIDELIN` `ANCH OF` `8.2014`	`ES ISSUED BY THE QUARTER` `INTEGRATED HQ OF MOD`
`Exhibit`	`P4` `TRUE COPY OF THE` `WP(C)NO.25202/202`	`INTERIM` `0 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit`	`P5` `TRUE COPY OF THE` `WP(C)NO.25209/202`	`INTERIM` `0 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit`	`P6` `TRUE COPY OF THE` `WP(C)NO.25213/202`	`INTERIM` `0 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit`	`P7` `THE COPY OF THE S` `ISSUED IN THE YEA`	`TANDING` `R 2017`	`OPERATING PROCEDURE` `DATED NIL`

¶888

¶889

¶890

APPENDIX OF WP(C) 27795/2021

¶891

PETITIONER EXHIBITS

¶892

`Exhibit P1`	`TRUE COPY OF THE APPOINTMENT LETTER DATED 2.12.2019` `ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER`
`Exhibit P2`	`TRUE COPY OF THE COMMUNICATION DATED 5.11.2020` `ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER`
`Exhibit P3`	`TRUE COPY OF THE COMMUNICATION DATED 5.11.2021` `ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER`
`Exhibit P4`	`TRUE COPY OF THE RECOMMENDATION LETTER DATED` `1.10.2021 ISSUED BY THE 6TH RESPONDENT`
`Exhibit P5`	`TRUE COPY OF THE STANDING OPERATING PROCEDURES` `(SOP) DATED 30.9.2002 ISSUED BY 5TH RESPONDENT`
`Exhibit P6`	`TRUE COPY OF THE COMMUNICATION NO D.NO NO M-` `11011/08/2020-MEDIAA DATED 20.3.2020`
`Exhibit P7`	`TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `WPC NO 25209/2020 PASSED BY THIS HONOURABLE COURT`
`Exhibit P8`	`TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `WPC NO 25209/2020 PASSED BY THIS HONOURABLE COURT`
`Exhibit P9`	`TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `WPC NO 25213/2020 PASSED BY THIS HONOURABLE COURT`
`Exhibit P10`	`TRUE COPY OF THE GUIDELINES ISSUED BY THE QUARTER` `MASTER GENERAL BRANCH OF INTEGRATED HQ OF MOD (ARMY)` `DATED 1/8/2014`
`Exhibit P11`	`TRUE COPY OF THE ONE OF THE INSTANCES OF SUCH` `AMENDMENT WITH REGARD TO THE PROVISIONS OF PARAGRAPH` `78 OF THE THEN STANDING OPERATING PROCEDURE (SOP)` `DATED 11/11/2017`
`Exhibit P12`	`TRUE COPY OF THE WHAT'S APP MESSAGE RECEIVED BY THE` `PETITIONER ON 23/5/2020 FROM THE SUPERIOR OFFICERS`
`Exhibit P13`	`TRUE COPY OF THE WHAT'S MESSAGE RECEIVED BY THE` `PETITIONER ON 26/8/2020 FROM THE SUPERIOR OFFICERS`
`Exhibit P14`	`TRUE COPY OF THE WHAT'S APP MESSAGES RECEIVED BY THE` `PETITIONER ON 27/8/2020 FROM THE SUPERIOR OFFICERS`
`Exhibit P15`	`THE COPY OF THE STANDING OPERATING PROCEDURE` `ISSUED IN THE YEAR 2017 DATED NIL`

¶893

¶894

¶895

APPENDIX OF WP(C) 29919/2021

¶896

PETITIONER EXHIBITS

¶897

`Exhibit P1`	`TRUE COPY` `ISSUED BY`	`OF THE` `2ND RE`	`GUIDE LINES DATED 11.08.2014` `SPONDENT.`
`Exhibit P2`	`TRUE COPY` `STATION HE`	`OF THE` `AD QUA`	`RELEVANT PAGES OF SOP ISSUED BY` `RTERS, ARMY, KOCHI.`
`Exhibit P3`	`TRUE COPY` `05.07.2019`	`OF THE` `.`	`AMENDMENTS IN SOP DATED`
`Exhibit P4`	`TRUE COPY` `PETITIONER`	`OF THE` `DATED`	`APPOINTMENT LETTER OF 3RD` `23.05.2016.`
`Exhibit P5`	`TRUE COPY` `PETITIONER`	`OF THE` `DATED`	`APPOINTMENT LETTER OF 4TH` `10.07.2015.`
`Exhibit P6`	`TRUE COPY` `PETITIONER`	`OF THE` `DATED`	`APPOINTMENT LETTER OF 5TH` `28.03.2018.`
`Exhibit P7`	`TRUE COPY` `11011/08/2`	`OF THE` `020 DA`	`COMMUNICATION NO.D.O.NO.M-` `TED 20.03.2020.`
`Exhibit P8`	`TRUE COPY` `WP(C)NO.23`	`OF THE` `919/20`	`INTERIM ORDER OF` `20.`

¶898

¶899

¶900

APPENDIX OF WP(C) 30508/2021

¶901

PETITIONER EXHIBITS

¶902

`Exhibit P1`	`TRUE COPY` `22.06.2021` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 1ST` `.`
`Exhibit P2`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.06.2021` `THE 5TH RESPONDENT TO THE 2ND PETITIONER.`
`Exhibit P3`	`TRUE COPY` `10.05.2016`	`OF THE APPOINTMENT LETTER DATED` `ISSUED TO THE 3RD PETITIONER.`
`Exhibit P4`	`TRUE COPY` `22.06.2021` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 3RD` `.`
`Exhibit P5`	`TRUE COPY` `03.04.2013`	`OF THE APPOINTMENT LETTER DATED` `ISSUED TO THE 4TH PETITIONER.`
`Exhibit P6`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.06.2021` `THE 5TH RESPONDENT TO THE 4TH PETITIONER.`
`Exhibit P7`	`TRUE COPY` `28.03.2018`	`OF THE APPOINTMENT LETTER DATED` `ISSUED TO THE 5TH PETITIONER.`
`Exhibit P8`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.01.2021` `THE 5TH RESPONDENT TO THE 5TH PETITIONER.`
`Exhibit P9`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 14.07.2012` `THE 5TH RESPONDENT TO THE 6TH PETITIONER.`
`Exhibit P10`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.11.2012` `THE 5TH RESPONDENT TO THE 6TH PETITIONER.`
`Exhibit P11`	`TRUE COPY`	`OF THE EXTENSION ORDER DATED 22.06.2021.`
`Exhibit P12`	`TRUE COPY`	`OF THE EXTENSION ORDER DATED 14.07.2012.`
`Exhibit P13`	`TRUE COPY`	`OF THE EXTENSION ORDER DATED 22.06.2021.`
`Exhibit P14`	`TRUE COPY`	`OF THE EXTENSION ORDER DATED 15.07.2013.`
`Exhibit P15`	`TRUE COPY`	`OF THE EXTENSION ORDER DATED 08.01.2019.`
`Exhibit P16`	`TRUE COPY`	`OF THE EXTENSION ORDER DATED 06.12.2019.`
`Exhibit P17`	`TRUE COPY` `(SOP) DATE`	`OF THE STANDING OPERATING PROCEDURES` `D 30.09.2002 ISSUED BY 5TH RESPONDENT.`

¶903

¶904

¶905

`Exhibit P18`	`TRUE` `11011`	`COPY OF THE COMMUNICATION NO.D.O.NO.M-` `/08/2020-MEDIA DATED 20.03.2020.`
`Exhibit P19`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25202/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P20`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25209/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P21`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25213/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P22`	`TRUE` `WITH`	`COPY OF THE GUIDELINES DATED 11/8/2014 ALONG` `TYPED COPY`
`Exhibit P23`	`THE C` `ISSUE`	`OPY OF THE STANDING OPERATING PROCEDURE` `D IN THE YEAR 2017 DATED NIL (RELEVANT PAGES)`

¶906

¶907

¶908

APPENDIX OF WP(C) 30564/2021

¶909

PETITIONER EXHIBITS

¶910

`Exhibit P1`	`TRUE COPY` `AND PERMIS` `SAME DAY.`	`OF THE LETTER OF REQUEST DATED 06.01.2006` `SION GRANTED VIDE ENDORSEMENT ON THE VERY`
`Exhibit P2`	`TRUE COPY` `28.01.2019` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 1ST` `.`
`Exhibit P3`	`TRUE COPY` `21.12.2019` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 1ST` `.`
`Exhibit P4`	`TRUE COPY` `23.11.2020` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 1ST` `.`
`Exhibit P5`	`TRUE COPY` `22.06.2021` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 1ST` `.`
`Exhibit P6`	`TRUE COPY` `ISSUED TO`	`OF APPOINTMENT LETTER DATED 14.02.2019` `THE 2ND PETITIONER.`
`Exhibit P7`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 14.05.2019` `THE 5TH RESPONDENT TO THE 2ND PETITIONER.`
`Exhibit P8`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 20.04.2020` `THE 5TH RESPONDENT TO THE 2ND PETITIONER.`
`Exhibit P9`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.03.2021` `THE 5TH RESPONDENT TO THE 2ND PETITIONER.`
`Exhibit P10`	`TRUE COPY` `14.02.2019`	`OF THE APPOINTMENT LETTER DATED` `ISSUED TO THE 3RD PETITIONER.`
`Exhibit P11`	`TRUE COPY` `14.05.2019` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 3RD` `.`
`Exhibit P12`	`TRUE COPY` `20.04.2020` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 3RD` `.`
`Exhibit P13`	`TRUE COPY` `22.03.2021` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 3RD` `.`

¶911

¶912

¶913

`Exhibit P14`	`TRUE COPY OF THE APPOINTM` `14.05.2019 ISSUED TO THE`	`ENT LETTER DATED` `4TH PETITIONER.`
`Exhibit P15`	`TRUE COPY OF THE ORDER OF` `14.05.2019 ISSUED BY THE` `PETITIONER.`	`EXTENSION DATED` `5TH RESPONDENT TO THE 4TH`
`Exhibit P16`	`TRUE COPY OF THE ORDER OF` `10.02.2020 ISSUED BY THE` `PETITIONER.`	`EXTENSION DATED` `5TH RESPONDENT TO THE 4TH`
`Exhibit P17`	`TRUE COPY OF THE ORDER OF` `16.01.2021 ISSUED BY THE` `PETITIONER.`	`EXTENSION DATED` `5TH RESPONDENT TO THE 4TH`
`Exhibit P18`	`TRUE COPY OF THE STANDING` `(SOP) DATED 30.09.2002 IS`	`OPERATING PROCEDURES` `SUED BY 5TH RESPONDENT.`
`Exhibit P19`	`TRUE COPY OF THE COMMUNIC` `11011/08/2020-MEDIA DATED`	`ATION NO.DO NO.M-` `20.03.2020.`
`Exhibit P20`	`TRUE COPY OF THE INTERIM` `WPC NO.25209/2020 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P21`	`TRUE COPY OF THE INTERIM` `WPC NO.25209/2020 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P22`	`TRUE COPY OF THE INTERIM` `WPC NO.25213/2020 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P23`	`TRUE COPY OF THE GUIDELIN` `TYPED COPY`	`ES DATED 11/8/2014 WITH`
`Exhibit P24`	`THE COPY OF THE STANDING` `ISSUED IN THE YEAR 2017`	`OPERATING PROCEDURE` `DATED NIL (RELAVENT PAGES)`

¶914

¶915

¶916

APPENDIX OF WP(C) 30652/2021

¶917

PETITIONER EXHIBITS

¶918

`Exhibit P1`	`TRUE COPY OF THE` `ISSUED BY THE 5TH`	`APPOINTM` `RESPOND`	`ENT ORDER DATED 14.02.2019` `ENT TO THE PETITIONER.`
`Exhibit P2`	`TRUE COPY OF THE` `ISSUED BY THE 5TH`	`EXTENSI` `RESPOND`	`ON ORDER DATED 22.06.2021` `ENT TO THE PETITIONER.`
`Exhibit P3`	`TRUE COPY OF THE` `(SOP) DATED 30.09`	`STANDING` `.2002 IS`	`OPERATING PROCEDURES` `SUED BY 5TH RESPONDENT.`
`Exhibit P4`	`TRUE COPY OF THE` `11011/08/2020-MED`	`COMMUNIC` `IA DATED`	`ATION NO.D.OM-` `20.03.2020.`
`Exhibit P5`	`TRUE COPY OF THE` `WPC NO.25202/2020`	`INTERIM` `PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P6`	`TRUE COPY OF THE` `WPC NO.25209/2020`	`INTERIM` `PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P7`	`TRUE COPY OF THE` `WPC NO.25213/2020`	`INTERIM` `PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P8`	`THE TRUE COPY OF` `ALONG WITH TYPED`	`THE GUID` `COPY`	`ELINES DATED 11/8/2014`
`Exhibit P9`	`THE COPY OF THE S` `ISSUED IN THE YEA`	`TANDING` `R 2017`	`OPERATING PROCEDURE` `DATED NIL (RELEVANT PAGES)`

¶919

¶920

¶921

APPENDIX OF WP(C) 30668/2021

¶922

PETITIONER EXHIBITS

¶923

`Exhibit P1`	`TRUE COPY` `01.02.2019` `PETITIONER`	`OF THE APPOINTMENT LETTER DATED` `ISSUED BY THE 5TH RESPONDENT TO THE` `NO.1.`
`Exhibit P2`	`TRUE COPY` `14.05.2019` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE` `NO.1.`
`Exhibit P3`	`TRUE COPY` `22.06.2021` `PETITIONER`	`OF THE ORDER OF EXTENSION DATED` `ISSUED BY THE 5TH RESPONDENT TO THE` `NO.1`
`Exhibit P4`	`TRUE COPY` `ISSUED BY`	`OF APPOINTMENT LETTER DATED 28.03.2018` `THE 5TH RESPONDENT TO THE PETITIONER NO.2`
`Exhibit P5`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 20.05.2019` `THE 5TH RESPONDENT TO THE PETITIONER NO.2`
`Exhibit P6`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 08.05.2019` `THE 5TH RESPONDENT TO THE PETITIONER NO.2`
`Exhibit P7`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 18.12.2020` `THE 5TH RESPONDENT TO THE PETITIONER NO.2`
`Exhibit P8`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.06.2020` `THE 5TH RESPONDENT TO THE PETITIONER NO.2`
`Exhibit P9`	`TRUE COPY` `14.02.2019` `PETITIONER`	`OF THE APPOINTMENT LETTER DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 3RD` `.`
`Exhibit P10`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 20.04.2020` `THE 5TH RESPONDENT TO THE PETITIONER NO.3`
`Exhibit P11`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.06.2020` `THE 5TH RESPONDENT TO THE PETITIONER NO.3`
`Exhibit P12`	`TRUE COPY` `14.02.2019` `PETITIONER`	`OF THE APPOINTMENT LETTER DATED` `ISSUED BY THE 5TH RESPONDENT TO THE 4TH`
`Exhibit P13`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.03 .2020` `THE 5TH RESPONDENT TO THE PETITIONER NO.4`
`Exhibit P14`	`TRUE COPY` `ISSUED BY`	`OF THE EXTENSION ORDER DATED 22.06 .2020` `THE 5TH RESPONDENT TO THE PETITIONER NO.4`

¶924

¶925

¶926

`Exhibit P15`	`TRUE COPY OF THE COMMON A` `THE 5TH RESPONDENT TO THE`	`PPOINTMENT ORDER ISSUED BY` `PETITIONERS NO.5 AND 6.`
`Exhibit P16`	`TRUE COPY OF THE STANDING` `PROCEDURES(SOP)DATED 30.0` `RESPONDENT.`	`OPERATING` `9.2002 ISSUED BY 5TH`
`Exhibit P17`	`TRUE COPY OF THE COMMUNIC` `11011/18/2020-MEDIA DATED`	`ATION NO.D.O.NO.M-` `2O.03.2020`
`Exhibit P18`	`TRUE COPY OF THE INTERIM` `WP(C)NO.25202/2020 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT`
`Exhibit P19`	`TRUE COPY OF THE INTERIM` `WP(C)NO.25209/2020 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT`
`Exhibit P20`	`TRUE COPY OF THE INTERIM` `WP(C)NO.25213/2020 PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`Exhibit P21`	`THE COPY OF THE STANDING` `ISSUED IN THE YEAR 2017`	`OPERATING PROCEDURE` `DATED NIL`

¶927

RESPONDENT EXHIBITS

¶928

`Exhibit` `R5(b)`	`True copy of latest contract agreement dated 15` `Feb 2021 entered into between the 2nd petitioner` `and 5th respondent`
`Exhibit` `R5(c)`	`True copy of the latest contract agreement dated` `26 Mar 2021 entered into between the 3rd petitioner` `and the 5th respondent`
`Exhibit` `R5(d)`	`True copy of the latest contract agreement dated` `26 March 2021 entered into between the 4th` `petitioner and 5th respondent`
`Exhibit` `R5(e)`	`True copy of the latest contract agreement dated` `23 Feb 2021 entered into between the 5th` `petitioner and 5th respondent`
`Exhibit` `R5(f)`	`True copy of the latert contract agreement dated` `23 Feb 2021 entered into between the 6th petitioner` `and 5th respondent`
`Exhibit` `R5(g)`	`True copy of the letter No. 005/SCT/Gen dated` `20.05.2019 issued by SO (Canteen) Station` `Headquarter, Thiruvananthapuram`

¶929

¶930

¶931

Exhibit True copy of the amendment issued vide Station
R5(h)Headquarters letter No. 103/R/Est dated 24.10.2019
Exhibit True copy of the latest contract agreement dated
R5(a)26 March 2021 entered into between the 1st
petitioner and 5th respondent

¶932

¶933

¶934

APPENDIX OF WP(C) 30679/2021

¶935

PETITIONER EXHIBITS

¶936

`Exhibit P1`	`TRUE COPY OF THE EXTENSION ORDER DATED 12/12/2015` `ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER` `NO.1.`
`Exhibit P2`	`TRUE COPY OF THE EXTENSION ORDER DATED 06/10/2017` `ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER` `NO.1.`
`Exhibit P3`	`TRUE COPY OF THE EXTENSION ORDER DATED 16/01/2021` `ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.`
`Exhibit P4`	`TRUE COPY OF THE APPOINTMENT LETTER DATED` `09/04/2012 ISSUED TO THE 3RD PETITIONER.`
`Exhibit P5`	`TRUE COPY OF THE EXTENSION ORDER DATED 22/06/2021` `ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER.`
`Exhibit P6`	`TRUE COPY OF THE APPOINTMENT LETTER DATED` `09/04/2021 ISSUED TO THE 4TH PETITIONER.`
`Exhibit P7`	`TRUE COPY OF THE EXTENSION ORDER NO.005/SCT/IA/KLM` `DATED NIL ISSUED BY THE 5TH RESPONDENT TO THE 4TH` `PETITIONER.`
`Exhibit P8`	`TRUE COPY OF THE STANDING OPERATING PROCEDURES` `(SOP) DATED 30/09/2002 ISSUED BY 5TH RESPONDENT.`
`Exhibit P9`	`TRUE COPY OF THE COMMUNICATION NO.D.O.NO.M-` `11011/08/2020-MEDIA DATED 20/03/2020.`
`Exhibit P10`	`TRUE COPY OF THE INTERIM ORDER DATED 17/11/2020 IN` `WP(C) NO.25202/2020 PASSED BY THIS HONOURABLE` `COURT.`
`Exhibit P11`	`TRUE COPY OF THE INTERIM ORDER DATED 17/11/2020 IN` `WP(C) NO.25209/2020 PASSED BY THIS HONOURABLE` `COURT.`
`Exhibit P12`	`TRUE COPY OF THE INTERIM ORDER DATED 17/11/2020 IN` `WP(C) NO.25213/2020 PASSED BY THIS HONOURABLE` `COURT.`
`Exhibit P13`	`THE COPY OF THE STANDING OPERATING PROCEDURE` `ISSUED IN THE YEAR 2017 DATED NIL (RELEVANT PAGES)`

¶937

100

¶938

¶939

APPENDIX OF WP(C) 7461/2022

¶940

PETITIONER EXHIBITS

¶941

`Exhibit P1`	`TRUE COPY` `07.05.2020`	`OF THE LETTER OF APPOINTMENT DATED` `OF ISSUED TO THE PETITIONER.`
`Exhibit P2`	`TRUE COPY` `22.05.2021`	`OF THE ORDER OF EXTENSION DATED` `.`
`Exhibit P3`	`TRUE COPY` `MASTER GEN` `(ARMY) DAT`	`OF THE GUIDELINES ISSUED BY THE QUARTER` `ERAL BRANCH OF INTEGRATED HQ AND MOD` `ED 11.08.2014.`
`Exhibit P4`	`TRUE COPY` `W.P.C NO.`	`OF THE INTERIM ORDER DATED 17.11.2020 IN` `25202/2020 PASSED BY THIS HON'BLE COURT.`
`Exhibit P5`	`TRUE COPY` `W.P.C NO.`	`OF THE INTERIM ORDER DATED 17.11.2020 IN` `25209/2020 PASSED BY THIS HON'BLE COURT.`
`Exhibit P6`	`TRUE COPY` `W.P.C NO.`	`OF THE INTERIM ORDER DATED 17.11.2020 IN` `25213/2020 PASSED BY THIS HON'BLE COURT.`

¶942

RESPONDENT EXHIBITS

¶943

`Exhibit`	`True copy of the leter No.005/SCT/Gen dated`
`R5(b)`	`20.05.2019 issued by SO(Canteen) Station` `Headquarters, Thiruvananthapuram`
`Exhibit` `R5(a)`	`True copy of the agreement between the petitioner` `and 5th respondent dated 11.04.2021`
`Exhibit`	`True copy of the amendment issued vide Station`
`R5(c)`	`Headquarters letter No.103/R/Est dated 24.10.2019`

¶944

101

¶945

¶946

APPENDIX OF WP(C) 29383/2022

¶947

PETITIONER EXHIBITS

¶948

`Exhibit`	`P1` `TRUE` `10.02`	`COPY OF THE LETTER OF APPOINTMENT DATED` `.2020 ISSUED TO THE PETITIONER.`
`Exhibit`	`P2` `TRUE` `ISSUE`	`COPY OF THE COMMUNICATION DATED 26.12.2021` `D TO THE PETITIONER.`
`Exhibit`	`P3` `TRUE` `MASTE` `(ARMY`	`COPY OF THE GUIDELINES ISSUED BY THE QUARTER` `R GENERAL BRANCH OF INTEGRATED HQ OF MOD` `) DATED 11.08.2014.`
`Exhibit`	`P4` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25202/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P5` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25209/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P6` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25213/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P7` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 25.08.2022 IN` `NO.27478/2022 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P8` `THE C` `ISSUE`	`OPY OF THE STANDING OPERATING PROCEDURE` `D IN THE YEAR 2017 DATED NIL (RELEVANT PAGES)`

¶949

RESPONDENT EXHIBITS

¶950

`Exhibit` `R5(a)`	`True copy of the agreement for contract dated 27` `December 2021 entered into between the petitioner` `and the Respondents`
`Exhibit` `R5(c)`	`A true copy of the amendment issued vide Station` `Headquarters letter No 103/R/Est dated 24.10.2019`
`Exhibit`	`True copy of the letter No 005/SCT/Gen dated`
`R5(b)`	`20.05.2019. A true copy of the letter No` `005/SCT/Gen dated 20.05.2019 issued by SO (Canteen)` `Station Headquarter, Thiruvananthapuram`

¶951

102

¶952

¶953

APPENDIX OF WP(C) 35026/2022

¶954

PETITIONER EXHIBITS

¶955

`Exhibit P1`	`TRUE` `29.12`	`COPY OF THE APPOINTMENT LETTER DATED` `.2020 ISSUED TO THE 1ST PETITIONER.`
`Exhibit P2`	`TRUE` `21.06`	`COPY OF THE APPOINTMENT LETTER DATED` `.2011 ISSUED TO THE 2ND PETITIONER.`
`Exhibit P3`	`TRUE` `ISSUE`	`COPY OF THE INTIMATION LETTER DATED 11.01.2021` `D TO THE 2ND PETITIONER.`
`Exhibit P4`	`TRUE` `09.04`	`COPY OF THE APPOINTMENT LETTER DATED` `.2012 ISSUED TO THE 3RD PETITIONER.`
`Exhibit P5`	`TRUE` `29.12`	`COPY OF THE APPOINTMENT LETTER DATED` `.2020 ISSUED BY THE 5TH RESPONDENT.`
`Exhibit P6`	`TRUE` `BY TH`	`COPY OF THE INTIMATION DATED 29.12.2021 ISSUED` `E 5TH RESPONDENT`
`Exhibit P7`	`TRUE` `MASTE` `(ARMY`	`COPY OF THE GUIDELINES ISSUED BY THE QUARTER` `R GENERAL BRANCH OF INTEGRATED HQ OF MOD` `) DATED 11.08.2014`
`Exhibit P8`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25202/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P9`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25209/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P10`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25213/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P11`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 25.08.2022 IN` `NO.27478/2022 PASSED BY THIS HONOURABLE` `.`

¶956

103

¶957

¶958

APPENDIX OF WP(C) 35173/2022

¶959

PETITIONER EXHIBITS

¶960

`Exhibit P1`	`RUE C` `ISSUE`	`OPY OF THE APPOINTMENT LETTER DATED 29.12.2020` `D TO THE 1ST PETITIONER.`
`Exhibit P2`	`TRUE` `29.12`	`COPY OF THE APPOINTMENT LETTER DATED` `.2020 ISSUED TO THE 2ND PETITIONER.`
`Exhibit P3`	`TRUE` `29.12`	`COPY OF THE APPOINTMENT LETTER DATED` `.2020 ISSUED TO THE 3RD PETITIONER.`
`Exhibit P4`	`TRUE` `BY TH`	`COPY OF THE INTIMATION DATED 29.12.2021 ISSUED` `E 5TH RESPONDENT`
`Exhibit P5`	`TRUE` `MASTE` `(ARMY`	`COPY OF THE GUIDELINES ISSUED BY THE QUARTER` `R GENERAL BRANCH OF INTEGRATED HQ OF MOD` `) DATED 11.08.2014`
`Exhibit P6`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25202/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P7`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25209/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P8`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25213/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit P9`	`TRUE` `WP(C)`	`COPY OF THE INTERIM ORDER DATED 25.08.2022 IN` `NO.27478/2022 PASSED BY THIS HONOURABLE COURT`
`Exhibit P10`	`THE C` `ISSUE`	`OPY OF THE STANDING OPERATING PROCEDURE` `D IN THE YEAR 2017 DATED NIL`

¶961

104

¶962

¶963

APPENDIX OF WP(C) 35231/2022

¶964

PETITIONER EXHIBITS

¶965

`Exhibit`	`P1` `TRUE` `29.12`	`COPY OF THE APPOINTMENT LETTER DATED` `.2020 ISSUED TO THE 1ST PETITIONER.`
`Exhibit`	`P2` `TRUE` `29.12`	`COPY OF THE APPOINTMENT LETTER DATED` `.2020 ISSUED TO THE 2ND PETITIONER.`
`Exhibit`	`P3` `TRUE` `BY TH`	`COPY OF THE INTIMATION DATED 29.12.2021 ISSUED` `E 5TH RESPONDENT.`
`Exhibit`	`P4` `TRUE` `MASTE` `(ARMY`	`COPY OF THE GUIDELINES ISSUED BY THE QUARTER` `R GENERAL BRANCH OF INTEGRATED HQ OF MOD` `) DATED 11.08.2014.`
`Exhibit`	`P5` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25202/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P6` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25209/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P7` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25213/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P8` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 25.08.2022 IN` `NO.27478/2022 PASSED BY THIS HONOURABLE` `.`

¶966

105

¶967

¶968

APPENDIX OF WP(C) 35246/2022

¶969

PETITIONER EXHIBITS

¶970

`Exhibit P1`	`TRUE` `29.12`	`COPY OF THE APPOINTM` `.2020 ISSUED TO THE`	`ENT LETTER DATED` `1ST PETITIONER.`
`Exhibit P2`	`TRUE` `11.01`	`COPY OF THE APPOINTM` `.2021 ISSUED TO THE`	`ENT LETTER DATED` `2ND PETITIONER.`
`Exhibit P3`	`TRUE` `29.12`	`COPY OF THE APPOINTM` `.2020 ISSUED TO THE`	`ENT LETTER DATED` `3RD PETITIONER.`
`Exhibit P4`	`TRUE` `11.12`	`COPY OF THE APPOINTM` `.2020 ISSUED TO THE`	`ENT LETTER DATED` `4TH PETITIONER.`
`Exhibit P5`	`TRUE` `MASTE` `(ARMY`	`COPY OF THE GUIDELIN` `R GENERAL BRANCH OF` `) DATED 11.08.2014.`	`ES ISSUED BY THE QUARTER` `INTEGRATED HQ OF MOD`
`Exhibit P6`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM` `NO.25202/2020 PASSE` `.`	`ORDER DATED 17.11.2020 IN` `D BY THIS HONOURABLE`
`Exhibit P7`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM` `NO.25209/2020 PASSE` `.`	`ORDER DATED 17.11.2020 IN` `D BY THIS HONOURABLE`
`Exhibit P8`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM` `NO.25213/2020 PASSE` `.`	`ORDER DATED 17.11.2020 IN` `D BY THIS HONOURABLE`
`Exhibit P9`	`TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM` `NO.27478/2022 PASSE` `.`	`ORDER DATED 25.08.2022 IN` `D BY THIS HONOURABLE`
`Exhibit P10`	`THE C` `ISSUE`	`OPY OF THE STANDING` `D IN THE YEAR 2017`	`OPERATING PROCEDURE` `DATED NIL`

¶971

106

¶972

¶973

APPENDIX OF WP(C) 453/2023

¶974

PETITIONER EXHIBITS

¶975

`Exhibit P1`	`TRUE COPY OF THE LETTER DATED 28.01.2020 WITH` `REGARD TO THE PETITIONER'S INITIAL APPOINTMENT`
`Exhibit P2`	`TRUE COPY OF THE COMMUNICATION DATED 31.12.2020` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit P3`	`TRUE COPY OF THE COMMUNICATION DATED 13.10.2021` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit P4`	`TRUE COPY OF THE COMMUNICATION DATED 19.11.2022` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit P5`	`TRUE COPY OF THE COMMUNICATION DATED 30.11.2022` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit P6`	`TRUE COPY OF THE RELEVANT PAGES OF STANDING` `OPERATING PROCEDURES (SOP) DATED 15.11.2017`
`Exhibit P7`	`TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP© NO.25202/2020 PASSED BY THIS HONOURABLE` `COURT.`
`Exhibit P8`	`TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25209/2020 PASSED BY THIS` `HONOURABLE COURT`
`Exhibit P9`	`TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25213/2020 PASSED BY THIS` `HONOURABLE COURT.`

¶976

RESPONDENT EXHIBITS

¶977

`Exhibit R`	`A true copy of the Standing Order (Standard`
`7 [ a ]`	`Operating Procedure) dated 15.11.2017 relating to` `station canteens under Station Head quarters (Army)` `Kochi`
`Exhibit R`	`A true copy of the relevant pages of the Paras`
`7 [ b ]`	`52,53 and 54 of Ext.R6(a) was amended as per`
	`communication dated 27.4.2019 issued by the office`

¶978

107

¶979

¶980

	`of the Station`	`Head`	`Quarters (Army)`
`Exhibit R 7` `[ c ]`	`A true copy of` `amended later,` `communication d` `of the Station`	`the` `whi` `ated` `Comm`	`Para 53 (1 ) was further` `ch would be evidenced from` `28..7..2020 issued on behalf` `ander`
`Exhibit R` `7 [ d ]`	`A true copy of` `by the Station` `appointed as As` `Canteen ,Alappu` `1.12.2022 to 3`	`the` `Comm` `sist` `zha` `1.12`	`letter dated 30.11.2022 issued` `ander whereby the petitioner was` `ant Manager at Station` `for a period of 31 days w.e.f` `.2022 along with typed copy`
`Exhibit R` `7 [ e ]`	`A true copy of` `by the Station`	`the` `Comm`	`order dated 2.1.2023 issued` `ander along with typed copy`
`Exhibit R` `7 [ f ]`	`A true copy of` `by the Station`	`the` `Comm`	`order dated 28.2.2023 issued` `ander`
`Exhibit R` `7 [ g ]`	`A true copy of` `by the Station` `the petitioner` `1.4.2023 to 30.`	`the` `Comm` `was` `4.20`	`order dated 28.4.2023 issued` `ander evidencing the fact that` `engaged on daily wage basis from` `23`
`Exhibit R` `7 [ h ]`	`A true copy of` `along with info` `Right to Infor` `Commander`	`the` `rmat` `mati`	`covering letter dated 1.9.2023` `ion provided there under the` `on Act, by the Station`

¶981

108

¶982

¶983

APPENDIX OF WP(C) 456/2023

¶984

PETITIONER EXHIBITS

¶985

`Exhibit`	`P1` `TRUE COPY OF THE LETTER DATED 12.03.2019 WITH` `REGARD TO THE PETITIONER'S INITIAL APPOINTMENT`
`Exhibit`	`P2` `TRUE COPY OF THE COMMUNICATIONS DATED 19.01.2021` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit`	`P3` `TRUE COPY OF THE COMMUNICATION DATED 13.10.2021` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit`	`P4` `TRUE COPY OF THE COMMUNICATION DATED 01.12.2022` `ISSUED BY THE STATION COMMANDER, STATION HEAD` `QUARTER (ARMY), KOCHI`
`Exhibit`	`P5` `TRUE COPY OF THE RELEVANT PAGES OF STANDING` `OPERATING PROCEDURES (SOP) DATED 15.11.2017`
`Exhibit`	`P6` `TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP© NO.25202/2020 PASSED BY THIS HONOURABLE` `COURT`
`Exhibit`	`P7` `TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25209/2020 PASSED BY THIS` `HONOURABLE COURT.`
`Exhibit`	`P8` `TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25213/2020 PASSED BY THIS` `HONOURABLE COURT`

¶986

RESPONDENT EXHIBITS

¶987

`Exhibit`	`True copy of`	`the contractual agreement dated`
`R1(a)`	`03.01.2022`
`Exhibit`	`True copy of`	`the amended Standard Operating`
`R1(b)`	`Procedure (SO`	`P)`

¶988

109

¶989

¶990

APPENDIX OF WP(C) 1548/2023

¶991

`PETITIONER EX` `Exhibit P1`	`HIBITS` `TRUE` `IN WP` `COURT`	`COPY` `(C) N`	`OF THE` `O.30679`	`INTERIM` `/2021`	`ORDER DATED 23.12.2021` `PASSED BY THIS HONOURABLE`
`Exhibit P2`	`TRUE` `24.06`	`COPY` `.2022`	`OF THE` `ISSUED`	`SUSPENSI` `TO THE`	`ON ORDER DATED` `PETITIONER`
`Exhibit P3`	`TRUE` `SUBMI`	`COPY` `TTED`	`OF THE` `BY THE`	`EXPLANAT` `PETITION`	`ION DATED 11.07.2022` `ER`
`Exhibit P4`	`TRUE` `26.09` `PETIT`	`COPY` `.2022` `IONER`	`OF THE` `ISSUED`	`TERMINAT` `BY THE`	`ION LETTER DATED` `5TH RESPONDENT TO THE`
`Exhibit P5`	`TRUE` `SUBMI` `PETIT`	`COPY` `TTED` `IONER`	`OF THE` `BEFORE` `.`	`REQUEST` `THE 5TH`	`DATED 11.10.2022` `RESPONDENT BY THE`
`Exhibit P6`	`TRUE` `SUBMI` `PETIT`	`COPY` `TTED` `IONER`	`OF THE` `BEFORE` `ALONG`	`REMINDER` `THE 5TH` `WITH WIT`	`DATED 17.12.2022` `RESPONDENT BY THE` `H AD CARD`
`Exhibit P7`	`TRUE` `(SOP)`	`COPY` `ISSU`	`OF THE` `ED BY`	`STANDING` `5TH RESP`	`OPERATING PROCEDURES` `ONDENT. (RELAVENT PAGES)`
`Exhibit P8`	`TRUE` `RESPO`	`COPY` `NDENT`	`OF THE` `S NO.1`	`STATEMEN` `TO 6 IN`	`T FILED BY THE` `WP(C) NO. 25698/2022`

¶992

110

¶993

¶994

APPENDIX OF WP(C) 13827/2023

¶995

PETITIONER EXHIBITS

¶996

`Exhibit`	`P1` `TRUE COPY OF THE APPOINTMENT LETTER DATED` `30.04.2021ISSUED TO THE PETITIONER`
`Exhibit`	`P2` `TRUE COPY OF THE EXTENSION ORDER DATED` `23.02.2023 ISSUED BY THE 5TH RESPONDENT TO THE` `PETITIONER`
`Exhibit`	`P3` `TRUE COPY OF THE REQUEST DATED 31.03.2023` `SUBMITTED BEFORE THE 5TH RESPONDENT.`
`Exhibit`	`P4` `TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25202/2020 PASSED BY THIS` `HONOURABLE COURT.`
`Exhibit`	`P5` `TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25209/2020 PASSED BY THIS` `HONOURABLE COURT.`
`Exhibit`	`P6` `TRUE COPY OF THE INTERIM ORDER DATED 17.11.2020` `IN WP(C) NO.25213/2020 PASSED BY THIS` `HONOURABLE COURT.`
`Exhibit`	`P7` `THE COPY OF THE STANDING OPERATING PROCEDURE` `ISSUED IN THE YEAR 2017 DATED NIL (RELEVANT PAGES)`

¶997

111

¶998

¶999

APPENDIX OF WP(C) 16984/2023

¶1000

PETITIONER EXHIBITS

¶1001

`Exhibit`	`P 1`	`A TRUE` `SATHEES` `DATED 3`	`COPY OF` `H KUMAR` `0.12.202`	`THE APP` `V N LT.` `2`	`OINTMENT ORDER ISSUED BY` `COL, ADM COMDT FOR STN CDR`
`Exhibit`	`P 2`	`A TRUE`	`COPY OF`	`THE AGR`	`EEMENT DATED 09 FEB 2023`
`Exhibit`	`P 3`	`A TRUE` `MANAGER` `[ CORRE`	`COPY OF` `ISSUED` `CTED AS`	`THE ASS` `BY 5TH` `2023 ]`	`UMPTION OF CHARGES AS ASST` `RESPONDENT DATED 5..1..2022`
`Exhibit`	`P 4`	`A TRUE` `OF 7TH` `02.01.2`	`COPY OF` `RESPONDE` `023`	`THE ONE` `NT ON D`	`OF THE ORDERS OF ENGAGEMENT` `AILY WAGE BASIS DATED`
`Exhibit`	`P 5`	`A TRUE` `PETITIO` `18.04.2`	`COPY OF` `NER BEFO` `023`	`THE COM` `RE THE`	`PLAINT SUBMITTED BY THE` `STATION COMMANDER DATED`
`Exhibit`	`P 6`	`A TRUE` `PETITIO` `18.04.2`	`COPY OF` `NER BEFO` `023`	`THE REP` `RE THE`	`RESENTATION SUBMITTED BY THE` `STATION COMMANDER DATED`
`Exhibit`	`P 7`	`A TRUE` `PURAKEL`	`COPY OF` `[ RETD`	`THE WAR` `] COL`	`NING LETTER ISSUED BY JOSEPH` `, MANAGER DATED 04.5.2023`
`Exhibit`	`P 8`	`A TRUE` `W.P. [`	`COPY OF` `C ] 453`	`THE ORD` `OF 2023`	`ER OF THIS HON'BLE COURT IN` `DATED 06.01.23`
`Exhibit`	`P 9`	`A TRUE` `DATED 0`	`COPY OF` `4 .10.20`	`ADVERTI` `23`	`SEMENT IN MATHIRBHOOMI DAILY`

¶1002

112

¶1003

¶1004

APPENDIX OF WP(C) 22466/2021

¶1005

PETITIONER EXHIBITS

¶1006

`Exhibit P1`	`TRUE COPY OF THE` `ISSUED IN FAVOUR`	`APPOIN` `OF THE`	`TMENT LETTER DATED 2.1.2019` `FIRST PETITIONER.`
`Exhibit` `P1(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 11.11.2020 ISSUED BY`
`Exhibit P2`	`TRUE COPY OF THE` `ISSUED IN FAVOUR`	`APPOIN` `OF THE`	`TMENT LETTER DATED 29.5.2017` `2ND PETITIONER.`
`Exhibit` `P2(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 28.2.2021 ISSUED BY`
`Exhibit P3`	`TRUE COPY OF THE` `ISSUED IN FAVOUR`	`APPOIN` `OF THE`	`TMENT LETTER DATED 29.5.2017` `3RD PETITIONER.`
`Exhibit` `P3(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 25.2.2021 ISSUED BY`
`Exhibit P4`	`TRUE COPY OF THE` `ISSUED IN FAVOUR`	`APPOIN` `OF THE`	`TMENT LETTER DATED 19.5.2018` `4TH PETITIONER.`
`Exhibit` `P4(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 11.5.2020 ISSUED BY`
`Exhibit` `P4(b)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 19.4.2021 ISSUED BY`
`Exhibit P5`	`TRUE COPY OF THE` `ISSUED IN FAVOUR`	`APPOIN` `OF THE`	`TMENT LETTER DATED 2.1.2019` `5TH PETITIONER.`
`Exhibit` `P5(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 23.11.2020 ISSUED BY`
`Exhibit P6`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 28.1.2020 ISSUED BY`
`Exhibit` `P6(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 31.12.2020 ISSUED BY`
`Exhibit P7`	`TRUE COPY OF THE` `ISSUED IN FAVOUR`	`APPOIN` `OF THE`	`TMENT LETTER DATED 2.1.2019` `7TH PETITIONER.`
`Exhibit` `P7(a)`	`TRUE COPY OF THE` `THE 5TH RESPONDE`	`ORDER` `NT.`	`DATED 11.11.2020 ISSUED BY`

¶1007

113

¶1008

WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466,

¶1009

23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023

¶1010

`Exhibit`	`P8` `TRUE` `(SOP)`	`COPY OF THE STANDING OPERATING PROCEDURES` `DATED 30.9.2002 ISSUED BY 5TH RESPONDENT.`
`Exhibit`	`P9` `TRUE` `11011`	`COPY OF THE COMMUNICATION NO.D.O.NO.M-` `/08/2020-MEDIA DATED 20.3.2020.`
`Exhibit`	`P10` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25202/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P11` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25209/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P12` `TRUE` `WP(C)` `COURT`	`COPY OF THE INTERIM ORDER DATED 17.11.2020 IN` `NO.25213/2020 PASSED BY THIS HONOURABLE` `.`
`Exhibit`	`P13` `TRUE` `WITH`	`COPY OF THE GUIDELINES DATED 11/8/2014 ALONG` `TYPED COPY`

¶1011

114

¶1012

¶1013

APPENDIX OF WP(C) 23782/2021

¶1014

PETITIONER EXHIBITS

¶1015

`Exhibit P1`	`TRUE COPY OF THE APPOINTMENT LETTER DATED 25.6.2009` `ISSUED TO THE 1ST PETITIONER`
`Exhibit P2`	`TRUE COPY OF THE CERTIFICATE DATED 27.3.2020 ISSUED` `BY THE MANAGER EX-SERVICEMEN, UNIT RUN CANTEEN,` `KOLLAM ISSUED TO THE 2ND PETITIONER`
`Exhibit P3`	`TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH` `RESPONDENT TO THE 2ND PETITIONER`
`Exhibit P4`	`TRUE COPY OF THE STANDING OPERATING PROCEDURES` `(SOP) DATED 30.9.2002 ISSUED BY 5TH RESPONDENT`
`Exhibit P5`	`TRUE COPY OF THE CERTIFICATE SHOWING THE CONTINUED` `EMPLOYMENT OF THE PETITIONER NO 1 IN THE UNIT RUN` `CANTEEN`
`Exhibit P6`	`TRUE COPY OF THE INTIMATION DATED 29.1.2021 ISSUED` `IN THE NAME OF 1ST PETITIONER`
`Exhibit P7`	`TRUE COPY OF THE REPRESENTATION DATED 6.2.2021` `SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH` `RESPONDENT`
`Exhibit P8`	`TRUE COPY OF THE REPRESENTATION DATED 12.2.2021` `SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH` `RESPONDENT`
`Exhibit P9`	`TRUE COPY OF THE ORDER DATED 22.6.2021 PASSED BY TH` `5TH RESPONDENT`
`Exhibit P10`	`TRUE COPY OF THE COMMUNICATION NO D. NO M-` `11011/08/2020-MIDIA DATED 20.3.2020 ISSUED BY THE` `1ST RESPONDENT`
`Exhibit P11`	`THE TRUE COPY OF THE GUIDELINES DATED 11/8/2014` `ALONG WITH TYPED COPY`

¶1016

115

¶1017

¶1018

APPENDIX OF WP(C) 27386/2020

¶1019

PETITIONER EXHIBITS

¶1020

`Exhibit`	`P9` `THE TRUE COPY OF` `ALONG WITH TYPED`	`THE GUID` `COPY`	`ELINES DATED 11/8/2014`
`EXHIBIT`	`P2` `TRUE COPY OF THE` `13.01.2014 ISSUED`	`APPOINTM` `TO THE`	`ENT LETTER DATED` `2ND PETITIONER.`
`EXHIBIT`	`P3` `TRUE COPY OF THE` `13.01.2014 ISSUED`	`APPOINTM` `TO THE`	`ENT LETTER DATED` `3RD PETITIONER.`
`EXHIBIT`	`P4` `TRUE COPY OF THE` `11011/08/2020 MED`	`COMMUNIC` `IA DATED`	`ATIN NO.DO NO.M-` `20.03.2020.`
`EXHIBIT`	`P1` `TRUE COPY OF THE` `10.04.2014 ISSUED`	`APPOINTM` `TO THE`	`ENT LETTER DATED` `1ST PETITIONER.`
`EXHIBIT`	`P6` `TRUE COPY OF THE` `WPC NO.25202/2020`	`INTERIM` `PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`EXHIBIT`	`P7` `TRUE COPY OF THE` `WPC NO.25209/2020`	`INTERIM` `PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`EXHIBIT`	`P8` `TRUE COPY OF THE` `WPC NO.25213/2020`	`INTERIM` `PASSED`	`ORDER DATED 17.11.2020 IN` `BY THIS HONOURABLE COURT.`
`EXHIBIT`	`P5` `TRUE COPY OF THE` `BY THE PETITIONER` `SEEKING THEIR RET`	`REQUEST` `S BEFORE` `ENTION I`	`DATED 20.10.2020 SUBMITTED` `THE 5TH RESPONDENT` `N SERVICE.`

¶1021

116

¶1022

¶1023

APPENDIX OF WP(C) 25635/2023

¶1024

PETITIONER EXHIBITS

¶1025

Exhibit P1TRUE COPY OF THE APPOINTMENT LETTER OF PETITIONER
DATED 30/11/2010

¶1026

Exhibit P2TRUE COPY OF GUIDELINES ISSUED BY ARMY HEADQUARTERS
NUMBER 96029/Q/DDGCS DATED 11TH AUGUST 2014

¶1027

Exhibit P3TRUE COPY OF THE TERMINATION LETTER DATED 31/7/2023
Exhibit P4THE COPY OF THE INTERIM ORDER IN WP(C) NO. 10636/
2019 DATED 12/4/2019

¶1028

RESPONDENT ANNEXURES

¶1029

`Annexure` `R5(a)`	`A true copy of the letter dated 16.03.2023 written` `by Smt. K. Vijayalakshmi amma`
`Annexure` `R5(b)`	`A true copy of the written statement and answers to` `the questions which were read over to the` `petitioner`
`Annexure` `R5(c )`	`A true copy of the opinion of the BOO`

¶1030

117

¶1031

¶1032

APPENDIX OF WP(C) 25814/2023

¶1033

PETITIONER EXHIBITS

¶1034

`Exhibit P1`	`COPY OF THE GUIDE`	`LINES DATED 11/8/2014`
`Exhibit P2`	`TRUE COPY OF THE` `EMPLOYMENT, SELEC` `SUPERANNUATION OF`	`RELEVANT PORTION CONCERNING THE` `TION OF STAFF AS WELL AS` `EMPLOYEES IN SOP`
`Exhibit P3`	`TRUE COPY OF THE` `PETITIONER DATED`	`APPOINTMENT LETTER OF THE 1ST` `5/4/2021`
`Exhibit P4`	`TRUE COPY OF THE` `PETITIONER DATED`	`APPOINTMENT LETTER OF THE 2ND` `12/7/2021`
`Exhibit P5`	`TRUE COPY OF THE` `PETITIONER DATED`	`APPOINTMENT LETTER OF THE 3RD` `21/8/2015`
`Exhibit P6`	`TRUE COPY OF THE` `PETITIONER DATED`	`TERMINATION LETTER OF THE 1ST` `31/7/2023`
`Exhibit P7`	`TRUE COPY OF THE` `PETITIONER DATED`	`TERMINATION LETTER OF THE SECOND` `31/7/2023`
`Exhibit P8`	`TRUE COPY OF THE` `PETITIONER DATED`	`TERMINATION LETTER OF THIRD` `31/7/2023`

¶1035

RESPONDENT ANNEXURES

¶1036

`Annexure`	`A true copy of the`	`letter dated 16.03.2023 written`
`R5(a)`	`by Smt. K. Vijayala`	`kshmi amma`
`Annexure` `R5(b)`	`A true copy of the`	`opinion of the BOO`

¶1037

118

¶1038

¶1039

APPENDIX OF WP(C) 17289/2023

¶1040

PETITIONER EXHIBITS

¶1041

`Exhibit P1` `THE` `TO`	`COPY` `THE PE`	`OF THE` `TITION`	`LETTER DATED 28.07.2021 WITH REGARD` `ER'S INITIAL APPOINTMENT`
`Exhibit P2` `THE` `ISS` `QUA`	`COPY` `UED BY` `RTER (`	`OF THE` `THE S` `ARMY),`	`COMMUNICATION DATED 04.07.2022` `TATION COMMANDER, STATION HEAD` `KOCHI`
`Exhibit P3` `THE` `OPE`	`COPY` `RATING`	`OF THE` `PROCE`	`RELEVANT PAGES OF STANDING` `DURES (SOP)`
`Exhibit P4` `THE`	`COPY`	`OF THE`	`REPRESENTATION DATED 26.05.2023`
`Exhibit P5` `THE` `PAS`	`COPY` `SED IN`	`OF THE` `WP(C)`	`INTERIM ORDER DATED 17.11.2020 AND` `NO. 25202/2020`
`Exhibit P6` `THE` `PAS`	`COPY` `SED IN`	`OF THE` `WP(C)`	`INTERIM ORDER DATED 17.11.2020 AND` `NO. 25029/2020`
`Exhibit P7` `THE` `PAS`	`COPY` `SED IN`	`OF THE` `WP(C)`	`INTERIM ORDER DATED 17.11.2020 AND` `NO. 25213/2020`

¶1042

RESPONDENT ANNEXURES

¶1043

`Annexure` `R5(a)`	`A true copy of the agreement entered into between` `the petitioner and the Station Commander,` `Trivandrum and Kochi (Army) dated 30.07.2021`
`Annexure` `R5(b)`	`A true copy of the agreement entered into between` `the petitioner and the Station Commander,` `Trivandrum and Kochi (Army) dated 26.07.2022`
`Annexure` `R5(c)`	`A true copy of the relevant portion of the` `Operating Guidelines for Station Canteens under` `Station Headquarters (Army) Kochi, dated 27.04.2019`
`Annexure` `R5(d)`	`A true copy of the relevant portion of the` `Operating Guidelines for Station Canteens under` `Station Headquarters (Army) Kochi, dated 28.07.2019`

¶1044

119

¶1045

¶1046

APPENDIX OF WP(C) 2517/2020

¶1047

RESPONDENT EXHIBITS

¶1048

`Exhibit` `R4(a)`	`A true copy of the AO/19/2003/QMG issued by the` `Quartermaster General's Branch`
`Exhibit` `R4( c )`	`A true copy of the letter No. 96029/Q/DDGCS issued` `by the Deputy Directorate General Canteen Services` `for Quarter Master General dated 10-02-1995`
`Exhibit` `R4(b)`	`A true copy of the letter No BOCCS /00181 / Q / CAN` `/ 5469 / D (MOV) issued by the Under Secretary` `(Ministry of Defense) dated 27-10-1977`
`Exhibit` `R4(d )`	`A true copy of the agreement/affidavit executed by` `the First Petitioner`
`Exhibit` `R4(e)`	`A true copy of the agreement/affidavit executed by` `the Second Petitioner`
`Exhibit` `R4(f)`	`A true copy of the agreement/affidavit executed by` `the Third Petitioner`
`Exhibit` `R4(g)`	`A true copy of the agreement/affidavit executed by` `the Fourth Petitioner`
`Exhibit` `R4(h)`	`A true copy of the agreement/affidavit executed by` `the Fifth Petitioner`
`Exhibit` `R4(i)`	`A true copy of the agreement/affidavit executed by` `the Sixth Petitioner`
`Exhibit` `R4(j)`	`A true copy of the agreement/affidavit executed by` `the Seventh Petitioner`
`Exhibit` `R4(k)`	`A true copy of the agreement/affidavit executed by` `the Eighth Petitioner`
`Exhibit` `R4(l)`	`A true copy of the agreement/affidavit executed by` `the Ninth Petitioner`
`Exhibit` `R4(m)`	`A true copy of the agreement/affidavit executed by` `the Tenth Petitioner`

¶1049

PETITIONER ANNEXURES

¶1050

ANNEXURE A3A TRUE COPY OF THE AFFIDAVIT DATED 11.03.2020
SIGNED BEFORE THE ADVOCATE NOTARY BY THE

¶1051

120

¶1052

¶1053

CW1/RESPONDENT NO.2 ALONG WITH A COPY OF HER AADHAR CARD

¶1054

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED 29.04.2017 IN CRIME NO.697/2017 AS NUMBERED AS CP NO.23/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA

¶1055

ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 17.02.2017 IN CRIME NO.697/2017 OF PALA POLICE STATION

¶1056

EXHIBIT P4TRUE COPY OF THE PAPER PUBLICATION DATED 17.12.2019

¶1057

EXHIBIT P3TRUE COPY OF THE AMENDMENTS IN SOP DATED 5.7.2019

¶1058

EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION CONCERNING THE EMPLOYMENT, SELECTION OF STAFF AS WELL AS SUPERANNUATION OF EMPLOYEES IN SOP

¶1059

EXHIBIT P1TRUE COPY OF THE GUIDE LINES DATED 11.8.2014

¶1060

121

¶1061

¶1062

APPENDIX OF WP(C) 25202/2020

¶1063

APPENDIX OF WP(C) 25202/2020

¶1064

PETITIONER EXHIBITS

¶1065

P1TRUE COPY OF THE GUIDE LINES DATED 11/08/2014.

¶1066

P2TRUE COPY OF THE RELEVANT PAGES OF SOP.

¶1067

P3TRUE COPY OF THE AMENDMENTS IN SOP DATED 05/07/
XP4COPY OF THE APPOINTMENT LETTER OF 1ST PETITIONE

¶1068

P4(A)COPY OF THE APPOINTMENT LETTER OF 2ND PETITIONE
P4(B)COPY OF THE APPOINTMENT LETTER OF 3RD PETITIONE

¶1069

P4(C)COPY OF THE APPOINTMENT LETTER OF 4TH PETITIONE

Ex.Sub. Revi Kumar.K.D v. Union of India

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Ex.Sub. Revi Kumar.K.D v. Union of India

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