✦ High Court of India · 09 Oct 2019

The High Court · 2019

Case Details High Court of India · 09 Oct 2019

Court

High Court of India

Decided

09 Oct 2019

Bench

K VINOD CHANDRAN V G ARUN

Length

1,291 words

BY ADV. SMT.REKHA VASUDEVAN OP(KAT).No.397 OF 2019 ..3.. RESPONDENT/S: 1 2 3 4 5 6 7 8 9 ANANDAKUMAR.R,AGED 46 YEARS SON OF LATE RAMACHANDRAN PILLAI, GRADE ASI (CPO 4519) SPECIAL BRANCH, ALAPPUZHA, RESIDING AT AVANI, PALLARIMANGALAM P.O, ALAPPUZHA, KERALA 688 001 AJAYAKUMAR B,AGED 47 YEARS SON OF BHARGAVAN, GRADE ASI (CPO 4490), KAYAMKULAM POLICE STATION RESIDING AT SUMANGALATH, , KANDALLOOR NORTH, PATTADI MARKET P.O, KAYAMKULAM , KERALA 688 001 GIRISH KUMAR V,AGED 47 YEARS SON OF P N VASU, GRADE ASI (CPO 4495), PULINKIUNNU POLICE STATION, ALAPPUZHA, RESIDING AT THEKKETHAZHCHAYIL, PUNNAPRA P.O, ALAPPUZHA 688 001 STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 695 014 THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERENAKULAM KOCHI 695 004, KERALA THE DISTRICT POLICE CHIEF, ALAPPUZHA P.O, KERALA SRI BIJESH KUMAR M.S, CPO A-4525, TRAFFIC POLICE UNIT, KAYAMKULAM P.O, ALAPPUZHA, KERALA 680 001 SRI BAIJU G, CPO A-4526, EDATHUA POLICE STATION, EDATHUA P.O, ALAPPUZHA , KERALA 688 001 10 SRI MADHU V, CPO A-4527, VENMONY POLICE STATION, VENMONY P.O, ALAPPUZHA DISTRICT, KERALA 688 001 SR.GP SRI.P.N.SANTHOSH THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT).No.397 OF 2019 ..4.. JUDGMENT VINOD CHANDRAN,J. Respectfully following the judgment in O.P.(KAT) No.147 of 2019, the above original petition is allowed. The very reasoning therein will apply to this original petition also. The original petition is allowed. No order as to costs. Sd/- K.VINOD CHANDRAN JUDGE Sd/- V.G.ARUN JUDGE SB/09.10.2019 OP(KAT).No.397 OF 2019 ..5.. APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION (O.A(EKM) NO. 1430 OF 2017 FILED BY THE RESPONDENTS 1 TO 3 ON THE FILES OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P1(A1) EXHIBIT P1(A2) EXHIBIT P1(A3) EXHIBIT P1(A4) EXHIBIT P1(A5) EXHIBIT P1(A6) EXHIBIT P1(A7) EXHIBIT P1(A8) EXHIBIT P1(A9) EXHIBIT P1(A10) EXHIBIT P1(A11) COPY OF THE G.O(P) NO 33/89/HOM DATED 10-03- 1989 ISSUED BY THE GOVERNMENT COPY OF THE G.O(P) NO. 125/80/HOME DATED 26- 12-1980 ISSUED BY THE GOVERMENT COPY OF THE ORDER NO. L6/38968/2011 DATED 27-02-2012 ISSUED BY THE 2ND RESPONDENT COPY OF THE LEGAL PINION DATED 01-0-2013 OBTAINED UNDER THE RIGHT TO INFORMATION ACT TO SRI JOHN VARGHESE COPY OF THE LEGAL OPINION DATED 01-0-2013 OBTAINED UNDER THE RIGHT TO INFORMATION ACT TO SRI JOHN VARGHESE COPY OF THE ORDER NO. L6/105320/2013 DATED 21-10-2013 ISSUED BY THE 3RD RESPONDENT COPY OF THE ORDER L6/44158/2013 DATED 23-10- 2013 ISSUED BY THE 3RD RESPONDENT COPY OF THE MINUTES OF THE MEETING DATED 06- 11-2013 OF THE HIGH LEVEL MEETING COPY OF THE LETTER NO. L6/44158/2013 DATED 02-12-2013 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT COPY OF THE LETTER NO. L6/44158/2013 DATED 10-12-2013 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPPONDENT COPY OF THE DECISION DATED 17-10-2014 OBTAINED BY SRI PADMAKUMAR UNDER RIGHT TO INFORMATION ACT FROM THE ST RESPONDENT EXHIBIT P1 (A12) COPY OF THE COMMUNICATION DATED 18-12-2014 RECEIVED BY SRI PADMAKUMAR FORM THE 1ST OP(KAT).No.397 OF 2019 ..6.. EXHIBIT P1(A13) EXHIBIT P1(A14) EXHIBIT P1(A15) RESPONDENT UNDER RIGHT TO INFORMATION ACT COPY OF THE G.O(P) NO. 37/2015/HOME DATED 26-02-2015 ISSUED BY THE GOVERNMENT. COPY OF THE D.O NO. 309/17 DATED 01-06-2017 ISSUED BY THE 4TH RESPONDENT COPY OF THE NOTIFICATION G.O(P) NO. 28/2017/HOME DATED 16-02-2017 ISSUED BY THE GOVERNMENT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 14-12-2017 IN OA (EKM) 1430 OF 2017 AND CONNECTED CASES OF THE KEERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P3 TRUE COPY OF THE REVIEW APPLICATION FILED BY THE PETITIONERS ON THE FILES OF THE HONOURABLE TRIBUNAL ALONG WITH THE ANNEXURES, MA TO JOHN TOGETHER, MA SEEKING LEAVE AND MA FOR STAY EXHIBIT P3(RA2) EXHIBIT P3(RA3) EXHIBIT P3(RA4) EXHIBIT P3(RA5) EXHIBIT P3(RA6) EXHIBIT P3(RA7) EXHIBIT P3(RA8) COPY OF THE INTERIM ORDER DATED 20-12-2017 IN OP(KAT) 506 OF 2017 OF THE HONOURABLE HIGH COURT COPY OF THE INTERIM ORDER DATED 12-03-2018 IN OP(KAT) NO. 102/2018 OF THE HONOURABLE HIGH COURT COPY OF THE COMMON ORDER DATED 31-10-2018 IN IA 6/2018 IN OP(KAT) 506 OF 2017 OF THE HONOURABLE HIGH COURT COPY OF THE ORDER NO. A3-74876/2018/A DATED 23-11-2018 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE PROVISIONAL SENIORITY LIST COPY OF THE ORDER NO. A4 43500/07A DATED 02- 02-2009 ISSUED BY THE SUPERINTENDENT OF POLICE , ALAPPUZHA ALONG WITH THE SENIORITY COPY OF THE ORDER NO. ADO NO. 640/2013 DATED 20-12-2013 DATED 20-12-2013 ISSUED BY THE 3RD RESPONDENT copy of the partially modified list of senior civil police officers bearing no. a3- 15149/2018 /a dated 23-11-2018 issued by the district police chief Alappuzha OP(KAT).No.397 OF 2019 ..7.. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13-02-2019 IN RA(EKM) NO. 13 OF 2019 OF THE HONOURABLE TRIBUNAL EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 07-08-2019 IN OP(KAT) 147/2019 AND CONNECTED CASES OF THIS HONOURABLE COURT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 06-09-2019 IN SLP (CIVIL) DAIRY NUMBER 30516 OF 2019 OF THE HONOURABLE SUPREME COURT. RESPONDENTS EXTS: NIL // TRUE COPY // P.A TO JUDGE

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