KRISHNA KUMAR v. KRISHNA BHAVAN, ELANGAMANGALAM, ENATHU, PATHANAMTHITTA, PIN

BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..7.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 60 OF 2023 AGAINST THE ORDER DATED 21.10.2022 IN OA 1842/2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/APPLICANT IN OA: SHELNA.K., AGED 40 YEARS, W/O. RAJEEVAN, CHANGALADANKANDI HOUSE, KUTTIYATTOOR, KANNUR DISTRICT,, PIN – 670 602 BY ADV O.D.SIVADAS RESPONDENTS/RESPONDENTS IN OA: 1 2 3 4 THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM, PIN – 695 023 THE DISTRICT MEDICAL OFFICER, (HOMOEO), DISTRICT MEDICAL OFFICE, CIVIL STATION , KANNUR-, PIN – 670 002 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM,, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KANNUR, PIN. O.P (KAT) No.181 of 2022 and connected cases ..8.. 670002, PIN – 670 002 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..9.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 140 OF 2022 AGAINST THE ORDER/JUDGMENT OA 1059/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS IN OA: 1 2 3 RANI. M., AGED 41 YEARS, W/O SANIL KUMAR, DHARSWANI BHVAN, VITTITODE, PARASSALA, THIRUVANANTHAPURAM., PIN – 695 502 SHALINI.C. J, AGED 36 YEARS, SANTHOSH BHAVAN, EDAMANAKUZHI, ANTHIYOOR, BALARAMAPURAM, THIRUVANANTHAPURAM, PIN 695 501. ANJU.S., AGED 31 YEARS, V.P.SADANAM, VELLAKETTUVILA, NEMAM.P.O., THIRUVANANTHAPURAM, PIN 695 020. BY ADV O.D.SIVADAS RESPONDENTS/RESPONDENTS IN OA: 1 2 3 THE DIRECTOR OF HOMOEOPATHY AND OTHERS, DIRECTORATE, EAST FORT, THIRUVANANTHAPURAM, PIN – 695 023 THE DEPUTY DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM,, PIN – 695 023 THE DISTRICT MEDICAL OFFICER, (HOMOEO) DISTRICT MEDICAL OFFICE, THIRUVANANTHAPURAM, PIN O.P (KAT) No.181 of 2022 and connected cases ..10.. 4 5 6 695 023., THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM,, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM, PIN – 695 004 KUMARI.S., NURSING ASSISTANT, GOVERNMENT HOMOEO HOSPITAL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN – 695 101 *7 *RAJINI.G, ATTENDER GRADE - II, GOVERNMENT HOMOEO DISPENSARY, VENGANOOR, THIRUVANANTHAPURAM DISTRICT,PIN-695 523. (*DELETED) * THE 7TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS VIDE ORDER DATED 6/12/2022 IN IA 2/2022 IN OP(KAT) 140/2022. 8 KUSUMAM ALEXANDER, NURSING ASSISTANT, PATTOM THANU PILLI MEMORIAL GOVERNMENT HOMOEO HOSPITAL, PAZHAVANGADI, PAVITHRA NAGAR, CHALAI, THIRUVANANTHAPURAM, PIN – 695 023. THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..11.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 147 OF 2022 AGAINST THE ORDER/JUDGMENT OA 1231/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS IN OA: 1 2 3 4 DIVYAMOL. T. C., AGED 39 YEARS, W/O. DEEPTH.R. THALAMUDITHARA, CHEMMANATHUKARA.P. O. , VAIKOM, KOTTAYAM, PIN – 686 606 DINEESH K.M, AGED 32 YEARS, S/O. MURALEEDHARAN, AGED 32 YEARS, KADAPPURAMTHU HOUSE, KULAYATTIKARA.P.0. , KEECHERY, ARAYANKAVU, ERNAKULAM, PIN – 682 305 VIJIMOL.V.J, AGED 38 YEARS, W/O ANEESH C RAGHAVAN ANEESH BHAVAN, KULAYATTIKARA.P.O. , ARAYANKAVU, ERNAKULAM, PIN – 682 305 ARCHANA.R.NAIR, AGED 41 YEARS, W/O. BIJU.K.U, KRISHNAPURAM HOUSE, THALAPPUAM, PLASSANAL.P.O KOTTAYAM, PIN – 686 579 BY ADV O.D.SIVADAS RESPONDENTS/RESPONDENTS IN OA: 1 2 THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM,, PIN – 695 023 THE DEPUTY DIRECTOR OF HOMOEOPATHY, DIRECTORATE, O.P (KAT) No.181 of 2022 and connected cases ..12.. 3 4 5 *6 *7 *8 *9 EAST FORT, THIRUVANANTHAPURAM, PIN – 695 023 THE DISTRICT MEDICAL OFFICER, (HOMOEO), DISTRICT MEDICAL OFFICE, KOTTAYAM, PIN – 685 023 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOTTAYAM, PIN – 695 004 * SULOCHANA.E.B, NURSING ASSISTANT, GOVERNMENT HOMEO HOSPITAL, KURICHI, KOTTAYAM,PIN-686 532. (*DELETED) * JANET JOHN, NURSING ASSISTANT, GOVERNMENT HOMEO HOSPITAL, KURICHI, KOTTAYAM,PIN-686 532. (*DELETED) * SHEEBA JOSEPH.E.B., NURSING ASSISTANT, GOVERNMENT HOMEO HOSPITAL, KURICHI, KOTTAYAM, PIN-686 532. (*DELETED) *SREELATHA. C. K, NURSING ASSISTANT, GOVERNMENT HOMEO HOSPITAL, KURICHI, KOTTAYAM, PIN-686 532. (*DELETED) *10 *SHINYMOL, NURSING ASSISTANT, GOVERNMENT HOMEO HOSPITAL, PALAI, PIN- 686 574. (*DELETED). * R6 TO R10 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS AS PER ORDER DATED 6/12/2022 IN IA 2/2022 IN OP (KAT) 147/2022., PIN - 686574 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..13.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 153 OF 2022 AGAINST THE ORDER/JUDGMENT IN OA 108/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/APPLICANT IN OA: SAJEENA T.J, AGED 41 YEARS, W/O KUNJUMON, RESIDING AT KALATHIL RAHUMATH MANZHIL, KOTTANKULANGRA, KAYAMKULAM. P.O., ALAPUZHA, PIN – 690 502. BY ADV O.D.SIVADAS RESPONDENTS/RESPONDENTS: 1 2 3 4 5 THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM, PIN – 695 023 THE DEPUTY DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM, PIN – 695 023 THE DISTRICT MEDICAL OFFICER (HOMOEO), DISTRICT MEDICAL OFFICE, SUDHA COMPLED, ALAPUZHA NORTH, ALAPUZHA, PIN – 688 077 THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPUZHA, PIN – 688 O.P (KAT) No.181 of 2022 and connected cases ..14.. 012 SANDHYA.R, ATTENDER GRADE - II, GOVERNMENT HOMOEO DISPENSARY, PULIYOOR, ALAPUZHA DISTRICT, PIN – 689 510 AJITH ALIKHAN, ATTENDER GRADE - II, GOVERNMENT HOMOEO DISPENSARY, KAINADY, ALAPUZHA DISTRICT, PIN – 688 506 SUKANYAMOL, ATTENDER GRADE - II, GOVERNMENT HOMOEO DISPENSARY, PANAVALLY, ALAPUZHA DISTRICT, PIN – 688 526 SREEJA.T.J, W/O. ANIRAJ.T.S., ATTENDER GRADE - II, GOVERNMENT HOMOEO DISPENSARY, EZHIKKARA, NORTH PARUR, ERNAKULAM, PIN 683 513, RESIDING AT THOTTUMUGAL, CHENDAMANGALAM.P.O., NORTH PARUR, ERNAKULAM DISTRICT, PIN 683 512. ANJUSREE.S,AGED 26 YEARS, D/O. PRASANNA KUMAR.V., KAYIKKARA NIVAS, ARINALLOOR, THEVALAKKARA, KOLLAM, PIN – 690 538 DEEPA SASEENDRAN, AGED 41 YEARS, W/O. VINOD KRISHNA, PARACKAL, VANDANPATHAL, RPC (PO) ERUMELI NORTH, RAJENDRAPRASAD COLONY, KOTTAYAM, PIN – 686 513 SUJITH P RAVEENDRAN, AGED 43 YEARS, S/O. P.M.RAVEENDRAN, 10/494, VELLAPPALLIL, THOTTACKAD.P.O, KOTTAYAM, PIN – 686 539 SUJITH.R, AGED 30 YEARS, S/O. RAMADAS, KOONATTU, NEAR KUMARAPURAM TEMPLE, CHERTHALA NORTH (PART) KURUPPANKULANGARA, ALAPUZHA, PIN – 688 539 JANET JOHN, AGED 34 YEARS, W/O. GEORGE JOSEPH, KULATHINAL, RAMAPURAM, PIZHAKU.P.O. KOTTYAM, PIN – 686 651 ANEESH P.A, AGED 32 YEARS, S/O. P.A.AMBUJAKSHAN, PAZHEDATH HOUSE, SAMOOHYA SEVA SANGAM, 6 7 8 9 10 11 12 13 14 15 O.P (KAT) No.181 of 2022 and connected cases ..15.. PALLIPPURAM VILLAGE CHERAI, ERNAKULAM, PIN – 683 514 AZEEM.M, AGED 27 YEARS, S/O. MUHAMMADALI.U, KADAMPATTUVILA PUTHEN VEEDU, NJARACKAL, PERINAD.P.O, THRIKKARUVA, ASHTAMUDI, KOLLAM, PIN – 691 602 SATHEESH KUMAR.T.T, AGED 31 YEARS, S/O. V.P. THANKACHAN, THOPPIL VEEDU, PERUMTHURUTHU.P.O., KALLARA, KOTTAYAM, PIN – 686 511 SHEEBA, AGED 50 YEARS, W/O. SATHYAN, PADINJARE THEVARATTUMMAL, KEEZHPPAYUR.P.O, MEPPAYYUR, KOZHIKODE, PIN – 673 524 SULOCHANA SHAJI, AGED 52 YEARS, CHERUKKARA THEKKETHIL, KIDANGOOR, KOTTAYAM, PIN – 686 583 SHEEBA JOSEPH, AGED 52 YEARS, W/O. MANJALIL THOMAS JOY, MANJALIL KOOVAPPADY.P.O., ERNAKULAM., PIN – 683 544 SHEENA P JOHN, AGED 44 YEARS, D/O. JOHN CHACKO, PATHUPARA, PUTHENPARAMBIL, PULLARIKUNNU, PERUMBAYIKADU, VILLAGE MULLASSERI, KOTTAYAM, PIN – 686 041 REJANI E.K, AGED 43 YEARS, W/O. VIJUMON M.K, 10/53A, MAMPARAMBIL, INJAKUZHIYIL, ALAPRA.P.O., KOTTAYAM, PIN – 686 544 NARAYANAN P.K, S/O. RAMAN, MOOTHEDATH OOMALA, EDAVARAMBA.P.O., PULINGOME, CHERUPUZHA, KANNUIR, PIN – 670 511 ARSHA VARGHESE, AGED 31 YEARS, W/O. IGNESHYAS THOMAS, CHALU PARAMBATU, CHOMBALA, AZHIYUR, KOZHIKODE, PIN – 673 308 SHIJI.M.A, AGED 47 YEARS, W/O. JOY.V.P., VAZHAYIL HOUSE, PALANGATTUPARAMBA, MAYANADU, 16 17 18 19 20 21 22 23 24 25 O.P (KAT) No.181 of 2022 and connected cases ..16.. KUTTIKKATTOOR, KOZHIKODE, PIN – 673 008 M.NARAYANAN, AGED 50 YEARS, S/O. MARI, PONNUMMA NIVAS, ERATTAPOTTA, POTHAMPADAM, MUTHALAMADA, PALAKKAD, PIN – 678 507 SHEEBA MATHEW, AGED 44 YEARS, W/O. TOMY, PATTATHIL KEEZHAMBARA, MELAMPARA.P.O., BHARANAGANAM, KOTTAYAM, PIN – 686 578 ALICE JIJI, AGED 48 YEARS, W/O. EDWARD JIJI, ANJILIPARAMBIL HOUSE, PD ROAD, PALLURUTHY, ERNAKULAM, PIN – 682 006 JAYASREE M.N, AGED 50 YEARS, W/O. RAJAN, 3/226, KANNUVETTIKKAL, MATTAPPALLIPADI, MEENADOM PANCHYATH, KOTTAYAM, PIN – 686 516 SHANDY VARGHESE, AGED 53 YEARS, W/O. VARGHESE, CHEMBAKASSERY HOUSE, AMBAZHAKKAD, NEAR THEKKE KURISSU, PALAYAMPARAMBU PO, KALLUR VADAKKUMMURI, THRISSUR, PIN – 680 741 KUMARI.P, AGED 51 YEARS, D/O. RAJAMMA, MARUTHOOR, POOVARANI, KIZHAPARAYAR PO, POOVARANY, KOTTAYAM, PIN – 686 578 SHINI MOLE.P, AGED 49 YEARS, PUTHUPARAMBIL, PARATHODU.P.O., EDAKKUNNAM, KOTTAYAM, PIN – 686 512 DINU DAS, AGED 26 YEARS, S/O. SIVADASAN.G, MUKKUVAN PARAMBU, CMC 14, MARUTHORVATTAM, CHERTHALA, KOKKOTHAMANGALAM, ALAPUZHA, PIN – 688 539 SOUMYA. K.N, AGED 39 YEARS, W/O. GIREESH.P.S., PADINJARAYIL HOUSE, MANJALLOOR, KAPPU, MADAKKATHANAM PO, ERNAKULAM, PIN – 686 670 ASWATHY GOPINATH, AGED 28 YEARS, D/O. M.D. GOPINATHAN, MANJANAMKUZHIYIL, PUTHUSSERY, 26 27 28 29 30 31 32 33 34 35 O.P (KAT) No.181 of 2022 and connected cases ..17.. 36 37 38 39 40 41 42 43 44 45 KALLOOPPARA, PATHANAMTHITTA, PIN – 689 602 ANEEJA.T, AGED 40 YEARS, W/O. KRISHNA KUMAR.V, KRISHNA BHAVAN, ELANGAMANGALAM, ENATHU, PATHANAMTHITTA, PIN – 691 526 SHYAMILI.A, AGED 27 YEARS, W/O. PRASAND, 8/478, PERAYIL, MANAKKADAVU, KANNUR, PIN – 670 571 DHANYA.K.T, AGED 38 YEARS, W/O. VINOD, KRISHNA NIVAS, UP HILL, BEHIND MUNICIPAL OFFICE, ERNAD, MALAPPURAM, PIN – 676 505 MIDHULAJ, AGED 27 YEARS, S/O. SHAJAHAN.M., THEKKEKARA PUTHEN VEEDU, CHELLAPPALLY, PATHANAPURAM, KOLLAM, PIN – 680 695 PRATHIBA S NAIR, AGED 39 YEARS, W/O. R.SURESH BABU, PLAVILA VEEDUL, KANJIRAKODE, KUNDARA.P.O., MULAVANA, KOLLAM, PIN – 691 501 ANJALI.K.P, AGED 34 YEARS, W/O. BIBIN.M.G., MOOLEPARAMBIL, KUNNUKARA, AYIROOR, ERNAKULAM, PIN – 683 579 GODWIN TONY, AGED 30 YEARS, S/O. BEENA TONY, CHERUVATHUR, KURIACHIRA PO, ST. JOSEPH STREET, THRISSUR, PIN – 680 006 BABUKUTTAN.K.K, AGED 34 YEARS, S/O. THANKAM, KOZHKODAN THARAYIL, VADAYAR, KOTTAYAM, PIN – 686 605 JITHIN. S.N, AGED 28 YEARS, S/O, NALINAKUMARI, 6/454, SWATHY, RAILWAY STATION ROAD, BALARAMAPURAM.P.O., THIRUVANANTHAPURAM, PIN – 695 501 RATHEESH KUMAR.R, AGED 50 YEARS, S/O. P RAVEENDRAN, T.C. 49/600, MRWA 91, SHYAMALALAYAM, MALLIYADOM, MANACAUD.P.O. THIRUVANANTHAPURAM., PIN – 695 009 O.P (KAT) No.181 of 2022 and connected cases ..18.. 46 47 48 49 50 51 52 53 54 55 56 RASHEEDA, AGED 37 YEARS, S/O. MUNNAS, KARAKULAVAN, KOTTOPADAM - 1, THIRUVALAMKUNNU, PALAKKAD, PIN – 678 601 SHAREEFA.A, AGED 52 YEARS, W/O. MAHABOOB BASHA, 8/257, KUNJAN BAVA COLONY, JAINIMEDU, VADAKKAN THARA POST, PALAKKAD, PIN – 678 012 BINDHU, AGED 43 YEARS, D/O. PREMA KUMARI, 24/620, KRISHNALAYAM, KANNIPPURAM, NEYYATTINKARA.P.O, THIRUVANANTHAPURAM, PIN – 695 121 SINDHU.C.K, AGED 43 YEARS, W/O. MANOJ SAJU SADANAM, KURICHY, KOTTAYAM, PIN – 686 532 SHEEBA.B, AGED 41 YEARS, W/O. JYOTHIBASU, VAYALINKARA VEEDU, VIZHINJAM, KOVALAM, THIRUVANANTHAPURAM, PIN – 695 527 LATHA.G, AGED 43 YEARS, W/O. UDHAYAN, PADINJAKKARA , PARUTHUPALLY, PERINGOTTUKURISSI, PALAKKAD, PIN – 678 573 SULOCHANA.K, AGED 54 YEARS, PARAYIL HOUSE, KANIYAMANGALAM, 8/478, ELAVANPADAM, KIZHAKKENCHERY PALAKKAD, PIN – 678 684 USHAKUMARI.B.S., AGED 52 YEARS, W/O. SUNDARESAN NAIR, SREENILAYAM, VANCHIYOOR, ERAMAM, ALAMCODE (PART), THIRUVANANTHAPURAM, PIN – 695 102 BIJULETHA.M, AGED 47 YEARS, W/O. JAYAN. V. , KALANJALI, PARAVOORKONAM, AVANAVANCHERY, ATTINGAL, THIRUVANANTHAPURAM, PIN – 695 103 A.MUHAMMAED SHAMEEM, AGED 47 YEARS, SHAMEEM MANZIL, CPT JUNCTION, NETTAYAM, THIRUVANANTHAPURAM, PIN – 695 013 G.SAROJAM, AGED 43 YEARS, W/O. M. HADSON ROY, PULLOTTUKONAM, MANNOORKARA , KUTTICHAL, O.P (KAT) No.181 of 2022 and connected cases ..19.. THIRUVANANTHAPURAM, PIN – 695 574 57 58 BEENA JOSE, AGED 49 YEARS, W/O. PROMAD PUTHUPARAMBIL, VIJAYAPURAM VILLAGE, VADAVATHOOR, KOTTAYAM, PIN – 686 010 VANAJAKUMARI.K.K, AGED 48 YEARS, D/O. KUTAN, 2/64, KOTTARATHIL KAPPAD.P.O. KOTTAYAM, PIN – 686 508 BY ADVS. S. P. ARAVINDAKSHAN PILLAY ABHIRAMI K. UDAY(K/001426/2018) N.SANTHA(S-176) V.VARGHESE(K/514/1996) PETER JOSE CHRISTO(K/1216/2004) S.A.ANAND(K/1216/2006) K.N.REMYA(K/712/2010) L.ANNAPOORNA(K/952/2013) VISHNU V.K.(K/001396/2018) THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..20.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 281 OF 2022 AGAINST THE ORDER DATED 21.06.2022 IN OA 1317/2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANT NOS.2 AND 3 IN OA: 1 2 ANJU S, AGED 32 YEARS, D/O P SANAL KUMAR, RESIDING AT PARVATHY VILASAM, TARATTAVILA, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM, PIN – 695 020. BINDU K, AGED 41 YEARS, W/O RAJU A, RESIDING AT OTTATHENGU CHRISTIANKONAM, VELLANCHIRA, PANAVOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN – 695 568 BY ADVS. P.NANDAKUMAR VIVEK VIJAYAKUMAR AMRUTHA SANJEEV SHEMA ELIZABETH SCARIA K.G. DEVIPRIYA RESPONDENTS/RESPONDENTS 1 TO 5 AND 1ST APPLICANT IN OA: 1 2 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AYUSH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001 THE DIRECTOR OF HOMEOPATHY, DIRECTORATE OF HOMEOPATHY, EAST FORT, THIRUVANANTHAPURAM, PIN – O.P (KAT) No.181 of 2022 and connected cases ..21.. 695 023 3 4 5 6 THE DISTRICT MEDICAL OFFICER (HOMEO), DISTRICT MEDICAL OFFICE, EAST FORT, THIRUVANANTHAPURAM, PIN – 695 023 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM P.O, THIRUVANANTHAPURAM, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM, PIN – 695 004 ANAND A R, AGED 41 YEARS, S/O S.RAVEENDRAN NAIR, RESIDING AT NANDHANAM, POOVANGAVILAKOM (ORUMA- 36), PATHAMKALLU. ARALUMOODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 123 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..22.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 331 OF 2022 AGAINST THE ORDER/JUDGMENT OA 1303/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS IN OA: 1 2 3 SINDHU.R, AGED 43 YEARS, SIVAKUMAR, GIRIJA BHAVANAM , THATTAYIL. P.O., PONGALADY, PATHANAMTHITTA DISTRICT, PIN, PIN – 691 525 SHANTY. M. SUNNY, AGED 34 YEARS, W/O. PRINCE K .F , PALLAVIYIL HOUSE, PUNAMATTOM PO, MALAPPALLY, PATHANAMTHITTA DISTRICT, PIN – 689 543 REMYA. R.S, AGED 38 YEARS, W/O LATE PRASANNA KUMAR, REMYA BHAVANAM, ALUKALICKAL (WEST) VAYALA PO, PARIAKODE, PATHANAMTHITTA., PIN – 691 554 BY ADV O.D.SIVADAS RESPONDENTS/RESPONDENTS IN OA: 1 2 THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM,, PIN – 695 023 THE DISTRICT MEDICAL OFFICER, (HOMOEO), DISTRICT MEDICAL OFFICE, PATHANAMTHITTA, PIN – 689 645 O.P (KAT) No.181 of 2022 and connected cases ..23.. 3 4 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY PATTAM, THIRUVANANTHAPURAM, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA, PIN – 689 645 BY ADV SRI.P.C.SASIDHARAN, SC FOR KPSC KOZHIKODE DISTRICT CO-OPERATIVE BANK THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..24.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 335 OF 2022 AGAINST THE ORDER/JUDGMENT OA 1304/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS IN OA: 1 2 SUNILKUMAR.S, AGED 35 YEARS, S/O. SURENDRAN PILLAI, NECHOOR THEKKEKARA, PANTHAPLAVU.P.O., PATTAZHY, KOLLAM DISTRICT,, PIN – 691 522 ABIN BAIJU, AGED 27 YEARS, S/O. BAIU.A.S., AGED 27 YEARS, ZIRAJ MANZIL, MULLIKKADU, VALAVUPACHA, KOLLAM DISTRICT, PIN – 691 559 BY ADV O.D.SIVADAS RESPONDENTS/RESPONDENTS IN OA: 1 2 3 4 THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT., THIRUVANANTHAPURAM,, PIN – 695 023 THE DISTRICT MEDICAL OFFICER, (HOMOEO) DISTRICT MEDICAL OFFICE, KOLLAM,, PIN – 691 013 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM,, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE O.P (KAT) No.181 of 2022 and connected cases ..25.. COMMISSION, DISTRICT OFFICE, KOLLAM,, PIN – 691 013 BY ADV SRI.P.C.SASIDHARAN, KERALA PUBLC SERVICE COMMISSION THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON ADMISSION ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..26.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 342 OF 2022 AGAINST THE ORDER DATED 29.09.2022 IN OA 1391/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/APPLICANTS: 1 2 3 4 ASWATHY G, AGED 33 YEARS, D/O GOPALAKRISHNAN, RESIDING AT NANI BHAWAN, VAVVAKUNNU, VARAVILA P.O, KOLLAM, PIN – 689 512 AKHILA SOMAN, AGED 40 YEARS, MADHAVAM, VALIYAKULANGARA P.O, MAVELIKKARA, ALAPPUZHA DIST., PIN – 690 104

3. SYAMA PUSHPAN, AGED 36 YEARS, W/O S. NANUKUTTAN VIJAYA HOME, KUDASSANAD P.O, KUDASSANAD, ALAPPUZHA DIST, PIN – 689 512 RAJI R, AGED 42 YEARS, W/O ALIAS Y, THEVARKADAVIL KIZHAKKATHIL, THRIPPERUTHURA P.O, CHENNITHALA, MAVELIKARA, PIN – 690 105 BY ADVS. MILLU DANDAPANI S.VISHNU RESPONDENTS/RESPONDENTS 1 TO 6: 1 HOMOEOPATHY DEPARTMENT, DIRECTORATE, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY THE DIRECTOR, O.P (KAT) No.181 of 2022 and connected cases ..27.. PIN – 695 023 2 3 4 5 6 DIRECTOR OF HOMOEOPATHY, DIRECTORATE, EAST FORT, THIRUVANANTHAPURAM, KERALA, PIN – 695 023 THE DEPUTY DIRECTOR OF HOMOEOPATHY DIRECTORATE, EAST FORT, THIRUVANANTHAPURAM, KERALA, PIN – 695 023 THE DISTRICT MEDICAL OFFICER, (HOMOEO), DISTRICT MEDICAL OFFICE, SUDHA COMPLEX, ALAPPUZHA NORTH, ALAPPUZHA., PIN – 688 077 THE KERALA PUBLIC SERVICE COMMISSION SECRETARY, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPPUZHA, PIN – 688 012 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..28.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 OP(KAT) NO. 436 OF 2022 AGAINST THE ORDER DATED 21.10.2022 IN OA (EKM) 63/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER: SHANU P. , AGED 39 YEARS, W/O ANIL, KOTTOOR HOUSE, PATHAPIRIYAM P.O, MALAPPURAM DISTRICT ., PIN – 676 123 BY ADV C.DINESH RESPONDENTS: 1 2 3 4 5 STATE OF KERALA, REPRESENTED BY SECRETARY , AYUSH DEPARTMENT & OTHERS, GOVERNMENT SECRETARIAT, ANNEXE 2, THIRUVANANTHAPURAM -, KERALA ., PIN – 695 001 DIRECTOR OF HOMEOPATHY, EAST FORT, THIRUVANANTHPURAM ., PIN – 695 023 DISTRICT MEDICAL OFFICER, HOMEOPATHY CHEMMANKADAVU ROAD, DOWN HILL, MALAPPURAM ., PIN – 676 505 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695 004 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE O.P (KAT) No.181 of 2022 and connected cases ..29.. COMMISSION, DISTRICT OFFICE, CIVIL STATION, ROAD, NEW BLOCK, UP HILL, MALAPPURAM, PIN – 676 505 6 MANJUNATHAN A.K, AGED 45 YEARS, S/O KESAVAN, SWEEPER CUM PEON, GOVERNMENT HOMEOPATHY DISPENSARY, VANIMEL, KOZHIKODE, PIN – 673 106, RESIDING AT MANASA, CHEMMARATHUR, VATAKARA, KOZHIKODE DISTRICT, PIN – 673 104 BY ADVS. S. P. ARAVINDAKSHAN PILLAY S.A.ANAND(K/1216/2006) N.SANTHA(S-176) PETER JOSE CHRISTO(K/1216/2004) V.VARGHESE(K/514/1996) L.ANNAPOORNA(K/952/2013) K.N.REMYA(K/712/2010) VISHNU V.K.(K/001396/2018) ABHIRAMI K. UDAY(K/001426/2018) THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 25.01.2024, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (KAT) No.181 of 2022 and connected cases ..30.. J U D G M E N T (O.P(KAT)Nos.181, 140, 147, 153, 281, 331, 335, 342, 436 of 2022 and 60 of 2023) A. Muhamed Mustaque, J. These original petitions are filed by the candidates who applied pursuant to the notification issued by the Kerala Public Service Commission (for short “KPSC”) for District-Wise Recruitment to the post of Attender Grade II in the Homeopathic Department. They were unsuccessful before the KPSC.

2. The method of appointment prescribed in the Kerala Homeopathic Subordinate Special Rules, 2011 is as follows: Attender/Dispenser/Nu rsing Assistant/Store Attender/Record Attender (1) By transfer from the last Grade Servants in the Department Homeopathy (2) In the absence qualified employees appointment under Homeopathy above by direct recruitment

3. According to the petitioners, the department allowed many by-transfer appointments from the last Grade servants from other districts, which in effect resulted O.P (KAT) No.181 of 2022 and connected cases ..31.. in denial of appointment to direct recruties. It is submitted that the appointment being a district as a unit such by-transfer appointment cannot be made beyond the district in which they were working as a last grade.

4. Apart from this, it was contended that some of the last grade servants in the department have no prescribed qualification and they could not have been appointed as Attender Grade II.

5. It is true that the recruitment is as district as a unit. But special rules prescribed that by-transfer appointment can be made from the last grade servants in the department of Homeopathic, that means the entire State as a unit for the purpose of by-transfer appointment. There is no challenge against the Special Rules. If by-transfer appointment is allowed among the last Grade Servants from other districts that is justifiable in the light of Special Rules. Therefore, we do not find any merit in the challenge made by the candidates, who are the petitioners before this Court. In regard to the second question whether individual had qualification or not, cannot be a matter raised by a person who is yet to be borne on cadre. When no such specific case against the individual having been raised O.P (KAT) No.181 of 2022 and connected cases ..32.. before the tribunal, there is no merit in such challenge. These original petitions are dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE PR O.P (KAT) No.181 of 2022 and connected cases ..33.. APPENDIX OF OP(KAT) 181/2022 PETITIONER EXHIBITS Exhibit P4 (A) AnnexureA1 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE ADDITIONAL RESPONDENTS IN OA NO.1-01/2021 WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL TRUE COPY OF THE RELEVANT PORTION OF THE RANK LIST DATED 26.12.2019 PUBLISHED BY THE KPSC VIDE CATEGORY NO.092/2016 AS PER GAZETTE DATED 12.5.2016, ISSUED BY THE 1ST RESPONDENT. Exhibit P5 (A) TRUE COPY OF THE G.O. (RT)NO. 13/2021/P&ARD DATED 08/06/2021 AnnexureA2 Annexure A3 TRUE COPY OF THE GO (P) NO.441/2011/ H&FWD DATED 29.7.2011, PUBLISHED VIDE SR0 NO.492/11, PRESCRIBING SPECIAL RULES FOR KERALA HOMOEOPATHY SUBORDINATING SERVICE, ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE REPLY DATED 28.2.2021 TO THE APPLICATION SUBMITTED BY THE APPLICANT UNDER THE RTI ACT, BEFORE THE 2ND RESPONDENT. Annexure A4 THE TRUE COPY ORDER DATED 18.02.2021 NO. 74/EB2/2021/DH ISSUED BY THE 1ST RESPONDENT Annexure R5(a) -A COPY OF THE FINAL SENIORITY LIST OF OFFICE ATTENDER/NIGHT WATCHER PUBLISHED IN KERALA GAZETTE NO. 15/VOL:9/PART-IV DATED 14.04.2020 Annexure R5 (b) -A COPY OF THE FINAL SENIORITY LIST OF OFFICE ATTENDER/NIGHT WATCHER O.P (KAT) No.181 of 2022 and connected cases ..34.. PUBLISHED IN KERALA GAZETTE NO. 15/VOL:9/PART-IV DATED 14.04.2020 Annexure R5(c) A COPY OF THE ORDER NO.1664/EBI/2019 DATED 01/06/2019 BY DY DIRECTOR OF HOMEOPATHY DEPARTMENT Annexure R5(d) TRUE COPY OF THE CIRCULAR DATED 29/05/2019 BY THE DIRECTORATE OF HOMEOPATHY Annexure R5(e) ACOPY OF THE MARKLIST OF PERSONS WHO WERE QUALIFIED IN THE INSERVICE COURSE IN 2019 HOMEOPATHY DEPARTMENT DATED 15/ 11/2019 Annexure R5(f) Annexure R5 (g) Annexure R5(h) Annexure R5(i) Annexure R5(j) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 5TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 6TH RESPONDENT. A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 7TH RESPONDENT. A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 8TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 9TH RESPONDENT Annexure R5(k) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED O.P (KAT) No.181 of 2022 and connected cases ..35.. Annexure R5(l) Annexure R5(m) 03/12/2019 IN FAVOUR OF THE 10TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 11TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 12TH RESPONDENT Annexure R5(n) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 13TH RESPONDENT Annexure R5 (o) Annexure R5(p) Annexure R5(q) Annexure R5(r) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 14TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 15TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 16TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 17TH RESPONDENT Annexure R5(s) A COPY OF THE CERTIRICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 18TH RESPONDENT O.P (KAT) No.181 of 2022 and connected cases ..36.. Annexure R5(t) Annexure R5(u) Annexure R5(v) Annexure R5 (w) Annexure R5 (x) Annexure R5 (y) Annexure R5(z) Annexure R5(aa) A COPY OF THE CERTIRICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 19TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 20TH RESPONDENT A COPY OF THE CERTIRICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 21ST RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 22ND RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 23TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 24TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 25TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 26TH RESPONDENT Annexure R5(ab) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/ 12/2019 IN FAVOUR OF THE 27TH O.P (KAT) No.181 of 2022 and connected cases ..37.. Exhibit P1 Exhibit P1(A) Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P4 Exhibit P5 Exhibit P6 RESPONDENT TRUE COPY OF THE OA NO.101/2021 FILED BEFORE THE HONBLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. TRUE COPY OF THE MA IN OA NO.101/2021 FILED BEFORE THE HONORABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAN. TRUE COPY OF THE REPLY STATEMENT DATED 15.06.2021 FILED BY THE LST RESPONDENT IN OA NO.101/2021 TRUE COPY OF THE PETITION DATED 16.06.2021 FILED TO IMPLEAD AS ADDITIONAL RESPONDENTS 5 TO 53 IN OA NO.101/2021 TRUE COPY OF REPLY STATMENT FILED BY THE ADDITIONAL RESPONDENTS-IN OA NO.101/2021 WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE ADDITIONAL RESPONDENTS IN OA NO.1-01/2021 WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT ON 19.12.2021. THE ORDER DATED 8.04.2022 WAS ISSUED IN 0.A. NO.101/2021 ON THE FILE OF THE HONBLE KERALA STATE ADMINISTRATIVE TRIBUNAL , THIRUVANANTHAPURAM. O.P (KAT) No.181 of 2022 and connected cases ..38.. APPENDIX OF OP(KAT) 60/2023 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Exhibit P1 Exhibit P2 Exhibit P3 : TRUE COPY OF THE NOTIFICATION ISSUED BY THE COMMISSION VIDE CATEGORY NO. 92/2016 DATED 26.12.2019 TRUE COPY OF THE RANK LIST DATED 26/12/2019 PUBLISHED VIDE NO. 631/19 IN CAT. NO. 092/2016 POST OF ATTENDER GRADE - II IN HOMOEOPATHY DEPARTMENT TRUE COPY OF THE SPECIAL RULES PUBLISHED AS PER G.O. (P) NO. 441/2011/H & FWD DATED 29.07.2011. TRUE COPY OF THE OA NO.1842/2020 DATED 21/10/2022 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. THE ORDER DATED 21.10.2022 WAS ISSUED IN O.A. NO.1842/2020 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. TRUE COPY OF THE ORDER NO. 806/EB1/2022/ EB/DH DATED 15.12.2022 ISSUED BY THE 1ST RESPONDENT. O.P (KAT) No.181 of 2022 and connected cases ..39.. APPENDIX OF OP(KAT) 140/2022 PETITIONER ANNEXURES ANNEXURE A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Exhibit p1 Exhibit P2 Exhibit P3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE COMMISSION VIDE CATEGORY NO. 92/2016 DATED 12.05.2016 TRUE COPY OF THE RANK LIST DATED 18.02.2020 PUBLISHED VIDE CATEGORY NO. 92/2016 BY THE COMMISSION TO THE POST OF ATTENDER GRADE - II IN HOMOEOPATHY DEPARTMENT. TRUE COPY OF THE SPECIAL RULES PUBLISHED AS PER G.O. (P) NO. 441/2011/H & FWD DATED 29.07.2011 THE TRUE COPY ORDER DATED 31.01.2020 NO.1958/EB2/2019/DH ISSUED BY THE 2ND RESPONDENT. THE TRUE COPY ORDER DATED 18.02.2021 NO. 74/EB/2/2021 DH ISSUED BY THE 2ND RESPONDENT. TRUE COPY OF THE OA NO.1059/2021 FILED BEFORE THE HON'BLE KERALA STATE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. THE ORDER DATED 8.04.2022 WAS ISSUED IN O.A. NO.1059/2021 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. TRUE COPY OF THE PROCEEDING NO. DHTVM/2057/2021 ON 10.5.2022 ISSUED BY THE 1ST RESPONDENT. O.P (KAT) No.181 of 2022 and connected cases ..40.. APPENDIX OF OP(KAT) 147/2022 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 Exhibit P1 Exhibit p2 Exhibit P3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE COMMISSION VIDE CATEGORY NO. 92/2016 DATED 12.05.2016 TRUE COPY OF THE RANK LIST DATED 28.04.2020 PUBLISHED VIDE CATEGORY NO.92/2016 BY THE COMMISSION TO THE POST OF ATTENDER GRADE II IN HOMOEOPATHY DEPARTMENT TRUE COPY OF THE SPECIAL RULES PUBLISHED AS PER G.O.(P) NO 441/2011/H&FWD DATED 29.07.2021 TRUE COPY ORDER NO . 1311/EB2/2020/DH DATED 30.06.2021 ISSUED BY THE 2ND RESPONDANT TRUE COPY OF THE OA NO.1231/2021 FILED BEFORE THE HON'BLE KERALA STATE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. THE ORDER DATED 8.04.2022 WAS ISSUED IN O.A. NO.1231/2021 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL , THIRUVANANTHAPURAM TRUE COPY OF THE PROCEEDINGS NO. DHTVM / 2057 / 2021 ON 10.05.2022 ISSUED BY THE 1ST RESPONDENT O.P (KAT) No.181 of 2022 and connected cases ..41.. APPENDIX OF OP(KAT) 153/2022 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Annexure A7 Annexure A8 TRUE COPY OF THE NOTIFICATION ISSUED BY THE COMMISSION VIDE CATEGORY NO. 92/2016 DATED 12.05.2016 TRUE COPY OF THE RANK LIST DATED 11.02.2020 PUBLISHED VIDE CATEGORY NO. 92/2016 BY THE COMMISSION TO THE POST OF ATTENDER GRADE - II IN HOMOEOPATHY DEPARTMENT. TRUE COPY OF THE SPECIAL RULES PUBLISHED AS PER G.O. (P) NO. 441/2011/H & FWD DATED 29.07.2011 THE TRUE COPY ORDER DATED 31.01.2020 NO. 1958/EB2/2019/DH ISSUED BY THE 2ND RESPONDENT THE TRUE COPY ORDER DATED 9.09.2020 NO. 1131/EB2/2020/DH ISSUED BY THE 2ND RESPONDENT THE TRUE COPY ORDER DATED 18.02.2021 NO. 74/EB2/2021/DH ISSUED BY THE 1ST RESPONDENT. THE TRUE COPY ORDER DATED 21.05.2021 NO. 485/E/2021/DM4 ISSUED BY THE 3RD RESPONDENT THE TRUE COPY ORDER DATED 30.06.2021 NO. 1131/EB2/2020 ISSUED BY THE 1ST RESPONDENT. Annexure R1(a) A COPY OF THE CIRCULAR NO. DHTVM1664/2019 EBI DATED 29/05/2019 OF THE DIRECTOR OF HOMOEOPATHY, O.P (KAT) No.181 of 2022 and connected cases ..42.. THIRUVANANTHAPURAM Annexure R1(b) A COPY OF THE CIRCULAR NO. DHTVM1664/2019 OF HOMEOPATHY DATED 07/08/2019 Annexure R1(c) A COPY OF THE CERTIFICATE NO. 1664/EBI/2019/DH OF HOMEOPATHY DATED 03/12/2019 ISSUED BY THE DEPARTMENT OF HOMOEOPATHY Annexure R9 (a) TRUE COPY OF THE ODER DATED 18/02/2021 NO. 74/EB2/2021/DH ISSUED BY THE 1ST RESPONDENT. Annexure R9 (b) TRUE COPY OF THE ODER DATED 20/02/2021 NO. 74/EB2/2021/DH ISSUED BY THE 1ST RESPONDENT. Annexure R10(a) Annexure R10 (b) A COPY OF THE FINAL SENIORITY LIST OF OFFICE ATTENDER/NIGHT WATCHER PUBLISHED IN KERALA GAZETTE NO. 15/VOL:9/PART-IV DATED 14.04.2020 A COPY OF THE FINAL SENIORITY PROMOTION LIST OF COOK, CLEANER, SWEEPER CUM PEON, WATCHER CUM SWEEPER SANITATION WORKER PUBLISHED IN KERALA GAZETTE NO. 15/VOL:9/PART-IV DATED 14.04.2020 Annexure R10 (c) A COPY OF THE ORDER NO.1664/EBI/2019 DATED 01/06/2019 BY DY DIRECTOR OF HOMEOPATHY DEPARTMENT Annexure R10 (d) A COPY OF THE CIRCULAR DATED 29/05/2019 BY THE DIRECTORATE OF HOMEOPATHY Annexure R 10 (e) A COPY OF THE MARK LIST OF PERSONS WHO WERE QUALIFIED IN THE INSERVICE COURSE IN 2019 HOMEOPATHY DEPARTMENT DATED O.P (KAT) No.181 of 2022 and connected cases ..43.. 15/11/2019. A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 10TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 11TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 12TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 13TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 14TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 15TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 16TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 17TH RESPONDENT Annexure R10 (f) Annexure R10 (g) Annexure R10 (h) Annexure R10(i) Annexure R10 (j) Annexure R10 (k) Annexure R10 (l) Annexure R10 (m) Annexure R10 (n) A COPY OF THE CERTIFICATE FROM O.P (KAT) No.181 of 2022 and connected cases ..44.. Annexure R10 (o) Annexure R10 (p) Annexure R10 (q) Annexure R10 (r) Annexure R10 (s) Annexure R10 (t) Annexure R10 (u) DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 18TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 19TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 20TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 21ST RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 22ND RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 23RD RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 24TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 25TH RESPONDENT Annexure R10 (v) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 26TH O.P (KAT) No.181 of 2022 and connected cases ..45.. Annexure R10 (w) Annexure R10 (x) Annexure R10 (y) Annexure R10 (z) RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 27TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 28TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 29TH RESPONDENT A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 30TH RESPONDENT Annexure R10 (aa) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 31ST RESPONDENT Annexure R10 (ab) A COPY OF THE CERTIFICATE FROM DEPARTMENT OF HOMEOPATHY DATED 03/12/2019 IN FAVOUR OF THE 32ND RESPONDENT Exhibit P1 TRUE COPY OF THE OA NO.108/2021 FILED BEFORE THE HON‟BLE KERALA STATE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit - P2 TRUE COPY OF THE MA WITH ANX.A6 FILED BEFORE THE HON‟BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P3 TRUE COPY OF THE MA WITH ANX.A7 FILED BEFORE THE HON‟BLE KERALA O.P (KAT) No.181 of 2022 and connected cases ..46.. Exhibit - P4 Exhibit - P5 ADMINISTRATIVE TRIBUNAL TRUE COPY OF THE MA WITH ANX.A8 FILED BEFORE THE HON‟BLE KERALA ADMINISTRATIVE TRIBUNAL TRUE COPY OF THE MA FILED FOR FOR IMPLEADING THE ADDITIONAL 9TH RESPONDENT IN OA. Exhibit-P6 TRUE COPY OF THE REPLY STATEMENT OF THE ADDITIONAL 9TH RESPONDENT IN OA Exhibit - P7 Exhibit - P8 Exhibit - P9 Exhibit -P10 TRUE COPY OF THE MA (IMPLEADING PETITION) FILED TO IMPLEAD ADDITIONAL RESPONDENT NO. 10 TO 58 IN THE OA. TRUE COPY OF THE REPLY STATEMENT DATED 26.07..2021 ALONG WITH ANNEXURE R10 (A) AND R10(B) FILED BY THE RESPONDENTS 10 TO 58 IN OA NO.108/2021 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 7.12..2021 ALONG WITH ANNEXURE R10 (C) AND R10(AB) FILED BY THE RESPONDENTS 10 TO 58 IN OA NO.108/2021 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN OA NO. 101/2021 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. Exhibit11 TRUE COPY OF THE ADDITIONAL STATEMENT IN O.A. 108/21 DATED 17/11/2021 Exhibit - P12 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT ON 19.12.2021 IN OA NO.108/2021 BEFORE THE KERALA O.P (KAT) No.181 of 2022 and connected cases ..47.. Exhibit -P13 ADMINISTRATIVE TRIBUNAL. TRUE COPY OF THE ORDER DATED 8.04.2022 ISSUED IN O.A. NO.108/2021 ON THE FILE OF THE HON‟BLE KERALA STATE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. Exhibit - P14 TRUE COPY OF THE PROCEEDING NO. DHTVM/2057/ 2021 ON 10.5.2022 ISSUED BY THE 1ST RESPONDENT. RESPONDENT EXHIBITS Exhibit-R8 (a) True copy of the order No.3460/E2/2019/DMA dated 17.03.2020 of the District Medical Officer (Homoeo), Alappuzha Exhibit-R8(b) True copy of the Certificate No.1664/EB1/2019/DH dated 03.12.2019 issued by the Director of Homoeopathy. O.P (KAT) No.181 of 2022 and connected cases ..48.. APPENDIX OF OP(KAT) 281/2022 PETITIONER ANNEXURES Annexure A1 Annexure2 Annexure3 Annexure4 Annexure A5 Annexure6 TRUE COPY OF NOTIFICATION DATED 12.05.2016 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF RANKED LIST NO. 89/2020/DOT DATED 18.02.2020 FOR CATEGORY NO.092/2016 ISSUED BY THE 5TH RESPONDENT TRUE COPY OF RELEVANT EXTRACT OF G.O. (P) NO. 441/2011/H&FWD DATED 29.07.2011 TRUE COPY OF REQUEST UNDER RTI ACT DATED 20.07.2020 PREFERRED BY THE 1ST APPLICANT TO THE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 3RD RESPONDENT TRUE COPY OF REPLY LETTER NO. 1876/E2/2020/D.M.T. DATED 14.08.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 3RD RESPONDENT TRUE COPY OF ORDER NO. 1958/EB2/2019/DH DATED 05.07.2019 ISSUED BY THE DEPUTY DIRECTOR OF HOMEOPATHY DEPARTMENT Annexure7 MA TO JOIN TOGETHER Exhibit P1 TRUE COPY OF THE ORDER DATED 21.06.2022 IN OA NO. 1317 OF 2020 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH Exhibit P2 TRUE COPY OF ORIGINAL APPLICATION OA O.P (KAT) No.181 of 2022 and connected cases ..49.. Exhibit P3 Exhibit P4 Exhibit P5 NO 1317 OF 2020 ALONG WITH ANNEXURES TRUE COPY OF ORDER DATED 08.04.2021 IN O.A NO. 1059 OF 2021 AND CONNECTED CASES. TRUE COPY OF JUDGMENT DATED 01.12.2014 IN OP (KAT) NO. 396 OF 2014 TRUE COPY OF THE ORDER DATED 29.10.2014 IN O.A NO. 480 OF 2014 O.P (KAT) No.181 of 2022 and connected cases ..50.. APPENDIX OF OP(KAT) 331/2022 PETITIONER ANNEXURES Annexure A1 Annexure A2 Exhibit P1 ExhibitP2 TRUE COPY OF THE RANK LIST DATED 15.10.2019 PUBLISHED VIDE CATEGORY NO. 92/2016 BY THE COMMISSION TO THE POST OF ATTENDER GRADE - II IN HOMOEOPATHY DEPARTMENT. TRUE COPY OF THE SENIORITY LIST PUBLISHED IN THE OFFICIAL GAZETTE VIDE ORDER DHTVM/2057/2021-EB1 DATED 2.06.2022 TRUE COPY OF THE OA NO.1303/2022 FILED BEFORE THE HON'BLE KERALA STATE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM THE ORDER DATED 27.07.2022 WAS ISSUED IN O.A. NO.1303/2022 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM O.P (KAT) No.181 of 2022 and connected cases ..51.. APPENDIX OF OP(KAT) 335/2022 PETITIONER ANNEXURES AnnexureA1 Annexure2 Exhibit P1 Exhibit P2 TRUE COPY OF THE RANK LIST DATED 17.12.2019 PUBLISHED VIDE CATEGORY NO. 92/2016 BY THE COMMISSION TO THE POST OF ATTENDER GRADE - II IN HOMOEOPATHY DEPARTMENT. TRUE COPY OF THE SENIORITY LIST PUBLISHED IN THE OFFICIAL GAZETTE VIDE ORDER NO. DHTVM/2057/2021-EB1 DATED 2.06.2022. . TRUE COPY OF THE OA NO.1304/2022 FILED BEFORE THE HON'BLE KERALA STATE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. . THE ORDER DATED 27.07.2022 WAS ISSUED IN O.A. NO.1304/2022 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. O.P (KAT) No.181 of 2022 and connected cases ..52.. APPENDIX OF OP(KAT) 342/2022 PETITIONER EXHIBITS Exhibit1 Exhibit P2 OA NO. 1391 OF 2022 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ALONG WITH ANN. A1 TO A7 EXHIBIT P2:- JUDGMENT IN OA NO. 1391 OF 2022 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 30.09.2022 O.P (KAT) No.181 of 2022 and connected cases ..53.. APPENDIX OF OP(KAT) 436/2022 PETITIONER EXHIBITS Exhibit1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE O.A.NO.63 OF 2022 DATED 7.1.2022 ALONG WITH ANNEXURES FILED BEFORE THE KERALA STATE ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 29.6.2022 CERTIFIED COPY OF THE ORDER IN O.A. (EKM) NO. 63 OF 2022 DATED 21.10.2022 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 4 AND 5 TRUE COPY OF THE INTERIM ORDER O.P. (KAT) NO. 147 OF 2022 DATED 24.6.2022