IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

&

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

TUESDAY, THE 28

TH

DAY OF MAY 2024 / 7TH JYAISHTA, 1946

OP (CAT) NO. 185 OF 2017

ORDER DATED 08.08.2016 IN OA NO.1106 OF 2013 OF CENTRAL

ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONERS/RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE

GOVERNMENT OF INDIA, MINISTRY OF AGRICULTURE AND FARMERS

WELFARE, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRIYING AND

FISHERIES, KRISHI BHAVAN, NEW DELHI 110 001.

2 THE DIRECTOR, CENTRAL INSTITUTE OF FISHERIES, NAUTICAL

AND ENGINEERING TRAINING [CIFNET], MINISTRY OF

AGRICULTURE AND FARMERS WELFARE, DEPARTMENT OF ANIMAL

HUSBANDRY, DAIRYING AND FISHERIES, FORESHORE ROAD, KOCHI

682 016.

BY ADV SRI.T.V.VINU, CGC

RESPONDENT/APPLICANT:

P.J. ANTONY, RETIRED AS MATE FROM CENTRAL INSTITUTE OF

FISHERIES, NAUTICAL AND ENGINEERING TRAINING, [CIFNET],

MINISTRY OF AGRICULTURE AND FARMERS WELFARE, DEPARTMENT OF

ANIMAL HUSBANDRY, DAIRYING AND FISHERIES, FORESHORE ROAD,

KOCHI 682 016., AND RESIDING AT PULICKAL HOUSE, KANNAMALY

P.O, PUTHENTHODE, KOCHI 682 008.

BY ADVS.

SMT.S.LAKSHMY

SRI.SHAFIK M.A.

THIS OP (CAT) HAVING COME UP FOR HEARING ON 06.03.2024, ALONG

WITH OP (CAT).157/2018, THE COURT ON 28.05.2024 DELIVERED THE

FOLLOWING:

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..2..

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

&

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

TUESDAY, THE 28

TH

DAY OF MAY 2024 / 7TH JYAISHTA, 1946

OP (CAT) NO. 157 OF 2018

ORDER DATED 08.08.2016 IN OA NO.1106 OF 2013 OF CENTRAL

ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONER/APPLICANT:

P.J. ANTONY, AGED 67 YEARS

MATE (RETD), CENTRAL INSTITUTE OF FISHERIES NATURAL

AND ENGINEERING TRAINING, RESIDING AT PULICKAL

HOUSE, KANNAMALY.P.O., COCHIN, PIN - 682008

BY ADV SHAFIK M.A.

RESPONDENTS/RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY,

MINISTRY OF AGRICULTURE, ANIMAL HUSBANDRY, DAIRYING

AND FISHERIES, NEW DELHI, PIN - 110001

2 THE DIRECTOR,

CENTRAL INSTITUTE OF FISHERIES, NAUTICAL AND

ENGINEERING TRAINING, FINE ARTS AVENUE, COCHIN-

682016

BY ADVS.

MANU S., DSG OF INDIA

SHRI.T.V.VINU, CGC

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 06.03.2024,

ALONG WITH OP (CAT).185/2017, THE COURT ON 28.05.2024

DELIVERED THE FOLLOWING:

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..3..

'CR'

JUDGMENT

SHOBA ANNAMMA EAPEN, J.

The applicant and the respondents before the Central

Administrative Tribunal, Ernakulam Bench, have come up

before this Court by filing separate original petitions,

challenging the order dated 08.08.2016 in OA No.1106 of

2013 of the tribunal.

2.OP(CAT) No.185 of 2017 is filed by the Union of

India and the Central Institute of Fisheries, Nautical and

Engineering Training (CIFNET), who were the respondents

before the tribunal; and OP(CAT) No.157 of 2018 is filed by

the applicant. For brevity, the parties are referred to as they

are arrayed in the original application.

3.The original application was filed by the applicant

with the following prayers;

“(i) To declare that the applicant is entitled for 2nd and

3rd financial upgradations under MACP Scheme w.e.f.

1.9.2008.

(ii) To direct the respondents to grant 2nd and 3rd

financial upgradations under MACP Scheme w.e.f.

1.9.2008.

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..4..

(iii) To direct the respondents to grant the financial

benefits arising from the 2nd and 3rd financial

upgradations including arrears of pay and allowances,

retirement benefits, leave encashment and all other

consequential monetary benefits within a stipulated

time.”

4.The applicant is a pensioner retired on

superannuation on 30.09.2009 as “Mate Grade II” from the

office of the second respondent. He joined service as “Bosun”

on 20.10.1973 and was promoted as “Mate Grade II” with

effect from 21.05.1980. He got only one promotion within the

span of 24 years and thus, he was entitled for second financial

upgradation under the ACP Scheme, which was introduced on

09.08.1999 with a grade pay of Rs.6,600/-. He was granted

second financial upgradation under the ACP scheme only in

April, 2002. The applicant continued as “Mate” till his

superannuation on 30.09.2009. While so, the MACP Scheme

was introduced on 19.05.2009. On implementation of the 6th

Central Pay Commission (CPC), the pay scales of “Bosun” and

“Mate” were merged with the grade pay of Rs.4,200/-. On

merger of the two posts, the applicant did not get any

promotion and as such, he is entitled for three financial

upgradations during his entire career. Since the applicant was

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..5..

granted one financial upgradation under the ACP Scheme, he

is entitled for further two upgradations under the MACP

Scheme with effect from 01.09.2008. He was drawing the pay

applicable to the post of “Skipper” on getting the second

financial upgradation under the ACP Scheme. Though

representations were submitted, the applicant was not

granted the second financial upgradation under the MACP

Scheme and he was asked to submit an application for

retaining the overall grading as “good” in the ACR for the

year 2005-06. As seen from Annex.A14, wherever promotions

are given on non-selection basis, the prescribed benchmark,

as mentioned in paragraph 17 of Annex.1 of MACP Scheme

dated 19.05.2009, shall not apply for the purpose of grant of

financial upgradation under the MACP Scheme. Seniority-

cum-fitness is the only basis, on which MACP is granted. Since

the applicant is graded as “good”, he is entitled for two

financial upgradations under MACP Scheme. The applicant

has completed 30 years of service on 20.10.2003. He sought

for the relief that he should be given second and third

financial upgradations under the MACP Scheme with effect

from 01.09.2008 including arrears of pay and allowances,

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..6..

retirement benefits, leave encashment and all other

consequential monetary benefits within a stipulated time. The

respondents contended that the applicant was granted the

second financial upgradation under the ACP Scheme with

effect from 01.04.2002 and he was promoted to the post of

“Mate” with effect from 21.05.1980 and while working as

Mate, he retired on superannuation on 30.09.2009. As per

Annex.A3 OM dated 19.05.2009, the government has

introduced the MACP Scheme, which granted three financial

upgradations counted from the direct entry grade on

completion of 10, 20 and 30 years of service. One of the

requirements for consideration of financial upgradation under

the MACP Scheme is that the official should fulfill the

benchmark criteria prescribed therein. The applicant

completed 34 years of service as on 01.09.2008 and has

earned one promotion and one financial upgradation under

the earlier ACP Scheme. Based on the above said provisions,

the promotion granted to him from the post of “Bosun

(Certified)” to “Mate” is to be ignored; and hence, he should

have been considered for second and third financial

upgradations under the MACP Scheme. Paragraph 17 of

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..7..

Annex.A3 OM dated 19.05.2009 stipulates that the required

minimum benchmark for financial upgradation to the grade

pay of Rs.7,600/- and above is “very good”. The ACR gradings

of the applicant for the years, 2003-04, 2004-05, 2005-06,

2006-07, 2007-08 and 2008-09 are “good”, “good”, “not

available”, “good”, “very good” and “very good” respectively.

The committee considered the case of the applicant and found

that the applicant is not eligible for financial upgradation

under the MACP Scheme since he does not fulfill the required

benchmark. The OM dated 13.04.2010 stipulates that only

below benchmark ACR for the period relevant to promotion

need be sent and there is no need to send below benchmark

ACRs of other years. Since the ACR in respect of the applicant

for the 2005-06 was not available, the same has been written

afresh and the applicant has been graded as “good”. Since the

ACR grading of the applicant for the years, 2003-04, 2004-05,

2005-06 and 2006-07 are “good”, which is below the

benchmark, the same has to be communicated to the

applicant and reviewed. Vide Annex.A7 and A9

communications dated 14.11.2012 and 25.06.2013, copies of

the ACR have been furnished by the applicant. Thereafter,

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..8..

representations were filed by the applicant, which were

considered by the committee and the ACR gradings for the

said period were retained. The applicant did not file any

appeal on the retention of the gradings. Under the MACP

Scheme, the applicant has to be considered to the pay bands

of Rs.7,600/- and Rs.8,700/-, which is merely the next

immediate higher grade pay in the hierarchy of the

recommended revised pay bands and these grade pays are not

that of a promotional post on non-selection basis of the

applicant nor that of a post which requires a benchmark lower

than that prescribed in the MACP Scheme. Since the applicant

did not fulfill the benchmark requirements under paragraph

17 of the MACP Scheme, the applicant was not granted the

pay bands of Rs.7,600/- and Rs.8,700/-. The tribunal, on a

detailed consideration of the issue, found that the applicant is

entitled for the relief as prayed for, however, the arrears are

restricted to a period of three years immediately prior to the

filing of the original application. It is challenging this, the

applicant and the respondents are before us by filing separate

original petitions.

5.The learned counsel for the applicant submitted

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..9..

that the applicant got only one promotion within the span of

24 years and he is entitled for second financial upgradation

under the ACP Scheme with effect from 09.08.1999, which

was granted in April, 2002. Thereafter, the pay band and

grade pay of “Bosun” as well as “Mate Grade II” were merged.

The applicant is entitled for three financial upgradations

during his entire career and while the MACP Scheme was

introduced on 19.05.2009, the applicant was entitled for

second and third financial upgradations. The learned counsel

for the applicant relied on Annex.A14 OM dated 04.10.2012

and submitted that wherever promotions are given on non-

selection basis, the prescribed benchmark as mentioned in

paragraph 17 of Annex.I of MACP Scheme dated 19.05.2009

shall not apply for the purpose of grant of financial

upgradation under the MACP Scheme. The learned counsel

further submitted that the tribunal erroneously restricted the

arrears to a period of three years immediately prior to the

filing of the original application on a wrong consideration of

the apex court decision in Union of India & Others v. Tarsem

Singh [(2008) 8 SCC 648]. It was further submitted that as per

the provisions of the MACP Scheme, the promotion earned

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..10..

and upgradation granted under the ACP Scheme in the past to

those grade, which now carry the same grade pay due to

merger of pay scales and upgradation of posts, shall be

ignored for the purpose of granting upgradations under the

MACP Scheme. Therefore, on the merger of the post of

“Bosun (Certified)” to “Mate”, the promotion granted to the

applicant from the post of “Bosun (Certified)” to “Mate” is to

be ignored and as such, he is entitled to the second and third

financial upgradations under the MACP Scheme, the first

financial upgradation being under the ACP Scheme.

6.Per contra, the learned Central Government

Counsel submitted that the applicant had earned second ACP

in the pay scale of Rs.10000-325-15200, i.e., the pay attached

to the next promotional post of “Skipper” with grade pay of

Rs.6,600/-. It is further submitted that the next financial

upgradation is the second and third MACP to the next higher

grade pay of Rs.7,600/- and Rs.8,700/- respectively and not to

the grade pay of the next promotional post. The learned

Central Government Counsel, pointing out to paragraph 17 of

the MACP Scheme, submitted that the applicant does not

possess the required benchmark, wherein it is stipulated as

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..11..

follows;

“17. The financial upgradation would be on non-

functional basis subject to fitness, in the hierarchy of

grade pay within the PB-1. Thereafter for upgradation

under the MACPs the benchmark of ‘good’ would be

applicable till the grade pay of Rs.6600/- in PB-3. The

benchmark will be ‘Very Good’ for financial upgradation

to the grade pay of Rs.7600 and above.”

It is further argued that the tribunal erred in relying on

Annex.A14 OM dated 04.10.2012, which is not applicable to

the facts of the case on hand. The applicant got the second

financial upgradation to the next promotional post of

“Skipper” with grade pay of Rs.6,600/-. There was no further

promotional post for “Skipper”. The financial upgradation

under MACP Scheme does not happen to be in the

promotional post. Hence, the applicant, who was already

drawing the grade pay of “Skipper”, i.e., Rs.6,600/- by virtue

of the second ACP, the question whether the “Skipper” is a

selection post or not is irrelevant. It was further submitted

that since there was no promotional post after the post of

“Skipper”, the benchmark of “very good” as per paragraph 17

of the MACP Scheme is necessary. Annex.A14 OM dated

04.10.2012 does not apply at all to the case of the applicant

since there is no promotion to the post of “Skipper”. Hence,

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..12..

what is applicable is paragraph 17 of the MACP Scheme,

which states that the benchmark should be “very good”. Since

the applicant did not achieve the said criteria, he is not

eligible for the second and third financial upgradations under

the MACP Scheme.

7.We have considered the rival contentions put

forward by both parties. The question to be considered in this

case is whether the applicant is entitled for second and third

financial upgradations under the MACP Scheme. It is an

admitted fact that the applicant, who joined service as

“Bosun” was promoted as “Mate Grade II” with effect from

21.05.1980. He also got a second financial upgradation under

the ACP Scheme in April, 2002. Thereafter, the MACP Scheme

granting three financial upgradations for 10, 20 and 30 years

of service was introduced on 19.05.2009. While so, the posts

of “Bosun” and “Mate Grade II” were merged. In effect, the

applicant did not get any promotion and hence, he is entitled

for three financial upgradations during his entire career.

8.Admittedly, the remarks in the ACRS of the

applicant for the years, 2003-04, 2004-05, and 2007-08 are

“good”. As per the MACP Scheme, for financial upgradations,

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..13..

the benchmark should be “very good”. In this context, it is

relevant to refer to Clause 2(ii) of Annex.A14 OM dated

04.10.2012, which reads thus;

“2.(ii) Benchmark for MACP Scheme:

Para 17 of Annexure-I of the MACP Scheme provide

that the financial upgradation would be on non-

functional basis subject to fitness, in the hierarchy of

grade pay within the PB-1. Thereafter for upgradation

under the MACPS, the benchmark of 'good' would be

applicable till the grade pay of Rs.6600/- in PB-3. The

benchmark will be 'Very Good' for financial upgradation

to the grade pay of Rs.7600 and above. This

Department's OM No. 35034/3/2008-Estt. (D) (Vol.11)

dated 01.11.2010 provides that where the financial

upgradation under MACPS also happens to be in the

promotionalgrade and benchmark for promotion is

lower than the benchmark for granting the benefit

under MACPS as mentioned in para 17 ibid, the

benchmark for promotion shall apply to MACP also. It is

now further clarified that wherever promotions are

given on non-selection basis (i.e. on seniority cum

fitness basis), the prescribed benchmark as mentioned

in para 17 of Annexure-I of MACP Scheme dated

19.05.2009 shall not apply for the purpose or grant of

financial upgradation under MACP Scheme.”

In Clause 2(ii), it is clarified that wherever promotions are

given on non-selection basis, the prescribed benchmark as

mentioned in para 17 of Annexure-I of MACP Scheme dated

19.05.2009 shall not apply for the purpose or grant of

financial upgradation under MACP Scheme. Hence, it is clear

that it applies only in cases of promotions. Admittedly, the last

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..14..

promotion post of the applicant was “Skipper” and he was

receiving financial upgradations to the post of “Skipper”.

Under the MACP Scheme, the applicant has to be considered

to the next immediate higher grade pay in the hierarchy of the

recommended revised pay bands and these grade pays are not

that of a promotional post on non-selection basis of the

applicant nor that of a post, which requires a benchmark

lower than that prescribed in the MACP Scheme. It appears

that the tribunal has misinterpreted Annex.A14 OM and has

found that the benchmark “good” is only required in the case

of the applicant. We find that the interpretation of Annex.A14

OM by the tribunal was on the wrong side, which requires a

reconsideration. The question whether the post of “Skipper” is

a selection post or not is irrelevant since the applicant is

already drawing the grade pay of Rs.6,600/- by virtue of the

second ACP.

On a consideration of the entire facts of the case, we are

of the opinion that the matter has to be remitted back to the

tribunal for a reconsideration of the entire issue. Therefore,

the original petitions are disposed of, as follows;

a)The impugned order passed by the tribunal is set aside

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..15..

and the matter is remitted back for reconsideration of

the entire issue.

b)The tribunal shall consider the matter afresh including

interpretation of Annex.A14 OM dated 04.10.2012 and

pass fresh orders as expeditiously as possible.

SD/-

A. MUHAMED MUSTAQUE

JUDGE

SD/-

SHOBA ANNAMMA EAPEN

JUDGE

bka/-

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..16..

APPENDIX OF OP (CAT) 157/2018

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION

NO.180/1106/2013 FILE BEFORE THE

C.A.T.

Annexure A1 TRUE COPY OF THE OFFICE ORDER

NO.117/73 DATED 07.11.1973 ISSUED BY

THE DIRECTOR INTEGRATED FISHERIES

PROJECT, KOCHI.

Annexure A2 TRUE COPY OF THE OFFICE ORDER NO.88/80

DATED 19.06.1980 ISSUED BY THE

DIRECTOR INTEGRATED FISHERIES PROJECT,

KOCHI.

Annexure A3 TRUE COPY OF THE OM NO.35043/3/2003

ESTT. DATED 19.05.2009 ISSUED BY THE

DOPT.

Annexure A4 TRUE COPY OF THE REMINDER DATED

28.03.2011.

Annexure A5 TRUE COPY OF THE LETTER NO.F.NO.22-

4/2007/ADMN.VOL.I/391 DATED 21.06.2012

ISSUED BY THE 2ND RESPONDENT.

Annexure A6 TRUE COPY OF THE LETTER DATED

29.06.2012 ADDRESSED TO THE 2ND

RESPONDENT.

Annexure A7 TRUE COPY OF THE LETTER F.NO.22-

4/2007/ADMN.VOL.I/542 DATED 14.11.2012

ISSUED BY THE 2ND RESPONDENT.

Annexure A8 TRUE COPY OF THE REPLY DATED

27.01.2012 SUBMITTED BY THE APPLICANT.

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..17..

Annexure A9 TRUE COPY OF THE LETTER F.NO.22-4/2007

ADMN.VOL.I DATED 25.06.2013 ISSUED BY

THE 2ND RESPONDENT.

Annexure A10 TRUE COPY OF THE REPLY DATED

27.06.2013.

Annexure A11 TRUE COPY OF THE LETTER F.NO.22-4/2007

ADMN.VOL I DATED 19.09.2013 ISSUED BY

THE 2ND RESPONDENT ALONG WITH THE COPY

OF THE ACR 2005-2006.

Annexure A12 TRUE COPY OF THE REPRESENTATION DATED

10.10.2013.

Annexure A13 TRUE COPY OF THE ORDER DATED

08.01.2008 IN O.A 610/2006.

Annexure A14 TRUE COPY OF THE OM DATED 04.10.2012

ISSUED BY THE DOPT.

Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED

BY THE RESPONDENTS IN THE O.A

NO.180/1106/2013.

Annexure R1 TRUE COPY OF THE GOVERNMENT OF INDIA,

DEPARTMENT OF PERSONNEL & TRAINING OM

NO.21011/2010-ESTT.A DATED 13.04.2010.

Annexure R2 TRUE COPY OF THE COMMUNICATION NO.22-

4/2013-ADMN/APAR DATED 04.11.2013

ISSUED TO THE APPLICANT.

Exhibit P3 TRUE COPY OF THE REJOINDER FILED BY

THE APPLICANT IN O.A.NO.180/1106/2013.

Annexure A15 TRUE COPY OF THE RECRUITMENT RULES FOR

THE POST OF SKIPPER DATED 15.05.2008.

Annexure A16 TRUE COPY OF THE ORDER DATED

07.07.2014 IN O.A.NO.305/2013.

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..18..

Exhibit P4 TRUE COPY OF THE ORDER DATED

08.08.2016 OF THE C.A.T IN

O.A.NO.180/1106/2013.

Exhibit P5 TRUE COPY OF THE ORDER NO.F.1-

16/2010E.II DATED 05.10.2015 ISSUED BY

THE DIRECTOR FSI.

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..19..

APPENDIX OF OP (CAT) 185/2017

PETITIONER ANNEXURES

ANNEXURE-A1 TRUE COPY OF THE OFFICE ORDER

NO.17/73 DATED 07.11.1973 ISSUED BY

THE DIRECTOR, INTEGRATED FISHERIES

PROJECT, COCHI

ANNEXURE-A2 TRUE COPY OF THE OFFICE ORDER

NO.88/80 DATED 19.06.1980 ISSUED BY

THE DIRECTOR, INTEGRATED FISHERIES

PROJECT, COCHI

ANNEXURE-A3 TRUE COPY OF THE OM NO,35034.3.2008-ESTT DATED 19.05.2009 ISSUED BY THE

DOPT

ANNEXURE-A4 TRUE COPY OF THE REMINDER DATED

28.03.2011

ANNEXURE-A5 TRUE COPY OF THE LETTER F.,NO.22-

4/2007/ADM.VOL I/391 DATED 21.06.2012

ISSUED BY THE 2ND RESPONDENT

ANNEXURE-A6 TRUE COPY OF THE LETTER DATED

29.06.2012 ADDRESSED TO THE 2ND

RESPONDENT

ANNEXURE-A7 TRUE COPY OF LETTER F.NO.22-4/2007

ADMN VOLL/542 DATED 14.11.2012

ANNEXURE-A8 TRUE COPY OF THE REPLY DATED

27.11.2012 SUBMITTED BY THE APPLICANT

ANNEXURE-A9 TRUE COPY OF THE LETTER F.NO.22-

4/2007 ADMN VOL I DATED 25.06.2013

ISSUED BY THE 2ND RESPONDENT

ANNEXURE-A10 TRUE COPY OF THE REPLY DATED

27.06.2013

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..20..

ANNEXURE-A11 TRUE COPY OF THE LETTER F.NO.22-

4/2007 ADMN.VOL I DATED 19.06.2013

ISSUED BY THE 2ND RESPONDENT ALONG

WITH THE COPY OF THE ACR 2005-2206

ANNEXURE-A12 TRUE COPY OF THE REPRESENTATION DATED

10.10.2013

ANNEXURE-A13 TRUE COPY OF THE ORDER DATED

08.01.2008 IN OA 610/2006

ANNEXURE-A14 TRUE COPY OF THE OM DATED 04.10.2012

ISSUED BY THE DOPT

ANNEXURE-R1 TRUE COPY OF THE GOVERNMENT OF

INDIA,DEPARTMENT OF PERSONNEL AND

TRAINING OM NO 21011/1/201 ESTT.A

DATED 13.04.2010

ANNEXURE-R2 TRUE COPY OF THE COMMUNICATION NO.22-

4/2013-ADMN/APAR DATED 04.11.2013

ISSUED TO THE APPLICANT

ANNEXURE-A15 TUE COPY OF THE RECRUITMENT RULES FOR

THE POST OF SKIPPER DATED 15.05.2008

ANNEXURE-A16 TRUE COPY OF THE ORDER DATED

07.07.2014 IN OA NO.305/2013

EXHIBIT P1. COPY OF THE OA 1106/2013 DATED

12.8.14 FILED BY THE RESPONDENTS

BEFORE THE CAT, ERNAKULAM BENCH.

EXHIBIT P2. COPY OF THE REPLY STATEMENT DATED

12.10.15, FILED BY THE PETITIONERS.

EXHIBIT P3. COPY OF THE REJOINDER DATED 21.10.15,

FILED BY THE RESPONDENT.

2024/KER/37189

OP(CAT) Nos.185/2017 & 157/2018

..21..

EXHIBIT P4. COPY OF THE ORDER IN OA 1106 OF 2013

DATED 8.8.16 OF THE CENTRAL

ADMINISTRATIVE TRIBUNAL ERNAKULAM

BENCH.

2024/KER/37189