Biju P Bhaskar vs UT OF LAKSHADWEEP on 31 December 2024

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Shri. P.V. Farook, Upper Division Clerk, Electrical Sub-Division, Lakshadweep Office, Willingdon Island, Kochi.

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O.A No.480/2023 and conn.cases 2

5. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

- Respondents [By Advocates: Mrs. Sreekala K.L for R1 to R3 Mrs O.M. Shalina, SCGSC for R5 Mr. K.B. Gangesh for R4] O.A.No.481 of 2023

Thajunisa Beegum, W/o Mohammed Salim, Aged 45 years, Upper Division Clerk,Office of Lakshadweep Public Works Department, Lakshadweep Office, Willingdon Island, Kochi, Residing at: Quarters No.B5, Lakshadweep Residential Complex, Panampilly Nagar, Kochi 682 036

- Applicant [By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr. Kailesh T. Gopi] V e r s u s

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

- Respondents

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O.A No.480/2023 and conn.cases 3 [By Advocates: Mrs O.M. Shalina, SCGSC for R4 Mrs. Sreekala K.L for R1 to R3] O.A.No.482 of 2023

K.P. Ali Akber. S/o Hamsakoya K K(late), Aged 54 years, Upper Division Clerk, Administrative Office, Lakshadweep Office, Willingdon Island, Kochi, Residing at: Flat No. A 6, Lakshadweep Residential Complex. Panampilly Nagar, Kochi 682 036.

- Applicant [By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr. Kailesh T. Gopi, Mrs. Nishitha Balachandran, Ms.Shahanaz Salim] V e r s u s

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

- Respondents [By Advocates: Mrs O.M. Shalina, SCGSC for R4 Mrs. Sreekala K.L for R1 to R3]

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O.A No.480/2023 and conn.cases 4 O.A.No.483 of 2023 Ameenulla.A.C., S/o Koyamma.K.P, Aged 45 years, Multi-Tasking Staff, Electrical Sub Division, Lakshadweep Office, Willingdon Island, Kochi - 682 003, Residing at: Flat No. A 9, Lakshadweep Residential Complex, Panampilly Nagar, Kochi 682 036,

- Applicant [By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr. Kailesh T. Gopi, Mrs. Nishitha Balachandran]

Versus

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

- Respondents [By Advocates: Mrs O.M. Shalina, SCGSC for R4 Mrs. Sreekala K.L for R1 to R3]

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O.A No.480/2023 and conn.cases 5 O.A.No.484 of 2023 Biju P Bhaskar, S/o K.K.Bhaskaran(late), Aged 42 years, Upper Division Clerk, Supply & Transhipment, Department of Posts, Lakshadweep Office, Willingdon Island, Kochi - 682 003, Residing at: Parappatta Kundiyil, Kureekkad.P.O. PIN: 682 305

- Applicant [By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr. Kailesh T. Gopi, Mrs. Nishitha Balachandran]

Versus

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

- Respondents [By Advocates: Mrs O.M. Shalina, SCGSC for R4 Mrs. Sreekala K.L for R1 to R3]

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O.A No.480/2023 and conn.cases 6 O.A.No.485 of 2023

Hussain V.P., S/o. Syed Mohammed, Aged 48 years Multi-Tasking Staff, Adminstrative office, Lakshadweep Office, Willingdon Island, Kochi - 682 003, Residing at: Flat No. A 5, Lakshadweep Residential Complex, Panampilly Nagar, Kochi 682 036.

- Applicant [By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr. Kailesh T. Gopi, Mrs. Nishitha Balachandran]

Versus

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

5. The Director, General Administration and Protocol, Lakshadweep Administration, Kavaratti-682 555

- Respondents [By Advocates: Mrs O.M. Shalina, SCGSC for R4 Mrs. Sreekala K.L for R1 to R3 & R5]

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O.A No.480/2023 and conn.cases 7 O.A.No.486 of 2023 Azhar.B, S/o Sainul Hameed, Aged 45 years, Multi-Tasking Staff, Lakshadweep Medical Store, Willingdon Island, Kochi - 682 003, Residing at: Flat No. A 23, Lakshadweep Residential Complex, Panampilly Nagar, Kochi 682 036.

- Applicant [By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr. Kailesh T. Gopi, Mrs. Nishitha Balachandran]

Versus

1. The Administrator, U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

Special Secretary (Services), U.T. of Lakshadweep, Kavaratti PIN: 682 555.

3. The Secretary (Services), U.T. of Lakshadweep, Kavaratti - PIN: 682 555.

4. Union of India, represented by the Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110 001.

5. The Director, General Administration and Protocol, U.T. of Lakshadweep, Kavaratti-682 555

- Respondents [By Advocates: Mrs O.M. Shalina, SCGSC for R4 Mrs. Sreekala K.L for R1 to R3 & R5]

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O.A No.480/2023 and conn.cases 8 The applications having been heard on 09.12.2024, the Tribunal on 31.12.2024 passed the following:

COMMON ORDER

Since common questions are raised and the official respondents being the same, all these seven Original Applications were tagged, heard together and are being disposed of by this common order.

2. The subject matter of these O.A.s is the challenge against Annexure-A1 order of transfer dated 12.10.2023 whereby the applicants who are presently working in the Administrative Office, Kochi, stand transferred to Kavaratti stating that they are being transferred as part of 'staff rationalization and re-arrangement of staff working at Lakshadweep Office, Willilngton Island, Kochi and as per the recommendation of the Staff Rationalization Committee vide reference cited'. Accordingly, the applicants have been transferred from Kochi; it is stated that they stand relieved with effect from 12.10.2023 that is the day on which these transfers were ordered.

3. The applicants in O.A.Nos.480/2023, 481/2023, 482/2023 and 484/2023 are working in the category of U.D.Clerk whereas the

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O.A No.480/2023 and conn.cases 9 applicants in O.A.483/2023, 485/2023 and 486/2023 are working as Multi Skilled Employees. The impugned order in respect of U.D.Clerks is Annexure-A1 in O.A.Nos.480/2023, 481/2023 482/2023 and 484/2023, whereas the applicants in O.A.Nos.483/2023, 485/2023 and 486/2023 were transferred by Annexure-A1 exhibited respectively in O.A.s transferring them in the same manner in which U.D.Clerks were transferred.

4. O.A.480/2023 is taken as the leading case and the documents in this case will be referred to hereafter.

5. In O.A.480/2023 apart from the official respondents 1 to 3 and 5, the 4th respondent is a private respondent whose position also stands changed under Annexure-A1 order. By the order he has been retained in Kochi and posted the place where the applicant is presently working. So he has impleaded as the 4th respondent.

6. Now, I shall briefly state the pleadings in each case. Applicant in O.A.480/2023 is a U.D.Clerk, who was recruited directly as U.D.Clerk and was transferred and posted to the Administrative Office, Kochi on 13.04.2023. When Annexure-A1 order was issued, according to

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O.A No.480/2023 and conn.cases 10 the applicant, she had completed only six months after transfer, that as per Annexure-A4 policy circular issued by the Administration she has a tenure for two years, but before the expiry of two years she has been prematurely transferred, which is illegal. Secondly, her children are studying in Kendriya Vidyalaya, Kochi in Standard V and VII and the transfer order during the middle of the academic year is illegal and liable to be interfered with. Thirdly it is stated that such an order, without completing the tenure and in the middle of the academic year, was passed without the approval of the Administrator as provided in clause 8 of Annexure-A4. On that ground also Annexure-A1 is liable to be quashed. Moreover, it is submitted that the order has been been passed without the recommendations of the placement committee as required in T.S.R.Subramanian & others v. Union of India and others [AIR 2014 SC 263]. It is further stated that her husband is an Assistant Surgeon in THQ Hospital, Fort Kochi in Kerala Government service and transfer would disrupt her family and is against the principle accepted by the Government that both the spouses should be posted in the same station. That means, such a transfer is violative of Annexures-A6, A7 and A8

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O.A No.480/2023 and conn.cases 11 instructions. She has also further stated her personal inconveniences that she has to look after her ailing father who had undergone ephrectomy, she had also lost her only brother and mother after 2016, that she has to look after the young children studying in Kendriya Vidyalaya, Kadavanthra and therefore the present order prematurely transferring her to Kavaratti will cause her undue hardships and heartburns and therefore Annexure-A1 is sought to be quashed.

7. The applicant also submits that such an order was shown issued on 12.10.2023 with a direction to relieve them by the afternoon. But the order was never communicated to them. She got information about the transfer through some personal whatsapp groups. Immediately she rushed to the Tribunal and obtained an order of stay. According to them, the very manner in which transfers are ordered will show the malafide attitude of the official respondents.

8. Applicant in O.A.481/2023 is also a U.D.Clerk transferred to Kochi on 09.12.2022. She started career as LDC on 18.03.2002. She has also raised common grievance that she has been transferred after nine months of posting in Kochi. She is looking after her parents. Her father

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O.A No.480/2023 and conn.cases 12 had undergone by-pass surgery and mother underwent angioplasty recently. Her only daughter is studying in Classs-XI in Sacret Heart School, Thevara, Kochi and it is unwholesome that she is transferred during the middle of the academic year. She has raised similar other contentions as in O.A.480/2023.

9. Applicant in O.A.482/2023 was transferred to Kochi on 28.11.2022. From Annexure-A2 office order dated 04.11.2022 it is clear that he was transferred from Kavaratti to Kochi for wife's medical treatment. His wife had undergone histerectomy recently, now he is set to be transferred after nine months.

10. Applicant in O.A.483/2023 is a Multi Tasking Staff transferred to Kochi on 10.04.2023 as per Annexure-A2. He joined Kochi on 10.04.2023. His daughter is studying in Standard XII and preparing for NEET MBBS examination. At this point, it is uncharitable to transfer him to Kavaratti.

11. Applicant in O.A.484/2023 is a U.D.Clerk. He started career as L.D.Clerk on 13.10.2000 and was transferred to Kochi and joined duty on 14.11.2022. His wife is a Staff Nurse in Medical College Hospital,

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O.A No.480/2023 and conn.cases 13 Kottayam. He has also to look after his widowed mother besides the children aged 6 and 3 years.

12. Applicant in O.A.485/2023 is a Multi Tasking Staff commenced service on 18.07.2016. He was transferred to Kochi by Annexure-A2 order dated 20.12.2022. He joined duty on 12.01.2023. His elder daughter is studying in Class-XII and younger son in Class VIII.

13. Applicant in O.A.486/2023 is also a Multi Tasking Staff commenced service from 21.05.2004. On transfer, he joined Kochi office on 20.12.2022. He has been transferred under Annexure-A1 before completion of the tenure.

14. Respondents 1 to 3 filed reply in O.A.480/2023 denying the allegations in the O.A. According to them, it is not a rotational or routine transfer, but is part of rationalization and re-organisation of Kochi office. A committee was constituted with Sri.A.Vikranth Raja IAS, Secretary, Sri.Arjun Mohan IAS, Collector and Sri.Giri Sankar IAS, Additional District Magistrate and they made recommendations for re- organisating and rationalising the office and thus surplus staff were ordered to be posted elsewhere in the islands and that was how

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O.A No.480/2023 and conn.cases 14 Annexure-A1 was issued.

15. Regarding the non-communication of the order it is submitted that there was some network issues and the order could be communicated only on 13.10.2023. Further, orders/circulars of the Government are communicated to the employees through their officers only; as the electronic media is the accepted form of communication in the present era, the copy of the order was sent through the official whatsapp groups also.

16. It is also stated that it is the policy of the administration to consider and give priority to those employees who are under treatment for major diseases like cancer, dialysis and heart related ailments who follow up chemotherapy and surgery as those treatments are not available in Lakshadweep islands. In all other cases the employees do not have vested right in any place; thus while repatriating the surplus staff the Annexure-A1 order was issued which cannot be called in question. Further, referring to the report of the committee it is stated that some departments need to be shifted from Kochi to other islands. Hence common cadre staff were reorganised by service departments.

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O.A No.480/2023 and conn.cases 15 Otherwise, these staff were supposed to be transferred to the LPWD, Minicoy/Androth as the office was shifted to Minicoy. So, the present order has been issued to safeguard the common cadre staff of LPWD to avoid more complication.

17. Besides, according to the respondents, considering the oncoming Parliament election 2024, orders of transfer had to be issued during the middle of the academic year. Referring to the decision in State of Madhya Pradesh and others v. S.S.Kourav and others [(1995) 3 SCC 270] it is submitted that the Court is not expected to consider the relative hardships of the employee. It is for the administration to consider the facts of a given case and mitigate the real hardships in the interest of good and efficient administration.

18. According to the respondents, Annexure-A1 cannot be taken as a regular transfer. It was issued as part of the process of reorganisation/rationalization of the staff of Lakshadweep Administrative office. Administration cannot wait for completion of tenure of each and every employee to effect rationalization/reorganisation of the administrative machinery. As per the report of the committee, some

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O.A No.480/2023 and conn.cases 16 departments need to be shifted from Kochi to other islands and hence common cadre staff were reorganised by the service departments. That was how Annexure-A1 was issued.

19. Further, the applicants do not have any vested right to continue in Kochi. It is further stated that it is not part of rotation or routine transfer so that approval of the Administrator is not warranted.

20. The respondents have also stated that there are high standard schools in Kavaratti. Even the children who are studying in Standard XII can continue their studies in the Kendriya Vidyalaya, Kavaratti and that aspect cannot be taken as a ground for cancelling the Annexure-A1 order which has been issued in public interest on administrative reasons.

21. Moreover, out of the 25 transfers issued in Annexure-A1, 16 have already joined the new stations only these applicants have challenged the correctness of Annexure-A1. Therefore, the Original Application is sought to be dismissed.

22. The party respondent, the 4th respondent filed separate reply stating that he is a person having 40% disability, his son is pursuing

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O.A No.480/2023 and conn.cases 17 education in main land, his wife had passed away on 08.07.2021 due to Covid. He has also pointed out that the applicant does not raise any allegation of malafides against the administration. Therefore, he is entitled to be continued in the Administrative Office, Kochi.

23. The applicant filed separate rejoinders against the replies of the official respondents as well as that of the 4th respondent and contended that he is entitled to continue in the Kochi office.

24. Meanwhile, the respondents produced certain documents through an M.A. and submitted that the transfer was made as part of rationalization and re-organisation. In Annexure-MA1 that decision was challenged by some of the contractors who are dealing with the administrative departments, which has been rejected by the Hon'ble High Court in Annexure-MA2 order in WP(C) No.34637/2023.

25. Referring to Annexure-MA3 it is pointed out that the three member committee had made recommendations for reducing the staff strength of the administrative office. Earlier, total strength in the administrative office was 99 in various departments like Administrative office, offices of the Port, Shipping and Aviation, Fisheries, Field Pay Unit,

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O.A No.480/2023 and conn.cases 18 LPWD, Electricity, Medical, Education, IR Battalion, Special Branch and LITSS. The committee after making visit to main land offices in Kochi, Mangalore and Baypore made recommendations for reducing the staff strength to 39. Thus these orders were passed on 12.10.2023. The learned Standing Counsel also relied on Annexure-MA4 order dated 21.11.2023. Referring to Annexure-R1(b) produced through additional reply it is submitted that earlier, when a Senior Physician in Indira Gandhi Hospital at Kavaratti was transferred from Kavaratti to Amini by shifting the post, the said Physician had challenged the same before the Tribunal, which was dismissed by Annexure-R1(c). Therefore, such a contention regarding shifting of office cannot lie.

26. Applicant filed a rejoinder to the reply filed by the respondents 1 to 3 and submitted, referring to the Annexure-A9 O.M. dated 12.04.2017 that the instructions have to be followed in the matter of creation/revival/continuation of posts in all Ministry/Departments and their attached offices. So, according to the respondents, while shifting the administrative office from Kochi to other offices which amount to abolition of the posts in Willington Island in Kochi and for shifting the

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O.A No.480/2023 and conn.cases 19 same there should have been approval of the competent authority. It amounts to abolition of posts from Kochi and creation of new posts in other islands which could have been done only with the concurrence at the appropriate level as mentioned in Annexure-A9. So, according to the applicant, shifting of departments from Kochi would involve shifting of posts which means transfer/abolition of posts at Kochi. That could have been done with the concurrence at the appropriate level of the competent authority. The Administrator do not have any power to shift or create new posts which are vested in the Finance Minister or atleast at the appropriate level as mentioned in the O.M. But no such order has been obtained by the respondents justifying the decision to shift the post from Kochi to Kavaratti or Minicoy, as the case may be.

27. The applicant filed additional rejoinder also.

28. Similar pleadings were filed in all the other cases. I heard Sri.T.C.Govindaswamy on behalf of the applicants and Smt.Sreekala K.L., the learned Standing Counsel for the official respondents, Sri.K.B.Gangesh, learned counsel for the 4th respondent in O.A.480/2023.

29. According to the learned counsel for the applicants, the

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O.A No.480/2023 and conn.cases 20 Annexure-A1 demonstrates orders being passed by the respondents in total violation of Annexure-A4 circular which governs the subject. All the applicants have been transferred premature, before completing their tenure. It is the settled policy that they are entitled to continue in a mainland station for atleast two years, but after transferring them to Kochi office, before the expiry of six/nine months they have been transferred to different stations, which is illegal. The Annexure-A4 insists that if such a premature transfer is done, it should be with the concurrence of the Administrator, but no such approval has been obtained. The Adviser to the Administrator is alien to the service jurisprudence. He has no power or authority to grant any approval.

30. The learned counsel has challenged the very authority of appointment of a committee for rationalization or reorganisation. The power for appointment itself has been called in question. It is non-est and there is nothing in evidence to show that the recommendations of the committee were approved. Referring to Annexure-A5 in O.A.486/2023 learned counsel submitted that Annexure-A1 was issued prior to the issue of Annexure-A5. Moreover, the way in which the

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O.A No.480/2023 and conn.cases 21 applicant was sought to be relieved in the very evening of 12.10.2023 itself exhibits malafide and therefore, all these applicants are entitled to continue. Moreover, it has been issued in the middle of the academic year. There are children who are studying in Standard XII. It is also the accepted principle that spouses should be allowed to remain together. All these principles have been thrown to the winds and therefore he pressed for allowing all the O.A.s

31. On the other hand, according to Smt.Sreekala, the applicants do not have a case for getting the Annexure-A1 struck down. These applicants are either Upper Division Clerks or Multi Tasking Staff, who belong to the common pool, drawn from different departments. The administration does not have sanctioned posts for employment in the Administrative Office, Kochi. The applicants did not produce any order by which posts were sanctioned for the Kochi Office. The respondents cannot produce any such order, because such orders do not exist. The applicants could have sought for getting necessary documents under the Right to Information Act. But without making any attempt, they have approached this Tribunal as if Annexure-A1 is a rotational transfer, in fact

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O.A No.480/2023 and conn.cases 22 it is not an ordinary routine transfer, but were issued on the basis of the recommendations of the rationalization committee which had taken evidence from all the mainland offices.

32. According to the learned Standing Counsel, by the advancement of Information Technology and installation of optical fibre cable, all offices in the islands are made e-offices and have easy access with the main land, so that it is not necessary to maintain representatives in the administrative office and that was how they seriously thought of the rationalizing and re-organising the offices; after the report of the committee, which was accepted, all the works in the Kochi office are brought under the Administrative Office, the number of staff is also reduced considerably and excess staff are being repatriated and sent back to different sections in different islands. So, the learned Standing Counsel has sought for dismissing the O.A.s

33. Sri. Gangesh representing the 4th respondent in O.A.480/2023 also supported the arguments of the learned Standing Counsel. According to him, the 4th respondent is a single parent and his child is studying in Kozhikode, he is having 40% permanent disability and is

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O.A No.480/2023 and conn.cases 23 entitled to continue in Kochi during the tenure. The allegations raised againt him are also denied.

34. As mentioned earlier, the common case of the applicants is that they were appointed in Kochi office either in 2022 or 2023 and are being transferred premature which is illegal and violative of the provisions in Annexure-A4 circular governing the subject of transfer. They say that they are entitled to continue till the expiry of minimum two years as stated in the circular. The applicants have stated other personal reasons also, for continuing in Kochi.

35. It is true that all the applicants, who are being transferred under Annexure-A1 have not completed two years, which is the minimum period stipulated for a posting in Kochi Office or any office in main land, either in Baypore or in Mangalore. So, they say that before the expiry of the said period of two years, they should not have been transferred. But the argument of the applicants are liable to be rejected for reasons more than one.

36. Firstly, from the face of Annexure-A1 it is clear that it is not a rotational or routine transfer. The impugned orders were issued as part

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O.A No.480/2023 and conn.cases 24 of staff rationalization and rearrangement of employees working at Lakshadweep office at Kochi and as part of the same, a committee consisting of three IAS officers, stated supra, were appointed. Annexure- R1(a) dated 24.08.2023 shows that such a committee was constituted on the basis of the decision to rationalise the staff posted at offices of Lakshadweep Administration at Kochi, Beypore and Mangalore so that the surplus staff deployed in these places can be productively deployed in the islands for the welfare of the people of Lakshadweep. Accordingly, the committee was directed to visit all the offices of Lakshadweep Administration at Kochi, Beypore and Mangalore and understand the works being done by the staff posted there, assess whether the same work can be done by the staff posted in Kavaratti or other islands and recommend regarding minimum number of staff to be posted in these offices. The committee was given fifteen days time to furnish the report. On that basis, the committee filed report containing recommendations which has been produced by the learned Standing Counsel as Annexure- MA3 along with M.A.511/2024.

37. Annexure-MA3.shows that the Staff rationalization

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O.A No.480/2023 and conn.cases 25 Committee had taken stock of the position after vising the stations. They found that 99 employees were working in the Administrative office. The split up figurs are also given in Annexure-MA3 produced along with M.A.511/2024. Department wise statements are given in document. The total strength in various departments at the time of issue of Annexure-R1 was 99. After evaluation the committee recommended to reduce the number of post to 39. Initially they made the following observations: “1) Each department is working in silos and AO at present is rarely supervising the day day activities of other departments.

2) There is reluctance among departments to withdraw staff from Kochi.

3) The Administrative structure (including supervisory control) needs to be changed for better coordination in Kochi and for effective streamlining of work post rationalization.

4) There are many activities which can be outsourced by various departments. The committee also observed that

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O.A No.480/2023 and conn.cases 26 there is a need for developing local entrepreneurs and give supply order to them. Also, empanelment of courier agencies and fixing rate will also help in getting delivery point as islands. UTL Administration should play a proactive role in this.” On that basis, the following recommendations have been made by the committee. “ 1) The hierarchy of Kochi Administrative Office has to be changed and all the department and staff need to be brought under the control of AO. Moreover, AO should be the representative of all departments in Kochi and he/she should coordinate for all works of every department through the common staff posted under him. Even though departmental staff will be carrying out respective departmental work. AO shall empowered to give them additional work relating to any other department based on the work load and urgency factor. A hierarchy along with number of staff to be retained proposed at the end of this document.

2) DD (S&T) may also be designated as Deputy Administrative

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O.A No.480/2023 and conn.cases 27 Officer (Dy AO). He will act as the Second in Command at Kochi office.

3) AO Office will work under the supervision of Department of General Administration an Protocol.

4) Financial power of AO has to be revised positively...........“ Thus the department wise recommendations have been done.

38. In other words, prior to the appointment of the rationalization committee and submission of the above stated recommendations each and every department in Kavaratti were having independent mode of operation which has been disapproved by the Committee. Each major department in Lakshadweep was maintaining separate office in Kochi. Later, that was found to be unnecessary and superfluous, thus the said committee was appointed and based on the above stated recommendations the Annexure-A5 order in O.A.486/2023 was issued by the Director, General Administration Protocol on 13.10.2023. That order reads thus: “A three-member committee was constituted for the purpose of rationalizing the staff posted in the Administrative

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O.A No.480/2023 and conn.cases 28 Office, Kochi. The report referenced above submitted by the committee is accepted and it is decided to implement the recommendations made by the committee. Accordingly, the following orders are made for implementation with immediate effect.

1. The Administrative Office, Kochi shall function directly under the administrative control and supervision of Department of General Administration and Protocol (GAP). The Administrative Officer shall report to Secretary (GAP).

2. All Departmental staff working at Kochi shall report to the Administrative Officer, Kochi. A hierarchy of staff posted in Kochi is given in Annexure A for strict implementation.

3. All Secretaries/Departmental Heads will address all orders/letters/other communications to Administrative Officer, Kochi, instead of their departmental staff. Also, correspondence sent to Headquarters/Islands from Kochi shall be issued with approval of Administrative Officer

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O.A No.480/2023 and conn.cases 29 Kochi.

4. The distribution of work to common cadre staff in the Kochi office shall be done by Administrative Officer. He shall be responsible for monitoring all the activities related to UTLA in mainland and shall coordinate for various works/activities in mainland.

5. DD (S&T) shall be the second in command at the Administrative Office, Kochi and shall directly report to the Administrative Officer, Kochi. DD (S&T) shall act as link officer to Administrative Officer, Kochi.”

39. The sequences of events stated above clearly indicate that prior to the appointment of the rationalization committee a system was in vogue in which sections were maintained by each major department in Lakshadweep Administrative Office, Kochi and the Administrative Officer had no control over them. By the advent of Information Technology and the establishment of e-offices, the administration thought not necessary to maintain such offices in the administrative office. Instead, they thought of rationalising the entire system. Thus, the

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O.A No.480/2023 and conn.cases 30 committee of high officials was appointed who made recommendations and such recommendations were accepted based on which Annexure-A1 orders were passed by the respondents.

40. It may be true that Annexure-A1 order was passed before Annexure-A5 order in O.A.486/2023. Whatever it may be, given the sequences of events, on the basis of the recommendations of the rationalization committee the Administration decided to slash the number of staff in the Administrative office. That necessarily required posting some of the officers who were found in excess on the basis of Annexure-MA3 order and they were sent back and redeployed in different offices in Kavaratti, Minicoy etc.

41. The very fact that Annexure-A1 is not a rotational transfer cuts the root of the contentions of the applicants that they have been prematurely transferred that too without the approval of the Administrator. If it was a routine transfer, necessarily they could legitimately expect to continue in the main land office for atleast two years. But here, after a policy decision was taken by the administration for rationalising/re-organising the entire machinery, they have decided to

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O.A No.480/2023 and conn.cases 31 slash the number of posts in the Administrative Office, the very functioning of the office has been refurbished and that was how transfer orders were issued in public interest which cannot be called in question.

42. As rightly pointed out by the learned Standing Counsel, the policy decision to shift the offices from Kochi to Kavaratti based on reasons which are very valid, was the subject matter of a Writ Petition before the Hon'ble High Court. Some of the traders and contractors with whom the Administration used to interact for procurement and supply of items had challenged the decision before the Hon'ble High Court through W.P.(C) No.34637/2023. But after hearing both sides, on the submission that the Kochi office will not be closed down fully and only a few components of the office have been shifted, recording the submission, the Writ Petition was closed by the High Court. That means, such a challenge was not accepted by the Hon'ble High Court.

43. Learned counsel for the applicants strongly submitted that shifting of posts involve abolition of posts from Kochi office and creation of new posts in the respective islands, whereever such shifting has been done, it is against the instructions in Annexure-A9. But after carefully considering

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O.A No.480/2023 and conn.cases 32 the materials on record and also arguments of the learned counsel on both sides, such a contention does not appear sound. Firstly, it is the definite case of the official respondents that what has been tried to be shifted from Kochi to other islands is the common cadre staff posts like LDC, UDC, Multi Tasking Staff, Technical staff etc. They have also asserted that such posts were not created specifically for the Kochi office, but, as and when required, the respective departments were sending staff from the common pool for their convenience in Kochi. Till the Annexure-A5 order in O.A.486/2023 the Administrative Officer at Kochi had no control over such staff. They were reporting to the respective departments in Kavaratti. In order to attract Annexure-A9 O.M., which is comprehensive instructions for creation, revival, continuation and transfer of posts, it is necessary for the applicants to establish that these posts were created specifically for the Kochi office. Despite the very denial of the contentions by the respondents, the applicants did not take care to establish that any such post was created for the Kochi office. It is a matter of administrative convenience to post staff members in Kochi. Moreover, as already stated, the sequences of events prior to the

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O.A No.480/2023 and conn.cases 33 rationalization, those employees were being controlled by the respective departments. The Administrative Officer had no control over them. By the advancement of Information Technology, invitation of quotations for supply of materials online became very easy and it is not necessary to maintain so much number of staff in main land. Everything could be controlled from Kavaratti office itself. Therefore, it was the wisdom of the respondents to cut short the number of employees in Kochi office. The learned Standing Counsel has spoken about installation of optical fibre cable, introduction of courier services etc. that brought about easy access with the main land and contractors. Therefore, the rationalization committee found it necessary to maintain only skeleton staff in Kochi office, that too under the direct control of the Administrative Officer. By the introduction of new system, so much staff, that is 99, were found to be excessive and in the process of slashing the number, these applicants along with the others were transferred by shifting the posts to Kavaratti, Minicoy, Androth etc.

44. During the course of arguments, the learned Standing Counsel pointed out that, before the establishment of the Administrative

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O.A No.480/2023 and conn.cases 34 Office at Kochi, it was functioning in Beypore. Kochi office was established to suit the convenience of the Administration. According to her, at that time passenger ships were sailing between the islands and Beypore, now it has been discontinued. It is a pointer. As pointed out earlier, there is no evidence of creation of posts for the Beypore office or for shifting the same to Kochi.

45. That means, there is absolutely no material to say that so much posts were created for the Administrative Office, Kochi. Then only the question of abolition, creation etc. will arise. In my reading, Annexure-A9 dated 12.04.2017 has no application in the present context. It was the common cadre staff who were being deployed on need basis from Kavaratti to Kochi office. On the finding of the rationalization committee unnecessary and extravagant posts were discontinued and so much posts in Kochi were shifted; that was how this exercise was done by the Administration. Number of posts were cut short and the applicants along with others were transferred to Kavaratti and other islands. I have already stated earlier that this is not part of rotational transfer and the transfers were effected on the basis of the decision of

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O.A No.480/2023 and conn.cases 35 the rationalization committee.

46. That means, there does not arise any question of abolition, surrender of posts etc. which required concurrence from the Ministry of Finance, as understood in Annexure-A9. These are internal matters dealt with by the Administration in public interest. All these applicants belong to common pool and were transferred from other islands, came to Kochi office during 2022-2023, as part of transfer. Since they are being transferred by shifting the posts from Kochi to other islands, question of abolition of posts is out of place. As part of re-organisation the number of posts in Kochi were cut short and the incumbents were transferred as a necessary corollary, as part of re-organisation and rationalization.

47. It is on the basis of the exigency of service, that the applicants were transferred. Therefore, Annexure-A4 or the necessity of getting concurrence of the Administrator etc. does not arise. In the circumstances, it is not necessary for me to consider the arguments based on the decisions in S.S.Kourav, quoted supra, Shilpi Bose and others v. State of Bihar and others [AIR 1991 SCC 532], Union Of India & Ors vs H.N. Kirtania [1989 SCR (3) 397] etc.

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O.A No.480/2023 and conn.cases 36

48. It was also argued that the transfers were done out of sheer vendetta, favouritism and against public interest, the contentions lack particulars when a policy decision was taken for pruning the number of posts, necessarily some of them need to be posted out. There is no reason for showing any vendetta or favouritism. It is the wisdom of the men at the helm of affairs as to who should be retained and who should be moved out. The Tribunal cannot pronounce on the comparative hardships or how some of them were picked up and chosen. It is for the employer to decide who should work, where.

49. Even though all the applicants were transferred before completing the tenure of two years, in the given backdrop, that does not warrant interference by the Tribunal. It has come out that the applicant in O.A.480/2023 was transferred on 13.10.2023. It is true that ordinarily she would have continued till 13.10.2025. But since her post has been shifted from Kochi to Kavaratti as part of rationalization, her contention of premature transfer cannot be appreciated. She had also argued that she is entitled to continue on spouse ground since her husband is working as Assistant Surgeon in Kerala Medical Services; she has

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O.A No.480/2023 and conn.cases 37 highlighted other personal reasons regarding the treatment of her father; it is also stated that her children are studying in Kendriya Vidyala, but those are not valid grounds to retain her in Kochi. If her contention on spouse ground is allowed, she cannot ever be transferred from Kochi because her husband is working in Kerala Government service. Therefore, the contentions raised by the applicant in O.A.480/2023 cannot be accepted.

50. The applicant in O.A.482/2023 was appointed here in 28.11.2022. By now, he has completed two years of service. Even otherwise, his contention that he is entitled to continue since his wife had undergone hysterectomy and needs continued treatment does not appeal to reason. Hysterectomy, after all a routine surgical procedure, for which he cannot seek retention in Kochi for a block period of service. That means, he is not entitled to succeed.

51. The applicant in O.A.483/2023 is an MTS. At the time of moving the application in 2023 his daughter was in Class-XII. He has sought relief since the daughter is preparing for NEET examination. By lapse of time she must have completed her Class-XII examination and

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O.A No.480/2023 and conn.cases 38 therefore, the applicant posted on 10.12.2023, for the reasons already stated, cannot seek retention till the expiry of two years.

52. In O.A.484/2023 the applicant is a UDC. He was posted in Kochi on 14.11.2022. By now, he has also completed two years. The other ground that his wife is a Staff Nurse in Medical College Hospital, Kottayam, has widowed mother, children are studying in Standard VI and III etc. are not valid grounds to retain him in Kochi.

53. The applicant in O.A.485/2023 is an MTS. He was posted in Kochi on 12.01.2023. He says that his daughter is in Class-XII and the son in Class-VIII. By lapse of time the daughter might have completed course in Standard-XII and he is also not entitled to be retained in Kochi.

54. Applicant in O.A.486/2023 is also a Multi Tasking Staff commenced service from 21.05.2004. On transfer, he joined Kochi office on 20.12.2022. He is aggrieved by premature transfer. By now, he has completed two years tenure. He is also not entitled to be retained in Kochi.

55. All the same, in my reading, applicant in O.A.481/2023, Thajunisa Beegum stands out from others. Even though she was posted

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O.A No.480/2023 and conn.cases 39 in Kochi office on 09.12.2022, by now two years have completed; but the one ground that her daughter is studying in Standard-XI in 2023 makes out the case different. By now, her daughter must be in Standard-XII. It is not appropriate to transfer such a parent during the last leg of the academic year. Therefore, even though she has already completed the tenure, she should be allowed to continue till 31.03.2025, to facilitate her daughter to complete the academic year in Kochi. Subject to these observations, all the Original Applications are dismissed. In the result, O.A. Nos.480/2023 and 482/2023 to 486/2023 are dismissed. O.A.481/2023 is dismissed directing the respondents to allow the applicant to continue in Kochi till 31.03.2025 enabling the daughter to complete her academic year. Interim orders are vacated. (Dated, this the 31st December, 2024.)

JUSTICE K. HARIPAL JUDICIAL MEMBER

ds

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O.A No.480/2023 and conn.cases 40 List of Annexures O.A.No.480/2023 Annexure A-1: Order bearing F.No.12/65/2023-Services/2972 dated 12.10.2023 issued by the 2nd respondent. Annexure-A2: A true copy of the order bearing F No.12/56/2022- Services/999 dated 03.04.2023 by the second respondent. Annexure-A3: A true copy of the representation dated 09.10.2023 addressed to the second respondent. Annexure A4: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012, issued by the Lakshadweep Administration Annexure A5: True copy of the DoP&T Office Memorandum No. 11013/10/2013-Estt. A dated 2nd July 2015 Annexures-A6: True copy of the Office Memorandum by the DoP&T under No.280/34/2/97-Estt. (A) dated 12.06.1997. Annexures A7: True copy of the Office Memorandum by the DoP&T under No. 28034/9/2009-Estt(A) dated 30.09.2009 Annexures-A8: True copy of the O. M. issued by the DoP&T under No. DOPT-1669289899529 dated 24.11.2022 Annexure-A9: A true copy of the order bearing No.7(1)/E.Coord-1/2017 dated 12.04.2017. Annexure-A10: A true copy of the DoP&T Memorandum bearing No.F28034/9/2009-Estt(A) dated 30th September, 2009.

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O.A No.480/2023 and conn.cases 41 Annexure-A11: A true copy of the medical records indicating the treatment of applicant's father. Annexure R1(a): Order F.No.55/04/2023-Genl/2636 dated 24-08-2023. Annexure R1(b): True copy of the Office Order F. No. 12/3/2006-Services dated 16.02.2008 issued by the Director of Services. Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated 08.02.1999 Annexure-R4(a): True copy of office order F No. 12/56/2022/- Services/114 dated 11.01.2023 issued by Special Secretary (Services), Lakshadweep Administration Annexure-R4(b): The true copy of the Certificate for Persons with Disabilities, bearing certificate number 350 dated 06.03.2010 issued to the 4th respondent Annexure-R4(c): The true copy of the death certificate of 4th respondent's wife dated 14.07.2021 issued by the Department of Panchayath. Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy of the judgment in WP(C) 34637 of 2023 Annexure MA3: True copy of the F.No. 55/04/2023- Genl/2875 dated 29.09.2023 Annexure MA4: True copy of the F.No.41/1/2018- Genl-II/755 dated 21.11.2023 Annexure MARI: True copy of the F.No. 41/01/2022-Genl.ll dated 08.07.2024

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O.A No.480/2023 and conn.cases 42 O.A No. 180/00481/2023 Annexure A-1: A true copy of the Order bearing F.No.12/65/2023- Services/2972 dated 12.10.2023 issued by the 2nd respondent. Annexure-A2: A true copy of the circular bearing No. 12/03/2012- Services dated 07.03.2012 Annexure A3: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015 Annexures-A4: True copy of the Office Memorandum by the DoP&T under No.280/34/2/97-Estt. (A) dated 12.06.1997 Annexures A5:True copy of the Office Memorandum by the DoP&T under No. 28034/9/2009-Esn(A) dated 30.09.2009 Annexures-A6: True copy of the O. M. issued by the DOP&T under No.1669289899529 dated 24.11.2022 Annexure R1(a): F.No. 55/04/2023-Genl/2636 dated 24-08-2023 Annexure R1(b): True copy of the Office Order F.No.12/31/2015- Services/2491 dated 05.07.2016 issued by the Director of Services Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated 08.02.1999 Annexure-A7: A true copy of Government of India, Department of Expenditure order bearing No.7(1)/E.Coord-1/2017 dated 12.04.2017 Annexure-A8: A true copy of the office order bearing F. No. 55/04/2023- Genl. Dated 13.10.2023 issued from the office of the Director General

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O.A No.480/2023 and conn.cases 43 Administration and Protocol. Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy o the judgment in WP(C) 34637 of 2023 Annexure MA3: True copy of the F.No. 55/04/2023- Genl/2875 dated 29.09.2023 Annexure MA4: True copy of the F.No.41/1/2018- Genl-II/755 dated 21.11.2023. Annexure MA RI: True copy of the post creation sanction order in LPWD issued by the Ministry of Works and Housing, Govt. of India F. No. 25014(2)/80-EW2 dated 15.06.1981 O.A No. 180/00482/2023 Annexure A-1- Order bearing F. No.12/65/2023-Services/2972 dated 12.10.2023 issued by the 2nd respondent. Annexure-A2: A true copy of the order bearing F no. 12/29/ 2021- Services/2261 dated 04.11.2022 by the second respondent. Annexure-A3: A true copy of the representation dated 11.10.2023 addressed to the second respondent Annexure A4: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012, issued by the Lakshadweep Administration. Annexure A5: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015.

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O.A No.480/2023 and conn.cases 44 Annexures-A6: True copy of the Office Memorandum by the DoP&T under No.280/34/2/97-Estt.(A) dated 12.06.1997. Annexures A7:True copy of the Office Memorandum by the DoP&T under No. 28034/9/2009-Estt(A) dated 30.09.2009 Annexures-A8: True copy of the O. M. issued by the DoP&T under No. DOPT-1669289899529 dated 24.11.2022 Annexure R1(a): F.No. 55/04/2023-Genl/2636 dated 24-08-2023. Annexure R1(b): True copy of F. No. 12/49/98 Services (2) dated 01.12.1998 issued by the Director of Services Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated 08.02.1999 Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy of the judgment in WP(C) 34637 of 2023 Annexure MA3: True copy of the F.No. 55/04/2023- Genl/2875 dated 29.09.2023 Annexure MA4: True copy of the F.No.41/1/2018- Genl-II/755 dated 21.11.2023 Annexure MA R1: True copy of post creation order in tourism department Lakshadweep Office issued by the F.No. 10/37/90-Tourisam

(1) dated 13.09.1990 O.A.No.483/2023

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O.A No.480/2023 and conn.cases 45 Annexure A-1- Order bearing F. No.A-22016/3/2017-Estt-UT-LKS/2971 dated 12.10.2023 issued by the 2nd respondent. Annexure-A2: A true copy of the order bearing F. No.A-22016/2/2017- Estt-UT-LKS/1632 dated 10.04.2023 by the second respondent. Annexure-A3: A true copy of the representation dated 12.10.2023 addressed to the second respondent Annexure A4: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012, issued by the Lakshadweep Administration. Annexure A5: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015. Annexures-A6: True copy of the Office Memorandum by the DoP&T under No.280/34/2/97-Estt.(A) dated 12.06.1997. Annexures A7:True copy of the Office Memorandum by the DoP&T under No. 28034/9/2009-Estt(A) dated 30.09.2009 Annexures-A8:True copy of the O. M. issued by the DoP&T under No. DOPT-1669289899529 dated 24.11.2022 Annexure R1(a): F.No. 55/04/2023-Genl/2636 dated 24-08-2023. Annexure R1(b): True copy of Office Order F. No. 20/02/2015-Estt/2403 dated 30.06.2016 issued by the Director of Services Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated 08.02.1999 Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy of the judgment in WP(C) 34637 of 2023

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O.A No.480/2023 and conn.cases 46 Annexure MA3: True copy of the F.No. 55/04/2023- Genl/2875 dated 29.09.2023 Annexure MA4: True copy of the F.No.41/1/2018- Genl-II/755 dated 21.11.2023 Annexure MAR1: True copy of the letter of the Ministry of energy (Dept. of Power), New Delhi F.No. 46/02/79-Desk-I dated 14-1-1980 O.A.No.484/2023 Annexure-A1: Order bearing F. No.12/65/2023-Services/2972 dated 12.10.2023 issued by the 2nd respondent. Annexure-A2: A true copy of the order bearing F no. 12/29/ 2021- Services/2261 dated 04.11.2022 by the second respondent. Annexure A3: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012, issued by the Lakshadweep Administration. Annexure A4: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015. Annexure-A5: True copy of the Office Memorandum by the DoP&T under No.280/34/2/97-Estt.(A) dated 12.06.1997. Annexure A6: True copy of the Office Memorandum by the DoP&T under No. 28034/9/2009-Estt(A) dated 30.09.2009 Annexures-A7:True copy of the O. M. issued by the DoP&T under No. DOPT-1669289899529 dated 24.11.2022 Annexure R1(a): orderF.No.55/04/2023-Genl/2636 dated 24-08-2023.

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O.A No.480/2023 and conn.cases 47 Annexure R1(b): True copy of Office Order dated 20.10.2000 issued by the Secretary (Administration) Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated 08.02.1999 Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy of the judgment in. WP(C) 34637 of 2023 Annexure MA3: True copy of the F.No. 55/04/2023- Genl/2875 dated 29.09.2023 Annexure MA4 True copy of the F.No.41/1/2018-Genl-ll/755 dated 21.11.2023 Annexure MA R1: True copy of the Communication dated 08.07.2024 of the Assistant Engineer (Shipping) O.A.No.485/2023 Annexure-A1: True coy of the Order bearing F. No.A-22016/3/2017-Estt- UT-LKS/2971 dated 12.10.2023 issued by the 2nd respondent Annexure-A2: A true copy of the order bearing F no. A- 22015/4/2019- Estt-UT-LKS2911 dated 20.12.2022 by the second respondent. Annexure-A3: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012 issued by the Lakshadweep Administration. Annexure A4: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015. Annexure A5: True copy of an Office Order bearing F. no. 55/04/2023-

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O.A No.480/2023 and conn.cases 48 Genl dated 13.10.2023, issued by the fifth respondent. Annexure R1(a): F.No. 55/04/2023-Genl/2636 dated 24-08-2023. Annexure R1(b): True copy of Office Order F. No. 20/02/2015-Estt/2403 dated 30.06.2016 issued by the Director of Services Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated

08. 02.1999 Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy of the judgment in WP(C) 34637 of 2023 Annexure MA3: True copy of the F.No. 55/04/2023-Genl/2875 dated 29.09.2023 Annexure MA4 True copy of the F.No.41/1/2018-Genl-II/755 dated 21.11.2023 Annexure MAR1 True copy of the F.No.37/1/89-Edn dated 16.12.1998 O.A.No.486/2023 Annexure-A1: True coy of the Order bearing F.No.A-22016/3/2017-Estt-UT- LKS/2971 dated 12.10.2023 issued by the 2nd respondent Annexure-A2: A true copy of the aforesaid order bearing F no. A- 22016/2/2017-Estt-UT-LKS/2710 dated 20.12.2022, issued by the second respondent Annexure-A3: A true copy of the transfer policy, as circulated under bearing No.12/03/2012-Services dated 07.03.2012, issued by the Lakshadweep Administration.

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O.A No.480/2023 and conn.cases 49 Annexure A4: True copy of the DoP&T Office Memorandum No.11013/10/2013-Estt. A dated 2nd July 2015. Annexure-A5: A true copy of the Office Order bearing F. no. 55/04/2023-Genl dated 13.10.2023, a true copy of which issued by the fifth respondent. Annexure R1(a): F.No. 55/04/2023-Genl/2636 dated 24-08-2023. Annexure R1(b): True copy of Office Order F. No. 20/07/2003-Services (2) dated 19.05.2004 issued by the Director of Services Annexure R1(c): True copy of the judgment in OA No. 970 of 1998 dated 08.02.1999 Annexure MA1: True copy of the WP(C) 34637 of 2023 Annexure MA2: True copy of the judgment in WP(C) 34637 of 2023 Annexure MA3: True copy of the F.No. 55/04/2023-Genl/2875 dated 29.09.2023 Annexure MA4: True copy of the F.No.41/1/2018-Genl-II/755 dated 21.11.2023 Annexure MA R1: True copy of the communication of director of the health services, Lakshadweep Medical Store, dated 08.07.2024 **********

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