Op (Cat)/3/2020 Of The Principal Commissioner Of Income Tax v. Arathi Sarah Sunil

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 OP (CAT).No.61 OF 2019 AGAINST THE ORDER/JUDGMENT IN OA 399/2018 DATED 09-08-2018 OFCENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER/APPLICANT: LIKSY JOSEPH,AGED 29 YEARSD/O. JOSEPH K.M, KADUKUMACKAL HOUSE, KABANIGIRI P.O, PULPALLY, WAYANAD 673 579. BY ADVS.SRI.ASOK M.CHERIANSRI.N.SATHEESHSRI.K.JANARDHANA SHENOY RESPONDENTS/RESPONDENTS: THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,ALONG WITH OP (CAT).91/2019, OP (CAT).3/2020, OP (CAT).56/2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT).No.61 OF 2019 etc. 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 OP (CAT).No.91 OF 2019 AGAINST THE ORDER/JUDGMENT IN OA 156/2017 DATED 05-04-2018 OFCENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER/5TH RESPONDENT: LIKSY JOSEPHAGED 29 YEARSKADUKUMMACKAL HOUSE, KABANIGIRI.P.O., PULPPALLY (VIA), WAYANAD-673579. BY ADVS.SRI.ASOK M.CHERIANSRI.N.SATHEESHSRI.K.V.ARUN KUMARSRI.K.JANARDHANA SHENOY RESPONDENTS/APPLICANT & RESPONDENTS 1 TO 4 & 6: 1ARATHI SARAH SUNILD/O.DR.SUNIL K.MATHAI, KUNJAN BAWA ROAD, CHETTICHIRA, VYTTILA.P.O., COCHIN-682019.D/O.DR.SUNIL K.MATHAI, KUNJAN BAWA ROAD, CHETTICHIRA, VYTTILA.P.O., COCHIN-682019. 2DEPUTY COMMISSIONER OF INCOME TAX(HQ)(ADMN),OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, C.R. BUILDING, I.S.PRESS ROAD, KOCHI-682018.OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, C.R. BUILDING, I.S.PRESS ROAD, KOCHI-682018. 3SAJAN PRAKASH,WELFARE INSPECTOR, SOUTH WESTERN RAILWAY, BANGALORE-560023.WELFARE INSPECTOR, SOUTH WESTERN RAILWAY, BANGALORE-560023. 4THULASI.P.C.,KADAVANTHARA, COCHIN-682020.KADAVANTHARA, COCHIN-682020. TARANA, VNRA-24, VIKAS NAGAR, PONOOTH SOUTH ROAD, 5ALWIN FRANCIS,KUNNUMPURATH HOUSE, KANDANADU, KOLLAMPILLY, KOTTAYAM-686606.KUNNUMPURATH HOUSE, KANDANADU, KOLLAMPILLY, KOTTAYAM-686606. 6 THE PRINCIPAL COMMISSIONER, OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, C.R.BUILDING, I.S.PRESS ROAD, KOCHI-682018. R1 BY ADV. SRI.K.J.SAJI ISAAC R1 BY ADV. SRI.JITHIN SAJI ISAAC R1 BY ADV. DR.ELIZABETH VARKEY R2, R6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,ALONG WITH OP (CAT).61/2019, OP (CAT).3/2020, OP (CAT).56/2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 OP (CAT).No.3 OF 2020 AGAINST THE ORDER/JUDGMENT IN OA 156/2017 OF CENTRALADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS/RESPONDENTS 6 AND 1 IN OA: 1THE PRINCIPAL COMMISSIONER OF INCOME TAX,KERALA CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI-682018.KERALA CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI-682018. 2DEPUTY COMMISSIONER OF INCOME TAX (HQ) ADMIN,OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, CR BUILDING, IS PRESS ROAD, KOCHI-682018.OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, CR BUILDING, IS PRESS ROAD, KOCHI-682018. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS/APPLICANT AND RESPONDENTS 2 TO 5 IN O.A.: 1ARATHI SARAH SUNIL, D/O. DR. SUNIL K. MATHAI, KUNJAN BAWA ROAD, CHETTICHIRA, VYTTILA P.O., KOCHI-682019.CHETTICHIRA, VYTTILA P.O., KOCHI-682019. 2SAJAN PRAKASH, WELFARE INSPECTOR, SOUTH WESTERN RAILWAY, BANGALORE-560023.SOUTH WESTERN RAILWAY, BANGALORE-560023. 3THULASI P.C., TARANA, VNRA 24, VIKAS NAGAR, PONOTH SOUTH ROAD, KADAVANTHRA, COCHIN-682020.KADAVANTHRA, COCHIN-682020. 2DEPUTY COMMISSIONER OF INCOME TAX (HQ) ADMIN,OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, CR BUILDING, IS PRESS ROAD, KOCHI-682018.OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, CR BUILDING, IS PRESS ROAD, KOCHI-682018. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS/APPLICANT AND RESPONDENTS 2 TO 5 IN O.A.: 1ARATHI SARAH SUNIL, D/O. DR. SUNIL K. MATHAI, KUNJAN BAWA ROAD, CHETTICHIRA, VYTTILA P.O., KOCHI-682019.CHETTICHIRA, VYTTILA P.O., KOCHI-682019. 2SAJAN PRAKASH, WELFARE INSPECTOR, SOUTH WESTERN RAILWAY, BANGALORE-560023.SOUTH WESTERN RAILWAY, BANGALORE-560023. 3THULASI P.C., TARANA, VNRA 24, VIKAS NAGAR, PONOTH SOUTH ROAD, KADAVANTHRA, COCHIN-682020.KADAVANTHRA, COCHIN-682020. 4ALLWIN FRANCIS, S/O. T.M. FRANCIS, AGED 30 YEARS, RESIDING AT KUNNUMPURATH HOUSE, KANDANADU, KOLLAMPILLY, KOTTAYAM-686001.KUNNUMPURATH HOUSE, KANDANADU, KOLLAMPILLY, KOTTAYAM-686001. 5LIKSY JOSEPH,KADUMAKKAL HOUSE, KABINIGIRI P.O., PULPALLY VIA, WAYANAD-673579.KADUMAKKAL HOUSE, KABINIGIRI P.O., PULPALLY VIA, WAYANAD-673579. R1 BY ADV. SRI.K.J.SAJI ISAAC R1 BY ADV. DR.ELIZABETH VARKEY R1 BY ADV. SRI.JITHIN SAJI ISAAC R5 BY ADV. SRI.ASOK M.CHERIAN THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,ALONG WITH OP (CAT).61/2019, OP (CAT).91/2019, OP (CAT).56/2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 OP (CAT).No.56 OF 2020 AGAINST THE ORDER/JUDGMENT IN OA 608/2017 DATED 05-04-2018 OFCENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS/RESPONDENTS 1 AND 2 IN O.A.: 1THE PRINCIPAL COMMISSIONER OF INCOME TAXKERALA CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI-682018.KERALA CENTRAL REVENUE BUILDING, IS PRESS ROAD, KOCHI-682018. 2DEPUTY COMMISSIONER OF INCOME TAX (HQ)ADMIN, OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, KERALA, CR BUILDING, IA PRESS ROAD, KOCHI-682018. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS/APPLICANT AND RESPONDENTS 3 IN O.A.: 1.ALWIN FRANCISS/O. T.M. FRANCIS, AGED 30 YEARS, RESIDING AT KUNNUMPURATH HOUSE, KANDANADU, KOLLAMPILLY, KOTTAYAM.686 003S/O. T.M. FRANCIS, AGED 30 YEARS, RESIDING AT KUNNUMPURATH HOUSE, KANDANADU, KOLLAMPILLY, KOTTAYAM.686 003 2.ARATHI SARAH SUNIL, D/O. DR.SUNIL K. MATHAI,KUNJAN BAWA ROAD, CHETTICHIRA, VYTTILA P.O.,KOCHI 682 019KUNJAN BAWA ROAD, CHETTICHIRA, VYTTILA P.O.,KOCHI 682 019 THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,ALONG WITH OP (CAT).61/2019, OP (CAT).91/2019, OP (CAT).3/2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT [ OP (CAT).61/2019,91/2019,3/2020 & 56/2020 ]K. Vinod Chandran, J. Two original petitions by an aggrieved individual and twoby the Department. The private parties to the litigation areAlwin Francis, Liksy Joseph and Arathi Sarah Sunil; two ofwhom are badminton players and one an athlete (Liksy Joseph).They along with others applied under Annexure A1 notificationproduced in O.A.No.156/2017. The eligibility of all of them toapply for the posts notified for sports persons is not in dispute.They were ranked for the purpose of selection to the post ofIncome Tax Inspectors and Tax Assistants. 2.We are at present concerned with their appointment tothe post of Income Tax Inspectors. A selection list was published,in which, there were five rank holders; of which, Alwin Franciswas the 3[rd] rank holder, Liksy Joseph, the 4[th] rank holder andArathi Sarah Sunil, the 5[th] rank holder. Rank 1 & 2 did not join.Arathi Sarah Sunil challenged the selection and the rank list onthe ground that she has to be placed first. She impleaded all thefour persons placed above her including Alwin Francis and LiksyJoseph in the O.A. 156/2017. Notices were issued. Alwin Francis 2.We are at present concerned with their appointment tothe post of Income Tax Inspectors. A selection list was published,in which, there were five rank holders; of which, Alwin Franciswas the 3[rd] rank holder, Liksy Joseph, the 4[th] rank holder andArathi Sarah Sunil, the 5[th] rank holder. Rank 1 & 2 did not join.Arathi Sarah Sunil challenged the selection and the rank list onthe ground that she has to be placed first. She impleaded all thefour persons placed above her including Alwin Francis and LiksyJoseph in the O.A. 156/2017. Notices were issued. Alwin Francis appeared, Liksy Joseph failed to appear. The Tribunal consideredthe matter, but did not look into the specific contention raised byArathi Sarah Sunil that she has to be placed first among thethree. 3.When the matter was pending before the Tribunal, theDepartment found that both Alwin Francis and Liksy Joseph,already employed, had not submitted an NOC and hence theywere disqualified. The Tribunal, taking note of the saidsubsequent event, directed appointment of Arathi Sarah Sunil,who was the 5[th] rank holder, who alone was then available forposting as an Income Tax Inspector. Noticing the fact that therewas one more post available, the Tribunal directed theDepartment to consider whether relaxation could be granted toAlwin Francis. It is the submission of Alwin Francis that he hadbeen on medical leave for injuries suffered in a tournament fromMay 2016 to December 2016. The last date for application wason 15.09.2016. He also filed O.A.608/2017. Both the O.A.s wereconsidered together and hence Alwin Francis, who had areasonable case set up before the Tribunal for reason of therebeing no possibility of an NOC being issued when he is onmedical leave, was allowed the prayer of consideration of thesubsequent NOC submitted by him and the Department is yet to consider the same. 4.In the meanwhile, Liksy Joseph, who was alsodisqualified, approached the Tribunal with O.A.399/2018 againsther disqualification. She sought similar consideration as AlwinFrancis. The Tribunal declined the prayer on the ground thatshe came late and that she had not appeared in the earlier O.A.filed by Arathi Sarah Sunil, where she was a party and had beenissued with notice. Liksy Joseph has challenged the order inO.A.399/2018 filed by her and also O.A.156/2017 filed by ArathiSarah Sunil. The Department has filed original petitions fromO.A.156/2017 filed by Arathi Sarah Sunil and O.A. 608/2017filed by Alwin Francis. 5.We have heard the parties. 6.The learned counsel appearing for Arathi Sarah Sunilsubmits that her appointment cannot at all be faulted for reasonof Liksy Joseph having not appeared in the O.A. filed by her. Thelearned counsel appearing for Liksy Joseph however submitsthat in the O.A. the contention raised was only as to whetherArathi Sarah Sunil is entitled to be placed as the first rankholder among the five. The question of disqualification forreason of non-production of the NOC came later and hence shehad approached the Tribunal within time, against such OP (CAT).No.61 OF 2019 etc. 9 5.We have heard the parties. 6.The learned counsel appearing for Arathi Sarah Sunilsubmits that her appointment cannot at all be faulted for reasonof Liksy Joseph having not appeared in the O.A. filed by her. Thelearned counsel appearing for Liksy Joseph however submitsthat in the O.A. the contention raised was only as to whetherArathi Sarah Sunil is entitled to be placed as the first rankholder among the five. The question of disqualification forreason of non-production of the NOC came later and hence shehad approached the Tribunal within time, against such OP (CAT).No.61 OF 2019 etc. 9 disqualification by O.A.399/2018. She has also filed an appealfrom the O.A. filed by Arathi Sarah Sunil and if this Court allowsthe O.P. against the order in O.A.399/2018 and Liksy Joseph isconsidered for appointment necessarily Arathi Sarah Sunil willlose her appointment. The learned Counsel for Alwin Francissubmits that there is only a consideration directed in theTribunal's order and he being the first among the three,necessarily has to be given the appointment if the Departmentfinds favour with his contentions for not producing the NOCwithin time. The Department however submits that as of nowthe Department would like to go for a fresh selection. It is alsosubmitted that Arathi Sarah Sunil was offered appointment as aTax Assistant, which she declined. It is also argued that thoughthe team in which Arathi Sarah Sunil was included, obtained abronze medal in a World Championship, she had not played andwas merely a substitute in the team. This was the only claim forconsidering her as the first rank holder as raised in the O.A.,which cannot be countenanced. 7.We are of the opinion that there being no infirmity inthe selection conducted, we need not interfere with the selectionas such and the Department's prayer to permit them to conducta fresh selection is declined. We also are not inclined to dwell upon the claim raised as to the ranking being wrong. The furtherissue is as to who are to be appointed to the two posts. In thiscircumstances, the first aspect to be looked at is thedisqualification of two candidates. 8.Alwin Francis, as was submitted, was on medical leavewhen the application had to be made as per Annexure A1notification. He also has a submission that he could not haveobtained an NOC for reason of his long leave on medical ground.Unless a fitness certificate is obtained and he rejoins duty therewould not be issuance of an NOC. It is on such grounds that theTribunal directed consideration of his case. We find that strictlythere is no ground for exempting an NOC; which also has to befiled along with the application. In any event, only aconsideration has been directed and it is only proper that theDepartment consider the issue as per the direction of theTribunal, which discretionary exercise we do not intend tointerfere with. Alwin Francis, as was submitted, was on medical leave 9.As far as Liksy Joseph is concerned, it is seen from O.P.(C) No.56/2020 that Liksy Joseph, who was rank 4[th] in theselection had not disclosed in the application that she wasemployed with the Central Railways, Mumbai, since 19.06.2010.NOC was also not hence produced. She is said to have produced the NOC after the disqualification occurred, which NOC wasfrom the Senior Officer, Central Railways Sports Association andalso dated 17.08.2016. The NOC produced by her even now isnot one from the appointing authority or from her controllingauthority but a Senior Officer of the Central Railways SportsAssociation. Further, the said candidate having not disclosedher employment in the application and the notification havingspecifically provided for furnishing NOC from the employer, thesaid person is disentitled from any equitable consideration. the NOC after the disqualification occurred, which NOC wasfrom the Senior Officer, Central Railways Sports Association andalso dated 17.08.2016. The NOC produced by her even now isnot one from the appointing authority or from her controllingauthority but a Senior Officer of the Central Railways SportsAssociation. Further, the said candidate having not disclosedher employment in the application and the notification havingspecifically provided for furnishing NOC from the employer, thesaid person is disentitled from any equitable consideration. 10.In the above circumstances, we find that since thereare two vacancies of Income Tax Inspectors, Arathi Sarah Sunil ,who has been directed to be appointed by the Tribunal gets thefirst post available. The case of Alwin Francis has to beconsidered by the Department itself as to whether anyexemption can be granted insofar as the NOC not beingproduced along with the application which later is filed with theDepartment. The same shall be considered within a period oftwo months from today. We are informed that Arathi Sarah Sunilhas not been issued with any appointment order, because of thepending litigations. The appointment order of Arathi Sarah Sunilshall be issued within a period of two weeks from the date ofreceipt of a certified copy of the judgment. Original petitions stand dismissed, leaving the parties tosuffer their respective costs. SHG Sd/-K.VINOD CHANDRANJUDGESd/-P.V.KUNHIKRISHNANJUDGE APPENDIX OF OP (CAT) 61/2019 EXHIBIT P1 A TRUE COPY OF OA NO 180/00 399/2018 DATED 06-05-2018 FILED BY THE PETITIONER BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P2A TRUE COPY OF THE REPLY STATEMENT DATED 31-07-2018 FILED IN OA NO. 180/00 399/2018EXHIBIT P3A TRUE COPY OF OA NO 180/00156/2017 FILED BY MS. ARATHI SARA SUNIL. EXHIBIT P4 A TRUE COPY OF THE ORDER THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL DATED 09-08-2018 IN ORIGINAL APPLICATION NO. 180/00399/2018 FILED BY THE PETITIONER. APPENDIX OF OP (CAT) 91/2019 PETITIONER'S/S EXHIBITS: ANNEXURE-A1TRUE COPY OF THE NOTIFICATION ISSUED BY THE1ST RESPONDENT1ST RESPONDENT ANNEXURE-A2TRUE COPY OF THE REPLY SENT BY THE 1ST RESPONDENTRESPONDENT ANNEXURE R1(A)A TRUE COPY OF THE PRELIMINARY STATEMENT DATED 15.03.2017 FILED BY THE 1ST RESPONDENT IN OA NO.1562017 (2ND RESPONDENTHEREIN) BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNALDATED 15.03.2017 FILED BY THE 1ST RESPONDENT IN OA NO.1562017 (2ND RESPONDENTHEREIN) BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL EXHIBIT P1A TRUE COPY OF ORDER DATED 5.4.2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH, IN ORIGINAL APPLICATION NO.180/00156/2017.CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH, IN ORIGINAL APPLICATION NO.180/00156/2017. EXHIBIT P2A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT INVITING APPLICATIONS FOR SPORTS QUOTA RECRUITMENT-2016-17.THE 2ND RESPONDENT INVITING APPLICATIONS FOR SPORTS QUOTA RECRUITMENT-2016-17. EXHIBIT P3A TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 12.6.2017.RESPONDENT DATED 12.6.2017. EXHIBIT P4A TRUE COPY OF OFFICE MEMORANDUM DATED 29.6.2017 OF THE 2ND RESPONDENT.29.6.2017 OF THE 2ND RESPONDENT. EXHIBIT P5A TRUE COPY OF OA.NO.156/2017 DATED 24.2.2017 FILED BY 1ST RESPONDENT BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL.ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P6A TRUE COPY OF THE PRELIMINARY STATEMENT DATED 15.3.2017 FILED BY THE 1ST RESPONDENTIN OA.NO.156/2017 (2ND RESPONDENT HEREIN) BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL.DATED 15.3.2017 FILED BY THE 1ST RESPONDENTIN OA.NO.156/2017 (2ND RESPONDENT HEREIN) BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P7A TRUE COPY OF THE REPLY STATEMENT DATED 28.6.2017 FILED BY THE 1ST RESPONDENT IN OA.NO.156/2017 (2ND RESPONDENT 28.6.2017 FILED BY THE 1ST RESPONDENT IN OA.NO.156/2017 (2ND RESPONDENT EXHIBIT P5A TRUE COPY OF OA.NO.156/2017 DATED 24.2.2017 FILED BY 1ST RESPONDENT BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL.ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P6A TRUE COPY OF THE PRELIMINARY STATEMENT DATED 15.3.2017 FILED BY THE 1ST RESPONDENTIN OA.NO.156/2017 (2ND RESPONDENT HEREIN) BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL.DATED 15.3.2017 FILED BY THE 1ST RESPONDENTIN OA.NO.156/2017 (2ND RESPONDENT HEREIN) BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P7A TRUE COPY OF THE REPLY STATEMENT DATED 28.6.2017 FILED BY THE 1ST RESPONDENT IN OA.NO.156/2017 (2ND RESPONDENT 28.6.2017 FILED BY THE 1ST RESPONDENT IN OA.NO.156/2017 (2ND RESPONDENT HEREIN)BEFORE ERNAKULAM BENCH OF CENTRAL ADMINISTRATIVE TRIBUNAL WITHOUT ANNEXURES THEREIN.ADMINISTRATIVE TRIBUNAL WITHOUT ANNEXURES THEREIN. APPENDIX OF OP (CAT) 3/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE OA 180/00156/2017 DATED 24/12/2017 FILED BEFORE THE CAT, ERNAKULAM BENCH.24/12/2017 FILED BEFORE THE CAT, ERNAKULAM BENCH. EXHIBIT P1(A1)TRUE COPY OF THE NOTIFICATION ISSUED BY THE1ST RESPONDENT.1ST RESPONDENT. EXHIBIT P1(A2)TRUE COPY OF REPLY SENT BY THE 1ST RESPONDENT.RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PRELIMINARY STATEMENT IN O.A.180/00156/2017 DATED 15.3.2017 FILED BEFORE THE CAT, ERNAKULAM BENCH O.A.180/00156/2017 DATED 15.3.2017 FILED BEFORE THE CAT, ERNAKULAM BENCH EXHIBIT P2 (R1(A)TRUE COPY OF THE COMPARATIVE STATEMENT OF THE LAST THREE YEARS ACHIEVEMENT OF ALL THEFOUR APPLICANTS.THE LAST THREE YEARS ACHIEVEMENT OF ALL THEFOUR APPLICANTS. EXHIBIT P3TRUE COPY OF THE REPLY STATEMENT OA 180/00156/2017 DATED 28/06/2017 FILED BEFORE THE CAT, ERNAKULAM BENCH.180/00156/2017 DATED 28/06/2017 FILED BEFORE THE CAT, ERNAKULAM BENCH. EXHIBIT P3 (R1)TRUE COPY OF THE COMPARATIVE CHART PREPAREDBY THE RESPONDENTS (RELEVANT PAGES).BY THE RESPONDENTS (RELEVANT PAGES).EXHIBIT P3 (R2)TRUE COPY OF THE OFFICE ORDER DATED 08/09/2016.08/09/2016. EXHIBIT P3 (R3)TRUE COPY OF THE OM DATED 03/10/2013 ISSUEDBY THE DOP AND T (RELEVANT PAGES)BY THE DOP AND T (RELEVANT PAGES) EXHIBIT P3 (R4)TRUE COPY OF THE SCORE SHEETS OF THE MATCHES (RELEVANT PAGES)MATCHES (RELEVANT PAGES) EXHIBIT P3 (R5)TRUE COPY OF THE DOP AND T OM NO.22011/6/2013-ESTT(D) DATED 28/05/2014.NO.22011/6/2013-ESTT(D) DATED 28/05/2014. EXHIBIT P3 (R6)TRUE COPY OF THE LETTER F.NO.ADD;/ CIT (IT)/KOCHI/2016-17 DATED 19/05/2017.(IT)/KOCHI/2016-17 DATED 19/05/2017. EXHIBIT P4TRUE COPY OF THE ORDER IN OA 180/00156/2017DATED 05/04/2018 ISSUED BY THE CAT, ERNAKULAM BENCH.DATED 05/04/2018 ISSUED BY THE CAT, ERNAKULAM BENCH. APPENDIX OF OP (CAT) 56/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE OA NO.180/00608/2017 FILEDBY THE PETITIONER DATED 23.07.2017 BEFORE THE CAT. ERNAKULAM BENCH.BY THE PETITIONER DATED 23.07.2017 BEFORE THE CAT. ERNAKULAM BENCH. EXHIBIT P1(A1)TRUE COPY OF THE OFFICE MEMORANDUM F.NP-13/1 ESTT.1/SQ/CC-CHN/2017-18 DATED 25.5.2017 ISSUED BY THE 2ND RESPONDENT.13/1 ESTT.1/SQ/CC-CHN/2017-18 DATED 25.5.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1 (A2)TRUE COPY OF THE NOTIFICATION (RECRUITMENT OF 1 MERITORIOUS SPORTS PERSON IN INCOME TAX DEPARTMENT-KERALA) 'SPORTS QUOTA RECRUITMENT 2016-17.OF 1 MERITORIOUS SPORTS PERSON IN INCOME TAX DEPARTMENT-KERALA) 'SPORTS QUOTA RECRUITMENT 2016-17. EXHIBIT P1 (A3)TRUE COPY OF THE LETTER F.NO.13/ESTTL/SQ/CC-CHN/2017-18 DATED 4.5.2017 ISSUED BY THE 2ND RESPONDENT.F.NO.13/ESTTL/SQ/CC-CHN/2017-18 DATED 4.5.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1(A4)TRUE COPY OF THE PROCEEDINGS NO.ESST/(9/2016/RO TVM DATED 3.1.2017 ISSUED ON BEHALF OF THE GENERAL MANAGER(KERALA) FG.(9/2016/RO TVM DATED 3.1.2017 ISSUED ON BEHALF OF THE GENERAL MANAGER(KERALA) FG. EXHIBIT P1 (A2)TRUE COPY OF THE NOTIFICATION (RECRUITMENT OF 1 MERITORIOUS SPORTS PERSON IN INCOME TAX DEPARTMENT-KERALA) 'SPORTS QUOTA RECRUITMENT 2016-17.OF 1 MERITORIOUS SPORTS PERSON IN INCOME TAX DEPARTMENT-KERALA) 'SPORTS QUOTA RECRUITMENT 2016-17. EXHIBIT P1 (A3)TRUE COPY OF THE LETTER F.NO.13/ESTTL/SQ/CC-CHN/2017-18 DATED 4.5.2017 ISSUED BY THE 2ND RESPONDENT.F.NO.13/ESTTL/SQ/CC-CHN/2017-18 DATED 4.5.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1(A4)TRUE COPY OF THE PROCEEDINGS NO.ESST/(9/2016/RO TVM DATED 3.1.2017 ISSUED ON BEHALF OF THE GENERAL MANAGER(KERALA) FG.(9/2016/RO TVM DATED 3.1.2017 ISSUED ON BEHALF OF THE GENERAL MANAGER(KERALA) FG. EXHIBIT P1 (A5)TRUE COPY OF TE MEDICAL CERTIFICATE DATED 16.5.2016 ISSUED ON BEHALF OF DR.DINSHAW PARDIWALA, DIRECTOR ARTROSCOPY, SPORTS ORTHOPEDICS AND SHOULDER SERVICE, KOKIIABENDHRUBHAI AMBANI HOSPITAL AND MEDICAL RESEARCH INSTITUTE, MUMBAI.16.5.2016 ISSUED ON BEHALF OF DR.DINSHAW PARDIWALA, DIRECTOR ARTROSCOPY, SPORTS ORTHOPEDICS AND SHOULDER SERVICE, KOKIIABENDHRUBHAI AMBANI HOSPITAL AND MEDICAL RESEARCH INSTITUTE, MUMBAI. EXHIBIT P1(A6)TRUE COPY OF THE LETTER NO. ESTT 25D9)/2009/VOL JI DATED 8.8.2016 SENT BY THE AREA MENAGER, FD, DISTRICT OFFICE, KOCHI TO THE SECRETARY, RSPC, FD REGIONAL OFFICE, TRIVANDRUM.25D9)/2009/VOL JI DATED 8.8.2016 SENT BY THE AREA MENAGER, FD, DISTRICT OFFICE, KOCHI TO THE SECRETARY, RSPC, FD REGIONAL OFFICE, TRIVANDRUM. EXHIBIT P1(A7)TRUE COPY OF THE LETTER NO.ESTT25(19)/2009/VOLH DATED 24.09.2016 SENT BY THE AREA MANAGER, FCL DISTRICT OFFICE, KOCHI TO THE SECRETARY, RSPC, FD REGIONAL OFFICE, TRIVANDRUM.NO.ESTT25(19)/2009/VOLH DATED 24.09.2016 SENT BY THE AREA MANAGER, FCL DISTRICT OFFICE, KOCHI TO THE SECRETARY, RSPC, FD REGIONAL OFFICE, TRIVANDRUM. EXHIBIT P1A(8)TRUE COPY OF THE REPRESENTATION DATED 6.6.2017 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT.6.6.2017 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT. EXHIBIT P1(A9)TRUE COPY OF THE LETTER F.NO.13/ESTT.I/SQ/CC-CHN/2017-18 DATED 12.06.2017 ISSUED B THE 2ND RESPONDENT.F.NO.13/ESTT.I/SQ/CC-CHN/2017-18 DATED 12.06.2017 ISSUED B THE 2ND RESPONDENT. OP (CAT).No.61 OF 2019 etc. 18 EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER IN OA O.180/00608/2017 DATED10.11.2017 BEFORE THE CAT, ERNAKULAM BENCH. TRUE COPY OF THE ORDER IN OA 180/00608/2017DATED 5.4.2018 ISSUED BY THE CAT, ERNAKULAMBENCH.