JUDGMENT

Dated this the 25th day of March 2021 ALEXANDER THOMAS, J.

The prayers in the above captioned Original Petition filed under Articles 226 and 227 of Constitution of India are as follows:

“1. To set aside the Exhibit P5 order of the Kerala Administrative Tribunal, or in the alternative.

2. To dismiss the OA declaring that the Respondent is not entitled to be included in the Statutory Pension Scheme.

3. Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.”

2. Heard Sri.B.Vinod, learned Senior Government Pleader appearing for the State of Kerala and others in the OP/respondents in OA and Sri.M.V.Bose, learned advocate instructed by Sri.Vinod Mahadevan, learned counsel appearing for the sole respondent in the OP/OA before the Tribunal. Prayers in Ext.P1 OA No.2306/2018 filed by the respondent herein before the Kerala Administrative Tribunal, Thiruvananthapuram are as follows:

(i) To call for entire records leading up to Annexure A5 and to set aside the same.

(ii) to issue a direction compelling the respondents to afford service seniority to the applicant from 22.1.2001 (iii) to restrain the respondents from recovering