Quashed

Dr.B.Jayaprakashini v. State of Kerala

Kerala HC8 Jun 2016WP(C)/20224/2007

Case brief

AI extract

What is this about?

The High Court of Kerala quashed a government order (G.O. dated 09.07.2008) pending staff fixation and referred the petitioner's pensionary benefits and salary claim for consideration under a final staff fixation order.

What did the court decide?

Quashed the Government Order dated 09.07.2008; directed respondents to determine and disburse pensionary benefits and salary arrears immediately after finalization of staff fixation.

Dr.B.Jayaprakashini Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938

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WP(C).NO. 20224 OF 2007 (G)

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PETITIONER(S):

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DR.B.JAYAPRAKASHINI, RETIRED PROFESSOR &' HEAD OF THE DEPARTMENT,, SHREE VIDYADHIRAJA HOMEOPATHY MEDICAL COLLEGE,, NEMOM, TRIVANDRUM, RESIDING AT T.C.3/1065,, HOUSE NO.22, RAJALAKSHMI NAGAR, PATTAM P.O.,, TRIVANDRUM.

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BY ADV. SRI.P.K.MANOJKUMAR

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RESPONDENT(S):

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1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,,

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HEALTH & FAMILY WELFARE (J) DEPARTMENT,, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM.

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2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE,, TRIVANDRUM.

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3. SHREE VIDYADHIRAJA VIDYASAMAJAM, REPRESENTED BY ITS SECRETARY DR.AJAYAKUMAR R.,, EAST ALUMMUDU BUNGLOW, CHETTIKULANGARA,, TRIVANDRUM-1.

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R1 & 2 BY ADV. GOVERNMENT PLEADER SMT.M.J.RAJASREE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO. 20224 OF 2007 (G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: THE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.553/2001/ (99) FIN DATED 20.03.2001 ISSUED BY THE GOVERNMENT

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EXT.P2: THE PHOTOSTAT COPY OF THE ORDER G.O(RT)NO.959/2001/H&FWD DATED 31.03.2001 ISSUED BY THE GOVERNMENT

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EXT.P3: THE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O(MS) NO.184/2003/H&FWD DATED 3.09.2003 ISSUED BY THE GOVERNMENT

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EXT.P4: THE PHOTOSTAT COPY OF THE ORDER G.O(RT)NO.3643/2003/H&FWD DATED 24.12.2003 ISSUED BY THE GOVERNMENT

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EXT.P5: THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 7.8.2004 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM

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EXT.P6: THE PHOTOSTAT COPY OF THE REPRESENTATION DATED OCTOBER 2006 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA

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EXT.P7: THE PHOTOSTAT COPY OF THE ORDER G.O(RT)NO.1850/2007/H&FWD DATED 28.05.2007 ISSUED BY THE GOVERNMENT

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EXT.P8: THE PHOTOSTAT COPY OF THE GOVERNMENT ORDER G.O(MS) NO.346/2008/H&FWD DATED 9.07.2008 ISSUED BY THE GOVERNMENT

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EXT.P9: THE PHOTOSTAT COPY OF THE OBJECTION DATED 21.7.2008 FILED BY THE PETITIONER TO THE SECRETARY TO GOVERNMENT

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P A TO JUDGE

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A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C).NO.20224 OF 2007

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Dated this the 8^th day of June, 2016

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J U D G M E N T

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The petitioner, who had entered the services of the Shree Vidyadhiraja Homoeopathic Medical College as Lecturer on 05.07.1976, retired from service on 30.06.2004 while working as Professor and Head of the Department of Materia Medica in the said college. In the writ petition, the grievance of the petitioner is essentially against the non-disbursal of pensionary benefits, as also one months salary, that she was entitled to. It was the stand of the respondents that the pensionary benefits, as also the salary, could not be paid to the petitioner until the staff fixation order for the college in question was finalised. During the pendency of the writ petition, the Government by G.O. dated 09.07.2008 ordered the staff fixation of teaching and non-teaching staff of the college. On receipt of the said order, while the petitioner submitted detailed objections to the same before the Secretary to the Government, Health and Family Welfare (J) Department, the petitioner also amended the writ petition so as to incorporate a challenge against Ext.P8 order.

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W.P.(C).NO.20224 OF 2007

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The learned Senior counsel appearing for the petitioner would point out that Ext.P8 order was challenged in various other writ petitions, and by judgment dated 13.03.2015 in the said batch of writ petitions, Ext.P8 order was quashed after taking note of the fact that a meeting had been convened by the then Chief Minister of the State on 31.08.2011, wherein certain proposals had been drawn up with regard to the finalisation of the staff pattern in the various Medical Colleges. While disposing the writ petition, therefore, certain directions were issued to the respondents with regard to implementation of the staff pattern with effect from 01.09.2002 and the consequent approval of the staff fixation in various colleges. It is also pointed out that against the judgment dated 13.03.2015 of the learned Single Judge, a batch of writ appeals (W.A.Nos.1546/2015 and connected cases) were preferred by private parties and the Division Bench of this Court by judgment dated 11.08.2015 dismissed the said writ appeals. It would appear that the State also preferred a writ appeal against the judgment dated 13.03.2015 of the learned Single Judge and the said writ appeal was also dismissed by a Division Bench by judgment dated 01.03.2016, following its earlier judgment dated 11.08.2015 in W.A.Nos.1546/2015 and connected cases. In the light of these subsequent developments, I am of the view that, the present writ petition can also be disposed by quashing Ext.P8 order and direct

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W.P.(C).NO.20224 OF 2007

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that the case of the petitioner for pensionary benefits, as also one months salary, shall be considered by the respondents immediately after the implementation of the proposals drawn up at the meeting convened by the Chief Minister, as noticed in the judgment of the learned Single Judge dated 13.03.2015. The respondents shall thereafter take expeditious steps to determine the pensionary benefits due to the petitioner and disburse the same, together with the salary arrears, if any, immediately after the staff fixation order is finalised pursuant to the judgment dated 13.03.2015 of the learned Single Judge referred above, which judgment has since been confirmed by the Division Bench of this Court.

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/8/6/16

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W.P.(C).NO.20224 OF 2007 4

Dr.B.Jayaprakashini v. State of Kerala

Case brief

What is this about?

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Dr.B.Jayaprakashini v. State of Kerala

Case brief

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