Review petition challenging a judgment granting retrospective salary benefits. Court dismissed the review, finding no difficulty in complying with prior directions given that the petitioner had voluntarily given up the post claim from 2003.
Review petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940
RP.No. 270 of 2018 IN WP(C). 31744/2005
AGAINST THE JUDGMENT IN WPC 31744/2005 of HIGH COURT OF KERALA DATED 02-06-2017
REVIEW PETITIONERS/RESPONDENTS 1 & 2 IN W.P.(C):
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM.
BY SMT.NISHA BOSE, GOVERNMENT PLEADER.
RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 5 IN W.P.(C):
1 DR.K.SATHEESH,PROFESSOR, DEPARTMENT OF PHYSIOLOGY AND BIOCHEMISTRY, DR.PADIYAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM - 682 312.
2 M.G. UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM - 686 562.
R1 BY ADVS. SRI.ELVIN PETER P.J. SRI.GANESH K.R.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P. No.270/2018
2
O R D E R
The State has come up with this review contending that it is not possible to create a post retrospectively and the State is following the central pattern only from the year 2012 onwards.
It is to be noted that in this case, the writ petitioner had given up his financial claim in the post with effect from 04.08.2003. In such scenario, it cannot be contended that sanction cannot be given retrospectively especially in the light of Annexure R1(a) produced along with I.A.No.1/2018 by the writ petitioner. Therefore, this review petition is only to be dismissed.
This review petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
R.P. No.270/2018
3
ANNEXURES :
ANNEXURE R1(a) : TRUE COPY OF THE ORDER DTD.01.08.2018 ISSUED BY THE PRINCIPAL AND
CONTROLLING OFFICER TO GOVERNMENT HOMOEOPATHIC MEDICAL
True Copy
P.S to Judge.
smp
1 issue framed by the court
Whether the State can deny creating a post retrospectively despite earlier court directions granting salary benefits from 2005.
The State of Kerala represented by the Secretary to Government, Health and Family Welfare Department
The Principal and Controlling Officer Government Homeopathic Medical College, Thiruvananthapuram
Dr.K.Satheesh
M.G. University represented by its Registrar
Central Council of Homoeopathy represented by its Secretary
Dr. Padigar Memorial Homeopathic Medical College represented by its President
A.MUHAND MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
