Appellant senior resident doctors challenged the belated implementation of the Sixth Central Pay Commission for their institute, claiming victimization due to a later effective date than regular staff. The Court held that as students, they lacked a vested right, and the Institute's autonomy allowed retrospective revision denial for completed courses.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
W.A.No. 37 of 2014
AGAINST THE JUDGMENT DATED 21.3.2013 IN W.P(C)NO.8891 OF 2009 OF THIS COURT
APPELLANTS/PETITIONERS 1, 8, 12 & 13:
1 JITENDER SAINI, SENIOR RESIDENT, DEPARTMENT OF RADIOLOGY,
SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, NOW AT H.NO.29, TYPE IV, BLOCK V, BYRASANDRA CAMPUS, NIMHANS, BANGALORE - 560 011.
2 BIMAL G, SENIOR RESIDENT, DEPARTMENT OF NEUROSURGERY,
SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, NOW AT AMBILI, 33/5205, CHEVARAMBALAM, CALICUT - 673 017.
3 JINENDRA KUMAR R., SENIOR RESIDENT, DEPARTMENT OF NEUROSURGERY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, NOW AT 13, TYPE V QUARTERS, GMC CAMPUS, BAMBOLIM, GOA - 403 202.
4 B.JAYANAND SUDHIR,SENIOR RESIDENT, DEPARTMENT OF NEUROSURGERY, SREE CHITRA TIRUNAL INSTITUTE FOR, MEDICAL SCIENCES & TECHNOLOGY, NOW AT GV-121, MAVELIL, NALANDA JUNCTION, NANTHENCODE, KOWDIAR, TRIVANDRUM - 695 003.
BY ADVS. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN SRI.V.RENJITH KUMAR
W.A.Nos.37 & 48 of 2014
2
RESPONDENTS/RESPONDENTS:
1 GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCIENCE & TECHNOLOGY, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NEW DELHI - 110001. 2 SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES TECHNOLOGY, REPRESENTED BY ITS DIRECTOR, THIRUVANANTHAPURAM – 695006. R1 BY SRI.P.VIJAYAKUMAR, ASG OF INDIA R2 BY SRI.T.R.RAVI,SC,SCTIMST
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.03.2019, ALONG WITH W.A.48/2014, THE COURT ON 18.03.2019 DELIVERED THE FOLLOWING:
W.A.Nos.37 & 48 of 2014
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
MONDAY,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
W.A.No. 48 of 2014
AGAINST THE JUDGMENT DATED 21-03-2013 IN WP(C)NO.17370/2010 OF THIS COURT
APPELLANTS/PETITIONERS:
1 DR.SANJAY G., T.C.20/3007, KARAMANA, THIRUVANATHAPURAM (ASSISTANT PROFESSOR CARDIOLOGY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
SREE SAILAM, MYYANAD P.O., KOLLAM 691 303 (ASSISTANT PROFESSOR CARDIOLOGY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
3 DR. SAPNA ERAF SREEDHARAN, ERAT MANA, CO-OPERATIVE ROAD, CHEMBUKAVU, THRISSUR. (ADHOC CONSULTANT, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
4 DR. VARGHESE T PANICKER THENGYYAN, KUNDARA P.O., KOLLAM, KERALA - 691 501 (ASSISTANT PROFESSOR NEUROLOGY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
5 DR. HIMA S PENDHANKAR, B-404, VAISHALI APPARTMENTS, LILAK NAGAR, AMRAOTE ROAD, NAGPUR - 440 010 (M.S.) (ASSISTANT PROFESSOR RADIOLOGY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
W.A.Nos.37 & 48 of 2014
4
6 DR. GOPALAKRISHNAN C.V. D-71, SARITHA VIHAR, NEW DELHI - 110 076, (ASSISTANT PROFESSOR NEUROLOGY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
7 DR. VIVEK V. PILLAI 'SWAYAM PRABHA', NRA-42, NAVARANGAM LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM (ASSISTANT PROFESSOR C.V.T.S., SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
8 DR. SMITHA V. HOUSE NO.L-102, LIC LANE D, PATTOM, MEDICAL COLLEGE P.O., TRIVANDRUM (ANASTHESIA, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
9 GANESH DIVAKAR, THENGUVILA, AERAM, CHATTANOOR P.O., KOLLAM (NEURO SURGERY, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM)
BY ADVS. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN SRI.V.RENJITH KUMAR
RESPONDENTS/RESPONDENTS:
1 GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCIENCE & TECHNOLOGY, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NEW DELHI -110001. 2 SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, REPRESENTED BY ITS DIRECTOR, THIRUVANANTHAPURAM -695001.
R1 BY SRI.P.VIJAYAKUMAR,ASSISTANT SOLICITOR GENERAL R2 BY SRI.T.R.RAVI, SC, SCTIMST
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.03.2019, ALONG WITH W.A.37/2014, THE COURT ON 18.03.2019 DELIVERED THE FOLLOWING:
W.A.Nos.37 & 48 of 2014
5
Judgment
Chitambaresh, J.
1.The belated implementation of the Sixth Central Pay Commission for senior resident doctors undergoing post graduate course in the Sree Chitra Tirunal Institute for Medical Sciences and Technology ('the Institute' for short) has given rise to these writ appeals. The Status Certificate issued by the Institute as well as the Articles of Agreement entered into at the time of admission for the course reveal that the appellants were only students and the emoluments paid to them were only stipends. The grievance of the appellants is that the pay revision was implemented with respect to all categories of regular staff with effect from 1.1.2006 itself whereas the benefit was extended to the Senior Residents only with effect from 25.11.2008.
W.A.Nos.37 & 48 of 2014
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the Regulations framed under the Act also clothes the Institute to prescribe the scale of pay and other details to a post and it is within their discretion to implement the pay revision even if the Senior Resident is treated as a post. This absolute right of the Institute has been recognised in W.A.No.228/1987 followed in W.A.No.542/1998 by this Court leading to the irresistible conclusion that pay revision can be implemented from a later date to a specific category.
3.The appellants have completed the course long back (many of whom would have left the Institute) and it will be inequitable to compel the Institute to meet the pay revision to Senior Residents from 1.1.2006 itself as was done to categories of regular staff. The mere fact that a portion of the additional burden in the implementation of the pay revision by an autonomous organization would be met by the Central Government is no ground to compel the Institute to enforce the same from an anterior date. There is no vested right for the appellants who were in essence students undergoing three year post graduate course for implementation of the pay revision as regards stipend and the writ petitions rightly stand dismissed.
W.A.Nos.37 & 48 of 2014
7
The writ appeals fail. Dismissed. No costs.
Sd/-
V. CHITAMBARESH, JUDGE
Sd/-
A.M. BABU, JUDGE
Sha/150319
3 issues framed by the court
Whether the Institute, as an autonomous body, is compelled to retrospectively implement pay revisions for completed postgraduate students who were originally enrolled as students.
Whether the appellants have a vested right to the extended pay revision date from the earlier classification date.
Whether the apportionment of financial burden between the Institute and the Central Government mandates retrospective implementation of pay scales.
Jitender Saini
Bimal G
Jinendra Kumar R.
B. Jayanand Sudhir
Sanjay G.
Bijulal.S
V. CHITAMBARESH
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
