Disposed

Dr. Reghu .D v. the Manager/Secretary

Kerala HC22 Feb 2019WP(C)/23504/2016

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition by holding petitioners entitled to service benefits accretng from the Annexure R2(a) order, directing the Drawing and Disbursing Officer to pay all dues and arrears within four months, leaving the date of appointment dispute open for future challenge.

What did the court decide?

Sixth respondent to disburse all service benefits and arrears arising from Annexure R2(a) order within four months; date of appointment dispute left open for future challenge.

Dr. Reghu .D Vs the Manager/Secretary — Pension and Retirement Benefits | Kerala HC (2019)

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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 V.G.ARUN

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FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940

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WP(C).No. 23504 of 2016

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PETITIONER/S:

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1 DR. REGHU .D AGED 47 YEARS

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TUTOR & HEAD OF THE DEPARTMENT, DEPARTMENT OF PATHOLOGY,SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE,NEMOM, THIRUVANANTHAPURAM.

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2 DR. RENJITH K.R, TUTOR, DEPARTMENT OF PRACTICE OF MEDICINE, VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEOM, THIRUVANANTHAPURAM.

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BY ADV. SRI.S.MUHAMMED HANEEFF

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RESPONDENT/S:

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1 THE MANAGER/SECRETARY, SHREE VIDYADHIRAJA VIDHYA SAMAJAM,ASWATHY, HINDU MISSION ROAD,THIRUVANANTHAPURAM-1.

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2 THE KERALA UNIVERSITY OF HEALTH SCIENCES,

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REP. BY ITS REGISTRAR, MULANKUNNATHUKAVU, THRISSUR.

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3 THE PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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4 THE DRAWING AND DISBURSING OFFICER, VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM.

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5 THE DIRECTOR,

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DIRECTORATE OF HOMOEOPATHY,THIRUVANANTHAPURAM.

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6 STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, HEALTH & FAMILY WELFARE[J] DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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WP(C).No. 23504 of 2016

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SMT. POOJA SURENDRAN, GOVERNMENT PLEADER R2 - SRI. P. SREEKUMAR, STANDING COUNSEL, KERALA UNIVERSITY OF HEALTH SCIENCES

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23504 of 2016

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JUDGMENT

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This writ petition is filed seeking the issue of a

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writ of mandamus directing respondents no. 3 to 6 to disburse all service benefits due to the petitioners, including salary and other allowances in the revised scale of pay such as leave surrender, pay revision arrears of 2005, 2011 and 2016, within a specified time limit. The further prayer is for issue of a writ of mandamus directing respondents no. 3 to 6 to grant all

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service benefits including promotion to the petitioners, as are applicable to their counter parts in Government Homeopathy colleges in the State.

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The non-consideration of the request of the petitioners for service benefits including revision of pay scale was for the reason that the staff pattern was

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not approved by the 2^nd respondent. A statement has been filed on behalf of the 2^nd respondent stating that while the matter was pending before this court, the 2^nd respondent had considered the proposal submitted by the Manager of the College, in which the petitioners are working, in terms of the directions issued by this

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WP(C).No. 23504 of 2016

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court in Exts P8 and P9 judgments and that proceedings

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have been issued approving the appointments and promotions in the college. The proceedings dated

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04.08.2018 issued by the 2^nd respondent University has been produced as Annexure R2(a). In the statement of the 2^nd respondent it has been submitted that the petitioners and other staff of the College would be entitled to get the benefits based on Annexure R2(a) order issued by the 2^nd respondent University.

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The learned Standing Counsel for the 2^nd

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respondent submits that eventhough, Annexure R2(a) has been subjected to challenge in W.P(C) No. 35561/2018, this court has not granted any interim relief, and that

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on the other hand it has been clarified that the pendency of that writ petition will not stand in the

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way of the Government in disbursing salary and arrears on the basis of Annexure R2(a) approval. In the light of the aforementioned submission, nothing stands in the way of the Government from disbursing the benefits due to the petitioners, as sought in this writ petition.

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The learned counsel for the petitioners submits

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WP(C).No. 23504 of 2016

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that there appears to be a difference with respect to the date of original appointment of the 2^nd petitioner as mentioned in Annexure R2(a) order and that issue may be left open to be agitated, if so required.

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In the light of Annexure R2(a) and the statement made on behalf of the 2^nd respondent, the writ petition is disposed of making it clear that the petitioners would be entitled for all benefits arising from Annexure R2(a) order. The 6^th respondent shall ensure that the benefits, for which the petitioners are entitled to on the strength of Annexure R2(a) order, including the arrears that have accrued till date, is disposed to them within an outer limit of four months from the date of receipt of a copy of this judgment. It is made clear that the dispute, if any, with regard to the date of appointment of the 2^nd petitioner will be open to challenge in appropriate proceedings.

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V.G.ARUN JUDGE

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SPR

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WP(C).No. 23504 of 2016

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ORDER NO.AC.F.V/21341/2010 DT. 16.04.2010 ISSUED BY THE UNIVERSITY OF KERALA.
EXHIBIT P2	A TRUE COPY OF THE G.O[MS]NO.346/2008/H &
	FWD DATED 09.07.2008 ISSUED BY THE GOVERNMENT.
EXHIBIT P3	A TRUE COPY OF THE KERALA HOMOEOPATHIC SPECIAL RULES.
EXHIBIT P4	A TRUE COPY OF THE G.O[M.S]NO.185/2012/H & FWD DT. 18.06.2013.
EXHIBIT P5	A TRUE COPY OF THE ORDER NO.SVVS/38/2010 DT. 27.03.2010.
EXHIBIT P6	A TRUE COPY OF THE RELEVANT EXTRACT OF THE CENTRAL COUNCIL OF HOMOEOPATHY REGULATION.
EXHIBIT P7	A TRUE COPY OF THE JUDGMENT IN W.P[C]NO.3257/2013 OF THIS HON'BLE COURT DT. 19.08.2013.
EXHIBIT P8	A TRUE COPY OF THE JUDGMENT IN W.P[C]NO.18669/2006 OF THIS HON'BLE COURT DT. 13.03.2015.
EXHIBIT P9	A TRUE COPY OF THE JUDGMENT IN W.A.NO.1546/2015 OF THIS HON'BLE COURT DT. 11.08.2015.

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE R6(a)	A TRUE COPY	OF T	HE ABOVE COMMUNICATIONS
	ISSUED BY THE	2ND	RESPONDENT TO THE 6TH
	RESPONDENT.
ANNEXURE R2(a)	A TRUE COPY	OF	THE PROCEEDINGS DATED
	04.08.2018 ISS	UED B	Y THE UNIVERSITY.

Dr. Reghu .D v. the Manager/Secretary

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Dr. Reghu .D v. the Manager/Secretary

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