IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 31787 of 2008(H) --------------------------------------- PETITIONER(S): ------------------------ DR.A.K.SATHISH P.G.STUDENT IN M.D. PAEDIATRICS, MEDICAL COLLEGE, KOTTAYAM. BY ADV. MR.RAJESH NAMBIAR RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTORATE OF MEDICAL HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER KANNUR. SR. GOVT. PLEADER MR.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31787/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROSPECTUS FOR POST GRADUATE/ DIPLOMA COURSE 2006. P2:- COPY OF THE LETTER DT. 6.6.07 FROM THE 2ND RESPONDENT. P3:- COPY OF THE LETTER NO.NC5-82923/06/DHS DT. NIL. P4:- COPY OF THE GOVT. LETTER DT. 4.2.97. P5:- COPY OF THE CIRCULAR NO.32/07/FIN. DT. 19.4.07. P6:- COPY OF THE LETTER DT. 25.8.08 OF THE 2ND RESPONDENT. P7;- COPY OF THE ORDER DT. 18.9.08 GRANTING DEPUTATION BENEFIT TO DR. R.SANTHA DEVI ANTHARJANAM. P8:- COPY OF THE LETTER DT. 16.4.08 FROM THE DIRECTORATE OF MEDICAL EDUCATION TO THE GOVT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31787/2008-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2009 J U D G M E N T The petitioner herein who is working in Government service in the cadre of Assistant Surgeon is aggrieved by the denial of deputation benefits after he joined Post Graduate Course in M.D.Paediatrics in Kottayam Medical College. He joined the course on 06/06/2006 and would have completed the course on 01/05/2009. The petitioner is having service upto 15/04/2016. The petitioner will be having a service of six years and ten months after the completion of the P.G. Course. 2. The application of the petitioner for grant of deputation benefits was rejected by the second respondent as per Ext.P6 stating that he will not be having seven years of service from the date of completion of the course. Reliance is placed on the Government order Ext.P5 for denying the said benefit. 3. The learned counsel for the petitioner submitted that at the time when the petitioner joined the course, relevant Government order concerning grant of deputation benefit was Ext.P4. Going by Ext.P4, the doctors have to execute a bond to serve Government for a continuous period W.P.(C). No.31787/2008 -:2:- of seven years after undergoing higher studies but in case of those medical officers having less than 7 years prospective service in the department after completion of course the incumbents will be given deputation benefits only for a period of two years of their study out of the three years and for the rest period of one year they may be asked to apply for eligible leave or leave without allowances as a special case. In such cases, they have to execute a bond ensuring prospective continuous service of five years. He has already executed a bond also. It is therefore, pointed out that the modified Government Order, Ext.P5 will not apply in his case as Ext.P4 was in force as on the date of joining of the course. The petitioner has also produced Ext.P7 Government Order granting deputation benefit to Dr.Santha Devi Antharjanam for undergoing P.G course as a special case in relaxation of the conditions imposed in G.O.(P).No.303/70/Fin dated 12/05/1970 subject to condition that the Medical Officer should execute a bond to serve Government for 5 years after the successful completion of the course. 4. It is evident from the facts stated above that going by Ext.P4 he is entitled for grant of deputation benefits as per the conditions prevailed then and he has a continuous period of prospective service for more than five years also. In the case of another doctor having such prospective W.P.(C). No.31787/2008 -:3:- service of five years, the Government has granted the deputation benefit as per Ext.P7. Therefore, the petitioner is entitled for a similar treatment. Hence, Ext.P6 is quashed. The petitioner will file an appropriate representation before the Government seeking relaxation of conditions for enabling him to avail deputation benefits. Such a representation will be filed within one month. The first respondent will pass appropriate orders on the said representation within a period of two months thereafter after considering various aspects and the findings rendered above. The Government will pass orders bearing in mind that the petitioner has got nearly seven years of prospective service. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms