IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WA.No. 954 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4809/2009 Dated 08/04/2009 .................... APPELLANT/ 4TH RESPONDENT ---------------------------- CHANDRAN.C,TUTOR & TUTOR TECHNICIAN, DEPARTMENT OF M.L.T, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS/ PETITIONER & RESPONDENTS 1 TO 3 ---------------------------------------------- 1. GOPAKUMAR.T, TUTOR & TUTOR TECHNICIAN, DEPARTMENT OF MLT, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.C.B.SREEKUMAR FOR R1. SRI.ALEXANDER THOMAS FOR R4. SRI.RAVI KRISHNAN FOR R2 & R3. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A.No.954 OF 2009 ------------------------------- Dated this the 5th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. This Writ Appeal was preferred against the interim order passed by the learned Single Judge dated 8.4.2009 in W.P.(C) No.4809/2009. The writ petition was filed challenging Ext.P5 order of the Government dated 28.11.2006. The teaching posts in the Priyadarsini Institute of Paramedical Sciences, Medical College, Trivandrum, were called Tutors (non-medical) and by Ext.P1 order dated 12.4.1989, they were upgraded as Assistant Professors (non-medical). There were three posts of Assistant Professors (non-medical) for the subjects Microbiology, Biochemistry and Lab Technology. On the basis of Ext.R4(b) recommendation of the Director of Medical Education, the post of Assistant Professor (non-medical) in Lab Technology was re- designated as Assistant Professor of Laboratory Medical Technology in Pathology. The result of that re-designation is that the persons qualified in Pathology alone could be promoted to W.A.No.954/2009 2 that post. Earlier the persons qualified in Medical Laboratory Technology, irrespective of his specialisation was eligible. According to the respondent/writ petitioner, the said re-designation was made only to help the appellant/4th respondent. So, the writ petition was filed challenging Ext.P5 and the learned Single Judge directed to maintain status quo. The motion made by the appellant for vacating the interim order was rejected, as per the order impugned in this appeal. Therefore, this Writ Appeal is filed. 2. Having regard to the principle of 'balance of convenience', we feel that continuance of the interim order is not justified. By maintaining status quo, nobody is benefited. Further, it will affect the functioning of the institution itself. So, we feel that the Government should be allowed to implement Ext.P5, if it thinks fit to do so. We are refraining from saying anything on the merits of the contentions of the appellant as the same may affect one side or the other. We render our decision based on the principle of 'balance of convenience'. But, the implementation of Ext.P5 will be subject to the result of the writ petition and the W.A.No.954/2009 3 same will not in any way affect the contentions of the 1st respondent/writ petitioner. In the result, the Writ Appeal is allowed as above and the direction to maintain status quo is vacated. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps