IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 22967 of 2006(H) --------------------------------------- PETITIONER: ------------------- DR. K.B.SANAL KUMAR M.D., SENIOR LECTUER, DEPT. OF PHARMACOLOGY, MEDICAL COLLEGE, KOTTAYAM. BY ADV. MR.C.K.MOHANAN. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MEDICAL COLLEGE, THRISSUR. *ADDL.R3. IMPLEADED: 3. THE ACCOUNTANT GENERAL (A&E) KERALA, P.B.NO.5607, M.G. ROAD, THIRUVANANTHAPURAM. *IS IMPLEADED AS ADDL.R3. AS PER ORDER DT. 30/05/07 IN I.A. 3806/07. R1 BY GOVERNMENT PLEADER MR. V.MANU, R3 BY ASST. S.G.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22967/2006-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE R.2. DT. 30/10/96. EXT.P.2: COPY OF THE ORDER ISSUED BY THE R.1. DT. 16/06/2000. EXT.P.3: COPY OF THE ORDER OF THE R.2. DTD. 05/12/2001. EXT.P.4: COPY OF THE REPRESENTATION DT. 07/12/01 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.5: COPY OF THE REMINDER TO EXT.P.4. DT. 23/03/02. EXT.P.6: COPY OF THE REPRESENTATION DTD. 03/05/2002 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.7: COPY OF THE REMINDER FOR EXT.P.6 SUBMITTED BY THE PETITIONER DT. 28/04/2003. EXT.P.8: COPY OF THE REMINDER DT. 22/05/02 OF THE R.2. TO THE R.1. EXT.P.9: COPY OF THE REMINDER DT. 12/05/2003 OF THE R.2. TO THE R.1. EXT.P.10: COPY OF THE LETTER OF THE ACCOUNTANT GENERAL DT. 20/12/01 ADDRESSED TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.22967 OF 2006 (H) -------------------------------------------------- Dated this the 20th day of January, 2010 J U D G M E N T Since 29.9.2000, petitioner, a Post Graduate Doctor was appointed as Senior Lecturer, in the department of Pharmacology, Medical College, Thrissur. Thereafter, he was transferred and was working as Senior Lecturer in the Medical College, Kottayam. Before his permanent appointment he was appointed for various periods, from 16.9.1995 to 13.9.1996,1.11.1996 to 31.10.1997, 5.12.1997 to 6.5.1998 and from 8.5.1998 to 10.4.1998, by separate appointment orders as Lecturer, on temporary basis, in the Department of Pharmacology, Medical College, Trissur. One of the appointment order produced is Ext.P1. 2. The appointment was in the scale of pay of Rs.2,200- 4,000, which was revised and was paid in the scale of pay of Rs.8000-13500. Subsequent to the petitioner's regular appointment, by Ext.P2 order dated 16.6.2000, second respondent refixed the pay scales of teaching staff and redesignated Lecturers with Post Graduation on temporary basis as Sr. Lecturers in the revised scale of pay of Rs.10,000-15,200 WPC.No.22967 /06 :2 : with effect from 1.1.1996. Based on Ext.P2, 10 Lecturers with Post Graduation, who were working on contract basis were redesignated and were ordered to be paid salary in the revised scale of pay of Rs.10,000 - 15,200 as per Ext.P3 order of the 2nd respondent. 3. According to the petitioner, as he was working on temporary basis during the period from 16.9.1995 to 10.4.1998, he was entitled to be paid salary as revised by Ext.P2. He made Exts.P4,P5 and P6 representations following by Exts.P8 ad P9 reminders. Finally, Ext.P10 communication was issued by the Accountant General informing that as he was not resdesignated as Sr. Lecturer in the scale of pay of Rs.10,000 - 15,200, he is not entitled for the benefit of Ext.P2. It is thereupon that this writ petition is filed praying for a direction to the respondents to extend the benefit of Ext.P2. 4. In the counter affidavit filed, although first respondent admitted the issuance of Ext.P2, what is contended is that the existing Lecturers with Post Graduation alone were eligible for the benefit of redesignation and revised pay as provided in Ext.P2. It is stated that, the petitioner is entitled for revised scale of pay of WPC.No.22967 /06 :3 : Rs. 10,000 - 15,200 only with effect from 29.9.2000. 5. However, having gone through Ext.P2 order, I do not find it possible to accept the interpretation given by the first respondent. Obviously, Ext.P2 was issued on 16.6.2000, with retrospective effect from 1.1.1996. It is the admitted case that the petitioner worked on temporary basis for periods including the period subsequent to 1.1.1996. If so, ordinarily he should be eligible for the benefit of Ext.P2. He could be deprived of the said benefit only if persons like the petitioner are excluded from the purview of Ext.P2. No such provision is seen in Ext.P2. If so, any temporary appointee who had worked subsequent to 1.1.1996 is entitled to the benefit of Ext.P2. The view taken in the counter affidavit is that since the petitioner is not an existing temporary appointee, he is not eligible for Ext.P2 does not find any support in Ext.P2 order relied on by the petitioner. 6. The reason stated in Ext.P10 to reject the petitioner's claim is that the petitioner has not been redesignated as Sr. Lecturer. In my view, as the petitioner is a Post Graduate and as he had worked during the period subsequent to 1.1.1996, he was entitled to be redesignated and paid salary as allowed in Ext.P2. WPC.No.22967 /06 :4 : Therefore, this writ petition is disposed of directing the first respondent to extend the benefit of Ext.P2 to the petitioner for the period he has worked as a temporary appointee subsequent to 1.1.1996. The benefit of Ext.P2 shall be extended as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/