IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WA.No. 1445 of 2007(E) -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36482/2003 Dated 23/11/2006 .................... APPELLANT(S): RESPONDENTS IN THE W.PC -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, HEALTH DIRECTORATE THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENT(S): PETITIONER ------------------------- DR.SREEREKHA PANICKER, SARANYA, MARUTHANKUZHI, SASTHAMANGALAM, THIRUVANANTHAPURAM. ADV. SRI.V.N.ACHUTHA KURUP (SR.) FOR R1 SRI.B.S.SWATHY KUMAR FOR R1 SRI.BINDU SREEKUMAR FOR R1 SRI.K.G.RENGANATH FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.1445 of 2007 ------------------------------------- Dated 5th December, 2008 JUDGMENT Koshy,J . Respondent/petitioner joined the Department of Health Services as Assistant Surgeon on 26.7.1982. She was sanctioned leave without allowances for pursuing post graduate studies. The whole question is whether the leave period sanctioned for pursuing post graduate studies can be counted for granting higher grade. Learned single Judge allowed the writ petition mainly relying on Ext.P2 order. This writ appeal is filed by the State. It is the contention of the appellants that Ext.P2 is not strictly applicable in the petitioner's case. The question regarding similarly placed persons was considered by a Division Bench of this court in which one of us (J.B.Koshy, J) was a party in W.A.No.1978 of 2006 by judgment dated 30th September, 2008. After considering various contentions of the parties in detail and also considering the Government Order dated 28.12.2000 the Division Bench have held that the officers in the Health Department are entitled to get the above benefit. Clause 3 of the above Government Order reads as follows: W.1445/2007 2 “3. Government have examined the matter in detail and are pleased to extend the benefit of the government order read above to the medical officers of the health services who went on leave for P.G.Degree/Diploma after the introduction of Rule 91.A Part I. Kerala Service Rules as a special case subject to the following conditions; I. The benefit will not be admissible to those who have already quit the service. II. Grant of increment would be notional. III. Cases of time bound higher grade already sanctioned will not be re-opened and IV. Grant of increment would be subject to the production of proof of successful completion of the course and award of degree/diploma.” It is contended by the Government Pleader that time bound higher grade already sanctioned will not be re-determined. So, it cannot be reopened. But, respondent was not granted higher grade taking into account the period of study leave availed by him for obtaining post graduate degree. The above clause was intended for granting higher grade to medical officers who went on leave for higher grade after the introduction of Rule 91.A Part I of Kerala Service Rules. With regard to granting of higher grade, conditions 1 and 2 are satisfied. Petitioner was not given higher grade taking into account the period she was sanctioned leave for pursuing higher studies. According to the Government Order, the above benefit was given as it will benefit the health department as department will get services of qualified doctors. Division Bench in W.A.No. 1978 of 2006 held that W.1445/2007 3 benefit given to the doctors in the Medical College was extended by the above Government Order and held that members of the health services are also entitled to increments during the period of such leave sanctioned by the Government. In view of Ext.P2 Government Order, we are of the opinion that no interference is required in the impugned judgment. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks