IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 7529 of 2008(U) -------------------------------------- PETITIONER(S): ---------------------- DR.K.G.BEENA, LECTURER, DEPARTMENT OF RACHANA SAREERA, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY, THRISSUR DIST. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS REGISTRAR. 3. THE MANAGER, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY, THRISSUR DIST. ADDL. R4 IS IMPLEADED. 4. V.S.SUDHA GOPALAN, AGED 49, S/O. V.G.SUKUMARN, RESIDING AT VAYAKKATTIL HOUSE, ENGADIYOOR, TRICHUR DISTRICT. ADDL. R4 IS IMPLEADED AS PER ORDER DT. 12.8.08 IN IA. 9718/08. R1 BY GOVT. PLEADER MR.DILIP MOHAN R2 BY ADV.MR.P.C.SASIDHARAN, SC, CALICUT UTY. R3 BY MR.KRB.KAIMAL, SENIOR ADVOCATE R3 BY ADVS.MR. B.UNNIKRISHNA KAIMAL ADDL. R4 BY MR.N.SUKUMARAN, MR.S.SHYAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON 10/08/2009 DELIVERED THE FOLLOWING: W.P.(C) NO. 7529/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 6.8.91 ISSUED BY THE PRINCIPAL OF THE COLLEGE. P2:- COPY OF THE ORDER, G.O.DTD. 3.11.94 ISSUED BY THE GOVT. P3:- COPY OF THE ORDER DTD. 26.2.99 ISSUED BY THE MANAGER. P4:- COPY OF THE M.D.DEGREE CERTIFICATE OF THE PETITIONER. P5:- COPY OF THE AMENDMENT ISSUED AS PER NOTIFICATION PUBLISHED IN THE GAZETTE DTD, 29,6,99. P6:- COPY OF THE OFFICE NOTE DTD. 22.4.2000 ISSUED BY THE PRINCIPAL. P7:- COPY OF THE ORDER, G.O. DTD. 19.3.96 ALONG WITH THE ANNEXURE ISSUED BY THE GOVT. P8:- COPY OF THE RELEVANT PAGES OF THE REGULATIONS ISSUED BY THE CENTRAL COUNCIL FOR INDIAN MEDICINE. P9:- COPY OF THE OPTION FORM SUBMITTED BY THE PETITIONER DTD. 15.5.2000. P10:- COPY OF THE ORDER DT. 30.5.2000 ISSUED BY THE 3RD RESPONDENT. P11:- COPY OF THE ORDER DT. 14.2.05 ALONG WITH THE APPENDIX ISSUED BY THE 2ND RESPONDENT. P12:- COPY OF THE ORDER DTD. 15.2.08 ISSUED BY THE 2ND RESPONDENT. P13:- COPY OF THE ORDER OF THE GOVERNMENT DTD. 18.2.81. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE ORDER NO.A1/543/08/VAC DTD. 18.6.08 ISSUED BY THE 3RD RESPONDENT. R3(b):- COPY OF THE ORDER NO. A1/346/07 DTD. 25.8.07 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.A.TO JUDGE tss S.SIRI JAGAN, J. ================== W.P(C).No.7529 of 2008 ================== Dated this the 10th day of August, 2009 J U D G M E N T The petitioner is a Lecturer in the Department of Rachanasareeram of the 3rd respondent Ayurveda College. The 3rd respondent implemented the 13+1 Department System as against the previous 7+1 Department System in the college, as per the norms prescribed by the Council of Indian Systems of Medicines. Pursuant thereto, the existing teaching staff were distributed to various departments after obtaining options and retaining their lien in the departments of their option wherever the teacher could not be accommodated in the departmental of his/her option. Since the Government did not sanction the staff pattern of 13+1 Department System, the existing teachers were distributed to various departments in accordance with the availability of posts. The University accepted the allotment of the petitioner to the Department of Rachanasareeram with lien in the Department of Kaumarabruthya. The intention of retaining the lien in Kaumarabruthya was to reallot the petitioner to the Department of Kaumarabruthya as and when a vacancy of lecturer arises in that Department. That vacancy did not arise only because the Government had not sanctioned the staff patten in accordance with 13+1 Department System. I had in W.P.(C). W.P.C.7529/08 2 No.20956/2006 and connected castes directed the Government to approve the implementation of 13+1 Department System in the 3rd respondent's college and to sanction staff pattern as stipulated by the Central Council. Therefore, on implementation of the direction in that judgment, the petitioner can be accommodated in the Department of Kaumarabruthya, since there would be a post of Lecturer in the Department of Kaumarabruthya. Therefore, in view of that judgment, this writ petition is disposed of with a direction to the 1st respondent to allot the petitioner to the Department of Kaumarabruthya in accordance with the lien recognised by Exts.P10 and P11 with effect from 1.7.2000. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge