IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 19222 of 2008(L) ---------------------------------------- PETITIONER(S): ------------------------ DR.SHYLAMMA T.M. SENIOR LECTURER (KRIYA SAREERA), GOVERNMENT AYURVEDA COLLEGE, TRIPUNITHURA. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION, TRIVANDRUM. 3. THE PRINCIPAL, GOVT.AYURVEDA COLLEGE, PUTHIYAKAVU, TRIPUNITHURA. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19222/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(MS)NO.258/98/H & FWD DATED 10/9/98 ISSUED BY THE 1ST RESPONDENT. P2 COPY OF THE P.G.DEGREE IN MANOVIGYAN AVUM MANAS ROGA ISSUED BY THE CALICUT UNIVERSITY TO THE PETITIONER. P3 COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 5/10/98. P4 COPY OF THE INTIMATION TO THE PETITIONER DATED 15/10/08 ISSUED BY THE HEALTH SECRETARY. P5 COPY OF THE REPRESENTATION SUBMITTEDBY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 19/5/07. P6 COPY OF THE JUDGMENT DATED 29/5/07 IN WP(C)NO.16304/07OF THIS HON'BLE COURT. P7 COPY OF THE G.O.(RT)NO.3601/2007/H&FWD DATED 19/10/07 ISSUED BY THE 1ST RESPONDENT. P8 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 9/11/07. P9 COPY OF THE U.O.NOTE NO.B2/4398/07 DATED 10/12/07 ISSUED BY THE 3RD RESPONDENT. P10 COPY OF THE JUDGMENT DATED 12/12/07 IN WP(C)NO.36636/07 OF THIS HON'BLE COURT. P11 COPY OF THE G.O.(RT)1839/08/H &FWD DATED 23/5/08 ISSUED BY THE 1ST RESPONDENT. P12 COPY OF THE LETTER NO.22398/D2/08/H &FWD DATED 17/6/08 ISSUED BY THE 1ST RESPONDENT. P13 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR HEALTH ON 8/10/1998. P14 COPY OF THE G.O.(MS0436/08/H&FWD DATED 24/7/08 ISSUEDBY THE 1ST RESPONDENT. P15 COPY OF THE G.O.(RT)314/2011/H&FWD DATED 27/01/2011 ISSUED BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19222 OF 2008 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T This writ petition is filed challenging Exhibit P11 order by the Government. It is stated that in view of the subsequent developments during the pendency of the writ petition viz the passing of Exhibit P15 order by the Government produced in I.A.No.3407/2011, the writ petition can be disposed of. 2. The petitioner was advised by the Public Service Commission on 18.09.1995 and joined service as Tutor in Kayachikitsa Department. The probation was also declared on 19.12.1997. It appears that the petitioner had opted the said department but since there were senior claimants, she was allotted to Kriyasareera department which is evident from Exhibit P1 order. 3. The petitioner submitted an application for re-option in respect of her claim. Finally, a review petition was filed which was also dismissed as per Exhibit P11 against which this writ W.P.(C) No.19222/2008 2 petition was filed. 4. In I.A.No.11560/2010, this Court passed an interim order dated 19.08.2010, which reads as follows: “In this writ petition challenging the deployment of the petitioner as Senior Lecturer in Kayachikitsa Department, on account of the contention raised in the counter affidavit that unless the petitioner is so deployed, her probation cannot be declared, the respondents are directed to permit the petitioner to join duty in the Kayachikitsa Department, without prejudice to the contentions in the writ petition”. 5. Presently, by Exhibit P15 order, the Government has ordered that the petitioner is transferred and posted in the Kayachikitsa Department in the existing vacancy in Government Ayurveda College, Thrippunithura. The operative portion of the order reads thus: “In the circumstance stated above Dr.T.M.Shylamma, Senior Lecturer (Assistant Professor) who opted Kaya Chikitsa Department but temporarily accommodated in Kriyasarir Department as per clause VI of the guidelines issued as G.O(Rt)881/96/H&FWD dated 8.4.96 and as per GO(Rt)258/98/H&FWD dated 10.9.98 is transferred and posted as such in Kaya Chikitsa Department in the existing vacancy at Government Ayurveda College, Thrippunithura. The order of the W.P.(C) No.19222/2008 3 Hon'ble High Court complied with accordingly”. In the light of the above, as the petitioner has obtained relief in the matter, no further orders are called for in the writ petition. Learned counsel for the petitioner submitted that the petitioner has got a claim for promotion and seniority in the said department. It is upto the petitioner to move the Government in the matter with appropriate representations. Without prejudice to the said right of the petitioner, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp