IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 23059 of 2009(B) --------------------------------------- PETITIONER: ------------------- S.SUDHARMINI, ASSISTANT PROFESSOR IN ENTOMOLOGY, DEPARTMENT OF COMMUNITY MEDICINE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADVS. MR.P.RADHAKRISHNAN, MR.MADHU RADHAKRISHNAN, MR.NELSON JOSEPH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, 2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23059/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER G.O.(P).NO.145/2000/H&FWD DTD. 16/06/2000. EXT.P.2: COPY OF THE ORDER G.O.(MS).NO.33/2001/H&FWD DTD. 05/02/2001. EXT.P.3: COPY OF THE CIRCULAR DTD. 08/05/2009 ISSUED BY THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. EXT.P.4: COPY OF THE DECLARATION SUBMITTED BY THE PETITIONER TO THE PRINCIPAL. EXT.P.5: COPY OF THE LETTER DTD. 04/05/2009 SUBMITTED BY THE PETITIONER TO THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT. EXT.P.6: COPY OF THE NOTIFICATION G.O(P).NO.65/2009/H&FWD DTD. 04/03/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23059/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2009 J U D G M E N T The petitioner is working as an Assistant Professor in Entomology in the Department of Community Medicine, Medical College, Thiruvananthapuram. She is due to retire on 31/03/2010. She is having a total service of 26 years. She joined service as a Lab Assistant on 14/12/1982. Later, she was promoted as Entomological Assistant and thereafter as Lecturer in Entomology with effect from 06/06/1992 and finally, as Assistant Professor in Entomology on 10/07/1998. The petitioner's academic qualification is M.Sc Degree in Zoology with B.Ed. The main prayer in the writ petition is to direct the respondents to grant all the benefits under Ext.P1 G.O.(P). No.145/2000/H&FWD, dated 16/06/2000. The petitioner is also seeking for a further direction to promote her as Associate Professor with effect from 06/06/2002 and to pay salary and other benefits in the said post of Associate Professor. 2. Ext.P5 is the representation filed by the petitioner seeking for various reliefs. The petitioner has got a case therein that she is eligible for Time Bound Cadre Promotion as Assistant Professor with effect from W.P.(C). No.23059/2009 -:2:- 06/06/1996 and in the cadre of Associate Professor in Entomology with effect from 06/06/2001. 3. The learned counsel for the petitioner submitted that in the light of the decision of this Court in W.P.(C). No.2233/2004 dated 08/04/2009 also, the petitioner is entitled for a favourable consideration of Ext.P5. Therein, this Court considered the case of one of the Senior Lecturers in Medico Sociology in the Department of Community Medicine, Medical College, Kottayam under Ext.P1 produced herein itself. It was also held in paragraph (5) of the Judgment that “Ext.P1 does not differentiate in medical and non-medical teachers in the same department”. It was also held that the same is applicable to teachers whether medical or non-medical or otherwise in Medical, Dental and Pharmaceutical Science Colleges. Accordingly, this Court issued the following directions in the said Judgment after holding the view that the petitioner therein is eligible for the time bound cadre promotion and all other benefits conferred as per Ext.P1:- “It is hereby declared that the petitioner is entitled to get all the benefits of Senior Lecturers in Ext.P1. It is also declared that the petitioner is entitled to get the benefit of time bound W.P.(C). No.23059/2009 -:3:- cadre promotion under Ext.P1 with effect from 01/01/1996 as Assistant Professor and 06/08/1999 as Associate Professor in Medico Sociology. There will be a direction that consequent orders shall be passed by the Government within a period of two months from the date of receipt of a copy of this Judgment.” 4. In the light of the above, the claim of the petitioner for the benefits sought for in Ext.P5 will be considered by the Government and a decision will be taken within six weeks after due advertence to the Judgment in W.P.(C).No.2233/2004 from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of this Judgment along with a copy of the Judgment in W.P.(C). No.2233/2004 before the Government for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms