IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 28246 of 2006(K) --------------------------------------- PETITIONER(S): ------------------------ MINI JOSEPH, TUTOR TECHNICIAN, MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28246/2006 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CIRCULAR NO.6667/H2/94/H & FWD DATED 11/2/97. P2 COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 19/5/03. P3 COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 19/2/2003 P4 COPY OF THE ORDER ISSUED BY THE PRINCIPAL, MEDICAL COLLEGE,TRIVANDRUM DATED 7/6/2003. P5 COPY OF THE CERTIFICATE ISSUED BY THE DIRECTOR SCHOOL OF HEALTH SCIENCE, DATED 15/10/04. P6 COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 21/10/04. P7 COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 11/5/04. P8 COPY OF THE G.O(RT)NO.4121/2000/H & FWD DATED 8/12/2000. P9 COPY OF THE G.O(RT) NO.1042/01/H & FWD DATED 9/4/01. P10 COPY OF THE GOVERNMENT ORDER DATED 9/3/99. P11 COPY OF THE GOVERNMENT ORDER DATED 6/10/2000. P12 COPY OF THE GOVERNMENT ORDER DATED 24/3/99. P13 COPY OF THE GOVERNMENT ORDER DATED 14/5/99. P14 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.14945/06 DATED 8/6/06. P15 COPY OF THE G.O (RT)NO.2369/2006/FED DATED 8/8/06. P16 COPY OF THE ORDER IN GO(MS) 14/93/H& FWD DATED 2/2/93. P17 COPY OF THE CIRCULAR DATED 26/9/2000 P18 COPY OF THE ORDER IN G.O(RT)NO.2377/02 H & FWD DATED 3/10/02. P19 COPY OF THE ORDER IN G.O.(MS) 179/98/H & FWD DATED 3/7/98. P20 COPY OF THE ORDER IN G.O.(MS) 2023/90/H & FWD DATED 26/6/90. P21 COPY OF THE CERTIFICATE OF MSC (MLT) ISSUED BY THE CALICUT UNIVERSITY DATED 01/04/2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.28246 OF 2006 --------------------------------------- Dated this the 5th day of April, 2011. J U D G M E N T The petitioner is aggrieved by the denial of deputation benefits. The main reason shown in Ext.P15 order issued by the Government to deny the same is that the petitioner had joined a self financing College and not a Government Institution. While the petitioner was working in the Medical College, Thiruvananthapuram, she got admission to M.Sc MLT course in the School of Health Science, Calicut University. Ext.P1 contains the guidelines for deputation. 2. It is the case of the petitioner that similarly placed persons have been granted the deputation benefits. The petitioner has produced along with the reply affidavit copies of the orders passed by the Government in favour of different persons who, according to the petitioners, have joined similarly placed institutions as evident from the details in Exts.P19 and P20. It is, therefore, submitted that the petitioner is also entitled W.P.(C) No.28246/2006 2 for a similar treatment. 3. Mainly in Ext.P15 the reason shown is that the petitioner joined a self financing institution. The petitioner is relying upon Exts.P19 and P20 Government Orders. In that view of the matter, for reconsideration of the matter, Ext.P15 is quashed. Along with a copy of this judgment, the petitioner will produce copies of Exts.P19 and P20 along with a representation before the Government and on receipt of the same, fresh orders will be issued, after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp