IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 2233 of 2004(N) ------------------------- PETITIONER): --------------- DR.M.G.PRESANNA, SENIOR LECTURER IN MEDICO SOCIOLOGY DEPARTMENT OF COMMUNITY MEDICINE, MEDICAL COLLEGE, KOTTAYAM. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SRI.K.S.ANIL KUMAR (VAIKOM) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY HEALTH SECRETARY, MINISTRY OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL, STATUE JUNCTION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1TOR3 SRI T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NO.9283/2005 IN W.P.(C).No.2233/2004 ---------- DISMISSED 8/4/2009 Sd/- HARUN-UL-RASHID, JUDGE. APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER G.O.(P).NO.145/2000/H&FWD DTD. 16/6/2000. EXT.P2 TRUE COPY OF THE LETTER DTD. 1/12/2000 ISUD BY THE PRINCIAL SECREARY TO THE GOVERNMENT. EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDEN DTD. 1/12/2003 TO THE PETITIONER. EXT.P4 TRUE COPY OF THE PAY/SALARY SLIP DTD. 25/8/2003. EXT.P5 TRUE COPY OF THE LETTER SENT TO THE 2ND RSPONDENT DTD. 29/12/2003. EXT.P6 TRUE COPY OF THE LETTER SENT TO THE 3RD RESPONDENT DTD. 29/12/2003. EXT.P7 TRUE COPY OF THE OMMKUNICATION DTD. 5/3/2001 ISSUED TO C.G.SANTHA BY TH OFFICE OF THE 3RD RESPONDENT. EXT.P8 TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.10502/2004 DTD.15/9/2006. EXT.P9 TRUE COPY OF THE ORDER NO.GO(RT) NO.190/70/H&FWD DTD. 16/1/2007 ISSUED BY THE IST RESPONDENT. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.2233 OF 2004 ---------------------------- DATED THIS THE 8TH DAY OF APRIL, 2009 JUDGMENT The main prayer in this writ petition is for a declaration that the petitioner is entitled to get all the benefits of Senior Lecturers under Ext.P1 and to direct the respondents to confer the same on the petitioner, to quash Ext.P3 order and also for a direction prohibiting the respondents from reducing the salary of the petitioner presently being drawn by her and for other ancillary reliefs. 2. The petitioner is a Senior Lecturer in Medico Sociology working in the Department of Community Medicine, Medical College, Kottayam. The petitioner has been appointed as Rehabilitation Co-ordinator in Medical College, Trivandrum on 5/11/1980 under the Medical Education Department. At the time of her appointment her qualification was M.A. Sociology and M.Phil. in Sociology. She was promoted as Lecturer in -2- W.P.(C).No.2233/2004 Medico Sociology on 6/8/1992. The petitioner acquired Ph.D. in Sociology in the year 1991. 3. Petitioner claimed the benefit of Ext.P1 G.O. dated 16/6/2000. By Ext.P1 order G.O.(P) No.145/2000/H&FWD dated 16/6/2000 the Government issued orders revising the scale of pay and allowances of the Teaching Staff of the Medical College in the State of Kerala with effect from 1/1/1996. Ext.P1 reads that the existing Lecturers with P.G. Decree were to be re- designated as Senior Lecturers and paid salary in the scale of Rs.10000-325-15200. Lower scale of pay was fixed for the Lecturers without Post-graduation. In Ext.P1 it was also ordered that the arrears of salary from 1/1/1996 to 31/3/2000 will be credited to the General Provident Fund Account of the individual and that the revised emoluments were to be paid in cash from the salary from April 2000 onwards. Ext.P2 is a clarification dated 1/12/2000 issued by the Principal Secretary to the Government to the Accountant General, which in turn is a reply to the letter -3- W.P.(C).No.2233/2004 dated 7/9/2000 sent by the Accountant General with regard to Ext.P1 order. 4. Petitioner has been paid revised pay and other allowances for a period of 3 ½ years based on Ext.P1. Subsequently, the Director of Medical Education wrote to the Accountant General that the petitioner was entitled to draw pay and allowances at the monthly rate of Rs.8,000/- only and not as per Ext.P1 and informed the Accountant General that the petitioner is not entitled to receive revision of pay and other benefits conferred under Ext.P1 order. Ext.P3 is the communication issued by the 3rd respondent to the petitioner. In Ext.P3 it is ordered that the pay of the petitioner is reduced on the basis of order No.G3/4477/2001/DME dated 8/3/2001 and that the salary excess drawn by the petitioner might be refunded under intimation to the 3rd respondent. As per pay slip the petitioner was drawing a total monthly sum of Rs.18,118/- inclusive of Dearness Allowance and House Rent Allowance as on 25/8/2003. -4- W.P.(C).No.2233/2004 Subsequent to Ext.P3 the petitioner is receiving only a total sum of Rs.14,7686/- inclusive of D.A. and H.R.A. as on 1/8/2003. Petitioner submitted Ext.P5 representation stating that the stand of the Government and the Director of Medical Education is illegal and that the reduction of salary of the petitioner and the demand for refunding excess pay drawn by her are legally unsustainable. Ext.P5 and P6 are the representations submitted by the petitioner before the 2nd and 3rd respondent respectively. Petitioner submitted that subsequent classification of teachers as medical and non-medical for the purpose of giving different scale of pay is without any rational basis. Ext.P1 G.O. does not permit differential treatment in Dental, Medical and Pharmaceutical Science Colleges. It is also submitted that both categories of teachers are doing the teaching work to the same set of students and that the non-medical branch are all holders of post-graduate qualification. Petitioner in addition to post-graduate qualification is the holder of Doctoral Degree. -5- W.P.(C).No.2233/2004 5. I have examined Ext.P1 G.O., which relates to pay and allowances of teaching staff of the Medical, Dental and Pharmaceutical Science Colleges in the State. Ext.P1does not differentiate in medical and non-medical teachers in the same department. On a plain reading of Ext.P1 it is clear that it is applicable to teachers whether medical or non-medical or otherwise in Medical, Dental and Pharmaceutical Science Colleges. Paragraph 2 of Ext.P1 reads that the Government ordered the revision of scales of pay and allowances of the teaching staff of the Medical, Dental and Pharmaceutical Science Colleges in the State with effect from 1/1/1996 as shown in the Annexure to this order. In each and every part of Ext.P1 it is unambiguously made clear that the Government order is applicable to all teaching staff to the Medical, Dental and Pharmaceutical Science Colleges, irrespective of whether they belong to clinical or non-clinical group. In Annexure to Ext.P1 it is again stated that the revision applied to the teaching staff of -6- W.P.(C).No.2233/2004 the Medical, Dental and Pharmacy Colleges in Kerala. The revised pay scale reads as follows: ------------------------------------------------------------------------------- Sl.No. Designation Existing scales Revised scales of pay of pay ------------------------------------------------------------------------------- 1. Lecturer (without PG) 2200-4000 8000-275-13500 2. Sr. Lecturer (with PG) 10000-325-15200 3. Asst.Professor 3000-5000 12000-420-18300 4. Associate Professor 3700-5700 14300-450-19250 5. professor 4500-7300 16400-450-20900 500-22400 6. Principal/Joint DME 4800-7300 18400-500-22400 (Minimum to be fixed at Rs.19400) 7. DME 5100-7300 22000-500-24500 ------------------------------------------------------------------------------- 6. Petitioner approached this Court by filing W.P.(C). No.10502/2004 and relying on Ext.P8 she complained that the Assistant Professor in the Health Education Department is granted time bound cadre promotion and that the petitioner's case was not considered. Therefore, the petitioner requested for considering her case also for the purpose of appointing her as Assistant Professor/Associate Professor in the Health Education -7- W.P.(C).No.2233/2004 Department. This Court by judgment dated 15/09/2006 directed the Government to consider the case of the petitioner and pass orders. Ext.P9 is the order passed by the Government. 7. As per Ext.P1 G.O. the Government ordered, apart from the revision in scales of pay and allowances, carrier advancement prospects also to the teaching staffs, existing Lecturers with P.G. Degree were to be re-designated as Senior Lecturers and paid salary in the scale of Rs.10,000-325-15,200. On the basis of Ext.P1 the petitioner contended before the Government that she is entitled to get time bound cadre promotion. But the Director of Medical Education took the stand that only Lecturers who have basic MBBS degree and acquired PG Degree in the specialty concerned alone are eligible for re-designation as Senior Lecturer and that only the Senior Lecturer can be considered for the time bound cadre promotion as Assistant Professor/Associate Professor. The Director of Medical Education ordered that the petitioner is not eligible to be re-designated as Senior Lecturer -8- W.P.(C).No.2233/2004 and that she is not eligible to be considered for the time bound cadre promotion as Assistant Professor and Associate Professor. The reason stated in Ext.P9 is that Ext.P1 order is not applicable to the non-medical Lecturers and hence the petitioner is not eligible for time bound cadre promotion. 8. I have perused Ext.P1 Government Order and took the view that Ext.P1 is applicable to all teaching staff irrespective of medical or non-medical Lecturers. Ext.P1 does not restrict its application to the Lecturers in clinical branch. Ext.P1 confers benefits to Lecturers in Dental, Medical and Pharmaceutical Science Colleges in Kerala. If Ext.P1 confers benefit to Lecturers irrespective of clinical branch or non-clinical branch, the petitioner is entitled to the benefits conferred by it. Therefore, the petitioner is eligible for time bound cadre promotion and all other benefits conferred vide Ext.P1 order. Taking into consideration Ext.P1 Government Order, Ext.P9 order is ex facie illegal and unsustainable in law. Therefore, the impugned orders, Exts.P3 -9- W.P.(C).No.2233/2004 and P9 are quashed. 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 cadre promotion under Ext.P1 with effect from 1/1/1996 as Assistant Professor and 6/8/1999 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. Writ Petition is allowed. Sd/- HARUN-UL-RASHID, Judge. kcv. The dates “1.1.1996” and “6.8.1999” occurring in the penultimate sentence in paragraph 8 of the judgment dated 08/04/2009 in W.P.(C).No.2233/2004 are corrected as “6.8.1997” and “6.8.2002” respectively as per order dated 21.05.2009 in I.A.No.5604/2009. Sd/- Registrar (Judicial)