IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 2256 of 2011(F) ------------------------- PETITIONER: --------------- DR. SUJA ANI G. PROFESSOR OF ORTHODONTICS, DENTAL COLLEGE, KOTTAYAM. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE(D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695011. 3. THE PRINCIPAL, DENTAL COLLEGE, THIRUVANANTHAPURAM-695011. 4. THE PRINCIPAL, DENTAL COLLEGE, KOTTAYAM-686008. 5. DR.SHOBHA SUNDARESWARAN, PROFESSOR OF ORTHODONTICS, DENTAL COLLEGE, CALICUT-673 008. 6. DR.KOSHI PHILIP, ASSOCIATE PROFESSOR(NON CADRE) DEPARTMENT OF ORTHODONTICS, DENTAL COLLEGE,THIRUVANANTHAPURAM-695011. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX W.P.(C)No. 2256/11 EXT.P1 : COPY OF THE JUDGMENT DT.17.1.07 IN W.P.(C)NO.1605/07(N) PASSED BY THIS COURT. EXT.P2 : COPY OF THE ORDER GO(RT)NO.1944/2010 /H&FWD DT.12.5.10 ISSUED BY THE GOVERNMENT. EXT.P3 : COPY OF THE RELIEVING ORDER NO.E1/1630/2010 DT.18.5.10 ISSUED BY THE PRINCIPAL, DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P4 : COPY OF THELETTER DT.19.5.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P5 : COPY OF THE LETTER DT.19.5.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P6 : COPY OF THE ORDER GO(RT)NO.2484/2010/H&FWD DATED 23.6.10 ISSUED BY THE GOVERNMENT. EXT.P7 : COPY OF THE ORDER NO.E1-2046/2010/DCT DT.25.6.10 ISSUED BY THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, TRIVANDRUM TO THE PETITIONER. EXT.P8 : COPY OF THE LETTER DT.26.6.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P9 : COPY OF THE LETTER DT.26.6.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P10 : COPY OF THE REPRESENTATION DT.26.6.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P11 : COPY OF THE ORDER NO.E-1036/2010/DCK DT.28.6.10 ISSUED BY THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, KOTTAYAM TO THE PETITIONER. EXT.P12 : COPY OF THE REPRESENTATION DT.18.9.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, THIRUVANANTAPURAM. EXT.P13 : COPY OF THE REPRESENTATION DT.27.9.10 SUBMITTED BY THE PETITIONER TO THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTAPURAM – 695 011. EXT.P14 : COPY OF THE LETTER DT.13.10.10 NO.E1/2046/2010/DCT ISSUED BY THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, TRIVANDRUM TO THE PETITIONER. EXT.P15 : COPY OF THE LETTER DT.13.10.10 SUBMITTED BY DR.KOSHI PHILIP, ASSOCIATE PROFESSOR & IN CHARGE, DEPARTMENT OF ORTHODONTICS TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, TRIVANDRUM-11. W.P.(C)No. 2256/11 EXT.P16 COPY OF THE REPLY DT.20.10.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, DENTAL COLLEGE, TRIVANDRUM – 695 011. EXT.P17 COPY OF THE LETTER DT.30.10.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, DENTAL COLLEGE, TRIVANDRUM- 695 011. EXT.P18 COPY OF THE COMMUNICATION E1/2046/2010/DCT DT.3.11.10 ISSUED BY THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, TRIVANDRUM TO THE PETITIONER. EXT.P19 COPY OF THE LETTER DT.14.11.10 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, TRIVANDRUM. EXT.P20 COPY OF THE REPRESENTATION DT.3.1.11 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, DENTAL COLLEGE, TRIVANDRUM-695 011. EXT.P21 COPY OF THE ORDER DT.11.3.11 I.A.NO. 4134/2011 IN W.P.(C)NO.2256/2011 (F) PASSED BY THIS COURT. EXT.P22 COPY OF THE LETTER NO.E1/2046/2011/DCT DATED 11.3.11 ISSUED BY THE PRINCIPAL, GOVT.DENTAL COLLEGE, TRIVANDRUM TO THE PETITIONER. EXT.P23 COPY OF THE ATTENDANCE CERTIFICATE DT.23.3.11 ISSUED BY THE PRINCIPAL, GOVT.DENTAL COLLEGE, TRIVANDRUM TO THE PETITIONER. EXT.P24 COPY OF THE REPORT DT.28.3.11 SUBMITTED BY THE PETITIONER TO THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. EXT.P25 COY OF THE ORDER DT.2.4.11 SUBMITTED BY THE PETITIONER TO THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. EXT.P26 COPY OF THE LETTER DT.24.5.11 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, GOVT.DENTAL COLLEGE, TRIVANDRUM-11. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.2256 Of 2011-F -------------------------------------------------- DATED THIS THE 12TH DAY OF JULY, 2011 J U D G M E N T At the time of filing of the Writ Petition, the petitioner was working as Professor of Orthodontics, Dental College, Kottayam. It is the case of the petitioner that even though the petitioner was promoted and posted as Professor while she was working as Associate Professor in the Dental College, Thiruvananthapruam, the non-liability certificate from the Dental College, Thiruvananthapuram has not been issued for various reasons. Accordingly this Writ Petition was filed seeking for a direction to respondents 1 to 3 to take immediate steps for the conduct of verification of the stock in the Department of Orthodontics of the Dental College, Thiruvananthapuram in the presence of the petitioner and respondents 5 and 6. 2. When the matter came up for hearing on 11.3.2011, this Court passed an interim order in I.A.No.4134/2011 recording the submission of the learned Government Pleader that the Government as per letter dated 2.2.2011 has directed the Director of Medical Education to conduct a physical verification of stocks in the Department under the physical presence of respective doctors including the petitioner and to complete the process within one month. W.P.(C)No.2256/11 -2- 3. It is submitted by the learned counsel for the petitioner that the physical verification of the stock was subsequently done. 4. It is submitted by the learned Government Pleader that no major discrepancies have been noted. It is also submitted by the learned Government Pleader that the petitioner has already been transferred back to Dental College, Thiruvananthapuram as Professor and Head of the Department of Orthodontics and therefore no dues certificate will be issued in terms of the Rules. The same is recorded. Appropriate steps will be taken to issue such a certificate within a period of three weeks from the date of receipt of a copy of this judgment. 5. The learned counsel for the petitioner submitted that in spite of the order of transfer issued by the Government, it has not been communicated to the petitioner so far. The same will be communicated duly to the petitioner expeditiously for enabling the petitioner to join as Professor and Head of the Department of Orthodontics in the Dental College, Thiruvananthapuram. The Writ Petition is disposed of as above. SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) dsn