IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3739 of 2009(T) ------------------------- PETITIONER(S): --------------- DR.G.RAJALEKSHMI KUNJAMMA, RESIDENT MEDICAL OFFICER, SHREE VIDHYADHIRAJA HOMOEO PATHIC, MEDICAL COLLEGE HOSPITAL, NEMOM, THIRUVANANTHAPURAM - 20. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVT.HOMOEO PATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM. 3. CENTRAL COUNCIL FOR HOMOEOPATHY, JAWAHARLAL NEHRU BHARATHIYA CHIKILTASA HOMOEOPATHY, ANUSADHAN BHAVAN NO.61 - 65, INSTITUTIONAL AREA, OPP.D.BLOCK, NEW DELHI - 110058, REP. BY ITS SECRETARY. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.3739 of 2009 --------------------------------------------- Dated this the 4th day of February, 2009 JUDGMENT The petitioner claims that she is working as a Resident Medical Officer in Shree Vidhyadhiraja Homoeopathic Medical College, Thiruvananthapuram, which is attached to the Medical College. Shree Vidhyadhiraja Homoeopathic Medical College is one among three aided Homoeopathic Medical Colleges in the State. Direct payment of salary system was introduced in Shree Vidhyadhiraja Medical College as per Ext.P1 Government Order dated 3.9.2003 with retrospective effect from 1.9.2002. Subsequently, as per Ext.P5 Government Order dated 9.7.2008, the Government issued the Staff Fixation Order of teaching and non teaching staff of Shree Vidhyadhiraja Homeopathic Medical College. As per Ext.P5, the petitioner is treated as excess staff not qualified to be included as teaching staff. The grievance of the petitioner is that she alone is denied salary only on the ground that she had not received salary prior to Ext.P5 Government Order. WPC No.3739 /2009 2 2. Pointing out the grievance of the petitioner, she has submitted Ext.P6 representation dated 20.7.2008 before the Secretary to Government (Health and Family Welfare Department). Ext.P6 is pending disposal before the first respondent. 3. The reliefs prayed for the in the Writ Petition are the following: “(i) issue a writ of certiorari or other appropriate writ order or direction calling for the records leading to Ext.P5 and quash the same. (ii) issue a writ of mandamus, writ, order or direction to the respondent to give approval of the appointment of the petitioner as Resident Medical Officer with effect from 1.6.2005 and to grant all consequential benefits including salary. (iii) issue a writ order or direction to the first respondent to consider and pass appropriate orders on Ext.P6 representation after giving an affordable opportunity to the petitioner to be heard. (iv) issue an order or direction to the second respondent to disburse the salary to the petitioner subject to condition. (v) issue such other and further relief as this court may deem fit and proper in the facts and circumstances of the case.” 4. Learned counsel for the petitioner submitted that for WPC No.3739 /2009 3 the present, the petitioner would be satisfied, if relief No.(iii) is granted leaving open the right of the petitioner to seek the other reliefs at the appropriate stage. Learned Government Pleader submitted that Ext.P6 would be disposed of by the first respondent without delay. The Writ Petition is accordingly disposed of as follows: (i) The first respondent shall consider and dispose of Ext.P6 representation submitted by the petitioner, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE csl