IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1445 of 2007(E)
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
2. THE DIRECTOR OF HEALTH SERVICES,
Vs
1. DR.SREEREKHA PANICKER, SARANYA,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.V.N.ACHUTHA KURUP (SR.)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :05/12/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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W.A.No.1445 of 2007
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Dated 5th December, 2008
JUDGMENT
Koshy,J.
Respondent/petitioner joined the Department of Health
Services as Assistant Surgeon on 26.7.1982. She was sanctioned leave
without allowances for pursuing post graduate studies. The whole
question is whether the leave period sanctioned for pursuing post
graduate studies can be counted for granting higher grade. Learned
single Judge allowed the writ petition mainly relying on Ext.P2 order.
This writ appeal is filed by the State. It is the contention of the
appellants that Ext.P2 is not strictly applicable in the petitioner’s case.
The question regarding similarly placed persons was considered by a
Division Bench of this court in which one of us (J.B.Koshy, J) was a party
in W.A.No.1978 of 2006 by judgment dated 30th September, 2008. After
considering various contentions of the parties in detail and also
considering the Government Order dated 28.12.2000 the Division Bench
have held that the officers in the Health Department are entitled to get
the above benefit. Clause 3 of the above Government Order reads as
follows:
W.1445/2007 2
“3. Government have examined the matter in
detail and are pleased to extend the benefit of
the government order read above to the
medical officers of the health services who
went on leave for P.G.Degree/Diploma after
the introduction of Rule 91.A Part I. Kerala
Service Rules as a special case subject to the
following conditions;
I. The benefit will not be admissible to those
who have already quit the service.
II. Grant of increment would be notional.
III. Cases of time bound higher grade already
sanctioned will not be re-opened and
IV. Grant of increment would be subject to the
production of proof of successful completion of
the course and award of degree/diploma.”
It is contended by the Government Pleader that time bound higher
grade already sanctioned will not be re-determined. So, it cannot be
reopened. But, respondent was not granted higher grade taking into
account the period of study leave availed by him for obtaining post
graduate degree. The above clause was intended for granting higher
grade to medical officers who went on leave for higher grade after
the introduction of Rule 91.A Part I of Kerala Service Rules. With
regard to granting of higher grade, conditions 1 and 2 are satisfied.
Petitioner was not given higher grade taking into account the period
she was sanctioned leave for pursuing higher studies. According to
the Government Order, the above benefit was given as it will benefit
the health department as department will get services of qualified
doctors. Division Bench in W.A.No. 1978 of 2006 held that
W.1445/2007 3
benefit given to the doctors in the Medical College was extended by
the above Government Order and held that members of the health
services are also entitled to increments during the period of such
leave sanctioned by the Government. In view of Ext.P2 Government
Order, we are of the opinion that no interference is required in the
impugned judgment.
The appeal is dismissed.
J.B.KOSHY
JUDGE
THOMAS P. JOSEPH
JUDGE
tks