IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP(KAT) NO. 170 OF 2022
AGAINST THE INTERIM ORDER IN OA (EKM) 369/2022 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT
THE PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA , PIN - 695001
2 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF LABOUR AND SKILLS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA , PIN - 695001
3 THE DIRECTOR
DIRECTORATE OF INSURANCE MEDICAL SERVICES,
PANCHDEEP BHAVAN, THYCAUD,
THIRUVANANTHAPURAM
KERALA, PIN - 695014
BY SR.GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
RESPONDENT:
DR. DINESH BABU K.K.
AGED 55 YEARS, S/O K.S. KUNHUNNY,
INSURANCE MEDICAL OFFICER (AYURVEDA),
ESI DISPENSARY,
ERNAKULAM NORTH, 682 018.,
OP(KAT) Nos. 170 & 171 of 2022
2
RESIDING AT KOOTTALAKKAL HOUSE,
CRASH ROAD, THRIKKAKARA P.O.,
ERNAKULAM - 682 021, KERALA, PIN - 682021
BY ADV P.R.JAYAKRISHNAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 23.06.2022, ALONG WITH OP(KAT).171/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos. 170 & 171 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP(KAT) NO. 171 OF 2022
AGAINST THE INTERIM ORDER IN OA 880/2022 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
UNDER THE GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA , PIN - 695001
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF LABOUR AND SKILLS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA , PIN - 695001
3 THE DIRECTOR
DIRECTORATE OF INSURANCE MEDICAL SERVICES,
THYCAUD, THIRUVANANTHAPURAM ,
KERALA., PIN - 695014
BY SR. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
RESPONDENT:
MANJUSMITHA B.K.
AGED 56, W/O DINAKARAN PILLAI P.,
WORKING AS ASSISTANT INSURANCE MEDICAL OFFICER
(HIGHER GRADE) IN ESI DISPENSARY,
OP(KAT) Nos. 170 & 171 of 2022
4
PEROORKADA, THIRUVANANTHAPURAM - 695 005,
UNDER DIRECTORATE OF INSURANCE MEDICAL SERVICES,
DEPARTMENT OF LABOUR AND SKILLS,
RESIDING AT SOUPARNIKA, TC 41/417,
LLIPPODE, VATTIYOORKAVU,
THIRUVANANTHAPURAM,
KERALA - 695 013., PIN - 695013
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 23.06.2022, ALONG WITH OP(KAT).170/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos. 170 & 171 of 2022
5
A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
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OP(KAT) Nos. 170 & 171 of 2022
--------------------------------------------
Dated this the 23rd day of June 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
Both these Original Petitions (KAT) impugn interim orders of the Tribunal dated 20.05.2022 and 25.05.2022 in OA Nos. 880 of 2022 and 369 of 2022 pending before the Kerala Administrative Tribunal (KAT), Ernakulam. Briefly stated, the issue involved in the original petitions was the legality of the action of the Government in raising the retirement age of Allopathic Medical Officer to 60 years while excluding the Insurance Medical Officers (Ayurveda) under the Directorate of Insurance Medical Services from the said benefit. It would appear that taking note of impending superannuation at 56 years of the applicant, the Tribunal had passed an interim order permitting the applicants to continue in service until the age of 60 years. It is aggrieved by the said interim orders that the State has preferred these original petitions (KAT) before us.
2. We have heard Sri.Bijoy Chandran, the learned Government Pleader for the petitioners. In the nature of the order that we propose to pass, we do not deem it necessary to hear the OP(KAT) Nos. 170 & 171 of 2022 6 respondents.
3. On a consideration of the facts and circumstance and the submissions made across the Bar and finding that these original petitions have been preferred against interim orders of the Tribunal, which in turn relied on final orders passed by the Tribunal against which Original Petitions (KAT) are pending before us, we see no reason to interfere with the said interim orders at this stage, save for clarifying that the remuneration paid to the applicants by the petitioners herein, pursuant to the interim orders that permit them to continue in service beyond the superannuation age of 56 years and till the attainment of 60 years, shall be provisional and subject to the result of the original applications. Save for this modification, the original petitions (KAT) are otherwise dismissed relegating the petitioners to agitate their contentions in the original applications that are pending before the Tribunal.
The Original Petitions(KAT) are disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/-
MOHAMMED NIAS C.P., JUDGE dlk 23.6.2022 OP(KAT) Nos. 170 & 171 of 2022 7 APPENDIX OF OP(KAT) 171/2022 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER G.O.(P) NO.
01/2013/FIN. DATED 01/01/2013, ISSUED BY THE 2ND RESPONDENT.
Annexure A2 THE TRUE COPY OF THE NOTIFICATION NO. GSR 27(E) DATED 05.01.2018, ISSUED BY THE PERSONNEL AND TRAINING DEPARTMENT Annexure A3 THE TRUE COPY OF THE ORDER G.O.(MS.) NO.
169/2017/H&FWD DATED 28.11.2017 ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT. Annexure A4 THE TRUE COPY OF THE RETIREMENT AGE OF ASSISTANT INSURANCE MEDICAL OFFICERS PRACTICING ALLOPATHY WAS RAISED TO 58 FROM 56 ORDER G.O.(MS.) 31/2014/LAB DATED 26.02.2014 ISSUED BY THE 2ND RESPONDENT. Annexure A5 THE TRUE COPY OF THE RETIREMENT AGE OF ASSISTANT INSURANCE MEDICAL OFFICERS PRACTICING ALLOPATHY WAS RAISED TO 60 ORDER G.O.(MS.) NO. 74/2014/LAB DATED 27.06.2014 ISSUED BY THE 2ND RESPONDENT. Annexure A6 THE TRUE COPY OF THE INSURANCE MEDICAL SERVICES, THE RETIREMENT AGE OF DENTAL DOCTORS WAS ENHANCED FROM 56 TO 60 ORDER G.O.(MS.) NO. 02/2022/LAB DATED 07.01.2022 ISSUED BY THE 2ND RESPONDENT.
Annexure A7 THE TRUE COPY OF THE LETTER DATED 18.06.2020 WITH THE NUMBER 1515661/HLT- B3/130/2020/FIN. SUBMITTED BY THE ADDITIONAL CHIEF SECRETARY TO THE DR. DURGA PRASAD. S. (GENERAL SECRETARY) Annexure A8 THE TRUE COPY OF THE REPRESENTATION DATED 13.05.2022, GIVEN BY THE APPLICANT TO THE CHIEF SECRETARY, THE PRINCIPAL SECRETARY LABOUR AND SKILLS, AND THE DIRECTOR OF INSURANCE MEDICAL SERVICES.
Annexure A9 THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO. OP(KAT) Nos. 170 & 171 of 2022 8 4578/2021 Annexure A10 THE TRUE COPY OF THE HON'BLE TRIBUNAL ORDER O.A. (EKM) NO. 1593/2021, DATED 11.05.2022.
Annexure A11 THE TRUE COPY OF THE HON'BLE TRIBUNAL ORDER NO. O.A. 719/2022, DATED 11.05.2022.
Exhibit EXHIBIT P1 Exhibit P2 TRUE COPY OF INTERIM ORDER DATED 20.05.2022 IN O.A. NO. 880/2022.
OP(KAT) Nos. 170 & 171 of 2022 9 APPENDIX OF OP(KAT) 170/2022 PETITIONER'S ANNEXURES Annexure A1 TRUE COPIES OF 1ST AND 9TH PAGES OF NATIONAL HEALTH POLICY, 1983 OF THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI.
Annexure A2 TRUE COPIES OF FRONT AND 1ST PAGES OF NATIONAL HEALTH POLICY 2017 NOTIFIED BY MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA.
Annexure A3 TRUE COPIES OF FRONT AND 1ST PAGES OF ANNUAL REPORT FOR 2018-19 PUBLISHED BY AYUSH DEPARTMENT, GOVERNMENT OF INDIA Annexure A4 THE TRUE COPIES OF FRONT AND 206 TO 215 PAGES OF 7TH CPC (NOVEMBER, 2015), GOVERNMENT OF INDIA Annexure A5 TRUE COPIES OF 1ST, 21ST, 22ND AND 44TH PAGES OF RAJASTHAN REVISED PAY RULES 2017 ISSUED BY FINANCE DEPARTMENT, GOVERNMENT OF RAJASTHAN.
Annexure A5A TRUE COPIES OF RELEVANT PAGES (PAGE NOS.
187 TO 188 AND 198) OF THE G.O.(P) NO. 27/2021 FINANCE DATED 10.02.2021 ISSUED BY FINANCE DEPARTMENT, GOVERNMENT OF KERALA. Annexure A6 TRUE COPIES OF 1ST, 37TH, 44 TO 46 PAGES OF G.O(P) NO. 600/93/FIN. DATED 25.09.1993 ISSUED BY FINANCE DEPARTMENT, GOVERNMENT OF KERALA.
Annexure A7 TRUE COPIES OF PAGES 1 TO 5, 73 TO 74, 83 AND 85 TO 86 OF G.O.(P) NO. 3000/98 DATED 25.11.1998 ISSUED BY THE FINANCE DEPARTMENT, GOVERNMENT OF KERALA. Annexure A8 THE TRUE COPIES OF THE PAGES 1, 131, 145 G.O.(P) NO. 145/2006/FIN. DATED 25.03.2006 ISSUED BY THE FINANCE DEPARTMENT (PRCC), GOVERNMENT OF KERALA Annexure A9 THE TRUE COPIES OF PAGES 237 TO 243 AND 263 OP(KAT) Nos. 170 & 171 of 2022 10 TO 264 OF THE REPORTS OF 8TH PAY REVISION COMMITTEE (PRC) AND PAGES 165 TO 171 AND 199 TO 204 OF THE 9TH PRC SUBMITTED TO GOVERNMENT OF KERALA Annexure A10 THE TRUE COPIES OF THE PAGES 165 TO 171 AND 199 TO 204 OF THE 9TH PRC SUBMITTED TO THE GOVERNMENT OF KERALA Annexure A11 TRUE COPIES OF EXTRA ORDINARY GAZETTE NOTIFICATION FOR CATEGORY NO. 359/2017 (AYURVEDA MEDICAL OFFICER) DATED 12.10.2017 ISSUED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION.
Annexure A12 TRUE COPIES OF EXTRA ORDINARY GAZETTE NOTIFICATION FOR 305/2019 DATED 11.12.2019 (ASSISTANT SURGEON) ISSUED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION Annexure A13 TRUE COPIES OF FRONT, 26,67 TO 68 PAGES OF THE 115TH REPORT OF DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE OF RAJYA SABHA ON HEALTH AND FAMILY WELFARE Annexure A14 TRUE COPIES OF FRONT, 4 TO 6 PAGES OF THE KERALA AYUSH HEALTH POLICY DOCUMENT 2016 PUBLISHED BY THE DEPARTMENT OF AYUSH, GOVERNMENT OF KERALA Annexure A15 TRUE COPIES OF FRONT, 80, 90 TO 94 PAGES OF THE PROGRESS REPORT OF PINARAI VIJAYAN GOVERNMENT PUBLISHED BY THE INFORMATION AND PUBLIC RELATIONS DEPARTMENT, GOVERNMENT OF KERALA.
Annexure A16 TRUE COPY OF G.O.(RT.) NO. 180/2020/AYUSH DATED 15.05.2020 AND ISSUED BY SECRETARY, AYUSH DEPARTMENT, GOVERNMENT OF KERALA. Annexure A17 TRUE COPY OF G.O.(RT.) NO. 4269/2017/FIN.
DATED 20.05.2017 ISSUED BY JOINT SECRETARY, PAY ANOMALY RECTIFICATION CELL, FINANCE, GOVERNMENT OF KERALA Annexure A18 TRUE COPY OF LETTER NO.SS1/67/ 2020/GAD DATED 07.04.2020 ISSUED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SS) DEPARTMENT TO GENERAL OP(KAT) Nos. 170 & 171 of 2022 11 SECRETARY, KERALA GOVERNMENT HOMOEO MEDICAL OFFICERS ASSOCIATION, NEDUMANGAD. Annexure A19 TRUE COPY OF PRESS RELEASE DATED 27.09.2017 OF PRESS INFORMATION BUREAU,GOVERNMENT OF INDIA Annexure A20 TRUE COPY OF THE ORDER DATED 18.06.2020 ISSUED BY THE UNDER SECRETARY (FINANCE), DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA.
Annexure A21 TRUE COPY OF JUDGMENT DATED 03.08.2021 IN CIVIL APPEAL NO. 4578 OF 2021 OF HON'BLE SUPREME COURT Exhibit P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION ALONG WITH ANNEXURES Exhibit P2 TRUE COPY OF INTERIM ORDER DATED 25.05.2022 IN O.A.(EKM) NO. 369/2022