WP(C) No.15915/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
WP(C) NO. 15915 OF 2022 (L)
PETITIONERS:
1. DR. K.V. ASHA, AGED 59 YEARS, W/O. BALAN, RESIDING AT VIII/366,
KARUNAMADHAVAM, AMBALAVATTOM, EDARIKODE 676 501, PROFESSOR,
VAIDYARATHAM P.S. VARIER AYURVEDA COLLEGE, KOTTAKKAL 676 501.
2. DR. GEORGE M.J., AGED 59 YEARS, S/O. JOSEPH M.G. RESIDING AT
MADATHARIYIL, EDARIKODE P.O, MALAPPURAM DISTRICT 676 501, PROFESSOR,
VAIDYARATNAM P.S. VARIER AYURVEDA COLLEGE, KOTTAKKAL 676 501.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, AYUSH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
3. THE DIRECTOR, AYURVEDA MEDICAL EDUCATION, DIRECTORATE OF AYURVEDA
MEDICAL EDUCATION, AROGYA BHAVAN M.G. ROAD, THIRUVANANTHAPURAM 695
001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to permit the petitioners to continue in service till the age of
62 years as in the case of the doctors in the Medical Education Service,
pending disposal of the above Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
18.5.2022 and upon hearing the arguments of SRI.SAJEEV KUMAR K.GOPAL,
Advocate for the petitioners and of ADV.SURYA BINOY, GOVERNMENT PLEADER
for Respondents, the court passed the following:
(p.t.o)
WP(C) No.15915/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.15915 of 2022
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Dated this the 27th day of May, 2022
ORDER
When this writ petition had come up on 18.5.2022, this Court had passed the following order:
Sri. Sajeev Kumar K. Gopal, the learned counsel submitted that insofar as the Doctors working in the Medical Education Services are concerned, the retirement age is fixed as 60 years as per Ext.P5 order. The retirement age of teaching staff in Ayurveda Medical Education was also enhanced to 60 years as per Ext.P6 order. Later, the retirement age of doctors in the Medical Education Service was enhanced to 62 years as per Ext.P7 order.
Despite the enhancement granted as above, no corresponding increase was made insofar as teachers in the Ayurvedic Medical Education as well as Homeopathic Medical Colleges are concerned. The learned counsel contends that the petitioners are also entitled to get their retirement age at par with the Doctors of the Medical Education Service. The learned counsel also relies on Ext.P8 judgment wherein the Apex Court had held that Ayush Doctors shall not be discriminated as against Allopathy doctors and they are also entitled to equal treatment in the matter of fixation of retirement age. The learned counsel submits that teaching staff of Government Homeopathic Medical Colleges have been allowed to continue by an order passed by the Kerala Administrative Tribunal and there is no reason why the petitioners cannot be granted similar relief and to continue in service till the age of 62 years. The learned counsel contends that one WP(C) No.15915/2022 3/4 W.P.(C) No.15915 of 2022 2 of the petitioners is to retire on 31.5.2022 and seeks urgent orders.
2. Heard Sri. Sajeev Kumar K. Gopal, the learned counsel who submits that the 1st petitioner is due to retire on 31.5.2022 and prays that directions be issued, as an interim measure, to permit the 2nd petitioner to continue in service. The learned Government pleader seeks an adjournment to file a counter affidavit.
Having considered the submissions advanced, as an interim measure, there will be a direction to the respondents to permit the 2nd petitioner to continue in service for a period of one month notwithstanding the fact that he is slated to retire on 31.5.2022.
Post after three weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
27-05-2022 /True Copy/ Assistant Registrar
WP(C) No.15915/2022 4/4
APPENDIX OF WP(C) 15915/2022
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY TO THE
GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT DATED 14.01.2010 VIDE G.O.(MS) NO. 14/2010/H & FWD.
Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O.(MS) NO.
108/2012 /H & FWD DATED 09.04.2012.
Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER DATED 28.11.2017 VIDE NO. G.O.(P) NO. 169/17/HEALTH AND FAMILY WELFARE DEPARTMENT DATED 28.11.2017.
Exhibit P8 TRUE COPY OF THE JUDGEMENT OF THE HONBLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO. 4578/2021 DATED 03.08.2021.