Citation : 2021 Latest Caselaw 16649 Ker
Judgement Date : 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 13340 OF 2021
PETITIONER:
DR.R.SURESH
AGED 58 YEARS, S/O RAGHAVAN NAIR, INDEEVARAM HOUSE,
HOUSE NO.45/XX/13,AZHOOR ROAD,PATHANAMTHITTA.P.O,
PIN-689645(PRESENTLY RESIDING AT SAI KRUPA, ELANJIMEL
P.O,CHENGANNUR,ALAPPUZHA DISTRICT, PIN 689511)
(LECTURER, COMMUNITY MEDICINE,ATHURASRAMAM,N.S.S.HOMOEO
MEDICAL COLLEGE,S.PURAM.P.O, KURICHY,KOTTAYAM-686532).
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY (AYUSH),HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE CONTROLLING OFFICER(PRINCIPAL),
GOVERNMENT HOMOEO MEDICAL COLLEGE, IRANIMUTTOM,
MANACAUD, THIRUVANANTHAPURAM-695101.
3 KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE.P.O,
THRISSUR-680596.
4 THE CHAIRMAN,
ATHURASRAMAM N.S.S.HOMOEO MEDICAL COLLEGE,
ADMINISTRATIVE OFFICE,N.S.S.HEAD OFFICE,PERUNNAI.P.O,
CHANGANACHERY,KOTTAYAM-686532.
5 THE PRINCIPAL
ATHURASRAMAM N.S.S.HOMOEO MEDICAL COLLEGE,
ADMINISTRATIVE OFFICE,N.S.S. HEAD OFFICE,
PERUNNAI.P.O,CHANGANACHERY,KOTTAYAM-686532.
SRI.P.SREEKUMAR,SC-KERALA UNIVERSITY OF HEALTH SCIENCES
SRI.S.P.ARAVINDAKSHAN PILLAI, FOR R4 AND R5
SMT.PARVATHY KOTTOL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13340 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) issue a writ of mandamus or other appropriate writs, directions or orders directing the 4th respondent to consider Exhibit P-7 representation submitted by the petitioner and to promote the petitioner to the post of Reader in Department of Community Medicine forthwith or within a time to be fixed by this Hon'ble Court.
(ii) declare that the Petitioner is entitled to be promoted as Reader the Department of Community Medicine with effect from 16-05-2017 onwards, the date of which the vacancy had occurred in the department."
2. Heard the learned counsel for the petitioner, the learned
Government Pleader, the learned standing counsel for the University as
well as the learned counsel appearing for respondents 4 and 5.
3. It is submitted by the learned counsel appearing for the 4 th
respondent that Ext.P7 representation is pending before the 4 th
respondent and the same will be considered without any delay.
4. In the above view of the matter, there will be a direction to the 4 th
respondent to take up, consider and pass orders on Ext.P7
representation preferred by the petitioner, with notice to the petitioner WP(C) NO. 13340 OF 2021
and after hearing him, through any appropriate means, including video
conferencing, within a period of six weeks from the date of receipt of a
copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 13340 OF 2021
APPENDIX OF WP(C) 13340/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 24.06.1994 ISSUED BY THE SECRETARY AND CORRESPONDENT OF ATHURASRAMAM NSS HOMOEO MEDICAL DEGREE COLLEGE.
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O(RT)NO.2019/2006/H & FWD DATED 10.07.2006.
Exhibit P3 TRUE COPY OF THE OFFICE ORDER DATED 14.06.2016 ISSUED BY THE PRINCIPAL OF ATHURASRAMAM NSS HOMOEO MEDICAL COLLEGE.
Exhibit P4 TRUE COPY OF THE ORDER NO.NO.E5698/2014 DATED 13-10-2014.
Exhibit P5 TRUE COPY OF THE ORDER OF PROMOTION OF DR.V.VINOD KUMAR ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE ORDER VIDE NO.6651/AC1/GEN/A3/KUHS/2013 DATED 18.09.2018 OF THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 17.04.2021 BEFORE THE 4TH RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
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