Seetha M N vs The State Of Kerala
2021 Latest Caselaw 948 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                     WP(C).No.673 OF 2021


PETITIONER :-

            SEETHA M N, AGED 53 YEARS
            WIFE OF SATHISH V.B., LIBRARIAN,
            VAIDYARATNAM AYURVEDA COLLEGE, OLLUR,
            THAIKKATTUSSERY, THRISSUR DISTRICT - 680 322

            BY ADVS.
            SRI.V.A.MUHAMMED
            SMT.P.A.JENZIA

RESPONDENTS :-

      1     THE STATE OF KERALA
            REP.BY ITS SECRETARY TO GOVERNMENT,
            HEALTH AND FAMILY WELFARE (AYUSH) DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001

      2     THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION,
            THIRUVANANTHAPURAM - 695 001

      3     THE PRINCIPAL
            VAIDYARATNAM AYURVEDA COLLEGE, OLLUR,
            THAIKKATTUSSERY, THRISSUR DISTRICT - 680 322

            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.673 OF 2021

                                    -: 2 :-


                                 JUDGMENT

Dated this the 11th day of January 2021

This writ petition is filed seeking the following prayers :-

"(i) call for the records relating to Exhibit P-9 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant UGC Pay Scale to the Petitioner with appropriate retrospectivity and forthwith."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that seeking the benefits of UGC scale for the petitioner's

appointment as Librarian, the 3rd respondent had approached the

Government by Ext.P8 representation. By Ext.P9, the request has

been turned down.

4. I notice that Ext.P9 is only in the nature of a letter

addressed by the Deputy Secretary for the Secretary of the Ayush

Department to the Director of Ayurveda Medical Education. I am of

the opinion that since Ext.P8 is in the nature of a representation

preferred before the Government, the same should be considered and

an executive order in terms of Article 166(2) of the Constitution of

India is liable to be rendered.

WP(C).No.673 OF 2021

In the above view of the matter, Ext.P9 is set aside. There

will be a direction to the 1 st respondent to take up and consider

Ext.P8 representation preferred by the 3rd respondent, with notice to

the 3rd respondent as well as the petitioner and to pass appropriate

speaking orders thereon, in accordance with law. Orders shall be

passed within a period of three months from the date of receipt of a

copy of this judgment, after hearing the parties through any

appropriate means including video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/11.1.2021 WP(C).No.673 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POST GRADUATION CERTIFICATE OF THE PETITIONER DATED 4.10.2012

EXHIBIT P2 TRUE COPY OF THE NET CERTIFICATE OF THE PETITIONER DATED 4.2.2016

EXHIBIT P3 TRUE COPY OF THE G.O.(P) NO.573/2012/FIN. DATED 16TH OCTOBER 2012 OF THE GOVERNMENT

EXHIBIT P4 TRUE COPY OF THE G.O.(MS) NO.60/2016/H.FIN. DATED 29.2.2016 OF THE GOVERNMENT

EXHIBIT P5 TRUE COPY OF THE LETTER NO.A1/1084/2016/VAC DATED 23.9.2016 OF THE MANAGER

EXHIBIT P6 TRUE COPY OF THE LETTER NO.A3/11/2018/AYUSH DATED 21.11.2018 OF THE GOVERNMENT

EXHIBIT P7 TRUE COPY OF THE LETTER NO.A1/1084/2018/VAC DATED 26/12/2018 OF THE PRINCIPAL

EXHIBIT P8 TRUE COPY OF THE COVERING LETTER NO.A1/1084/2016/VAC DATED 26.11.2019 OF THE PRINCIPAL OF THE COLLEGE

EXHIBIT P8(a) TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 18.11.2019

EXHIBIT P9 TRUE COPY OF THE LETTER NO.A3/11/2018/AYUSH DATED 26.6.2020 OF THE GOVERNMENT

//TRUE COPY//

P.A. TO JUDGE