Kerala High Court
For Information Purpose Only vs Geetha Jose on 26 March, 2021
IA/1/2021 IN OP(KAT) 334/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Friday,the 26th day of March 2021/5thChaithra, 1943
IA/2/2021 IN OP(KAT)/334/2020
For information purpose only
(AGAINST THE ORDER DATED 17.01.2020 IN O.A.(EKM)NO.1803/2017 OF THE
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH ,ADDITIONAL
BENCH ERNAKULAM)
---
APPLICANT/1ST RESPONDENT IN OP:
GEETHA JOSE,AGED 59 YEARS,W/O.K.J.JAMES,
PROFESSOR AND HEAD OF DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,KOZHIKODE-673 010, RESIDING
AT KARUKAPARAMBIL,KARAPARAMBU P.O.,
KOZHIKODE-673 010.
RESPONDENTS/PETITIONERS & RESPONDENT 2 TO 5 IN OP:
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE (AYUSH) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. PRINCIPAL AND CONTROLLING OFFICER,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM,
MANACAUD P.O., THIRUVANANTHAPURAM-695 009.
3. DR.P.SUNILRAJ,PROFESSOR, DEPARTMENT OF PHARMACY,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
THIRUVANANTHAPURAM-695 011.
4. DR.M.JEMINI,PROFESSOR,
DEPARTMENT OF PRACTICE OF MEDICINE,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
THIRUVANANTHAPURAM-695 011.
5. DR.ABDUL HAMEED,PROFESSOR,
DEPARTMENT OF PRACTICE OF MEDICINE, GOVERNMENT HOMEOPATHIC MEDICAL
COLLEGE, KOZHIKODE-673 008.
6. DR.P.KRISHNAN,PROFESSOR, DEPARTMENT OF PHARMACY,
GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE,
KOZHIKODE-673 008.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the 1st
respondent to consider the case of this respondent also for promotion
to the post of Principal in accordance with the advise seniority, in
the next DPC to be convened in the light of the judgment of the Hon'ble
Supreme Court in 1990 (3) SCC 590 (State of Andra Pradesh v. Dr. N.
Ramachandra Rao and Others), pending disposal of the above Writ
Petition.
This application coming on for orders on 26.03.2021 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of M/S.P.NANDAKUMAR & AMRUTHA SANJEEV,Advocates
for the Applicant and of GOVERNMENT PLEADER for the respondents 1 &
IA/1/2021 IN OP(KAT) 334/2020 2/4
2,and Adv.KISHORE.B for R3 the Court passed the following:
For information purpose only
ALEXANDER THOMAS & K.BABU, JJ.
------------------------------------
IA No.1 of 2021 & IA No.2 of 2021
in
O.P.(KAT) No.334 of 2020
[arising out of the order dated 17.01.2020 in O.A.(EKM) No.1803 of 2017
For information purpose only
of KAT, TVM (Addl.Bench at EKM)]
------------------------------------
Dated this the 26th day of March, 2021
ORDER
IA No.1 of 2021 in O.P.(KAT) No.334 of 2020
Learned Senior Government Pleader seeks short time to
get instructions in the matter.
2. Time granted. The respondents in the I.A. will
immediately furnish instructions to the Senior Government
Pleader and may file their affidavit in response to the said I.A.
without much delay, well before the next posting date.
3. It is submitted by Sri.P.Nandakumar, learned
Advocate appearing for the 1st respondent in O.P./applicant
herein that temporary promotions to the post of Principals have
already been effected and the incumbents are continuing therein
and that hasty steps are now being taken by the governmental
authorities concerned to convene the DPC, for regularizing such
temporary promotion in which case it would be rather difficult to
consider the claims of the original applicant on merits, though
IA No.1 of 2021 & IA No.2 of 2021 in
O.P.(KAT) No.334 of 2020
she has already succeeded before the Tribunal.
4. Accordingly, it is ordered that promotion to the post of
For information purpose only
Principal in the Homeopathic Medical College service pursuant to
any DPC process, shall be kept in abeyance until orders are passed in
this I.A. However, it is made clear that this will not preclude the
competent authority of the State Government or the Department
concerned in effecting provisional or temporary promotions under
Rule 31(a)(i) of the KS & SSR Part II for the post of Principal in
Homeopathic Medical Colleges or to permit temporary appointments
to continue on such temporary/provisional basis.
List I.A. No.2 of 2021 on 31.05.2021.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
SCS
/true copy/ Sd/- ASSISTANT REGISTRAR
