Kerala High Court
Sree Vidhyadhiraja Homoeopathic ... vs State Of Kerala on 11 January, 2022
WP(C) No.30011/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 11th day of January 2022 / 21st Pousha, 1943
IA.NO.1/2022 IN WP(C) NO. 30011 OF 2021 (B)
APPLICANT/3RD RESPONDENT:
DR.SHYLAJA K.NAIR, W/O.DR.D.RAJASEKHARAN, SREE VINAYAKOM, TC
54/165-2, PRA 118A, PAPPANAMCODE, THIRUVANANTHAPURAM- 695 018.
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2:
1. SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM,
THIRUVANANTHAPURAM - 695 020, REP. BY ITS MANAGER, DR.R.AJAYKUMAR.
2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AYUSH
DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. PRINCIPAL & CONTROLLING OFFICER, GOVT. HOMOEOPATHIC MEDICAL COLLEGE,
IRANIMUTTOM, THIRUVANANTHAPURAM - 695 0090..
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the interim
order dated 22.12.2021, passed in the above Writ Petition, to the extent
that the operation of Ext.P7 order, directing the 2nd respondent to
initiate necessary steps to recoup the amount incurred to disburse the
eligible benefits for the period the 3rd respondent was kept away from
service, directly from the petitioner, shall remain stayed, till further
orders.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's order dated
22.12.2021 and upon hearing the arguments of SRI.PIRAPPANCODE V.S.SUDHIR,
Advocate for the petitioner in IA/R3 in WP(C), M/S.N.NANDAKUMARA MENON
(SR.), P.K.MANOJ KUMAR & P.M.SANEER, Advocates for R1 in IA/Petitioner in
WP(C) and of GOVERNMENT PLEADER for R2 in IA/R1 in WP(C), the court passed
the following:
WP(C) No.30011/2021 2/4
RAJA VIJAYARAGHAVAN V, J.
---------------------------------
I.A. No. 1 of 2022
in
W.P.(C) No. 30011 of 2021
----------------------------------
Dated this the 11th day of January, 2022
ORDER
I have heard Sri. P.M. Saneer, the learned counsel appearing for the
petitioner and Sri. Pirappancode V. S. Sudhir, the learned counsel appearing for
the party respondent.
2. Sri. V. S. Sudhir, the learned counsel submits that the interim relief
sought for by the petitioner at the time of filing the writ petition is to stay the
operation and implementation of Exhibit P7 order, insofar as the said order
directs the 2nd respondent to recoup from the College Management, the amount
incurred by the Government to disburse the eligible benefits due to the 3rd
respondent. It is contended by the learned counsel that this Court had stayed
the operation of Exhibit P7 in its entirety as a result of which, the benefit
obtained by the petitioner on the strength of Ext.P4 judgment of this Court is
denied.
3. Having considered the submissions, I find considerable force in the
contentions advanced. All that the petitioner has sought for by way of an interim
WP(C) No.30011/2021 3/4
I.A. No. 1 of 2022 in
order is for staying that part of Ext.P7 order, by which the 2nd respondent was
ordered to recoup the amount incurred by the Government from the College
Management. However, while passing the interim order, this Court had
proceeded to stay Ext.P7 in its entirety. In that view of the matter, in partial
modification of the interim order dated 22.12.2021, there will be a stay of
operation and implementation of Exhibit P7, insofar as the said order directs the
2nd respondent to recoup from the College Management, the amounts incurred
by the Government. The question whether such an action is justified or not can
be considered on merits at the time of final hearing.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
avs
11-01-2022 /True Copy/ Assistant Registrar
WP(C) No.30011/2021 4/4
APPENDIX OF WP(C) 30011/2021
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 08/12/2020 IN WPC
NO.25027/2020 OF THIS HONORABLE COURT.
Exhibit P7 A TRUE COPY OF ORDER GO(RT) NO.472/2021/AYUSH
26/11/2021 ISSUED BY THE 1ST RESPONDENT WITH TYPED
COPY.
