Kerala High Court
Dr.J.Harikrishna Pillai vs State Of Kerala on 27 May, 2022
WP(C) No.16004/2021 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. 16004 OF 2021
PETITIONER:
1. DR.J.HARIKRISHNA PILLAI, AGED 57 YEARS S/O. K. JANARDHANAN PILLAI,
'OCTOBER', NEAR S.N. JUNCTION, TRIPUNITHURA P.O, ERNAKULAM DISTRICT.
2. DR. R. SURESH, AGED 59 YEARS S/O. RAGHAVAN NAIR, INDEEVARAM HOUSE,
HOUSE NO. 45/XX/13, AZHOOR ROAD, PATHANAMTHITTA P.O, PIN-689 645,
(PRESENTLY RESIDING AT SAI KRUPA, ELANJIMEL P.O, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN-689 511), (LECTURER, COMMUNITY MEDICINE,
ATHURASRAMAM, N.S.S. HOMOEO MEDICAL COLLEGE, S. PURAM P.O, KURICHY,
KOTTAYAM-686 532)
RESPONDENT:
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 GOVERNMENT, AYUSH DEPARTMENT, GOVERNMENT
SECREATARIAT, THIRUVANANTHAPURAM-695 001
3. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMEOPATHIC
MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 009
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.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SAJEEV KUMAR K.GOPAL Advocates for the petitioners and of GOVERNMENT
PLEADER for the respondents, the court passed the following:
WP(C) No.16004/2021 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.16004 of 2021
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Dated this the 27th day of May, 2022
ORDER
I have heard Sri. Sajeev Kumar K. Gopal, the learned counsel appearing
for the petitioners and Smt. Surya Binoy, the learned Government Pleader.
2. 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.P1 order. The retirement age
of teaching staff in Ayurveda Medical Education was also enhanced to 60 years
as per Ext.P2 order. Later, the retirement age of Doctors in the Medical
Education Service was enhanced to 62 years as per G.O(P) No.169/17/H&FW
Dept. dated 28.11.2017. 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.P4 judgment wherein the Apex Court had held that
WP(C) No.16004/2021 3/4
W.P.(C) No.16004 of 2021
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 continue in service till the age of 62 years. The
learned counsel contends that the 2nd petitioner is to retire on 31.5.2022 and
seeks urgent orders.
Having considered the submissions advanced by Sri.Sajeev Kumar K.
Gopal, the learned counsel appearing for the petitioners and the law laid down
by the Apex Court in Ext.P4, 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.16004/2021 4/4
APPENDIX OF WP(C) 16004/2021
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT
DATED 14.01.2010 VIDE G.O(MS) NO. 14/2010/H AND FWD.
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O(MS) NO.
108/2012/H & FWD DATED 09.04.2012.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREMECOURT
OF INDIA IN CIVIL APPEAL NO. 4578/2021 DATED
03.08.2021.
