Kerala High Court
Dr.Manu Paul vs State Of Kerala , Represented By ... on 22 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 10645 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
WP(C) NO. 10645 OF 2024
PETITIONER:
DR.MANU PAUL
AGED 36 YEARS
ASSISTANT PROFESSOR, IN SURGICAL
SERVICES(ORTHOPAEDICS),REGIONAL CANCER CENTRE, MEDICAL
COLLEGE.P.O, THIRUVANANTHAPURAM, PIN - 695011
BY ADVS.
S.BALACHANDRAN (KULASEKHARAM)
V.R.GOPU
RESPONDENTS:
1 STATE OF KERALA , REPRESENTED BY PRINCIPAL SECRETARY
SECRETARIAT, DEPARTMENT OF HEALTH AND FAMILY WELFARE,
STATUE, THIRUVANANTHAPURAM, PIN - 695001
2 REGIONAL CANCER CENTRE,REPRESENTED BY ITS DIRECTOR
MEDICAL COLLEGE P.O , THIRUVANANTHAPURAM, PIN - 695011
BY ADVS.
ANJALY T.A
T.A.SHAJI (SR.)(S-334)
SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 22nd day of January, 2025
The petitioner is a brilliant doctor, as evidenced by
the degrees he has obtained in Medicine and surgery.
The petitioner has obtained MBBS degree from the
Government Medical College, Kottayam and MS in
Orthopedics from the Government Medical College,
Kozhikode and MCH in Surgical Oncology from the
Regional Cancer Centre (RCC), Thiruvananthapuram.
2. The RCC, Thiruvananthapuram is the only
hospital in the Government sector where dedicated
orthopedic oncology services (surgery for bone tumor)
are available. The petitioner completed his MCH in
August 2020, and thereafter, the petitioner had
undergone compulsory service in the said institution for
a period of one year as per the bond. The petitioner had
worked as a senior resident in RCC,
Thiruvananthapuram, from 14.11.2020 to 13.11.2021.
While the petitioner was working as a senior resident, a
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notification dated 20.07.2021 inviting applications to
the post of Assistant Professor, Surgical Services
Orthopedics) along with others was issued. The 6 other
vacant posts in other departments were also notified.
The petitioner was the applicant for the post of Assistant
Professor, Surgical Services Orthopedics) in RCC. The
petitioner was selected, and he was the 1 st rank holder
in the rank list published on 08.2.2022 for the post of
Assistant Professor, Surgical Services Orthopedics).
3. According to the petitioner, all other five
doctors who also got selected along with the petitioner
and they were working on contract basis in the RCC,
Thiruvananthapuram, were given employment on
regular basis pursuant to the selection made, for which
the rank list was published on 08.02.2022. However, the
petitioner was not given the appointment.
4. It appears that the petitioner and six others
have filed W.P.C.NO.6122/2022, before this Court
challenging the bond for rendering the compulsory
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service. However, the said writ petition got dismissed by
this Court. The petitioner has been given appointment
finally w.e.f 10.08.2022. The petitioner has approached
this Court in this present writ petition directing the
respondents to pay him salary for the period from
01.03.2022 till he got appointment for the post of
Assistant Professor, Surgical Services (Orthopedics) i.e,
on 10.08.2022.
5. The learned counsel for the petitioner submits
that the petitioner was illegally denied the appointment
who was along with five other candidates, with effect
from 01.03.2022.
6. The learned counsel for the respondent,
however, submits that till 10.08.2022, the petitioner has
continued on contractual basis as per his own request
dated 02.11.2021 (Ext.R2(a)). Once his contractual
engagement got over, the petitioner has been given
appointment (10.08.2022) for the post of Assistant
Professor, Surgical Services Orthopedics).
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7. The petitioner has represented the
Government, and the Government vide order dated
26.08.2023 has regularized the services of the petitioner
as Assistant Professor, Surgical Services (Orthopedics)
in RCC, Thiruvananthapuram w.e.f 01.03.2022.
However, the petitioner's claim for the salary on the post
of Assistant Professor, Surgical Services (Orthopedics)
from 01.03.2022 till 10.08.2022 has been denied. It is
further submitted that the petitioner's seniority shall be
counted w.e.f 01.03.2022 inasmuch as he was selected
and he was the 1st rank holder in the rank list dated
08.02.2022 for the post of Assistant Professor, Surgical
Services (Orthopedics).
8. The learned counsel for the petitioner submits
that the petitioner was wrongfully denied the
appointment w.e.f 01.03.2022 despite the petitioner
being the 1st rank holder for the post and therefore, the
petitioner cannot be held responsible for not performing
the duties as a regular Assistant Professor. He was
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prevented by the Director by not offering him
appointment w.e.f. 01.03.2022 despite being selected
and holding the 1st rank in the rank list.
8. I have considered the submissions. It is not in
dispute that the petitioner was performing duties of
Assistant Professor, Surgical Oncology in RCC,
Thiruvananthapuram, even during this period, i.e, from
01.03.2022 till 10.08.2022 on contractual basis as he
was not given regular appointment after his selection
along with five others. When others were appointed in
pursuance to the selection made as per the rank list
published on 08.02.2022, not appointing the petitioner
on the post of Assistant Professor, Surgical Services
(Orthoedics) despite he is holding the 1st rank in the
rank list dated 08.02.2022 was wholly unjust, improper,
arbitrary and mala-fide.
In view thereof, I am of the view that the petitioner
is entitled to the salary for the said period as well.
Therefore, the difference of salary (difference between
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the contractual payment and regular salary of the post)
for the said period i.e, from 01.03.2022 to 10.08.2022 is
to be paid to the petitioner. In view thereof, the
respondents are directed to make the payment of
difference of salary for the said period within a period
of two months from today
With the aforesaid directions, the present writ
petition stands allowed.
Sd/-
D. K. SINGH
JUDGE
AP
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APPENDIX OF WP(C) 10645/2024
PETITIONER EXHIBITS
Exhibit P1 ORDER NO. RCC/DO/OR 23/2021 DATED 03/12/2021
PERMITTING THE PETITIONER, WHO COMPLETED ONE YEAR
BONDED SERVICE ON 13/11/2021, TO CONTINUE SERVICE
IN THE ASSISTANT PROFESSOR SURGICAL SERVICES
(ORTHOPEDICS) POST ON CONTRACT BASIS WITH EFFECT
FROM 14/11/2021 TILL A REGULAR HAND JOIN DUTY ON
A REGULAR BASIS
Exhibit P2 COPY OF ORDER NO. RCC/1119/2021-ADMN 1 DATED
28/3/2022
Exhibit P3 COPY OF THE REQUEST SUBMITTED BY THE PETITIONER
TO THE DIRECTOR OF THE 2ND RESPONDENT DATED
25/04/2022
Exhibit P4 COPY OF THE REQUEST SUBMITTED BY THE PETITIONER
TO THE DIRECTOR OF THE 2ND RESPONDENT DATED
27/06/2022
Exhibit P5 COPY OF THE APPOINTMENT ORDER DATED 10/8/2022
Exhibit P6 COPY ORDER NO. RCC/113/2022-ADMN1 DATED
29/08/2022 ALLOWING THE PETITIONER TO JOIN THE
SERVICE WITH DATE OF JOINING AS 25/8/2022
Exhibit P7 COPY OF ORDER NO. GO (RT) NO. 2199/ 2023/H&FWD
DATED 26/08/2023
Exhibit P8 Notification no3012/Admn 1/2015/RCC dated
26/8/2015
Exhibit P9 copy of Order No. RCC./29/2019/ADMN-1 dated
20/07/2021
Exhibit P10 letter No .HEALTH-FW2/189/2022-HEALTH dated
07/06/2023
RESPONDENT EXHIBITS
Exhibit R2 (a) True copy of the request of the petitioner dated
02-11-2021 to continue his service in Orthopaedic
Oncology on temporary basis
Exhibit R2 (b) The true copy of the letter no.
No.RCC/DIR/G64/2023 issued by the respondent RCC
to the 1st respondent
