USHA KUMARI P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner filed OA No.2016/2012 before the Kerala Administrative Tribunal along with another person Dr.Sheeja U.B. seeking to set aside Annexures A4 and A5 and to issue directions to the respondents to appoint the applicants as Senior Medical Officers (Ayurveda) in the reserved category of Scheduled Tribes. Annexure A4 is a communication issued by the Government to the petitioner rejecting her representation on the ground that the post of Senior Medical Officer (ST) has been reported to Kerala Public Service Commission (for short 'KPSC') and that they have notified the said vacancy for appointment. Annexure A5 is an order passed by the Government on 15/1/2008, re-categorizing two posts of Senior Medical Officer as Medical Officer exclusively for Scheduled Tribes.

(2.) The factual aspects involved in the case would disclose that the petitioner is the member of a Scheduled Tribe and she was appointed as Medical Officer on 26/10/2004. The highest post in the Subordinate Services was the Medical Officer and lowest category of post in State Service was Senior Medical Officer (Ayurveda). The qualification for appointment as Senior Medical Officer (Ayurveda) was a degree in Ayurveda and the method of appointment was by transfer of Medial Officer of Subordinate Services. The method of appointment of Medical Officer was by direct recruitment and by promotion from feeder categories of Nurses and Pharmacists in the ratio 3:1.

(3.) Three posts of Senior Medical Officers (Ayurveda) were reserved for appointment of ST candidates by special recruitment under Rule 17A of the Kerala State and Subordinate Service Rules (KS & SSR). However, as per Government Order dated 5/4/2005, the Special Rules for State Service were amended and the post of Medical Officers have been upgraded and included in the gazetted category in the State service. As per the said Government Order, promotion from the post of Medical Officers (Ayurveda) was to the post of Senior Medical Officers (Ayurveda). Though 3 posts of Senior Medical Officers (Ayurveda) were reserved for ST community, only one post was filled up and 2 remained vacant. According to the petitioner, she was qualified and eligible, but she was not appointed to the post of Senior Medical Officer from 2005 onwards. However, she received a letter dated 10/5/2012 (Annexure A4) from the Government stating that the said post had been re-categorized as early as on 15/1/2008 (Annexure A5). It is challenging Annexures A4 and A5 that the Original Application came to be filed.