STATE OF KERALA Vs. A.MANOJ

JUDGEMENT

(1.) The State Government and its officers have preferred this Original Petition challenging order dated 19/2/2020 in OA No.2160/2018.

(2.) The respondent herein is the applicant before the Tribunal. He was appointed as Lecturer in Anatomy (Non Medical) as per the advice of Kerala Public Service Commission (for short KPSC) in terms of order dated 20/11/2004. While so, he sought for deputation for undertaking Ph.D course. The said request was rejected by the Government as per order dated 1/02/2008. The Government opined that the applicant should take leave without allowance for the course period. However, the applicant obtained an interim order dated 7/2/2008 in IA No. 1811/2008 in WP(C) No.3229/2007 by which he was permitted to join the Ph.D Course provisionally. It was further observed that the question of eligibility for leave and deputation can be considered later. After the course, he rejoined duty as per the order issued by the Director of Medical Education on 24/2/2011. WP(C) No. 3229/2007 was transferred to the Kerala Administrative Tribunal. The Tribunal by its order dated 7/1/2014 directed the Director of Medical Education to regularize the service of the applicants therein, if they were eligible untrammelled by the pendency of WP(C) No. 17590/2004. The applicant had filed another writ petition as WP(C) No. 22297/2011 seeking for a direction to treat the period the applicant had undertaken for completing the Ph.D Course for the purpose of Career Advancement Promotion (CAP). The Tribunal by order dated 7/1/2014 in TA No.228/2013 [WP(C) No. 22297/2011] directed the representation to be considered by the Government after obtaining comments from the Director of Medical Education. Ext.P4 representation which was referred to in the judgment in TA No.228/2013 has been produced as Annexure A8. The relevant portion reads as under:-

(3.) The request in Ext.P4 was to include him for career advancement promotion as Assistant Professor of Anatomy w.e.f. 10/1/2011. It seems that yet another representation was submitted by the applicant as Annexure A9 dated 4/6/2014 wherein, in addition to claiming career advancement promotion, he sought for sanctioning deputation benefits for the period of his study. The matter was considered by the Government and as per Annexure A10, the Government disposed of Ext.P4 representation as directed by the Tribunal. Paragraphs 8 and 9 are relevant which reads as under;