GRACEN CHARLES Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred by the petitioner. Original Petition was preferred seeking a writ of mandamus directing the authorities to allow the petitioner to go back to the post of Medical Officer (Ayurveda) in the Department of Indian Systems of Medicine retaining her original seniority in that post. Request of the petitioner was rejected by the Government vide Ext. P3 order dated 16.11.1999. Placing reliance on Note 2 to R.8 of K.S. & S.S.R. it was pointed out a person holding a post in any class or category in a service is not eligible for the benefit of R.8 if his appointment to that post was from a post in another class or category in the same service. It was stated that since petitioner was posted in the same service in the same category but on a different post and as such she cannot go back to her earlier post. Learned Single Judge did not find any infirmity in the impugned orders and dismissed the Original Petition. Aggrieved by the same this appeal has been preferred.

(2.) Counsel appearing for the appellant placing reliance on the Full Bench decision of this Court in Balakrishnan Nair v. Ram Mohan Nair, 1998 (1) KLT 766 contended that since petitioner was not confirmed under R.24 of the K.S. and S.S.R. 1958 it cannot be said that she has lost her lien on the post of Medical Officer (Ayurveda). Learned Government Pleader on the other hand, submitted the petitioner is not entitled to get the benefit of R.8. According to him, the benefit of the said rule shall not be available to a person holding a post in any class or category in a service if her appointment to that post was from a post in another class or category in the same service. It was contended that the prayer of the petitioner for quashing Ext. P3 and also Note 2 to R.8 is without any merit .

(3.) In view of the above mentioned controversy it is necessary to examine the rival contentions to resolve the dispute. Petitioner was appointed as Medical Officer (Ayurveda) on the advice of the Kerala Public Service Commission by order dated 1.6.1990. She joined duty on 16.6.1990 at Government Hospital, Mararikulam. While working as Medical Officer (Ayurveda) she applied for appointment as Medical Officer (Netra) in the Indian Systems of Medicine Department on the basis of a notification issued by Public Service Commission. Public Service Commission later advised her for appointment as Medical Officer (Netra). Accordingly she was appointed as Medical Officer (Netra) as per order dated 1.8.1996 in the Indian Systems of Medicine Department. Petitioner was relieved from the post of Medical Officer (Ayurveda) on 9.9.1996 and she joined duty as Medical Officer (Netra) in the District Ayurveda Hospital, Kannur on 10.6.1996. While so petitioner submitted a representation before the Government requesting to permit her to go back as Medical Officer (Ayurveda) retaining her original seniority. The said request was rejected by the Government. We are of the view Government was right in rejecting her request. In this connection, it is profitable to extract R.8 for easy reference.