GOPALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS ,two in number,are Chief Medical Officer(Ayurveda)and Senior Medical Officer(Ayurveda)respectively in the Department of Indian Systems of Medicine.They have approached this Court inter alia praying for the issuance of a writ of mandamus restraining respondents 1 and 2 from promoting respondents 3 to 5,who are Chief Medical Officers,in preference to the petitioners as District Medical Officers in the Department of Indian Systems of Medicine.It is also prayed for declaring the Special Rules for Kerala Health Services.( Indian Systems of Medicine)as ultra vires of the Constitution of India to the extent of prescribing the post of Senior Medical Officer(Specialist)falling under Category 7 as one of the eligible categories for promotion as District Medical Officer in Category 4 of the Special Rules.

(2.) THE service particulars of petitioners and respondents 3 to 5 are as shown in the table below: - Entry in service as Medical Officer Senior Medical Officer Chief Medical Officer District Medical Officer

(3.) THE question whether the post of Chief Medical Officer(Ayurveda)is higher in cadre compared to Senior Medical Officer(Ayurveda)or Senior Medical Officer(Specialist)arises for consideration.The post of Chief Medical Officer is not a promotion post of either Senior Medical Officer(Ayurveda)or Senior Medical Officer(Specialist ).That post is to be filled up by appointment from those categories.Chief Medical Officer(Ayurveda)is not on a higher scale of pay.The scale of pay higher to that of a Senior Medical Officer is the scale of pay of District Medical Officer.In O.P.7007/1987 this Court had to consider this aspect.It was observed therein: - In the case of Medical Officer in Indian Systems of Medicine,the scale of pay in the entry grade is 1050 -2000.On completing 10 years of service,he must get the first higher grade promotion.That grade promotion is to that of Senior Medical Officer in the scale of pay of Rs.1250 -2500.On completing the period of 20 years of service or on completing 10 years of service as Senior Medical Officer whichever happens earlier,the incumbent must get the second higher grade promotion.That higher grade is the one available for District Medical Officers in the scale of pay of Rs.1500 -2685.In other words,the second higher grade promotion of Medical Officer in the Department of Indian Systems of Medicine can never be to the scale of pay of Rs.1250 -2500 plus special pay of Rs.50 ;. The Chief Medical Officer(Ayurveda)gets only a special pay of Rs.50 while in the scale of pay of Rs.1250 -2500,which is that of a Senior Medical Officer.The decision in O.P.7007/1987 was affirmed in W.A.436/1988.From these decisions,it is evident that Senior Medical Officer(Specialist ),Senior Medical Officer(Ayurveda)and Chief Medical Officer(Ayurveda)are on the same scale of pay.As per Exhibit P -1,Chief Medical Officer is entitled to an allowance when the bed strength of the institution to which he is posted is 30 and above.