DIVYA SADASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in O.A.No.518 of 2025 on the file of Kerala Administrative Tribunal, Thiruvananthapuram, filed this original petition, invoking the supervisory jurisdiction of this Court, under Article 227 of the Constitution of India, challenging the order dtd. 26/8/2025 passed by the Tribunal in that original application.

(2.) Going by the averments in the original application, the petitioner was appointed as Assistant Surgeon in the Health Services Department as per Annexure A1 appointment order dtd. 10/2/2006 of the 2nd respondent Director of Health Services, and she joined duty on 16/2/2016. The petitioner submitted option for placement to the administrative cadreBranch A as prescribed under Rule 5 of Kerala Health Services (Medical Officers) Special Rules, 2010 ('Special Rules' in short), which came into force with effect from 1/1/2007, by virtue of Annexure A2 Government Order dtd. 17/2/2010. The petitioner was accordingly included in the seniority list of the administrative cadre and placed as Junior Administrative Medical Officer as per Annexure A3 order of the 2nd respondent dtd. 12/10/2015. She was undergoing her Post Graduation Diploma in Orthopaedics at the relevant time and therefore, she was allowed to continue her Post Graduation course. She rejoined duty after completing Post Graduation on 8/7/2016. Thereafter, she was promoted as Assistant Director of Health Services as per Annexure A4 order dtd. 11/10/2017.

(3.) In the O.A., the 2nd respondent filed a statement dtd. 28/3/2025 opposing the reliefs sought in the original application. It is contended by the 2nd respondent that the petitioner had studied her PG Course under Health Services Departmental Quota for the year 2014 by availing the deputation benefit as per Annexure R2(a) Government Order dtd. 8/3/2016. As per Annexure R2(b) Order dtd. 14/8/2017, the Government has directed that those who availed deputation benefits shall immediately, after completion of deputation (Service Quota PG) opt the Speciality Cadre, in which they have specialised. On the basis of the Special Rules, the petitioner had submitted option for placement as Junior Consultant in Orthopaedics. As per the seniority list 2017 of Junior Consultant Orthopaedics, the petitioner is the next eligible incumbent to be placed as Junior Consultant under Orthopaedics.