J HARIKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed seeking directions to the respondents to approve the appointments of the petitioners as teaching staff in the Dr.Padiyar Memorial Homoeopathic Medical College, Chottanikkara. It is submitted that the petitioners had been appointed by the Management of the College before the introduction of the direct payment system. It is stated that after the introduction of the direct payment system, the Government had permitted the creation of twenty posts including Professor, Reader and Lecturer in the College by Government Order dated 26.2.2011. The number of posts sanctioned were later modified and revised as forty three by Government Order dated 14.8.2012. It is stated that the petitioners had been promoted to the posts available as per the staff pattern in accordance with their eligibility with effect from 26.2.2011. The Kerala University of Health Sciences had approved the said appointments given to the petitioners with effect from the date of the Government Order sanctioning the post, i.e, 26.2.2011. However, the salary due to the petitioners was not duly disbursed which prompted them to approach this Court. The orders by which employees of the Athurashramam NSS Homoeo College were granted benefits of retrospective promotion with effect from the date of creation of posts were relied on by the petitioners. It is submitted that this Court had directed the disbursement of salary on the basis of the approval granted to the petitioners' appointments. It is submitted that the petitioners are also clearly entitled to the benefits of payment of salary and all allowances taking note of the approval already granted to their appointments.

(2.) A counter affidavit has been filed on behalf of the 1st respondent contending that the Government Order dated 26.2011 had ordered creation of only twenty posts. Subsequently, by Government Order dated 14.8.2012, the staff strength was revised to 43 at par with Central Council of Homoeopathy (CCH) norms. It was also stated that common seniority as per the date of joining will be reckoned for fixing seniority and eligibility for promotion from Tutor to Lecturer/ Reader/Professor grades. It is stated that the Management submitted the proposal for approving promotion of 40 teaching staff w.e.f. 11.02016 and the University accorded the approval to 35 teaching staff subject to final verdict in W.P. (C) .No.10178/2015 and connected cases, keeping in abeyance the cases of five teachers whose cases were pending. It is stated that pursuant to the judgment in W.P.(C) .No.9792/2016 and W.A.Nos.218/2014 and connected cases, the Government approved promotions of twenty three teachers subject to the approval of KUHAS and confirmation of departmental seniority. Thereafter, the said Government Order was annulled, since it was issued overlooking seniority. It is stated in paragraph</i> 8 of counter affidavit as follows:-

(3.) The contention raised is, therefore, that there were only twenty posts sanctioned on 26.2.2011 and the modification and sanctioning of 43 posts, that is 23 additional posts, will have effect only from 14.8.2012. It is, therefore, contended that the implementation of CCH norms and fixing of the posts as 43 is done only by the issuance of the Government Order dated 14.8.2012 and the said order has no retrospective effect. It is therefore, contented that since the petitioners had been appointed only against the posts which were created by the Government Order dated 14.8.2012 and since they had not worked against the promoted posts, they are not entitled to approval w.e.f. 26.2.2011 and that the University is liable to reconsider the approval already granted. It is further stated that in reply to a query raised by the University, the Government has informed the University that the creation of the additional posts by Government Order dated 14.8.2012 has no retrospective effect and the University was requested to reexamine the matter and to review the date of promotions given in the posts created vide Government Order dated 14.8.2012.