M USMAN SAHIB Vs. MANAGER, VAIDYARATNAM AYURVEDA COLLEGE

JUDGEMENT

(1.) The petitioner, who has been working as an Associate Professor in Panchakarma Department has filed this writ petition aggrieved by Ext.P11 order by which he was transferred and posted in the Department Kayachikitsa, simultaneously posting the 5th respondent in Panchakarma Department.

(2.) Petitioner commenced his service as a Tutor in the Vaidyaratnam Ayurveda College, Ollur in the year 1993 as per Ext.P1 order of appointment. Petitioner who was a Graduate had undergone Post Graduation while in service and he got MD in Manovigyan in 2004. Thereafter he got promotion as Lecturer in Kayachikitsa as per Ext.P2 order on 101.2005, under the career advancement promotion scheme. While so, as per Ext.P3 order dated 06.09.2010, consequent to the introduction of Departmental system and restructuring, in tune with the norms of Central Council of Homoeopathy, Government approved revised staff pattern based on which one more department - the 14th Department namely Panchakarma Department was formed sanctioning creation of posts with effect from 01.07.2000. Several posts were declared supernumerary while certain additional posts were created. Thereafter, Ext.P4 order was issued on 209.2010, sanctioning five posts in Panchakarma Department with effect from 06.09.2010. It was ordered that the vacancies in the posts in the Panchakarma Department would be filled up by inviting options from the incumbents in Kayachikitsa Department, on the basis of seniority. Simultaneously, the special rules for Ayurveda College teaching staff was followed with retrospective effect from 01.07.2000.

(3.) Petitioner submitted his willingness for appointment in Panchakarma Department. Accordingly, Ext.P8 order was issued on 16.11.2010 accepting his option and posting him as Tutor in Panchakarma Department with effect from 06.09.2010 and also promoting him as Reader with effect from 07.09.2010, subject to the approval of the University of Calicut. As per Ext.P9 order, the University approved the appointment and promotion of the petitioner. The University approved all these appointments as per Ext.P9 order with effect from 06.09.2010 as Tutor and with effect from 06.09.2013 as Reader.