C.S.Padmakumar vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 08, 2024

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Citation: sooperkanoon.com/1297920
Court: Kerala High Court
Judge: Honourable Mr. Justice Easwaran S.
Decided On: Apr 08, 2024
Case Number: WP(C)/23495/2018

Parties & Advocates

Appellant / Petitioner

C.S.Padmakumar

Respondent

State of Kerala

Excerpt

.....re-designate the post of the petitioner as administrative officer (clinical services). so with effect from 01.12.2009 the petitioner claims that he has been holding the post of administrative officer (clinical services). while so the government by order dated 02.04.2013 revised the pay and allowances of the employees of the malabar cancer centre. thereafter the petitioner alleges that by ext.p12 order the malabar cancer centre referred the case of the petitioner to the government for re-designation of the post. by ext.p13 minutes of 66th executive committee held on 01.08.2016, wp(c) no. 23495 of 2018 -4- decision was taken to forward the proposal of re- designation. ext.p14 is the no objection certificate by the malabar cancer centre. by ext.p15 order dated 24.11.2016 the government has approved the re- designation of the petitioner. it is however seen that by ext.p18 order dated 24.11.2016 the said re-designation had been cancelled. consequent to that in ext.p19 government order dated 7.08.2019 there has been a revision of pay scales. the petitioner has by ext.p20 representation submitted before the government his grievances regarding re-designation, cancellation of re- designation of his post which was approved.2. in the present writ petition, the following reliefs as sought for:“i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the issuance of ext.p19 and quash the same to the extent the post of social investigator/pro, is not included therein, in the revised scale of wp(c) no. 23495 of 2018 -5- pay of rs.15600-39100 (gp 5400).ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant the petitioner the scale of pay of rs.15600- 39100 with again the proportionate grade pay, he is entitled, following his conferment of public relations officer gr.i and public relations officer senior grade from the date of implementation of ext.p19 order,.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 WP(C) NO. 23495 OF 2018 PETITIONER: C.S.PADMAKUMAR AGED 48 YEARS PUBLIC RELATION OFFICER, MALABAR CANCER CENTRE,KODIYERI, THALASSERY, KANNUR DISTRICT-670103,RESIDING AT AKATHALAM, PLAMOODU, POTHENCODE P.O.,THIRUVANANTHAPURAM-695584. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SMT.A.MEGHA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR MALABAR CANCER CENTRE, THALASSERY, MOOZHIKKARA P.O., KANNUR DIST-670103. 3 MALABAR CANCER CENTRE SOCIETY REPRESENTED BY ITS DIRECTOR, MALABAR CANCER CENTRE, THALASSERY, MOOZHIKKARA P.O., KANNUR DIST-670103. BY ADVS. SRI.P.SREEKUMAR C.R.SYAMKUMAR K.ARJUN VENUGOPAL V.A.HARITHA SIDHARTH B PRASAD R.NANDAGOPAL GAYATHRI MURALEEDHARAN
WP(C) NO. 23495 OF 2018 -2- BY ADV: SRI.BIMAL.K.NATH, SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23495 OF 2018 -3-

JUDGMENT

The petitioner entered service as a Public Relation Officer on 01.02.2001 in Malabar Cancer Centre Society.

His probation was declared on 31.01.2002. By order

dated 30.03.2007 scale of pay of the Public Relation Officer was fixed. While continuing the post of Public Relation Officer, the Malabar Cancer Centre decided to re-designate the post of the petitioner as Administrative Officer (Clinical Services). So with effect from 01.12.2009 the petitioner claims that he has been holding the post of Administrative Officer (Clinical Services). While so the Government by order dated 02.04.2013 revised the pay and allowances of the employees of the Malabar Cancer Centre. Thereafter the petitioner alleges that by Ext.P12 order the Malabar Cancer Centre referred the case of the petitioner to the Government for re-designation of the post. By Ext.P13 Minutes of 66th Executive Committee held on 01.08.2016, WP(C) NO. 23495 OF 2018 -4- decision was taken to forward the proposal of re- designation. Ext.P14 is the No Objection Certificate by the Malabar Cancer Centre. By Ext.P15 order dated 24.11.2016 the Government has approved the re- designation of the petitioner. It is however seen that by Ext.P18 order dated 24.11.2016 the said re-designation had been cancelled. Consequent to that in Ext.P19 Government Order dated 7.08.2019 there has been a revision of pay scales. The petitioner has by Ext.P20 representation submitted before the Government his grievances regarding re-designation, cancellation of re- designation of his post which was approved.

2. In the present writ petition, the following reliefs as sought for:

“i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the issuance of Ext.P19 and quash the same to the extent the post of Social Investigator/PRO, is not included therein, in the revised scale of WP(C) NO. 23495 OF 2018 -5- pay of Rs.15600-39100 (GP 5400).

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant the petitioner the scale of pay of Rs.15600- 39100 with again the proportionate Grade Pay, he is entitled, following his conferment of Public Relations Officer Gr.I and Public Relations Officer Senior Grade from the date of implementation of Ext.P19 order, with all consequential benefits.

iii) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P13 minutes and Ext.P18 order and quash them. iv) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to re- designate the petitioner as Administrative Officer (Clinical Services) with effect from 1.12.2009 as if Ext.P13 minutes has not been acted upon and the consequent Ext.P18 order has not been issued.

(v) Declare that Ext.P4 order dated 3.12.2009 re-designating the petitioner as Administrative Officer (Clinical Services) WP(C) NO. 23495 OF 2018 -6- is bound to be restored. And

(vi) grant such other reliefs as this Hon’ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”

3. The fact remains that by Ext.P15 order the

Government has accorded sanction for re-designation of the post which the petitioner was holding. It is however without notice to the petitioner that Ext.P18 order has been passed. Therefore, this Court clear in mind that Ext.P18 cannot be sustained and accordingly Ext.P18 is quashed. It is also the case of the petitioner that pursuant to Ext.P19 revision of pay scale issued by the Government the scale of pay has been fixed at a lower scale than what he was actually entitled to because of Ext.P18 order. In the aforesaid circumstances Ext.P18 is quashed. The first respondent is directed to take up Ext.20 representation and consider the same and pass appropriate orders in accordance with law after WP(C) NO. 23495 OF 2018 -7- affording an opportunity of hearing to the petitioner. The needful in this regard shall be done within a period of four months from the date of receipt of the copy of the judgment. The writ petition is allowed to the aforesaid extent. Sd/- EASWARAN S. JUDGE vv WP(C) NO. 23495 OF 2018 -8- APPENDIX OF WP(C) 23495/2018 PETITIONER EXHIBITS Exhibit P22 True copy of the G.O. (Rt)No.2848/2022/H and FWD dated 01.12.2022

EXHIBIT P2        TRUE COPY OF THE PROCEEDINGS OF THE
                  2ND    RESPONDENT    DATED  4.4.2002
                  DECLARING   THE   PROBATION OF   THE

PETITIONER. EXHIBIT P3 TRUE COPY OF THE G.O(MS) NO.04/07/PD DATED 30.3.2007. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.032/09/MCC DATED 3.12.2009 OF THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE G.O(RT) NO.4683/2010/H & FWD DATED 29.11.2010. EXHIBIT P6 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 17.3.2012 ISSUED BY THE ADMINISTRATIVE OFFICER, MALABAR CANCER CENTRE IN FAVOUR OF THE PETITIONER.

EXHIBIT P7        TRUE    COPY    OF   THE   CERTIFICATE
                  NO.2121/ADMN-1/11/MCC/2697       DATED
                  29.10.2012    ISSUED   BY   THE    2ND

RESPONDENT. EXHIBIT P8 TRUE COPY OF THE G.O(MS) NO.122/2013/G& FWD DATED 2.4.2013. EXHIBIT P9 TRUE COPY OF THE LETTER NO.48127/P2/2013/H & FWD DATED 1.11.2013 OF THE 1ST RESPONDENT. WP(C) NO. 23495 OF 2018 -9- EXHIBIT P10 TRUE COPY OF THE ATTENDANCE CERTIFICATE DATED 8.11.2013 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P11 TRUE COPY OF THE CERTIFICATE NO.007/ADMN-1/01/MCC/1018 DATED 1.4.2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1 TRUE COPY OF THE LETTER NO.MCCS/PER/01 DATED 19.2.2001 OF THE 2ND RESPONDENT. EXHIBIT P13 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE EXECUTIVE COMMITTEE

HELD ON 1.8.2016 WHEREBY AGAINST ITEM

NO.22, THE COMMITTEE DECIDED TO FORWARD THE PROPOSAL OF RE-DESIGNATION OF THE PETITIONER TO ADMINISTRATIVE OFFICER (CLINICAL SERVICES) TO GOVERNMENT FOR DECISION. EXHIBIT P14 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20.10.2016 ISSUED BY THE ADMINISTRATIVE COMMITTEE. EXHIBIT P15 TRUE COPY OF THE G.O (P) NO.38/2016/HEALTH DATED 24.11.2016. EXHIBIT P16 TRUE COPY OF THE LETTER NO.HEALTH- FW1/295/2016-HEALTH DATED 13.3.2017 OF THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE LETTER NO.4939/ADMN- E/RE-DESIGNATION /14/MCC DATED 8.5.2017 OF THE 2ND RESPONDENT. EXHIBIT P18 TRUE COPY OF THE G.O (P) NO.38/2016/HEALTH DATED 24.11.2016. WP(C) NO. 23495 OF 2018 -10- EXHIBIT P19 TRUE COPY OF THE G.O.(MS) NO. EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 01.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P21 TRUE COPY OF THE G.O.(RT) NO.869/2012/H & FWD DATED 16.03.2012 EXHIBIT P21 A TRUE COPY OF THE RELEVANT EXTRACT OF

ANNEXURE 1 APPENDED ALONG WITH EXHIBIT P21 ORDER CONTAININGTHE STATEMENT SHOWING THE MODIFIED FCP/LC STAGESSANCTION TO THE STAFF OF REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM EXHIBIT P12 TRUE COPY OF THE LETTER NO.4939/ADMN- E/RE-DESIGNATION/14/MCC DATED 28.9.2016 OF THE 2ND RESPONDENT.

Same Court & Year Kerala · 2024 Same Parties C.S.Padmakumar vs State of Kerala Same Judge Honourable Mr. Justice Easwaran S.