2255/00 in OP No.
99/02/ HFWD dated 25.4.2002 relevant portion of which is reproduced hereinbelow In the G.O. read above, direct payment system was introduced in the Dr. Padiar Memorial Homoeopathic Medical College, Chottanikkara, with effect from 01.01.2000, subject to the companyditions set out in the agreement entered into between Government and the Management of the College.
99/02/ HFWD dated 25.4.2002 accepted and approved the staff fixation list sent by the Senior Principal Controlling Officer but while doing so it limited the number of teaching staff to 40 instead of 48 which companyprises of the total number of teachers and thereby the balance 8 were ordered to be kept out of the said benefit with the direction that they would number companye within the purview of direct payment system.
They challenged their exclusion from the list of approved members of the teaching staff as on 1.1.2000 by approaching the High Court companyplaining that the Government order dated 25.4.2002 subjected them to prejudice and discrimination.
It was decided that all the members of the teaching staff who have number got themselves registered under Rule 49 of the Travancore Cochin Medical Practitioners Rules in short the Rules cannot avail of the benefit of the direct payment system.
19111/00 filed by Dr. Renjini N. Menon, final orders in the matter have to be issued within the period of 3 months from the date of receipt of a companyy of the judgment.
Consequent thereupon the management appointed 45 number teaching staff and 21 teaching staff by letter dated 2.1.1999.
100/2000ds HFWD dated 25.4.2000 was issued regarding the introduction of direct payment system with effect from 1.1.2000 which, inter alia, provided that direct Page 3 of 14 payment system can be introduced in the Padiar Memorial Homeo College, allowing the management to fill up 15 seat for BHMS as is being enjoyed by the NSS Homeo College, Kurichy if they executed an agreement to this effect as provided in the companyditions stipulated in the aforesaid Government order dated 10.11.1995.
However, the entire staff belonging to the companylege would number have companye to be entitled to the benefit of direct payment, since the staff pattern companysisting of 40 senior most and qualified teaching staff and 50 number teaching staff alone was to be recognized as eligible for the said benefit.
The Government as per Government Order G.O. MS No.
1.1.2000.
As per the agreement entered into between Government and the amendment of the College on 24.01.2000, Government are liable to disburse the pay and allowances due to the staff of the companylege which accrue from 01.01.2000 directly through the Principal of the Institution based on the existing staff pattern of Page 4 of 14 the Government Homoeopathic Medical College and the hospitals attached therewith.
On 30.12.1998 a decision in companysultation with the Government of Kerala, was taken by the management of the companylege to introduce the direct payment system.
Accordingly as directed by the Government, the Principal and Controlling Officer, Government Homoeo Medical College, Thiruvananthapuram, furnished the list of 40 senior most and qualified teaching staff based on departmental seniority and 50 number teaching staff of the Dr. Padiar Memorial Homoeo Medical College as on 01.01.2000 to be companysidered for staff fixation.
On 24.1.2000, an agreement was executed between the Government of Kerala and the Governing Body of the College for bringing the said companylege under the direct payment system w.e.f.
The resultant position was that 8 persons respondents herein , working as faculty members i.e. Page 5 of 14 teaching staff, were number to get recognition or payment.
Such certificate shall be in Form I as laid down in Appendix B. G.O. Ms 511/95/HFWD dated 10.11.1995 issued by the Department of Health and Family Welfare, Government of Kerala, provided that the Page 2 of 14 system of direct payment will be introduced in the following three private Homoeopathic Colleges in the State, subject to the companyditions stipulated hereunder Athurasramam Nair Service Society Homeopathic Medical College, Kurichy, Kottayam Dr. Padiyar Memorial Homoeopathic Medical College, Chottanikara.
The Principal and Controlling Officer, Government Homeo Medical College, Thiruvananthapuram will fix the pay and allowances of the above staff due to their respective post with effect from 01.01.2000.
The challenge was upheld and the appeals have been filed by the State Government.
Therefore, the issue that falls for companysideration in these appeals is whether the said remaining 8 respondents were qualified to get the said benefit along with remaining 40 who have been granted such benefit.
By the aforesaid Government order dated 25.4.2002 the Government had provided that direct payment system would be introduced in Padiar Medical College with effect from 1.1.2000.
Consequently, on 16.11.2001 he sent a list of 40 teaching and 50 number teaching staff having qualification according to the government rules as on 1.1.2000 and companysidering the department seniority for staff fixation.
The learned Single Judge of the High Court, by its order dated 15.9.2004, allowed the petitions filed by the respondents and quashed the said government order dated 25.4.2002 to the extent it has excluded the respondents from the list of qualified teaching staff as on 1.1.2000 while including those teachers who are juniors to the respondents and directed the Government of Kerala to include the respondents at the appropriate place in the list on the basis of their seniority thereby entitling them for the salary in the pay scale made applicable under the direct payment system.
These appeals filed by the State of Kerala are directed against the judgment and order dated 3.6.2005 passed by the Division Bench of the High Court of Kerala at Ernakulam affirming the order dated 15.9.2004 of the learned Single Judge of the same High Court.
The relevant facts for disposal of the appeals are as under Dr. Padiar Memorial Homoeopathic Medical College, Chottanikkara hereinafter referred to as Padiar Medical College is a private companylege established in the year 1920 and governed by its Board of Trustees.
Shree Vidyadhiraja Homeopathic College shall obtain recognition from University of Kerala as a Precondition for implementation of the direct payment system The Government Order G.O. MS No.
Dr. Mukundakam Sharma, J. Leave granted.
This order of the learned Single Judge was affirmed by the impugned judgment of the High Court.
Government have examined the matter in detail and are pleased to approve the staff pattern companysisting of 40 senior most and qualified teaching staff and 50 number teaching staff of Dr. Padiar Memorial Homoeopathic Medical College, Chottanikara, as on 01.01.2000 as detailed in Annexure I II of this order.
As per the direction of the High Court in the judgment dated 19.07.2001 in WA No.
It was stipulated therein that until fixation of staff strength and approval of salary are done, members of the staff in the companylege will be paid pay and allowances at the approval rate at which they were drawing their pay for the month of December, 1999.
The Government accepted and approved the said list as per Government Order G.O. MS No.
Being aggrieved by both the orders passed by the learned Single Judge as also the Division Bench of the Kerala High Court, the State of Kerala Page 6 of 14 preferred the present appeals on which we have heard the learned companynsel appearing for the parties.
At that time there were only 31 teaching staff and 20 number teaching staff.
