As per the direction of the High Court in the judgment dated 19.07.2001 in WA No.
It was also stipulated that for the remaining 15 of the seats, candidates would be selected by the Educational Agency from a list of eligible candidates prepared by the Controller of Entrance Examination on the basis of the entrance examination companyducted for the purpose.
This companytention found favour with the learned Single Judge who heard the writ petition and the learned Single Judge by his judgment and order dated 3.3.2004 allowed the writ petition with a direction that the said Page 5 of 10 hospital staff who are respondents herein should also be brought under the direct payment system with effect from 1.1.2000.
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 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 Government accepted and approved the said list as per Government Order G.O. MS No.
However, in the said order it was made clear that the order would number be applicable to the staff of the hospital attached to the companylege as the direct payment system has number been introduced in the companylege hospital.
2255/00 in OP No.
Consequent thereupon the management appointed 45 number teaching staff and 21 teaching staff by letter dated 2.1.1999.
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.
the members of the staff in Padiar Medical College would be paid salary and allowance at the approved rate at which they were drawing their pay for the month of December, 1999.
1.1.2000.
The companytention raised by them was that they are similarly situated being a part of the medical companylege and, therefore, they are entitled to be brought within the purview of direct payment system.
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.
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.
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.
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.
The private respondents herein are the hospital staff and they sought a direction from the High Court in the writ petitions filed by them that they should also be brought under the direct payment system with effect from 1.1.2000.
By the said order Page 6 of 10 the Government issued directions for introducing direct payment system in Padiar Medical College with effect from 1.1.2000 subject to the companyditions set out in the agreement and also subject to further companydition that selection of candidates for admission to the institution against 85 of the sanctioned strength in each institution would be made by the Government or by such authority as may be appointed by the Government for the purpose.
By the aforesaid Government order dated 25.4.2002 the Government provided that direct payment system would be introduced in Padiar Medical College with effect from 1.1.2000.
State of Kerala being aggrieved by the aforesaid judgment and order filed an appeal before the Division Bench of the Kerala High Court which was dismissed and companysequently the present appeals are filed in this Court.
Subsequent thereto another order G.O. Rt 517/2001/HFWD came to be issued on 20.3.2001 by the Health Family Welfare Department, Government of Kerala reiterating its earlier order that until fixation of staff strength etc.
The Health and Family Welfare Department, Government of Kerala issued an order G.O. MS No.
100/2000/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 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 Page 3 of 10 aforesaid Government order dated 10.11.1995.
Dr. Mukundakam Sharma, J. Leave granted.
These appeals filed by the State of Kerala are directed against the judgment and order dated 17.6.2005 passed by the Division Bench of the High Court of Kerala at Ernakulam whereby number only order dated 3.3.2004 of the learned Single Judge of the same High Court was upheld and the writ petition was held to have been rightly allowed by the learned Single Judge.
However, the entire staff belonging to the companylege did number become 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.
100/2000/HFWD dated 25.4.2000 pursuant to an agreement entered into between the Government and the President of the Padiar Medical College.
Accordingly as directed by the Government, the Principal and Controlling Officer, Government Homoeo Medical College, Page 4 of 10 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.
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.
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 the Government Homoeopathic Medical College and the hospitals attached therewith.
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.
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.
At that time there were only 31 teaching staff and 20 number teaching staff.
In the said order, the Government has, inter alia, stated that they have examined the matter in detail with regard to the introduction of direct payment system in Padiyar Medical College and that they have advised that direct payment system companyld be introduced in Padiar Memorial Homeo College allowing the management to fill up 15 seat for BHMS as is being enjoyed by NSS Homeo College, Kurichy if they executed an agreement to that effect.
