Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1953 : Travancore..:cochin Medical Practitioners Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Travancore-cochin Medical Practitioners Act, 1953 :ss. 23 and 27 - Travancore-Cochin Medical Practitioners Rules - r. 49 - Central Council of Homoeopath (Minimum Standards of Education) Regulations, 1983 -Introduction of direct payment system in Medical College by Government Order - 40 senior most and qualified teaching staff and 50 non-teaching staff brought under the direct payment system excluding eight members of teaching staff - Challenge to - Held: Said members are holder of recognized qualification and have the registration thus, should not be discriminated - They should get similar benefits as are given to other persons - Thus, direction issued in that regard - Said members to be accommodated in terms of seniority - Government Order G 0. (MS) No. 10012000 ds) H & FWD dated 25.4.2000 and GO. (MS) No. 991021 H & FWD dated 25. 4. 2002. In terms with the Government Order dated 25.4.2000 direct payment system was introduced in the Homoeopathic Medical College. A list of 40 seniormost and qualified teaching staff and 50 non-teaching staff was furnish~d for staff fixation. By another Government Order, the said list was approved. The said staff was to be recognized as eligible for the said benefit. However, respondents-members of the teaching staff were excluded from the approved list. Respondents challenged their exclusion. Single Judge of High Court quashed the Government Order to the extent it excluded the respondents from the list of qualified teaching staff. It directed to include the respondents in list on the basis of seniority thereby entitling them to salary under the 'direct payment system'. Division Bench of High Court upheld the order. Hence the present appeals. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 239 |
Petitioner | State Of Kerala & Anr. |
Respondent | Mahesh Kumar & Ors. |
SCR | [2009] 2 S.C.R. 946 |
Judgement Date | 2009-02-23 |
Case Number | 1147-1151 |
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