2025:KER:30740 O.P. (KAT) No.112 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR WEDNESDAY, THE 9TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 OP(KAT) NO. 112 OF 2025 AGAINST THE ORDER DATED 04.10.2024 IN OA NO.1305 OF 2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/RESPONDENTS IN OA: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE,SECRETARIAT, THIRUVANANTHAPURAM,KERALA, PIN – 695 001 2 THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695 001 3 THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES,GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM, KERALA, PIN – 695 035 4 THE DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF DMO, ANANDAWALEESWARAM,KOLLAM, KERALA, PIN – 691 013 BY ADV GOVERNMENT PLEADER SUNIKUMAR KURIAKOSE GP RESPONDENTS/APPLICANT IN OA: 2025:KER:30740 O.P. (KAT) No.112 of 2025 2 DR.ANISH JOSE.A, AGED 36 YEARS,S/O.S.ANTONY DAS,ASSISTANT SURGEON,PRIMARY HEALTH CENTRE, KOTTANADU.P.O, PATHANAMTHITTA,RESIDING AT ANJALI,ARCHANA NAGAR,HOUSE NO.1, PALLITHOTTAM.P.O,KOLLAM, KERALA, PIN – 691 006 BY ADVS. G.HARIPRASAD ARUN BABU ANEESHRAJ R. THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30740 O.P. (KAT) No.112 of 2025 3 J U D G M E N T A. Muhamed Mustaque, J. The issue in this matter is covered against the State, the petitioner herein, in the light of the Judgment dated 11.01.2024 in O.P. (KAT) No.500 of 2024. Following the above judgment, this original petition is dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR 2025:KER:30740 O.P. (KAT) No.112 of 2025 4 APPENDIX OF OP(KAT) 112/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER BEARING NO. A1- 10810/16/DMOHK DATED 28.05.2016 OF THE DMO HEALTH, KOLLAM Annexure A2 TRUE COPY OF CERTIFICATE BEARING NO.C2/179893/2020/MCC DATED 07.03.2020 ISSUED BY THE VICE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE Annexure A3 TRUE COPY OF THE REPORT OF TRANSFER OF CHARGE DATED 30.05.2018 OF THE MEDICAL OFFICER, KOTTANADU, PATHANAMTHITTA Annexure A4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT ON 18.05.2018 Annexure A5 TRUE COPY OF THE LETTER BEARING NO. EB6-98517/2017/DHS DATED 09.11.2019 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT Annexure A6 TRUE COPY OF THE ORDER DATED 29.05.2020 ISSUED BY THE 1ST RESPONDENT Annexure A7 TRUE COPY OF GO(RT)NO.2520/2018/H&FWD DATED 08.08.2018 Annexure A8 TRUE COPY OF THE ORDER DATED 04.12.2019 IN OA 2046/2019 OF THE TRIBUNAL Annexure A9 TRUE COPY OF ORDER DATED GO(RT)NO.930/2019/H&FWD DATED 16.04.2019 Annexure A10 TRUE COPY THE GO(RT)NO.1202/2018/H&FWD DATED 11.04.2018 ISSUED BY THE HEALTH AND FAMILY WELFARE DEPARTMENT 2025:KER:30740 O.P. (KAT) No.112 of 2025 5 Annexure A11 TRUE COPY OF THE GO(P)NO.303/70/FIN DATED 12.05.1970 Annexure A12 TRUE COPY OF THE CIRCULAR DATED 27.09.2005 BEARING NUMBER 54/2005/FIN Annexure A13 TRUE COPY OF THE GO(P)NO.106/2017/FIN DATED 14.08.2017 Annexure A14 TRUE COPY OF THE ORDER DATED 27.11.2019 IN OA 2051/2019 OF THE KERALA ADMINISTRATIVE TRIBUNAL Annexure A15 TRUE COPY OF THE ORDER BEARING NO.E.401/E1/2018/H&FWD DATED 07.04.2020 ISSUED BY THE 1ST RSPECT OF DR.MAJIDA Annexure A16 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER DATED ES7-692/2019/DHS DATED 04.05.2019 ISSUED BY THE 3RD RESPONDENT Annexure A19 TRUE COPY OF THE RELEVANT PAGES OF PROCEEDING OF THE DIRECTOR OF HEALTH SERVICES BEARING ORDER NO.ES7- 692/2019/DHS DATED 04.05.2019 Annexure A17 TRUE COPY OF THE GO(RT)NO.894/2018/H&FWD DATED 17.03.2018 ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT Annexure A18 TRUE COPY OF THE GO(RT)NO.1395/2022/H&FWD DATED 15.06.2022 ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT Exhibit P1 TRUE COPY OF THE O.A NO.1305/2020 Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST PETITIONER ON 10.06.2024 Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST PETITIONER ON 16.11.2021 2025:KER:30740 O.P. (KAT) No.112 of 2025 6 Exhibit P4 TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT ON 04.08.2023 Exhibit P5 TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE RESPONDENT ON 20.06.2024 Exhibit P6 TRUE COPY OF MISCELLANEOUS APPLICATION NO.735/2021 IN OA NO. 1305/2020 DATED 17.03.2021 TO ACCEPT ADDITIONAL DOCUMENT Exhibit P7 TRUE COPY OF MISCELLANEOUS APPLICATION NO.1706/2022 IN OA NO. 1305/2020 DATED 17.08.2022 TO ACCEPT ADDITIONAL DOCUMENT Exhibit P8 TRUE COPY OF THE IMPUGNED ORDER BY THE TRIBUNAL ON 04.10.2024