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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Trivedi Maharshi Dineshbhai – Appellant
Versus
State Of Kerala Represented By Its Secretary, Health & Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. entitlement of petitioners as assistant professors (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. counterarguments regarding appointment and bond period (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. constitutional principles on equal pay and service count (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
JUDGMENT :
N. Nagaresh, J.
The petitioners, who were Senior Residents, seek to set aside Ext.P12 and to direct the 3rd respondent- Director, Regional Cancer Centre to treat the bond period of the petitioners as Assistant Professors with scale of pay applicable to that post rather than as Senior Residents.
2. The petitioners state that they completed their Super Specialty in Mch/DM in the Regional Cancer Centre and have undergone their bond period of one year on being appointed as Senior Residents. The petitioners submit that they are entitled to be appointed as Assistant Professors during the bond period in view of their qualifications and are entitled to the scale of pay applicable to the post.
3. MCh and DM are super specialty degree courses of three year duration. The petitioners completed the super specialty course in the year 2020. They commenced one year bond service period in te
Petitioners entitled to Assistant Professor designation and salary during bond service, affirming equal pay for equal work as per constitutional provisions.
Completion of Super Speciality does not entitle petitioners to redesignation as Assistant Professors without sanctioned posts and selection processes, as they are bound by executed bonds for one year....
Service -Having all qualifications required for recruitment of Assistant Professors – If a person is put to officiate on a higher post with greater responsibilities, he is normally entitled to salary....
(1) There is distinction between re-designation and regular appointment – Redesignation cannot be said to be a regular appointment.(2) Promotion – Whenever a Scheme/Policy is brought into force, cete....
Seniority among Assistant Professors must be determined by the date of entry into the cadre, not merely by re-designation, as per the KS&SSR.
Absorption of adhoc faculty as Assistant Professors affirmed, emphasizing equal pay for equal work and recognition of long-term service.
Prolonged temporary appointments can establish grounds for regularization and equal pay for equal work, emphasizing adherence to university regulations.
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