WP(C)/41335/2023 of SREEDEVI.M, Vs STATE OF KERALA, on 11 April 2025

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner, who is working as Last Grade Servant in the 3rd respondent-Ayurveda College, seeks to direct the respondents to post the petitioner to any of the duties of Last Grade Service and not in Panchakarma duty.

2. The petitioner states that she is working as Last Grade Servant (Class IV employee) in the 3rd respondent-College. She was appointed on compassionate grounds and is working in the School since 06.07.2022. The petitioner was deputed for Panchakarma duty since September, 2022. The petitioner states that the heat and

: 4 : fumes in the Panchakarma rooms are allergic to her. The petitioner has migraine problem.

3. The petitioner requested the Superintendent to assign her light duty. The petitioner submitted Exts.P1 to P3 representations in this regard. By Ext.P5 letter, the 4th respondent-Principal informed the petitioner that at the time of joining duty, the petitioner has submitted a Medical Fitness Certificate. The 4th respondent stated that Panchakarma duty is also a part of last grade service.

4. An employee of the College submitted a request under the RTI Act. By Ext.P11 reply, the 2nd respondent has informed that it is not legal to discharge Panchakarma duties by Class IV employees. In other Institutions, Panchakarma duties are not assigned to Class IV employees. Such duties are to be discharged by skilled Therapists and Nursing Assistants. The petitioner therefore seeks to direct respondents 1 and 2 to take appropriate steps

: 5 : for restraining assignment of Panchakarma duties to the petitioner.

5. Respondents 3 to 5 resisted the writ petition filing counter affidavit. Respondents 3 to 5 stated that the petitioner was appointed on compassionate grounds. The petitioner is not interested in doing any work assigned. The allegation of allergy due to heat and fume is not correct. The petitioner has only to assist the Therapists or Doctors at the time of Panchakarma Therapy. The petitioner is not assigned duties dischargeable by Therapists and Nursing Assistants. If the petitioner alone is given exemption from assisting in Panchakarma duties, that will affect smooth functioning of the Hospital.

6. The 1st respondent filed a counter affidavit stating that the Panchakarma Therapy place is not having hazardous or dangerous working environment. There are many fellow workmen working in this environment. The work

: 6 : assigned to the petitioner has to be discharged by her. The duties assigned to the petitioner are well within the duties that can be assigned to Class IV employees.

7. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 2 and the learned counsel appearing for respondents 3 to 5.

8. The petitioner states that she is allergic to heat and fumes arising from Panchakarma Therapy rooms and therefore she has to be assigned other duties. The counter affidavit filed by respondents 3 to 5 would indicate that the petitioner was appointed in last grade service on compassionate grounds. The counter affidavit filed by the 1st respondent would indicate that Panchakarma Therapy places are not hazardous places. It is also stated that Class IV employees are supposed to assist the Doctors and Therapists discharging Panchakarma duties. There is substance in the

: 7 : statement of respondents 3 to 5 that giving exemption to the petitioner would burden other Last Grade Servants engaged by the Institution. In such circumstances, I do not find any merit in the writ petition. The writ petition is therefore dismissed. Sd/- N. NAGARESH, JUDGE aks/10.04.2025

: 8 : APPENDIX OF WP(C) 41335/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 13.10.2022 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P2 A COPY OF THE REPRESENTATION DATED 21.10.2022 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P3 A COPY OF THE REPRESENTATION DATED 13.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 10.3.2023 ISSUED BY DR.K.R.BIJU ASSISTANT SURGEON Exhibit P5 A COPY OF LETTER NO.A1/398/2023/V.A.C DATED 29.04.2023 ISSUED BY THE 4TH RESPONDENT PRINCIPAL Exhibit P6 A COPY OF THE LETTER DATED 15.05.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT PRINCIPAL Exhibit P7 A COPY OF THE REPRESENTATION DATED 11.03.2023 OF VAC & H EMPLOYEES ASSOCIATION TO THE PRINCIPAL Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED

16.10.2023

SUBMITTED

BY VAIDHYARATNAM AYURVEDA COLLEGE AND HOSPITAL EMPLOYEES ASSOCIATION BEFORE THE 4TH RESPONDENT Exhibit P9 A

COPY

OF

THE

LETTER

: 9 : NO.A1/398/2023/V.A.C DATED 27.11.2023 ISSUED BY THE 4TH RESPONDENT TO THE SECRETARY,

VAIDHYARATNAM

AYURVEDA COLLEGE

AND

HOSPITAL

EMPLOYEES ASSOCIATION Exhibit P10 A COPY OF THE QUESTIONNAIRE AS PER RIGHT TO INFORMATION ACT DATED 10.03.2016 SUBMITTED BY SRI VIGIL K.S. BEFORE THE OFFICE FOR THE 2ND RESPONDENT Exhibit P11 A

COPY

OF

THE

REPLY NO.E4/1452/2016/AKOKA DATED 26.04.2016 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P12 A COPY OF THE REPLY NO.S3/2948/2016/A KO DATED 22.04.2016 FROM GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM TO SRI VIGIL K.S Exhibit P13 A COPY OF THE REPLY NO.B2/1197/2018 DATED 28.04.2016 FROM GOVERNMENT AYURVEDA COLLEGE, THRIPUNITHURA TO SRI VIGIL K.S Exhibit P14 A COPY OF THE REPLY IN FILE NO.-E2- 851/2016/K.A.S.R.S DATED 19.04.2016 FROM KERALA AYURVEDIC STUDIES AND RESEARCH SOCIETY, EDARIKKAD TO SRI VIGIL K.S Exhibit P15 RELEVANT PAGES OF THERAPY REGISTER KEPT IN THE MEDICAL COLLEGE