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2025 DIGILAW 1012 (KER)

Sreedevi. M, W/o. (Late) Vijayakumar. U v. State of Kerala

2025-04-11

N.NAGARESH

body2025
JUDGMENT : The petitioner, who is working as Last Grade Servant in the 3 rd 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 3 rd 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 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 4 th respondent-Principal informed the petitioner that at the time of joining duty, the petitioner has submitted a Medical Fitness Certificate. The 4 th 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 2 nd 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 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 1 st 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 assigned to the petitioner has to be discharged by her. 6. The 1 st 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 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 1 st 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 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.