IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 33283 of 2009(E) -------------------------- PETITIONER: -------------- D.ANTONY, ATTENDER, GOVERNMENT AYURVEDA DISPENSARY, UDUMBANOOR, IDUKKI DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.RAMESH. C.R. SRI.K.V.VIMAL SRI.JOVY GEORGE VARGHESE RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695 001. 2. DIRECTOR, DIRECTORATE OF INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM, PIN: 695 001. 3. DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE, IDUKKI, KUYILIMALA, PIN: 685 603. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE K.P.S.C., PATTOM, THIRUVANANTHAPURAM, PIN: 695 004. R1 TO R3 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN R4 BY SRI. ALEXANDER THOMAS, SC, PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 33283 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 JUDGMENT Petitioner is an Attender working in the Government Ayurveda Dispensary, Udumbannoor, in Idukki district, aspiring for promotion to the post of Ayurveda Pharmacist Grade II. According to the petitioner, the vacancies prior to 19.11.08 have to be filled up by direct recruitment and promotion in the ratio 1:1. Petitioner submitted Ext.P3 representation specifically contending that vacancies available prior to 19.11.08 should be filled up applying the Rule as it stood then, prior to its amendment from 19.11.08. However, that representation is rejected by Ext.P6 on the ground that before recommending to the PSC to conduct a suitability test, as contemplated under the unamended Rules, the amended special Rules came into force from 19.11.2008. 2. What the respondent would state in Ext.P6 is that since the Rule has been amended from 19.11.08, the vacancies can be filled up only in terms of the amended rules. It is challenging WPC : 33283 of 2009 -:2:- Ext.P6, the Writ Petition is filed. 3. Learned Government Pleader has obtained instructions and submits that it is not in dispute that amendment to the Rules has been introduced only with effect from 19.11.08. it is stated that even under the unamended rules, a suitability test is required to be conducted and that before steps were taken, the amended rule came into force. 4. The only case of the petitioner is that vacancies prior to 19.11.08 should be filled up, applying the unamended rules. If the rules requires a suitability test to be conducted by the PSC, it is for the authority concerned to take steps in the matter and get the suitability test conducted and the petitioner is not seeking to be relieved from that requirement. 5. It is the settled position of law that in the matter of promotions, the rule to be applied is the rule in force on the date of occurrence of vacancy. That means the vacancies up to 19.11.08 should be filled up applying the unamended rules. Therefore, the Writ Petition is disposed of directing the respondent to take steps to fill up the vacancies prior to WPC : 33283 of 2009 -:3:- 19.11.08, applying the unamended rules. Necessary steps for the conduct of suitability test shall be taken as expeditiously as possible, at any rate, within six weeks of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE ttb