IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31607 of 2008(K) -------------------------------------- PETITIONER(S): ---------------------- DR.K.I.ABDUL GAFOOR KAKKAT HOUSE, EDAVANAKKAD P.O.,ERNAKULAM 682 502 (NOW WORKING AS DISTRICT MEDICAL OFFICER (HOMOEO) KALOOR PRIVATE BUS STAND BUILDINGS, KALOOR P.O.,ERNAKULAM.) BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND SRI.N.V.RAJEEV SRI.PRAMOD DAS LOHYA SMT.B.MEERA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY , HEALTH & FAMILY WELFARE (J) DEPARTMENT ,TRIVANDRUM. 2. THE DIRECTOR OF HOMOEOPATHY, HOMOEOPATHY DIRECTORATE, TRIVANDRUM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ===================== W.P(C).No.31607 of 2008 ===================== Dated this the 29th day of October, 2008. JUDGMENT The petitioner who is presenting working as District Medical Officer (Homoeo) and is due to retire from service on 30.11.2008 has in this Writ Petition sought a direction to the first respondent to promote him as Deputy Director (Homoeo). The petitioner submits that he is the senior- most District Medical Officer (Homoeo) in the State of Kerala and is therefore entitled to be promoted as Deputy Director (Homoeo). The petitioner submits that though he has submitted Ext.P1 representation before the Director of Homoeopathy and the Director had in Ext.P2 letter addressed to the Secretary to Government, Health and Family Welfare Department recommended his promotion as Deputy Director (Homoeo), orders have not been passed in the matter. The petitioner also submits that appointment to the post of Deputy Director (Homoeo) is by promotion from the category of District Medical Officer (Homoeo) and that as the post of Deputy Director (Homoeo) is not a selection post, the respondents may be directed to consider the request made by him in Ext.P1 representation and take a decision thereon in the light of the recommendations made by the Deputy Director (Homoeo) in Ext.P2, expeditiously. 2. Ext.P2 discloses that the Director of Homoeopathy has WP(C) 31607/08 -: 2 :- recommended temporary promotion of the petitioner as Deputy Director (Homoeo). The Director of Homoeopathy has in Ext.P2 also observed that the petitioner is qualified to hold the post, that he is the senior-most among the District Medical Officers in service and that he is due to retire from service shortly on attaining the age of superannuation. 3. Such being the position, I dispose of the Writ Petition with a direction to the Secretary to Government, Health and Family Welfare Department to consider the request made by the petitioner in Ext.P1 in the light of Ext.P2 and pass orders thereon, on or before 15.11.2008. P.N.Ravindran, Judge. ess 30/10