IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31899 of 2009(F) -------------------------- PETITIONER(S): ---------------------- 1. O.A.LALITHA, PUTHANPURAKKAL (H), KADAVOOR P.O., MUVATTUPUZHA. 2. K.R.VALSALA KUMARI AMMA, KRISHNA SADHANAM, KAROTTEKATTIL, THOTTAKATTUKARA, ALUVA. BY ADV. SRI.T.RAJESH RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR INDIAN SYSTEM OF MEDICINE, DIRECTORATE OF INDIAN SYSTEM OF MEDICINE, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, ERNAKULAM. 4. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM. GOVT.PLEADER SMT.ANU SIVARAMAN SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 31899 OF 2009 (F) ===================== Dated this the 9th day of November, 2009 J U D G M E N T Petitioners are Attenders in Ayurvedic Dispensaries. 2. According to the petitioners, the 3rd respondent invited application for promotion to the post of Pharmacist Grade II (ISM). Petitioners applied and were called for interview. 3. It is stated that Ext.P3 was the Special Rules on the basis of which the applications were invited and they were considered. In terms of Ext.P3 Special Rules, SSLC was the qualification prescribed for the post of Pharmacist Grade II and in terms of the Rule, the petitioners were eligible. It is stated that the petitioners were selected, and inspite of it, steps are not being taken for promoting them. 4. Reason according to the petitioners is that in the meanwhile, by Ext.P4, Special Rules were amended incorporating an additional qualification of possession of certificate in Ayurveda Course. Petitioners complaint is that before the amendment was incorporated, vacancies were available and that atleast those vacancies should be filled up, applying Ext.P3, the unamended WPC 31899/09 :2 : Special Rules. 5. It is stated the 1st petitioner has urged this claim by filing Ext.P5 before the 2nd respondent and that the said representation is also remaining unattended. 6. If as stated by the petitioners, vacancies were available in the cadre of Pharmacist Grade II (ISM) before the amendment to the Special Rules, the representation deserves consideration. Now that Ext.P5 is stated to be pending, I direct the 2nd respondent to consider Ext.P5 and pass orders thereon. This shall be done, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp