IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 13344 of 2010(P) -------------------------- PETITIONER(S): --------------- G.JANARDHANAN,AGED 53, S/O.GOPALAN NADAR, 'PULARI',ELAYAM,VAKKANAD P.O,KOLLAM, NOW WORKING AS PHARMACY ATTENDER, GOVERNMENT AYURVEDA HOSPITAL NEDUMPANA, KOLLAM. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. DIRECTOR OF INDIAN SYSTEMS OF MEDICINES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINES,KOLLAM. 3. STATE OF KERALA REP.BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. BY G.P.SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13344 of 2010 (P) --------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T The petitioner is a Pharmacy Attender, aspiring promotion to the post of Pharmacist Grade-II. The Special Rules were amended with effect from 19/11/2008 and the grievance of the petitioner is that in respect of vacancies, which are available prior to 19/11/2008 also, applying the Special Rules as amended, vacancies are proposed to be filled up. It is with this grievance, this writ petition is filed. 2. Amendment to the Special Rules was made only on 19/11/2008. If any vacancy was available prior to that date, those vacancies will have to be ascertained and filled up on the basis of the Special Rules as it prevailed on that date, namely, the unamended Rules. Therefore, if prior to 19/11/2008 vacancies were available and the petitioner is eligible in terms of the unamended Rules, certainly the claim of the petitioner is liable to be considered. WP(C) No.13344/2010 -2- Therefore, this writ petition is disposed of directing the 1st respondent to consider the claim of the petitioner for promotion to the post of Pharmacist Grade-II, in the light of the above observations. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg