IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 32703 of 2008(R) -------------------------- PETITIONER(S): --------------- 1. KERALA GOVERNMENT HOMOEO MEDICAL OFFICERS' ASSOCIATION, REPRESENTED BY ITS PRESIDENT, DR.K.M.UVAISE, CHIEF MEDICAL OFFICER, GOVERNMENT HOMOEO HOSPITAL, KOYILANDY, KOZHIKODE. 2. DR.ROY ZACHARIAH, RESIDENT MEDICAL OFFICER, DISTRICT HOMOEO HOSPITAL, KOTTAYAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMOEOPATHY, DIRECTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM. GP ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32703/2008 -------------------- Dated this the 17th day of November, 2008 JUDGMENT First petitioner is the Kerala Government Homeo Medical Officers’ Association and second petitioner is working as Resident Medical Officer in District Homeo Hospital, Kottayam. The Medical Officers in the Homeopathic Department are governed by the Kerala State Homeopathy Service Rules, 1989, which consists of the following categories of posts:- Category 1. Director of Homeopathy Category 2. Deputy Director of Homeopathy Category 3. District Medical Officer of Homeopathy Category 3(A). Superintendent Category 4. Chief Medical Officer Category 5. Medical Officer 2. It is submitted that the minimum qualification prescribed for appointment to the post of Medical Officer is B.H.M.S or Diploma in Homeopathy or any other equivalent qualification. Government has reserved one seat for the Medical Officers in the W.P.(C).32703/2008 2 Homeopathy Department for admission to Post Graduate Degree Courses in different Specialties in the Homeopathic Medical Colleges. Reference is made to Medical Officers in the Ayurveda Hospitals governed by the Indian Systems of Medicine (Kerala Service) Special Rules, 2005. The minimum qualification prescribed for appointment to the post of Medical Officers in Ayurveda Hospitals is a Degree in Ayurveda. 3. Petitioners contend that in order to give an impetus to Medical Officers for acquiring Post Graduate Degree in Ayurveda, the Government has implemented payment of allowance to the Medical Officers who possess Post Graduate Degree in Ayruveda. Ext.P1 order referred to in this behalf reveals the special allowance to the Medical Officers/Senior Medical Officers having Post Graduate Degree. Petitioners claim a similar benefit and have filed Exts.P2 and P4 representations before the Government. W.P.(C).32703/2008 3 4. Learned Government Pleader, on instructions, submits that there is a post of Senior Medical Officer (Specialist) in the Special Rules governing the Medical Officers in the Department of Indian Systems of Medicine; there is no analogous post in the Department of Homeopathy. Learned counsel for the petitioners submits that Ext.P2 contains a request for the said purpose also. 5. In the result, after hearing counsel on both sides, writ petition is disposed of directing the first respondent to consider Exts.P2 and P3 and decide whether it would be appropriate to direct creation of a post of Senior Medical Officer (Specialist) in the Department of Ayruveda and if a decision is taken in that behalf, Government shall also decide whether a special allowance on a parity with the allowance directed to be granted under Ext.P1 shall be made available to the Officers in the Department of Homeopathy also. Decision in this regard shall be taken within four months W.P.(C).32703/2008 4 from the date of receipt of a copy of this judgment. A representative of the first petitioner-Association shall be heard before such decision is taken. V.GIRI, Judge mrcs