IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 28379 of 2009(N) -------------------------- PETITIONER: --------------- V.H.ABDUL SALAM, AGED 51 YEARS, S/O.HASSAN PILLAI, WORKING AS SANITATION WORKER (LAST GRADE), GOVERNMENT AYURVEDA HOSPITAL, THODUPUZHA. BY ADV. MR. T.A.UNNIKRISHNAN MR. P.P.BIJU MR. NITHIN JACOB RESPONDENTS: --------------- 1. THE GOVERNMENT OF KERALA REP.BY SECRETARY, HEALTH AND FAMILY WELFARE (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, IDUKKI. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28379 of 2009 --------------------------------- Dated, this the 10th day of November, 2009 J U D G M E N T The petitioner, who is working as a Part Time Sweeper, is aspiring for promotion to the post of Sanitary Worker. Even going by the averments in the writ petition, Special Rules were amended in the year 2008, and as per the Rules, candidates should have possessed test qualification for promotion. Admittedly, the petitioner does not possess the test qualification in terms of the Special Rules. 2. The case of the petitioner is that as he commenced service long prior to the amendment, he ought to have promoted without insisting on his possessing test qualification. I am not in a position to agree with this contention. Having regard to the fact that the Special Rules prescribe test qualification, irrespective of whether an employee is in service prior to the amendment to the Rules or not, only those possessing test qualification as prescribed in the Rules, can aspire for promotion. If that be so, there is no merit in the claim of the petitioner, and therefore, this writ petition is only to be dismissed, and I do so. (ANTONY DOMINIC, JUDGE) jg