IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 9836 of 2008(U) ------------------------- PETITIONER(S): --------------- 1. S. ABDUL JALEEL, ATTENDER GOVERNMENT HOMOEO DISPENSARY, KULAKKADA KOLLAM DIST. 2. T.R. MANOHARAN, PHARMACIST GOVERNMENT HOMOEO DISPENSARY, MANJOOR KOTTAYAM DIST. 3. N.M. MUHAMMED KUNJU, PHARMACIST GOVERNMENT HOMOEO DISPENSARY, KALADY ERNAKULAM DIST. 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, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.ALEXANDER THOMAS,SC,KPSC BY GOVT. PLEAER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9836 OF 2008 (U) -------------------------------------------------- Dated this the 30th day of November, 2009 J U D G M E N T Petitioners entered service in Homoeopathy Department as Peons. Second and third petitioners are now working on provisional basis as Pharmacists. They aspire for regular promotion to the post of Pharmacist. Ext.P2 is the special rules. According to the petitioners, revised special rules are now in the pipeline and they are referring to Exts.P6 and P7 in this regard. It is stated that by Ext.P9 judgment rendered by this court in WP (c).No.34634/2007, the respondents have already been directed to finalise the revised Special Rules and that in the meanwhile steps are taken to fill up the available posts by applying Ext.P2 special rules. It is with this grievance that this writ petition is filed. 2. Respondents have filed a counter affidavit. According to the respondents Ext.P2 is the special rules which govern the field now. It is stated that although process of amending the special rules have already been initiated, orders amending the rules have been not been issued so far. According to the respondents in the meanwhile they are entitled to fill up the posts and the petitioners cannot prevent the respondents from filling up the WPC.No.9836 /08 :2 : post applying the rules which are in force so far. 3. Admittedly, the special rules now in force is Ext.P2. Therefore, even if an amendment or revision is to be effected, until the revision is effected the available posts will have to be filled up, applying the special rules which are in force. Therefore, the respondents cannot be stopped from proceeding with the matter. 4. However, there is substance in the request of the petitioners that the revision of the special rules should be expedited. As already stated, even according to the respondents, steps are already been initiated for amending special rules and therefore it is up to the respondents to expedite the revision of the special rules and finalise the same. Having regard to the fact that steps are already been initiated, there will be a direction to the respondents to finalize the revision of special rules. This shall be done as expeditiously as possible and at any rate within 6 months from the date of receipt of a copy of the judgment. Writ petition is disposed of as above. vi (ANTONY DOMINIC) JUDGE WPC.No.9836 /08 :3 : vi/