IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2440 of 2008(M) ------------------------- PETITIONER: ------------ 1. DR.G.RAJENDRAN , SENIOR MEDICAL OFFICER (SPECIALIST) GOVERNMENT AYURVEDA HOSPITAL, KADAMBANAD PATHANAMTHITTA. 2. DR.R.B.REMADEVI, SENIOR MEDICAL OFFICER (SPECIALIST) GOVERNMENT AYURVEDA HOSPITAL,NEYYATTINKARA TRIVANDRUM. 3. DR.S.UNNIKRISHNAN NAMBOORI, MEDICAL OFFICER (VISHA) GOVERNMENT AYURVEDA HOSPITAL,NORTH PARAVOOR ERNAKULAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) INDIAN SYSTEMS OF MEDICINE DEPARTMENT REPRESENTED BY ITS CONVENOR AND SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM. 3. THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2440 of 2008 -------------------------- Dated this the 21st January, 2008 J U D G M E N T Petitioners 1 and 2 are presently working as Senior Medical Officers (Specialist). Third petitioner is working as Medical Officer (Visha) in the Department of Indian Systems of Medicine Department. Special Rules relating to the service promulgated under Exhibit P1 order dated 31.10.1981 was amended with effect from 5.4.2005. There was a dispute as to the filling up of the vacancies in the post of District medical Officer (Ayurveda), Chief Medical Officer (Ayurveda) and Senior Medical Officer (Specialist),consequent upon the amendment to the Rules. By Exhibit P2 judgment, this Court directed the department to fill up the vacancies in the said post upto the date of amendment of the Special Rules, in the light of Rule 3 (b) of the Special Rules as it was contained in Exhibit P1. Apparently, the exercise was completed for the vacancies which arose in the year 2001 for the above-mentioned three categories as per Exhibits P3, P4 and P5. The exercise is yet to be undertaken for the vacancies which arose from the subsequent year 2002 onwards till 5.4.2005. W.P ( C) No. 2440 of 2008 2 Petitioners have moved the Government for taking steps to fill up the vacancies in the category of District Medical Officer, Chief Medical Officer and Senior Medical Officer (Specialist) in relation to the vacancies which arose after 2001 in the light of Exhibit P2 judgment, taking note of the exercise undertaken for the period 2001, as evidenced by Exhibit P3. The 1st petitioner is due to retire on 30.6.2008. The post in question is a selection post. After hearing the learned Government Pleader also, this writ petition is disposed of directing the 1st respondent to consider the request made in Exhibits P6 and P7 and take appropriate action to see that the Departmental Promotion Committee is convened, within three months for the post of District Medical Officer, Chief Medical Officer and Senior Medical Officer (Specialist) in the department of Ayurveda taking note of Exhibit P2 judgment, within three months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 2440 of 2008 3 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 2440 of 2008 4 ORDER 25th May, 2007