IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 18535 of 2011(N) -------------------------- PETITIONERS: --------------- 1. SIVADAS.K, S/O.KUMARASWAMY NADAR,AGED 45 YEARS, ATTENDER, HOMEO DISPENSARY,THAKAZHY, ALAPPUZHA,R/AT SIVANPARAMBIL,VILLAKINAR WARD, ALAPPPUZHA 688 001. 2. MOHAMMED SAJI.S, S/O.SHERIFKUTTY, AGED 35 YEARS,ATTENDER,GOVT.HOMEO DISPENSARY, ARATTUPUZHA NORTH PO, ALAPPUZHA. 3. UNNI.P, S/O.PADMANABHAN,AGED 46 YEARS, ATTENDER,GOVT.HOMEO DISPENSARY,MUTHUKULAM, R/AT SARADA BHAWAN,KARUVATTUMKUZHY, KAREELAKULANGARA PO,ALAPPUZHA 690 572. BY ADV. MR. C.A.CHACKO MR. P.A.DILEEP RESPONDENTS: --------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVT., HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN 695 001 3. THE DIRECTOR OF HOMEOPATHY, DIRECTORATE OF HOMEOPATHY,THIRUVANANTHAPURAM. PIN 695001 BY SENIOR GOVERNMENT PLEADER MR. E. M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 18535 OF 2011 APPENDIX PETITIONERS' EXHIBITS : EXT. P1 : TRUE COPY OF GO (MS) 161/84/HD DATED 21.06.1984 EXT. P2 : TRUE COPY OF G.O. DATED 12.04.1999 EXT. P3 : TRUE COPY OF THE DRAFT SPECIAL RULES EXT. P4 : TRUE COPY OF THE COMMUNICATION DATED 12.04.2006 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT. P5 : TRUE COPY OF THE REPRESENTATION DATED 20.05.2010 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXT. P6 : TRUE COPY OF JUDGMENT DATED 27.09.2010 IN W.P.(C) NO. 29634 OF 2010 OF THIS HON'BLE COURT. EXT. P7 : TRUE COPY OF REPRESENTATION DATED 26.11.2010 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT. P8 : TRUE COPY OF ACKNOWLEDGEMENT CARD FOR RECEIPT OF EXT. P7 /TRUE COPY/ P.A. TOJUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 18535 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th October, 2011 JUDGMENT The petitioners have approached this Court with the following prayers : i. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents to promote the petitioners to the post of Pharmacist forthwith with retrospective effect. ii. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents 1 & 2 to take immediate steps to approve and finalize Ext. P3 Draft Special Rules. iii. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 2nd respondent to consider and pass orders on Ext. P7 forthwith; and iv. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case. 2. This is the second round of litigation that the petitioners pursuing before this Court. Earlier W.P.(C) No. 26934 of 2010 preferred by the petitioners with respect to the same cause of action was caused to be dismissed as withdrawn, with liberty to approach the Government projecting the grievance, vide judgment dated 27.09.2010. The learned counsel for the petitioners submit that, the petitioners W.P. (C) No. 18535 of 2011 : 2 : preferred Ext. P7 representation dated 26.11.2010 before the first respondent accordingly and the same is still to be considered, which hence is under challenge in this writ petition. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, more so in view of the dismissal of earlier writ petition directing the petitioner to pursue the matter before the Government, the only relief that could be granted is to direct the first respondent to consider Ext. P7 representation preferred by the petitioners within a time frame. Accordingly, the Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P7 in accordance with law, as early as possible, at any rate within three months from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd