IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25662 of 2008(E) -------------------------- PETITIONER: ------------------ DR.K.ARAVINDAKSHAN, SENIOR MEDICAL OFFICER (AY.ISM), GOVERNMENT AYURVEDA DISPENSARY, SHAKTHIKULANGARA, KOLLAM. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SMT.T.V.SREEJA SMT.M.KABANI DINESH SMT.BOBY M.SEKHAR SMT.FASHIYA YOUSEFF RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR INDIAN SYSTEM OF MEDICINES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.25662 of 2008 -------------------------- Dated this the 28th August, 2008 J U D G M E N T The petitioner is presently working as Senior Medical Officer in the Government Ayurveda Dispensary (Indian System of Medicine) in Sakthikulangara. He is due to retire from service on 30.11.2008 on attaining the age of superannuation. The grievance voiced by the petitioner is that notwithstanding the existence of six vacant posts of Chief Medical Officers, the respondents are not taking steps to effect promotions. The petitioner submits that by virtue of his seniority, he is eligible to be promoted as Chief Medical Officer. The petitioner has submitted Exhibits P3 representation to the Secretary to Government, Health and Family Welfare Department seeking promotion as Chief Medical Officer. W.P ( C) No.25662 of 2008 2 2. As the post of Chief Medical Officer is a selection post, the Departmental Promotion Committee will have to be constituted to select candidates for promotion to the said post. In that view of the matter, I dispose of the writ petition with a direction to the first respondent to consider the petitioner's request in Exhibit-P3 and pass appropriate orders thereon, within a period of two weeks from the date on which the petitioner produces a copy of this judgment. It will also be open to the respondents to consider whether the petitioner and other Chief Medical Officers can be provisionally promoted to the post of District Medical Officer. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.25662 of 2008 3 W.P ( C) No.25662 of 2008 4 (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.25662 of 2008 5