IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11724 of 2009(I) -------------------------- PETITIONER(S): --------------- DR.B.SASIKUMAR, SENIOR MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, AYOOR, KOLLAM DIST. BY ADV. SMT.AYSHA YOUSEFF SMT.RABIYA BEEGAM T.K. SMT.M.P.SEETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, INDIAN SYSTEM OF MEDICINES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11724 of 2009 --------------------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioner is now working as Senior Medical Officer in the Government Ayurveda Hospital, Ayoor. Since the post of Chief Medical Officer is vacant, he was put in-charge of Chief Medical Officer. The petitioner seeks for a direction to the respondent to promote him in any one of the existing vacancies of Chief Medical Officer. It is pointed out that he is due to retire from service on 31.05.2009. According to the petitioner as per Ext.P3 gradation list of Senior Medical Officers, Indian System of Medicines as on 1.1.2004, the petitioner is included as serial No.102. Persons up to rank No.95 have already been promoted as Chief Medical Officers. 2. Seeking for appropriate action in the matter he has filed Ext.P4 representation. Ext.P5 is the order dated 28.3.2009 whereby 16 Senior Medical Officers have been promoted as Chief Medical Officers. The petitioner submits that if existing vacancies are filled up he will be entitled for promotion before the date of retirement. wpc: 11724 of 2009 2 It is also pointed out that Sl.Nos.10 and 13 in Ext.P5 have already retired from service after they were promoted. Since the petitioner is retiring on 31.5.2008, there will be a direction to the 1st respondent to consider his claim as raised in Ext.P4 and appropriate orders will be passed within a period of one month from today. T.R.RAMACHANDRAN NAIR, JUDGE bps