IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10077 of 2009(D) ------------------------------------- PETITIONER(S): ----------------------- N.RAJEEV, COOK GRADE I, GOVERNMENT AYURVEDA HOSPITAL, VENNGANNOOR, THIRUVANANTHAPURAM, RESIDING AT MIDHUNAM, T.C.65/2073 (1), MYTHRI NAGAR, THIRUVALLAM P.O., THIRUVANANTHAPURAM-695 027. BY ADVS. MR.T.P.DEYANANTHAN MR.A.V.RAMAKRISHNA PANICKER SMT.R.SEEMA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENNTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DEPARTMENT OF INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.10077 of 2009 --------------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The main prayer in the writ petition is for a direction to the respondents to appoint the petitioner in any of the vacancies by transfer as Attender Grade II. 2. The relevant Special Rules provides the method of appointment, in the absence of qualified persons in the Department for appointment, by transfer from members of the last grade service in other departments. The petitioner is now employed as Cook and has completed three years of service based on his appointment dated 19.12.2005. He is having the academic qualification of pass in S.S.L.C. Later he got inter departmental transfer to the department of Indian Systems of Medicine as per Ext.P2 order. He was granted 1:1 ratio promotion as Cook Grade I as per Ext.P3. 3. The relevant Special Rules namely Indian Systems of Medicines (Kerala) Subordinate Service Rules, 2008 was adopted as per Notification dated 20.11.2008 published in the Gazette. The appointment for category 14, Attender Grade II/Nursing Assistant Grade II/Pharmacy Attender Grade II is by two methods namely (i) appointment by transfer from the members of the last grade service in the department after completion of probation and (ii) In the wpc/10077/2009 2 absence of qualified persons in the Department for appointment by transfer from members of the last grade service in other department. 4. Seeking for such a benefit, the petitioner has filed Ext.P6 representation before the District Medical Officer namely 3rd respondent. There will be a direction to the 3rd respondent to consider Ext.P6 and pass appropriate orders in accordance with the Special Rules within a period of two months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps