IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 1416 of 2010(B) ------------------------------------- PETITIONER: ------------------- DR.VALSAN.P.KURIAN, SUPERINTENDENT IN CHARGE, PROFESSOR, DEPARTMENT OF PRASOOTHI TANTRA, GOVERNMENT AYURVEDA COLLEGE HOSPITAL, TRIPUNITHURA. BY ADV. MR.BIJU ABRAHAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, OFFICE OF THE DIRECTOR, DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, TRIVANDRUM. R1 & R2 BY GOVT. PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1416/2010-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER DTD. 18/02/2009 APPOINTING THE PETITIONER AS PROFESSOR AND SUPERINTENDENT IN CHARGE OF GOVERNMENT AYURVEDA COLLEGE, TRIPUNITHURA. EXT.P.2: COPY OF THE PROCEEDINGS DTD. 20/02/2009 OF THE GOVERNMENT AYURVEDA COLLEGE, TRIPUNITHURA. EXT.P.3: COPY OF THE COMMUNICATION DTD. 18/02/2009 OF THE R.2. EXT.P.4: COPY OF THE WILLINGNESS SUBMITTED BY THE PETITIONER DTD. 25/02/2009. EXT.P.5: COPY OF THE REMINDER LETTER DTD. 18/05/2009 OF THE PETITIONER. EXT.P.6: COPY OF THE REMINDER DTD. 01/01/2010 OF THE PETITIONER. EXT.P.7: COPY OF THE GOVERNMENT ORDER DTD. 14/12/2009. EXT.P.8: COPY OF THE JUDGMENT DTD. 18/09/2008 IN W.P.9C).NO.18823/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1416 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2010 J U D G M E N T The petitioner has been put in charge of the post of Superintendent of Government Ayurveda College Hospital, Tripunithura. He is holding charge of that post from February 2009 onwards. According to the petitioner he is entitled to be promoted to that post with retrospective effect from the date of taking charge of Superintendent. The petitioner's grievance is that the respondents are not taking appropriate steps to promote the petitioner regularly to that post. Government Pleader submits that the post is not merely a promotion post. The post can be filled up only as per Special Rules is his contention. I am not going into that question. Admittedly the post of Superintendent of Government Ayurveda College Hospital, Tripunithura is vacant. It is also admitted that the petitioner is holding charge of that post presently. It is only in the interest of W.P.(C)No. 1416 of 2010 -2- that institution that the post is filled up regularly at the earliest. Accordingly I dispose of this writ petition with a direction to the respondents to fill up the post of Superintendent of Government Ayurveda College Hospital, Tripunithura in accordance with the Special Rules applicable as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. If the petitioner is eligible he shall be given appointment in accordance with law. I make it clear that I have not considered anything on merit and it is for the respondents to consider the matter and in accordance with law. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the respondents for compliance. S. SIRI JAGAN JUDGE shg/