IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5347 of 2009(K) -------------------------------------- PETITIONER(S): ------------------------ DR. ROSAMMA GEORGE, SENIOR MEDICAL OFFICER,DISTRICT GOVERNMENT AYURVEDA HOSPITAL, THRIPUNITHURA, ERNAKULAM DIST. BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB SMT.U.M.FOUSIA SMT.RABIA BEEGAM T.K. MR.JOBI.A.THAMPI SMT.M.KABANI DINESH 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. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 5347 of 2009 --------------------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT The petitioner is a Senior Medical Officer in the District Government Ayurveda Hospital, Tripunithura. She is due to retire from service in March, 2009. The petitioner is aspiring for the promotion of Chief Medical Officer in one of the existing vacancies. 2. As per the Kerala Health Services Indian System of Medicine Special Rules the post of Chief Medical Officer is included in the category No.5. The post of Chief Medical Officer is filled up by appointment from category 12- Senior Medical Officer (Ayurveda) or category 7- Senior Medical Officer (Specialist). 3. The petitioner is working as Senior Medical Officer from 2002 onwards. In Ext.P2 gradation list as on 1-1-2004, the petitioner is included as serial No.144. Persons up to rank No.95 were promoted as Chief Medical Officers. This averment is supported by Ext.P3 order dated 11.11.2008. According to the petitioner, serial No.100 to 105 and 110 to 112, 114 to 139, 141 & 143 in Ext.P2 have already been retired from service. Therefore, the petitioner will be effectively the 12th person to be wpc:5347 of 2009 2 promoted from Ext.P2 gradation list as Chief Medical Officer. It is further submitted that there are 19 vacancies in that cadre. As on today, the existing vacancies are yet to be filled up. In these circumstances, the petitioner has sought for a promotion as per Ext.P4 representation submitted before the Government. In the light of the averments, the petitioner is due to retire from service in March, 2009, there will be a direction to the Government to consider and pass orders on Ext.P4 as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment and her claim should be considered in accordance with the rules and in accordance with the seniority, along with other candidates. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps