IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 7332 of 2008(W) ------------------------- PETITIONERS: ---------------------- 1. M.R. UNNIKRISHNAN, PUZHAVOOR RAJASEKHARA VILASAM, NANDIATTUKUNNAM, N. PARAVOOR, ERNAKULAM. 2. V.J. MATHEWS, DOOR NO.19/1012-A, VALOORAN HOUSE, PALLURUTHY, COCHIN-6. BY ADV. SRI.B.K.PURUSHOTHAMAN SRI.B.K.GOPALAKRISHNAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., DEPARTMENT OF HEALTH & FAMILY WELFARE (D), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE, AROGYA BHAVAN, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER GRADE-II, DIRECTORATE OF INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER (ISM), ERNAKULAM. WP(C).No. 7332 of 2008 :: 2 :: 5. THE PRINCIPAL, AYURVEDA COLLEGE, TRIPUNITHURA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.7332 of 2008 W ------------------------- Dated this the 10th day of March, 2008. JUDGMENT The petitioners entered service as Class IV employees and were later promoted as Attenders and thereafter as Pharmacists Grade II. Reference is made to Ext.P2 notification, by which the Kerala Indigenous Medicines Subordinate Service Rules were amended, whereby the period of training, which was originally fixed as 3 months was enhanced to one year. One year training will have to be completed after promotion during the period of probation. According to the petitioners, they are not covered by Ext.P2 because they were appointed as Pharmacists Grade II prior to 16.6.1986, the date of effect of amendment in Ext.P2. The petitioners submit that they were deputed for one year training on the 1st of February, 1994, but were relieved after a few days of commencement of training, on instructions, from the 2nd respondent, the Director, as evidenced by Ext.P3. But later, on the premise that the petitioners have not completed the training, their probation was not declared. It seems that a similarly situated person had approached this court in W.P.(C) No.8894/06, which was disposed of directing the declaration of W.P.(C).NO.7332/08 :: 2 :: his probation and fixation of pay scale. The petitioners submit that, as evidenced by Exts.P5 and P6, the petitioners were granted grade promotions. Subsequently, by Ext.P7, the 3rd respondent issued directions for 50 Pharmacists Grade II to undergo training and petitioners are also included therein. Thereupon, the petitioners submitted Exts.P8 and P9 representations before the 2nd respondent seeking exemption from training. No orders have been passed. In the meanwhile, the training commenced in October, 2007. The petitioners reported for training on 15.2.2008. According to the petitioners, they need not undergo one year's training course because they are not covered by Ext.P2. Secondly, they have crossed the age of 50 and are entitled to exemption. Thirdly, according to them, they are approaching retirement as both of them having crossed the age of 50 and it is not necessary for them to undergo training. In my view, the petitioners' claim, as contained in exts.P8 and P9, are eligible to be considered by the 2nd respondent. In the circumstances, Exts.P8 and P9 should be considered as early as possible. 2. After having heard the learned counsel for the petitioners and the learned Government Pleader, the writ W.P.(C).NO.7332/08 :: 3 :: petition is disposed of directing the 2nd respondent to consider the petitioners' claim, as evidenced by Exts.P8 and P9 and take a decision thereon, expeditiously, and at any rate, within a period of one month from the date of receipt of a copy of this judgment. If the 2nd respondent feels that the petitioners are entitled to exemption, appropriate consequential orders may also be passed. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge