IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 30385 of 2008(P) -------------------------------------- PETITIONER(S): ---------------------- DR.K.R.PRAKASAN, MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, KATTOOR, THRISSUR DISTRICT. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERMENT SECRETARIAT, TIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE, REPRESENTED BY ITS CONVENER THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE, DIRECTORATE OF INDIA SYSTEMS OF MEDICINE, THIRUVANATHAPURAM. 3. THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ===================== W.P(C).No.30385 of 2008 ===================== Dated this the 3rd day of November, 2008. JUDGMENT Heard Sri.S.Easwaran, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Medical Officer, Ayurveda in the Health and Family Welfare Department. His grievance is that though by Ext.P3 order dated 15.3.2008, the Government have re-fixed the cadre strength of Medical Officers (Ayurveda) and Senior Medical Officers (Ayurveda) as on 1.1.2008 in the Indian Systems of Medicine Department thereby creating a large number of vacancies of Senior Medical Officers (Ayurveda) and though the Government order contemplates promotions as a result thereof, steps have not been taken to give effect to the decision taken by the Government. The petitioner submits that he is due to retire from service on 31.12.2008 on attaining the age of superannuation and unless this Court steps in and issues the necessary directions, he will not get the benefits flowing from Ext.P3. 3. Ext.P3 no doubt discloses that pursuant to the decision take by the Government as reflected therein promotions will have to be made. Whether going by the petitioner's rank and seniority, he is also eligible to be promoted to one of the vacancies of Senior Medical Officer (Ayurveda) WP(C) 30385/08 -: 2 :- that arose following Ext.P3, is essentially a matter for the competent authorities among the respondents to decide at least in the first instance. However, having regard to the fact that the petitioner is due to retire from service on 31.12.2008, it is only desirable that the request made by him in Ext.P4 to the third respondent, the Director of Indian Systems of Medicine, Thiruvananthapuram is considered at the earliest. 4. In such circumstances, I dispose of the Writ Petition with a direction to the third respondent to consider the request made by the petitioner in Ext.P4 by treating it as one for temporary promotion under Rule 31(a)(i) of Part II of the Kerala State and Subordinate Services Rules and take a decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment. Needless to say, while considering the petitioner's claim, the claims of persons who are senior to him shall also be considered. P.N.Ravindran, Judge. ess 8/11