IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 9851 of 2009(B) ------------------------- PETITIONER(S): 1 ---------------- 1. K.G.SANTHAKUMARI,ATTENDER GOVT.AYURVEDA DISPENSARY KANCHIYAR, IDUKKI, MANKOOLATHIL HOUSE, IDUKKI COLONY P.O. CHERUTHONY. 2. ANNAMMA P.M. ATTEMDER GOVT.AYURVEDA DISPENSARY, KURITHIKULAM,VELLIYAMATTOM, THODUPUZHA,IDUKKI, KUNNUMPURATHU HOUSE, ARAKULAM P.O. ASOKA, MOOLAMATOOM, IDUKKI. 3. ELSAMMA A.,ATTENDER, GOVT.AYURVEDA DISPENSARY,NALIYANI,KOOVAKANDOM P.O. IDUKKI, PUTHEN VEETIL, PAITTAKULAM, OLIYAPURAM, KOOTHTTUKULAM. BY ADV. SMT.MARIAMMA JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY, SCHEDULE TRIBE DEVELOPMENT DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR, DEPARTMENT OF SCHEDULE TRIBE DEVELOPMENT, VIKASBHAVAN, TRIVANDRUM. 3. THE DIRECTOR, INDIAN SYSTEM OF MEDICINE, TRIVANDRUM. 4. DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICE,INDIAN SYSTEM OF MEDICINE, IDUKKI. BY G.P.SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Appendix Petitioner's Exhibits:- P1: True copy of the Tentative Gradation List of Attenders in Government Ayurveda Dispensaries dated 1-1-2007. P2: True copy of the intimation letter No.E1.4627/08 dated 1-11-2008 from 4th respondent. P3: True copy of the representation dated 21-11-2008 of 1st petitioner. P4: True copy of G.O.(P) No.575/2008/H&FWD dated 19.11.2008 issued by Health and Family Welfare (D) Department. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 9851 of 2009 B =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 31st day of July, 2009 JUDGMENT The petitioners are Attenders in the Indian Systems of Medicine Subordinate Service. They moved the District Medical Officer, Indian Systems of Medicine, Idukki claiming promotion to the category of Pharmacist Grade-II. The said request was rejected on the ground that they do not possess the qualifications prescribed for appointment to the said post. The decision taken by the District Medical Officer was communicated to the first petitioner by Ext.P2 dated 1-11-2008. In this writ petition the petitioners challenge Ext.P2 and seek a writ a writ in the nature of mandamous commanding the District Medical Officer, Indian Systems of Medicine, Idukki to promote them to the post of Pharmacist Grade-II with all attendant benefits. 2. Pharmacist Grade-II is category No.7 in the Indian Systems of Medicine (Kerala) Subordinate Service Rules, 2008, hereinafter referred to W.P.(C) No. 9851/09 2 as the “Rules” for short. As per Rule 3 of the Rules, appointments to the category of Pharmacist Grade-II have to be made in the ratio of 1:1 by direct recruitment from the open market and by promotion from qualified Attenders/Nursing Assistants/Pharmacy Attenders in the department. The qualifications prescribed for the post of Pharmacist Grade-II (for direct recruitment and promotion) are:- i) S.S.L.C. or equivalent qualification. ii) Certificate in Ayurveda Pharmacist Course recognized by the Government of Kerala. 3. The petitioners have no case that they have passed the Certificate in Ayurveda Pharmacist Course recognized by the Government of Kerala. The writ petition proceeds on the basis that the petitioners who have passed the S.S.L.C. Examination and have and three years of service are eligible for promotion. As per the Special Rules, only those who have passed the Certificate in Ayurveda Pharmacist Course are entitled to be promoted as Pharmacist Grade-II. Therefore, the claim made by the petitioners was rightly rejected by the fourth respondent. The petitioners who are not qualified to be promoted as Pharmacist Grade-II cannot be heard to contend that they are entitled to be promoted as Pharmacist Grade-II. W.P.(C) No. 9851/09 3 I therefore hold that there is no merit in this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.