IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 28119 of 2010(L) ---------------------------------- PETITIONER: --------------- SANTHOSH T.G., AGED 39 YEARS, THONDUCHIRAYIL HOUSE, THAICKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT, NOW WORKING AS NURSING ASSISTANT GR.II, DISTRICT AYURVEDA HOSPITAL, KALPAKAMCHERI P.O., VALAVENNUR, MALAPPURAM DISTRICT. BY ADV. MR.V.M.KRISHNAKUMAR MRS.P.A.ANITHA RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINES, MALAPPURAM. 4. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, O/O.PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. ADV.MR. ALEXANDER THOMAS – SC MR. ARAVINDA KUMAR BABU T.K. - GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.28119 OF 2010 ------------------------------- Dated this the 13th day of September, 2010 J U D G M E N T The petitioner is working as a Nursing Assistant Gr.II in the District Ayurveda Hospital, Malappuram. The petitioner claims promotion as Pharmacist Gr.II, which according to the petitioner, the petitioner is entitled to, in view of Rule 13A (I) (b) of the Kerala State and Subordinate Service Rules. The petitioner therefore seeks the following reliefs: “I. issue a writ in the nature of mandamus commanding the respondents to consider the case of the petitioner for promotion to the post of Pharmacist grade II in the Indian System Medicines, taking in to account of Rule 13A(I)(b) of KS & SSR within a time limit that may be fixed by this Hon'ble court. ii) issue a writ in the nature of mandamus commanding the respondents not to make any temporary appointment or direct appointment to the post of Pharmacist Gr.II in the Indian System Medicines, of persons who does not have the necessary qualification as per the Special Rules” 2. I have heard the learned Government Pleader also. 3. An identical question was considered by a learned Judge of this Court in W.P.(c)No.13344/2010 which reads as follows: W.P.(c)No.28119/10 2 “The petitioner is a Pharmacy Attender, aspiring promotion to the post of Pharmacist Grade-II. The Special Rules were amended with effect from 19/11/2008 and the grievance of the petitioner is that in respect of vacancies, which are available prior to 19/11/2008 also, applying the Special Rules as amended, vacancies are proposed to be filled up. It is with this grievance, this writ petition is filed. 2. Amendment to the Special Rules was made only on 19/11/2008. If any vacancy was available prior to that date, those vacancies will have to be ascertained and filled up on the basis of the Special Rules as it prevailed on that date, namely, the unamended Rules. Therefore, if prior to 19/11/2008 vacancies were available and the petitioner is eligible in terms of the unamended Rules, certainly the claim of the petitioner is liable to be considered. Therefore, this writ petition is disposed of directing the 1st respondent to consider the claim of the petitioner for promotion to the post of Pharmacist Grade-II, in the light of the above observations. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above” In the above circumstances, this writ petition is also disposed of in terms of that judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.28119/10 3 W.P.(c)No.28119/10 4