IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35509 of 2009(G) -------------------------- PETITIONER(S): --------------- G.RADHAKRISHNAN NAIR, S/O.GANGADHARAN PILLAI, 'RAJANAM'KANNIMEL NAGAR, 130,KILIKOLLUR-KOLLAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. MR.M.P.GEORGE,DRUGS CONTROLLER, GOVERNMENT OF KERALA,RED CROSS ROAD, THIRUVANANTHAPURAM. 3. THE KERALA STATE PHARMACY COUNCIL REPRESENTED BY IT'S PRESIDENT,PHARMACY BHAVAN, RED CROSS ROAD,THIRUVANANTHAPURAM. 4. DR.V.PADMAJA,PROFESSOR OF PHARMACOGNOSY, COLLEGE OF PHARMACEUTICAL SCIENCE,MEDICAL COLLEGE, THIRUVANANTHAPURAM. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35509 of 2009 (G) --------------------------------- Dated, this the 11th day of December, 2009 J U D G M E N T The petitioner claims to be the Secretary of the 3rd respondent. According to the petitioner, by Ext.P4 order dated 30/11/2009, the 2nd respondent, who assumed the Presidentship of the 3rd respondent, terminated his service for reasons which are illegal. It is stated that thereafter the 2nd respondent appointed the 4th respondent as Registrar against the provisions of Section 26 of the Indian Pharmacy Act, 1948. 2. I heard the learned Government Pleader for the 1st respondent and Shri.Ajay appearing for respondents 2 & 3. 3. From the submissions made by the learned counsel for respondents 2 & 3, it is clear that the 4th respondent has not assumed charge till date. It is also confirmed by him that the Council meeting is scheduled to be held on 15/12/2009, when the entire issues regarding termination of the petitioner and appointment of the 4th respondent is going to be deliberated and WP(C) No.35509/2009 -2- that a final decision on the issues will be taken in the said meeting. From this, it is obvious that the decision impugned in this writ petition has not attained any finality, and as the matters are scheduled to be deliberated by the Council in its meeting scheduled on 15th of this month, I dispose of this writ petition with the following directions:- That the respondents 2 & 3 shall maintain status quo as on date in so far as the continuance of the petitioner is concerned. It will be open to the Council to discuss the issues regarding the continuance of the petitioner in service and also the appointment of the 4th respondent in its meeting scheduled on 15/12/2009. Thereafter, the petitioner and the 4th respondent will be governed by the decisions that are taken in the said meeting. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg