IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5212 of 2008(U) ------------------------- PETITIONERS: ------------ 1. DR.LAWRENCE LOTUS, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, ALANKODE ALANKODE P.O., MALAPPURAM DISTRICT. 2. DR.K.VENUKUMAR, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, PERUMPADAPPU, AYIROOR P.O., MALAPPURAM DISTRICT. 3. DR.S.SUNILKUMAR, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, PAYYAVOOR, KANNUR DISTRICT. 4. DR.K.R.SALINA, MEDICAL OFFICER, (NON-CADRE), GOVT.HOMOEO DISPENSARY, PALLICHAL, VEDIVACHANCOIL P.O., THIRUVANANTHAPURAM. 5. DR.N.PADMINI, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO HOSPITAL, KARAKULAM, THIRUVANANTHAPURAM. 6. DR.ASHADEVI L., MEDICAL OFFICER, (NON-CADRE), GOVT.HOMOEO DISPENSARY, KUNNUMMAL, PERINTHALMANNA (VIA), KAKKATTIL, KOZHIKODE DISTRICT. 7. DR.USHA GOPALAKRISHNAN, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, BHARANIKAVU, PALLICKAL P.O., ALAPPUZHA. 8. DR.A.M.BAKKAR, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, VARAVOOR, THALI P.O., THRISSUR DISTRICT. 9. DR.K.CHANDRASOBHA, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEOA DISPENSARY, PATTANAKKAD, CHERTHALA, ALAPPUZHA DISTRICT. WP(C).No. 5212 of 2008 -2- 10. DR.B.GEETHAMMA, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY MAVELIKKARA, KARIPUZHA P.O., ALAPPUZHA DISTRICT. 11. DR.KUMARI ANITHA, MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, PANDALAM, PATHANAMTHITTA DISTRICT. 12. DR.MOHAMED ZAKIRALI A.T., MEDICAL OFFICER (NON-CADRE), GOVT.HOMOEO DISPENSARY, RAJAPURAM, RAJAPURAM P.O., KASARAGOD DISTRICT. 13. DR.N.SUKU, MEDICAL OFFICER (NON CADRE) GOVT.HOMOEO DISPENSARY, POZHUTHANA, WAYANAD DISTRICT. 14. DR.JUWEL M.S., LOWER DIVISION CLERK, DIRCTORATE OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM - 23. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. THE DIRECTOR, DIRECTORATE OF HOMOEOPATHY, THIRUVANANTHAPURAM - 35. 3. THE STATE MISSION DIRECTOR, NATIONAL RURAL HEALTH MISSION (N.R.H.M), AVOSYA KERALOM, THIRUVANANTHAPURAM - 35. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 5212 of 2008 -------------------------- Dated this the 13th February, 2008 J U D G M E N T Petitioners are presently working as Medical Officers (non-cadre) in the Government Homoeopathy Dispensary except the 14th petitioner who is working as Lower Division Clerk. They submit that they are qualified for being considered for appointment by transfer to the post of Medical Officers in the Department of Homoeopathy. Petitioners refer to Exhibit P2 order by which temporary promotions were effected to the post of Medical Officers (non-cadre) in the year 2002. It is submitted that there are now 62 vacancies of Medical Officers in the Homoeopathy Department and that Special Rules contemplate appointment either by direct recruitment or by transfer. Apparently, no other mode of recruitment is contemplated. 2. Petitioners have brought these facts to the notice of the 2nd respondent vide Exhibits P3 and P5. W.P ( C) No. 5212 of 2008 2 Having heard the learned counsel for the petitioner Dr.K.P.Satheesan and the learned Government Pleader and having perused the averments in the writ petition as also Exhibits P3 and P5, this writ petition is disposed of directing the 2nd respondent to consider Exhibits P3 and P5, in the light of Special Rules and take a decision thereon, within a period of one month from the date of receipt of a copy of this judgment, taking note of Exhibit P2 also. (V.GIRI, JUDGE) ma W.P ( C) No. 5212 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007