IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 1282 of 2010(I) ------------------------- PETITIONER(S): --------------- 1. G.VISWAKUMAR,S/O.P.GOPALAPILLAI, PHARMASIST (HOMEO),GOVERNMENT HOMEO DISPENSARY, VITHURA(PO),THIRUVANANTHAPURAM DISTRICT. 2. T.RAJENDRAN,S/O.THANKAPPAN,PHARMASIST (HOMEO),GOVT.HOMEO DISPENSARY,AMBOORI, THIRUVANANTHAPURAM. 3. SATHEESAN NAIR.M,S/O.MADHAVAN PILLAI, PHARMACIST (HOMEO),GOVERNMENT HOMEO DISPENSARY, VEMBAYA,KONHIRA(PO),THIRUVANANTHAPURAM DISTRICT. 4. C.BALU,S/O.CHELLAPPAN,PHARMACIST(HOMEO), GOVERNMENT HOMEO DISPENSARY,KIZHUVILAM,MADAPURAM (PO),THIRUVANANTHAPURAM DISTRICT. 5. M.VIJAYAKUMAR,S/O.MATHYAS,PHARMASIST (HOMEO),HOMEO DISPENSARY,CHENKAL,AMARAVILA(PO), THIRUVANANTHAPURAM. 6. T.R.MANOHARAN,S/O.RAGHAVAN,GOVT.HOMEO DISPENSARY KANAKERY(PO),KOTTAYAM. 7. N.M.MUHAMMED KUNJU,S/O.N.K.MUHAMMED, PHARMACIST(HOMEOPATHY),GOVT.HOMEO DISPENSARY, KALADY,MANIKKAMANGALAM(PO),ERNAKULAM DISTRICT. 8. FARID KHAN.K.M,S/O.MUHAMMED NAINAR, PHARMACIST (HOMEOPATHY),GOVT.HOMEO DISPENSARY, ERUMELI,KOTTAYAM DISTRICT. 9. C.THOMAS,S/O.P.M.CHACKO,PHARMACIST (HOMEOPATHY),GOVT.HOMEO DISPENSARY,THRIKKAKARA, ERNAKULAM DISTRICT. 10. J.SEBASTIAN,S/O.JOHN,PHARMACIST (HOMEOPATHY),GOVT.HOMEO DISPENSARY, CHENEERKARA, OMUKKAL(PO),PATHANAMTHITTA DISTRICT. 11. C.M.MUHAMMEDKUTTY,S/O.MAKKAR, PHARMACIST (HOMEOPATHY),GOVT.HOMEO DISPENSARY, THURUTHY(PO),KURUPPUMPADY(VIA),ERNAKULAM. 12. A.N.PRASANNA,W/O.SIVADASAN,PHARMACIST (HOMEOPATHY),PUTHENCHIRA,MANIYANKAVU.(PO) IRINJALAKUDA,TRICHUR DISTRICT. 13. T.R.PRASANNA,W/O.P.G.RAJAPPAN, PHARMACIST(HOMEOPATHY),GOVT.HOMEO DISPENSARY, MANAKKANDA(PO),KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVT.DEPT.OF HEALTH AND FAMILY WELFARE (HOMEOPATHY)GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMEOPATHY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 1282 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010 J U D G M E N T The petitioners were provisionally promoted as Pharmacist while working as Attenders. They are now working as such, in various homeopathic dispensaries/Hospitals under the second respondent. This writ petition has been filed with the following reliefs :- i. to issue a declaration that the petitioners are entitled to be regularised in the post of Pharmacist (Homeopathy) from the date of their appointment by Ext.P1 and P3 that they are entitled to promotion to 50% of vacancies with the same qualification as in the case of direct recruits covered by Ext.P5 judgment. ii. To issue a writ of mandamus or other writ or order directing the respondents to regularise the petitioners in the grade of Pharmacist (Homeopathy) from the date of the temporary appointment, with all consequential benefits. iii.To follow Ext.P8 draft Rules giving retrospective effect from 12.4.1999. 2. The learned Government Pleader, upon instructions, submitted that out of the 83 persons falling under the aforesaid category of the petitioners and eligible for regularisation as Pharmacists based on such services only 31 provisional promotees, including the petitioners, are remaining to be regularized in the WPC. 1282 of 2010 : 2 : said post. It is further submitted that in their case the second respondent has already forwarded his recommendation for their regularization and the matter is now pending consideration before the first respondent. In the circumstances, this writ petition is disposed of with a direction to the first respondent to consider the claim for regularization of the petitioners in the post of Pharmacist (Homeopathy) for which the second respondent has already placed his recommendations and pass orders thereon expeditiously. At any rate, it shall be done within a period of three months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) jma