IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18363 of 2010(U)
1. PRAKASAN KATTUMUNDA, AGED 40 YEARS,
... Petitioner
2. P.SHAJI, AGED 40 YEARS, PALLIYALIL HOUSE
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/06/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.18363 of 2010 (U)
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Dated, this the 14th day of June, 2010
J U D G M E N T
The petitioners are working as Attender Gr.II, 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 petitioners 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 petitioners are eligible in terms of the
unamended Rules, certainly the claim of the petitioners is liable to
be considered.
WP(C) No.18363/2010
-2-
Therefore, this writ petition is disposed of directing the 2nd
respondent to consider the claim of the petitioners 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.
Sd/-
(ANTONY DOMINIC, JUDGE)
jg
//TRUE COPY//
PA TO JUDGE.