IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9851 of 2009(B)
1. K.G.SANTHAKUMARI,ATTENDER GOVT;AYURVEDAD
... Petitioner
2. ANNAMMA P.M. ATTEMDER GOVT.AYURVEDA
3. ELSAMMA A.,ATTENDER, GOVT.AYURVEDA
Vs
1. STATE OF KERALA REP.BY SECRETARY,
... Respondent
2. THE DIRECTOR, DEPARTMENT OF SCHEDULE
3. THE DIRECTOR, INDIAN SYSTEM OF MEDICINE,
4. DISTRICT MEDICAL OFFICER,
For Petitioner :SMT.MARIAMMA JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :31/07/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 9851 of 2009 B
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Dated this the 31st day of July, 2009
JUDGMENT
The petitioners are Attenders in the Indian Systems of Medicine
Subordinate Service. They moved the District Medical Officer, Indian
Systems of Medicine, Idukki claiming promotion to the category of
Pharmacist Grade-II. The said request was rejected on the ground that they
do not possess the qualifications prescribed for appointment to the said post.
The decision taken by the District Medical Officer was communicated to the
first petitioner by Ext.P2 dated 1-11-2008. In this writ petition the
petitioners challenge Ext.P2 and seek a writ a writ in the nature of
mandamous commanding the District Medical Officer, Indian Systems of
Medicine, Idukki to promote them to the post of Pharmacist Grade-II with
all attendant benefits.
2. Pharmacist Grade-II is category No.7 in the Indian Systems of
Medicine (Kerala) Subordinate Service Rules, 2008, hereinafter referred to
W.P.(C) No. 9851/09 2
as the “Rules” for short. As per Rule 3 of the Rules, appointments to the
category of Pharmacist Grade-II have to be made in the ratio of 1:1 by
direct recruitment from the open market and by promotion from qualified
Attenders/Nursing Assistants/Pharmacy Attenders in the department. The
qualifications prescribed for the post of Pharmacist Grade-II (for direct
recruitment and promotion) are:-
i) S.S.L.C. or equivalent qualification.
ii) Certificate in Ayurveda Pharmacist Course recognized
by the Government of Kerala.
3. The petitioners have no case that they have passed the Certificate
in Ayurveda Pharmacist Course recognized by the Government of Kerala.
The writ petition proceeds on the basis that the petitioners who have passed
the S.S.L.C. Examination and have and three years of service are eligible for
promotion. As per the Special Rules, only those who have passed the
Certificate in Ayurveda Pharmacist Course are entitled to be promoted as
Pharmacist Grade-II. Therefore, the claim made by the petitioners was
rightly rejected by the fourth respondent. The petitioners who are not
qualified to be promoted as Pharmacist Grade-II cannot be heard to contend
that they are entitled to be promoted as Pharmacist Grade-II.
W.P.(C) No. 9851/09 3
I therefore hold that there is no merit in this writ petition. The writ
petition fails and is accordingly dismissed.
P.N.RAVINDRAN,
JUDGE.
mn.