IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17347 of 2007(M)
1. SREELATHA I.,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DRUGS CONTROLLER,
For Petitioner :SRI.B.RAGUNATHAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :12/11/2007
O R D E R
V.GIRI,J.
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W.P ( C) No. 17347 of 2007
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Dated this the 12th November, 2007
J U D G M E N T
The petitioner, who is working as U.D.Typist in the office
of the Drugs Inspector, Palakkad seeks a category change and
appointment to the post of U.D.Clerk. It is contended that she
was earlier appointed as U.D Clerk on 8.12.2005 by Exhibit-P1
order. While so, the Junior Superintendent of the Department
who was on deputation was repatriated to the parent
department and this was followed by reversion in the posts of
Junior Superintendent, Head Clerk and U.D. Clerk. Petitioner
was therefore sent back to the post of U.D. Typist as per Exhibit-
P2 order and after the reversion of the petitioner when a
retirement vacancy of Junior Superintendent arose, in that
vacancy the Junior Superintendent and the Head Clerk who
were reverted under Exhibit-P2 order were later promoted.
According to the petitioner, she alone was not given a category
change to the post of U.D.Typist vide Exhibit-P8 order which
came to be passed pursuant to the direction issued by this Court.
It is mentioned that petitioner will be considered again to the
vacancy which was then scheduled to arise on 28.2.2007 on
W.P ( C) No. 17347 of 2007
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account of the retirement of Smt. M.J. GRacy from the post of
Administrative Assistant. This was in recognition of the fact that
every sixth vacancy in the post of U.D.Clerk has to be filled up by
category change from the general category. That has not been
done so far, contends the petitioner. According to the
petitioner, there are 41 posts of U.D.Clerks in the Drugs Control
Department at present. There is only one Typist who has been
appointed as Clerk on a category change on the basis of the
provisions contained in the Government Order G. O (MS )
No.301/68/PD dated 25.9.1968. Petitioner contends that she is
senior and qualified to be appointed to the cadre of U.D.Clerk.
In the circumstances, she contends that she is entitled to be
appointed as U.D. Clerk on category change, at any rate, she
should have been accommodated in a vacancy which arose on
28.2.2007 on account of the retirement of the incumbent. It is
also contended that, as evidenced by Exhibit-P1, another
vacancy in the post of U.D.Clerk arose consequent upon the
promotion of Junior Superintendent to the post of Stores
Superintendent and consequential promotion of the seniormost
U.D.Clerk to the post of Stores Superintendent, on 17.5.2007.
W.P ( C) No. 17347 of 2007
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2. In a counter affidavit filed by the 2nd respondent,
petitioners eligibility as such to be posted as U.D Clerk on
category change is not denied. But it is contended that a
clarification has been sought for from the Administrative
Department as to the manner in which the Government Orders
regulating the appointment of U.D.Typists as U.D.Clerks by
category change is to be implemented. The Department is now
in the final stages of processing the petitions received from the
Clerks and Typist in the Department and a list will be drawn up.
Posting will be granted and category change will be permitted by
taking note of the date of occurrence of the vacancy as well.
3. I heard the learned counsel for the petitioner Mr.
B.Raghunathan and the Senior Government Pleader Sri.
Nandakumar also.
4. I take note of the fact that there are 41 vacancies in
the post of U.D.Clerks in the Drugs Control Department and
there is no dispute that every 6th vacancy will have to go to
U.D.Typist who is otherwise eligible for appointment to the post
of U.D.Clerk by category change. There also seems to be no
denial that there is only one person, at present working in the
W.P ( C) No. 17347 of 2007
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Drugs Control Department, who is appointed on category change
from the post of U.D. Typist to the post of U.D Clerk. In the
circumstances, the 2nd respondent is directed to pass orders
regarding the petitioner’s claim for appointment as U.D.Clerk
for category change to the Drugs Control Department, within
one month from the date of receipt of a copy of this judgment,
taking note of the observations in the judgment. The writ
petition is disposed of as above.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 17347 of 2007
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007
