This writ petition seeks direction for promotion to the post of Pharmacist and approval of Draft Special Rules. As this is a litigation reinstatement, the Court directed the Government to consider the petitioners' representation within three months.
Directing the first respondent (Secretary) to consider and pass appropriate orders on Ext. P7 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933
WP(C).No. 18535 of 2011(N)
PETITIONERS:
BY ADV. MR. C.A.CHACKO
MR. P.A.DILEEP
RESPONDENTS:
BY SENIOR GOVERNMENT PLEADER MR. E. M. ABDUL KHADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 18535 OF 2011
APPENDIX
PETITIONERS' EXHIBITS :
EXT. P1 : TRUE COPY OF GO (MS) 161/84/HD DATED 21.06.1984 EXT. P2 : TRUE COPY OF G.O. DATED 12.04.1999 EXT. P3 : TRUE COPY OF THE DRAFT SPECIAL RULES EXT. P4 : TRUE COPY OF THE COMMUNICATION DATED 12.04.2006 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT. P5 : TRUE COPY OF THE REPRESENTATION DATED 20.05.2010 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. EXT. P6 : TRUE COPY OF JUDGMENT DATED 27.09.2010 IN W.P.(C) NO. 29634 OF 2010 OF THIS HON'BLE COURT. EXT. P7 : TRUE COPY OF REPRESENTATION DATED 26.11.2010 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT. P8 : TRUE COPY OF ACKNOWLEDGEMENT CARD FOR RECEIPT OF EXT. P7
/TRUE COPY/
P.A. TOJUDGE
P.R. RAMACHANDRA MENON J.
W.P (C) No . 18535 of 2011
Dated, this the 27th October, 2011
JUDGMENT
The petitioners have approached this Court with the following
prayers :
i. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents to promote the petitioners to the post of Pharmacist forthwith with retrospective effect.
ii. issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents 1 & 2 to take immediate steps to approve and finalize Ext. P3 Draft Special Rules.
iii. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the 2nd respondent to consider and pass orders on Ext. P7 forthwith;
and
iv. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.
The learned counsel for the petitioners submit that, the petitioners
W.P. (C) No. 18535 of 2011
: 2 :
preferred Ext. P7 representation dated 26.11.2010 before the first respondent accordingly and the same is still to be considered, which hence is under challenge in this writ petition.
The petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.
P. R. RAMACHANDRA MENON, JUDGE
kmd
2 issues framed by the court
Whether to direct the Government to consider the petitioners' representation for promotion to the post of Pharmacist.
Whether to set a time limit for the Government to pass orders on the representation.
SIVADAS.K
MOHAMMED SAJI.S
UNNI.P
STATE OF KERALA
THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT
THE DIRECTOR OF HOMEOPATHY
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
