JYOTHI IGNATIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) These are Writ Petitions filed by Medical Officers working in the Kerala Health Services, questioning the validity of some of the provisions contained in the Kerala Health Services (Medical Officers) Special Rules, 2010 (hereinafter referred to as "Special Rules, 2010").

(2.) Appointment of Medical Officers in the Kerala Health Services was regulated by Executive orders issued by the Government of Kerala from time to time. While so, by G.O.(P) No. 28/05/H&FWD dated 5.2.2005, Government of Kerala issued the Kerala Health Services (Medical Officers) Special Rules, 2005 (hereinafter referred to as "Special Rules, 2005"). Subsequently, certain amendments were carried out to the said rules vide G.O.(P) 1/07/H & FWD dated 2.1.2007. Based on these rules, options were called for from Medical Officers in service as on 31.12.2006, for placement in the Speciality Cadres and norms for fixing seniority were incorporated in the Appendix to the Special Rules, 2005. While so, in supercession of the Special Rules, 2005, Special Rules 2010 was published by the Government vide G.O.(P) No. 69/10/H&FWD dated 17.2.2010. These rules came into force w.e.f. 1st of January, 2007.

(3.) As per the Special Rules, 2010, the service shall consist of 5 cadres, viz., Administrative Cadre, General Cadre, Speciality Cadre, Public Health Laboratory Cadre and Blood Bank and Clinical Lab (Transfusion Medicine) Cadre. The Speciality Cadre consist of the posts of Junior Consultant, Consultant, Senior Consultant and Chief Consultant.