DIRECTOR OF HOMEOPATHY Vs. P. SUKUMARAN

JUDGEMENT

(1.) Respondents in OA.2317 of 2013 on the file of Kerala Administrative Tribunal at Thiruvananthapuram (for short Tribunal) filed this Original Petition challenging the order dated 28.11.2014 in O.A.2317/2013. The respondent herein is the applicant in the above Original Petition.

(2.) The applicant was working as Pharmacist Gr.II at the time of filing the OA ie on 10.10.2013. He retired from service on 31.10.2013. The applicant is aggrieved by Annexure-A7 order of the Government by which the Government held that, he is not entitled to get the benefit of Rule 9 of the Kerala Homeopathy Subordinate Service Special Rules 2011 (for short Special Rules). Facts which leads to Annexure-A7 are narrated in the following paragraphs.

(3.) Applicant was an attender in the Department of Homeopathy. Attenders were eligible for promotion as Pharmacist Gr.II, provided that they have a pass certificate obtained after successful completion of Nurse-cum-Pharmacist Training Course (Homeopathy) conducted by the Government of Kerala. Since such persons were not available, Government as per Annexure-A3 order was pleased to issue sanction to the Director of Homeopathy that the employees in the service who have qualification of SSLC and 3 years work experience may be promoted temporarily on a stop gap arrangement, under Rule 12 of the General Rule, till appointment of qualified hands are made through Public Service Commision (PSC). On the strength of the above order dated 30.9.2000, the applicant and others were promoted provisionally as Pharmacist Gr.II by Annexure-A1 order of the Director of Homeopathy. The applicant continued in that post till 31.10.2010, because no PSC hands reported for duty.