BALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition fur a writ of mandamus to direct respondents 1 and 2 to promote the petitioner to the post of Deputy Drugs Controller, Ayurveda in the Drugs Control Department and to restrain respondents 1 and 2 from appointing any other person either by deputation or otherwise to that post. In C. M. P. No. 17816 of 1982 this Court passed an interim order on 20th August, 1982 as follows:

(2.) THE petitioner was appointed as Drugs Inspector provisionally on 5th February, 1977 although his appointment had been advised by the Public Service Commission as early as 22nd December, 1976. His appointment was made provisional for the reason that O. P. No. 3180 of 1976 was at that time pending in this Court. Subsequently with effect from 14th February, 1977 the petitioner's appointment as Drugs Inspector was regularised by Ext. P1 order dated 5th February, 1977, There are two wings in the Drugs Control Department. They are the Allopathy Wing and the Ayurveda Wing. The petitioner contends that he is fully qualified and has the requisite experience for promotion to the next higher post of Assistant Drugs Controller in the Ayurveda Wing to which he belongs, That the petitioner is fully qualified for promotion is not disputed by the respondents. But it is stated by the Government in their counter affidavit that the petitioner does not possess the requisite experience for promotion.

(3.) BY Ext. P3 the post of Assistant Drugs Controller was upgraded as Deputy Drugs Controller on a higher scale of Rs. 975-1625. Ext. P3 refers to the post of Deputy Drugs Controller as upgraded and the lower post of Drugs Inspector which is on a scale of Rs. 570-1070.