S ABDUL JALEEL, ATTENDER; T R MANOHARAN, PHARMACIST; N M MUHAMMED KUNJU Vs. STATE OF KERALA; DIRECTOR OF HOMOEOPATHY; KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioners entered service in Homoeopathy Department as Peons. Second and third petitioners are now working on provisional basis as Pharmacists. They aspire for regular promotion to the post of Pharmacist. Ext.P2 is the special rules. According to the petitioners, revised special rules are now in the pipeline and they are referring to Exts.P6 and P7 in this regard. It is stated that by Ext.P9 judgment rendered by this court in WP (c).No.34634/2007, the respondents have already been directed to finalise the revised Special Rules and that in the meanwhile steps are taken to fill up the available posts by applying Ext.P2 special rules. It is with this grievance that this writ petition is filed.

(2.) Respondents have filed a counter affidavit. According to the respondents Ext.P2 is the special rules which govern the field now. It is stated that although process of amending the special rules have already been initiated, orders amending the rules have been not been issued so far. According to the respondents in the meanwhile they are entitled to fill up the posts and the petitioners cannot prevent the respondents from filling up the post applying the rules which are in force so far.

(3.) Admittedly, the special rules now in force is Ext.P2. Therefore, even if an amendment or revision is to be effected, until the revision is effected the available posts will have to be filled up, applying the special rules which are in force. Therefore, the respondents cannot be stopped from proceeding with the matter.