Judgment :-

R.V. Raveendran, J.

The appellant is a Pharmacist (Homeopathy) in the Homeopathy Department of State of Kerala. The Kerala State Homeopathy Services are governed by the 'Special Rules for the Kerala State Homeopathy Services, 1989 ('Special Rules', for short). All subordinate services in the State of Kerala including the State Homeopathy Services are also governed by the Kerala State and Sub-ordinate Services Rules, 1958 ('General Rules' for short).

2. Rule 3 of the Special Rules provides that the method of appointment to different categories of posts shall be in the manner specified in the Table given under the said rule. Entry No. 5 in the said Table relating to Medical Officers (inserted by G.O. dated 27.5.1999, with effect from 12.4.1999) is extracted below:

Category of Post Method of appointment Medical Officer 1. By direct recruitment

2. By transfer from the category of Nurse (Homeopathy)

3. By transfer from the category of Pharmacist (Homeopathy)

4. By transfer from the category of Clerks (Homeo Department) Note: 1. A ratio of 5:1:1:1 shall be maintained in making appointments between direct recruitment, transfer from Nurses (Homeopathy), Pharmacist (Homeopathy) a