IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 15147 of 2008(C) -------------------------- PETITIONER: ------------ DR.P.R.SAJU, MBBS, MS, MCH AGED 40 YEARS, S/O.PUSHPARAJAN ASSISTANT PROFESSOR, UROLOGY DEPARTMENT KOTTAYAM MEDICAL COLLEGE HOSPITAL, KOTTAYAM PERMANENT ADDRESS: "KAUSHIKAM", TC 28/1169(1) PERINGANAMATAM LANE, SREEKANTESWARAM, TRIVANDRUM BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA SMT.R.R.REJITHA RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA MINISTRY OF HEALTH AND FAMILY WELFARE, HEALTH AND FAMILY WELFARE DEPARTMENT STATE SECRETARIAT, TRIVANDRUM 2. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KERALA, HEALTH DEPARTMENT TRIVANDRUM. 3. THE PRINCIPAL KOTTAYAM MEDICAL COLLEGE HOSPITAL, KOTTAYAM. 4. DR.SATHEESH KUMAR, ASSISTANT PROFESSOR MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. R1 & R2 BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. T.SANKARAN, J. ------------------------------------------------- W.P.(C) No.15147 of 2008 C ------------------------------------------------- Dated, this the 22nd day of May, 2008 JUDGMENT The grievance voiced by the petitioner is the alleged failure on the part of the respondents to give a posting to the petitioner in his home station. It is stated that it would amount to violation of Exts.P1 and P2 transfer policy. Petitioner has stated that he has declared Thiruvananthapuram (Medical College) as his home station. He has worked at Thrissur Medical College on transfer and thereafter at Calicut Medical College and again at Kottayam Medical College. The case of the petitioner is that going by the transfer policy, he is entitled to be posted back at his home station after completion of three years service outside the home station. Ext.P3 application was submitted by him. Since no action was taken by the Government on Ext.P3, the petitioner submitted Ext.P4 reminder. 2. The reliefs prayed for in the Writ Petition are the following:- “(a) Declare that the non-feasance on the part of the first respondent to consider and post the petitioner to his Home Station Viz. Trivandrum Medical College Hospital is arbitrary, discriminatory and illegal; (b) Issue a writ of mandamus or other appropriate writ, order or direction commanding the first respondent to consider Ext.P3 and P4 and post the petitioner to Trivandrum Medical College Hospital forthwith; (c) Award costs of and incidental to this WP(C) No.15147/2008 2 Petition; (d) Pass such other orders or directions as deemed fit and necessary in the facts and circumstances of the case.” 3. The petitioner confines his reliefs to relief (b). Learned Government Pleader submits that the respondents have no objection in granting the above relief. The Writ Petition is, accordingly, disposed of directing the first respondent to consider Exts.P3 and P4 after affording an opportunity of being heard to the petitioner, within a period of two months. K.T.SANKARAN, JUDGE. cks