IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22214 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ 1. DR.JASMIN L.B., W/O.BENNET XYLEN P., AGED 45 YEARS, CHRIST BHAVAN, PRA 87 PADMA VILASAM LANE, PEROORKADA,THIRUVANANTHAPURAM-695005 (ASSISTANT PROFESSOR, DEPARTMENT OF OPHTHALMOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM). 2. DR.SIMON GEORGE, AGED 40 YEARS, S/O.P.S.GEORGE, GV B7, RAJEEV SHYLAJA LANE, NALANCHIRA P.O., THIRUVANANTHAPURAM-695015 (ASSOCIATE PROFESSOR, DEPARTMENT OF OPHTHALMOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM). BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. 3. MEDICAL COLLEGE, THIRUVANANTHAPURAM REPRESENTED BY ITS PRINCIPAL.PIN-695 001 4. DR.CHITRA RAGHAVAN, ASSOCIATE PROFESSOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695001. 5. DR.ACCAMMA MAMMAN, ASSISTANT PROFESSOR, MEDICAL COLLEGE, ALAPPUZHA.PIN-688 001 R1 TO R3 BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.22214/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PROCEEDINGS OF THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM. P2 COPY OF THE PROCEEDINGS DATED 23/8/2006 OF THE 2ND RESPONDENT. P3 COPY OF THE LETTER DATED 4/8/2009 SENT BY THE 2ND RESPONDENT TO THE ACCOUNTANT GENERAL. P4 COPY OF THE PROCEEDINGS DATED 19/8/2009 OF THE 2ND RESPONDENT. P5 COPY OF THE ORDER DATED 12/10/2001 OF THE 2ND RESPONDENT. P6 COPY OF THE ORDER DATED 4/5/2005 OF THE 2ND RESPONDENT TRANSFERRING THE PETITIONER TO MEDICAL COLLEGE, THIRUVANANTHAPURAM. P7 COPY OF THE ORDER DATED 20/8/2010 OF THE 1ST RESPONDENT. P8 COPY OF THE NOTIFICATION INVITING APPLICATIONS FOR TRANSFER DATED 26/11/2010. P9 COPY OF THE DRAFT PROPOSAL OF TRANSFER ORDER AT THE DEPARTMENT OF OPHTHALMOLOGY. P10 COPY OF THE GO(P)NO.1/2005/P&ARD DATED 4/1/2005. P11 COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER. P12 COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22214 of 2011-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011. JUDGMENT The petitioners apprehend transfer from the Medical College, Thiruvananthapuram to accommodate the fifth respondent. Ext.P9 is the provisional list for transfer and postings 2011, in the Department of Opthalmology, whereby the fourth respondent was proposed to be transferred out to accommodate the fifth respondent. It is the case of the petitioners that the fourth respondent filed a representation claiming the benefit of inter caste married couple and in the light of the above, it is apprehended that any of the petitioners will be transferred out. 2. Learned Govt. Pleader on getting instructions submitted that so far final orders have not been issued. 3. Learned counsel for the petitioners brought to my notice the judgment of this Court in a batch of cases in W.P.(C) No.5237/2011 and connected cases wherein this Court has directed the Government to consider various matters including the modification of the relevant terms of the transfer norms. A direction was issued to consider all matters within a period of three months. It is therefore pointed out that in the light of the wpc 22214/2011 2 direction therein, at this stage the proposal as per Ext.P9 cannot be finalised. 4. Evidently, Ext.P9 proposal has not been finalised. The petitioners' names are not shown in Ext.P9 even in the remarks column. Therefore, if a revised proposal, if any, is being made to transfer the petitioners also, they will be given due opportunity to submit their objections in the matter, before finalising Ext.P9. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/