IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26322 of 2010(M) -------------------------- PETITIONER(S): --------------- RAJALEKSHMI.G.R, SENIOR LECTURER IN PHARMACY, MEDICAL COLLEGE, KOZHIKODE. BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE HEALTH SECRETARY, DEPT OF HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, HEAD OFFICE, POOJAPURA, THIRUVANANTHAPURAM. BY G.P.SRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.26322 of 2010 ---------------------------- Dated 20th August, 2010 JUDGMENT The petitioner is presently working as Senior Lecturer in the Department of Pharmacy in Medical College, Kozhikode. Admittedly, the said post has now been re-designated as Assistant Professor. After completion of five years in Medical College, Kozhikode, the petitioner has submitted an application for transfer to Medical College, Kottayam. After considering the request for transfer, Ext.P2 draft proposal has been published by the second respondent. In Ext.P2, the name of the petitioner figures at Sl.No.1. It would also reveal that she is entitled to get a protection rather concession by virtue of being an inter-caste married person. The remarks made in Ext.P2 would further reveal that the petitioner is eligible for transfer and accordingly she has been recommended for transfer to the existing open vacancy at Medical College, Kottayam. The grievance of the petitioner is that despite the issuance of Ext.P2 draft proposal, ignoring the same ,Ext.P3 has been issued by the first respondent on 3.8.2010 whereby persons who have been assigned ranks below the petitioner in Ext.P2 have been given favourable orders of transfer. In the said circumstances, aggrieved by Ext.P3 the petitioner has already approached the first respondent by WP(C).No.26322/2010 2 filing Ext.P4. Despite the receipt of Ext.P4, no action has so far been taken, it is submitted. Though Ext.P2 draft proposal has not been finalised, evidently the same was acted upon and persons who are placed below the petitioner in the said list have been given favourable orders of transfer and it would further reveal that one such junior has been given a transfer and posting at Medical College, Kottayam itself. Admittedly, the post held by the petitioner has been re-designated as Assistant Professor. Therefore, there is no reason for declining the claim of the petitioner and preferring the other persons in the matter of transfer. However, the learned counsel for the petitioner submitted that open vacancies are still available in Medical College, Kottayam to accommodate the petitioner. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to consider Ext.P4 and pass orders thereon in the matter of request of the petitioner for transfer and posting to Medical College, Kottayam in the light of Ext.P2. This shall be done within a period of one month from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS