IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 20645 of 2010(E) -------------------------- PETITIONER: --------------- DR.SURA SREE JATHAN.C, CONSULTANT (GENERAL SURGERY), TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY, KOLLAM (NOW UNDER ORDERS OF TRANSFER TO TALUK HOSPITAL, KAYAMKULAM, ALAPPUZHA DIST.) BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM-691 001. 4. DR.NEETHA.K., CONSULTANT (GENERAL SURGERY), TALUK HOSPITAL, KAYAMKULAM, ALAPPUZHA DIST.-690502 (NOW UNDER ORDERS OF TRANSFER TO TALUK HEADQUARTERS HOSPITAL, KARUNAGAPPALLY, KOLLAM). BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 20645 OF 2010 -------------------------- Dated this the 14th day of July, 2010 J U D G M E N T The petitioner is a Consultant in General Surgery. He was posted at Kollam and from there, by Ext.P2 order, he was transferred and posted to Taluk Headquarters Hospital, Karunagappally. Subsequently, by Ext.P5 order, he was again transferred and posted to Taluk Hospital, Kayamkulam and the fourth respondent was posted to Taluk Headquarters Hospital, Karunagappally and it was thereupon, the writ petition was filed. 2. According to the learned Government Pleader, the fourth respondent who was posted to Taluk Hospital, Kayamkulam had filed an appeal against her posting. It is stated that considering the appeal and the option exercised by her and also giving credit to her seniority, the fourth respondent was posted to Taluk Headquarters Hospital, Karunagappally. When this submission was made, the counsel for the petitioner disputed the submission of the learned Government Pleader that the fourth respondent had opted for Taluk Headquarters Hospital, Karunagappally. Thereupon, by order dated 6.7.2010, the learned Government Pleader was directed to produce the option exercised by the fourth WPC No.20645/2010 2 respondent. In compliance thereof, the learned Government Pleader has produced the option exercised by the fourth respondent. From this, it is seen that the second station opted by the fourth respondent was Taluk Headquarters Hospital, Karunagappally. If that be so, having regard to the option exercised and her seniority, the order positing the fourth respondent to Karunagappally cannot be faulted. The writ petition fails and it is dismissed. ANTONY DOMINIC (JUDGE) vps WPC No.20645/2010 3 WPC No.20645/2010 4