IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 25862 of 2009(C) -------------------------- PETITIONER: --------------- DR.JOHNSON FRANCIS, ASST. SURGEON PHC, WANDOOR, MALAPPURAM DISTRICT, PIN-679 328. BY ADV. SRI.JOHNSON KANADAN SRI.S.KRISHNAN TAMPI SRI.THOMAS JOSEPH PALLIVATHUKAL RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY, GOVT. OF KERALA HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, MANJERI, KOZHIKODE DISTRICT. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.25862 of 2009 -------------------------- Dated this the 15th October,2009 J U D G M E N T Petitioner is an Assistant Surgeon in the Health Services Department. Though he had entered service on 22.9.2000, his probation was declared only in the year 2007 and part of the delay was because he was on leave without allowance for a period of two years. Now the petitioner has been promoted as a Civil Surgeon as per Ext.P5 order which comprehends several other persons. Petitioner has filed Ext.P6 before the Government apparently seeking re-assignment of the seniority in the cadre of Asst. Surgeon. Essentially the grievance of the petitioner arises out of a transfer which would necessarily accompany a promotion. 2. Learned Government Pleader points out that if petitioner is not desirous of a promotion, he is at liberty to relinquish the same. If the petitioner therefore reliquishes the promotion granted under Ext.P5,the Government shall consider the same and if the relinquishment is accepted , W.P ( C) No.25862 of 2009 2 the petitioner need not be transferred. Subject to the above, writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No.25862 of 2009 3 W.P ( C) No.25862 of 2009 4