IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19184 of 2010(W) -------------------------- PETITIONER(S): --------------- THANKAMONY.E., LABORATORY TECHNICIAN, GENERAL HOSPITA, THIRUVANANTHAPURAM (ON ORDERS OF TRANSFER TO PATHANAMTHITTA) BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEATH SERVICES, DIRECTORATE,THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH,THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 5. BABY.K.S., LABORATORY TECHNICIAN, GENERAL HOSPITAL,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ARAVIND BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19184 OF 2010 (W) -------------------------------------------------- Dated this the 21st day of June, 2010 J U D G M E N T By Ext.P3 order of the District Medical Officer, the petitioner was allotted to Director of Health Services for posting at District Vector Control Unit, Pathanamthitta. A reading of Ext.P3 order shows that such an order was passed on the basis that the petitioner is a junior most Lab Technician in Thiruvananthapuram District. Referring to Ext.P1, learned counsel for the petitioner submits that the petitioner is not the junior most and that therefore Ext.P3 oder is illegal. 2. However, a reading of Ext.P1 shows that the petitioner draws comparison with Lab Technician Grd.II and Lab Technician Higher Grade and not with Lab Technician Grd.I, the category to which she belongs. Therefore Ext.P1order relied on by the petitioner does not indicate the seniority position in order to conclude that the petitioner is not the junior most Lab Technician. Therefore I am not persuaded to interfere with the impugned order. WPC.No. 19184/2010 :2 : 3. Be that as may, petitioner submits that she has filed Ext.P6 appeal before the first respondent and that the same is pending. Consequently it is directed that the respondent shall consider the same and pass orders on Ex.P6. This shall be done as expeditiously as possible and at any rate within 8 weeks from the production of a copy of the judgment along with a copy of this writ petition. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/