IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 18697 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ 1. VINOJ C.J., UPPER DIVISION CLERK, MEDICAL COLLEGE CHEST HOSPITAL, THRISSUR. 2. SIMI G.VISWOM, LOWER DIVISION CLERK, MEDICAL COLLEGE CHEST HOSPITAL, THRISSUR. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY HEALTH SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 2. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THRISSUR.PIN-680 009 3. THE ADMINISTRATIVE OFFICER, GOVERNMENT MEDICAL COLLEGE, THRISSUR.PIN-680 009 4. THE SUPERINTENDENT, MEDICAL COLLEGE CHEST HOSPITAL, THRISSUR.PIN-680 009 5. BIPIN P., LOWER DIVISION CLERK, MEDICAL COLLEGE HOSPITAL, THRISSUR.PIN-680 009 6. ATMARAJ B., LOWER DIVISION CLERK, MEDICAL COLLEGE HOSPITAL, THRISSUR.PIN-680 009 R1 TO R4 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18697/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.E27955/2011/MCTCR DATED 20/06/2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE DELEGATION OF POWERS TO THE A.O.OF THE MEDICAL COLLEGE. R3(B) COPY OF THE ORDER DATED 13/11/2009 OF THE A.O. /TRUE COPY/ P.A.TO.JUDGE sts C.T. RAVIKUMAR, J. = = = = = = = = = = = = = W.P(C) No.18697 of 2011-J. = = = = = = = = = = = = = Dated this the 8th August, 2011. J U D G M E N T The petitioners are presently working respectively as Upper Division Clerk and Lower Division Clerk in Medical College Chest Hospital, Thrissur. This writ petition has been filed challenging Ext.P1 order dated 20.6.2011 whereby they were transferred from the Chest Hospital, Thrissur to the Government Medical College, Thrissur. Admittedly, the said two hospitals are under the control of the Principal, Government Medical College, Thrissur and in fact, they lie within the very same campus. 2. The petitioners contend that the authority who passed Ext.P1 order of transfer viz., the Administrative Officer of the Government Medical College, Thrissur is incompetent to issue the same. Though such a power vests with the first and second respondents, the 3rd respondent Administrative Officer is not having any control over all the W.P(C) No.18697/2011-J. 2 other institutions that lie in the campus. 3. A statement has been filed in this writ petition by the 3rd respondent. Along with the said statement the 3rd respondent has produced Annexure-R3(a) which would reveal that certain powers of the Principal to allot and change the sections of non-gazetted officers of the institutions under the Medical College, Thrissur have been delegated to the Administrative Officers of the Medical Colleges. The learned Government Pleader submitted that in the light of Annexure-R3(a) the petitioners cannot be heard to contend that the 2nd respondent is incompetent to issue Ext.P1 order. In view of the order I propose to pass, I do not think it necessary to consider any of the contentions including the aforesaid contention on merits at this stage. The petitioners can raise all such contentions and also their grievances against Ext.P1 before the Director of Medical Education and that authority is competent to consider such contentions and pass appropriate orders. In that view of W.P(C) No.18697/2011-J. 3 the matter, this writ petition is disposed of granting liberty to the petitioners to move the Director of Medical Education raising such contentions and also their grievances against Ext.P1 order. They may do so within ten days from the date of receipt of a copy of this judgment. In case they prefer such representations within the above stipulated time, the Director of Medical Education shall consider them and pass appropriate orders thereon within six weeks from the date of receipt of such representation, with notice to the persons who are likely to be affected. The writ petition is disposed of with the above direction. C.T. RAVIKUMAR, (JUDGE) Kvs/-