IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 21813 of 2011(B) -------------------------- PETITIONER(S): --------------- P. RADHAKRISHNAN, HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, VANIAMPARA, THRISSUR DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY G.P.SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21813 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE CERTIFICATE DATED 23.12.2010. EXT.P2: TRUE COPY OF THE EXTRACT OF LIST CONTAINING 95 NAMES. EXT.P3: TRUE COPY OF THE REQUEST DATED 01.06.2011. EXT.P4: TRUE COPY OF THE LETTER DATED 20.06.2011 FROM THE DMOH. EXT.P5: TRUE COPY OF THE EXTRACT OF THE LIST DATED 21.07.2011. EXT.P6: TRUE COPY OF THE REQUEST DATED 06.08.2011. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.21813 of 2011 ---------------------------------------- Dated 29th August, 2011 JUDGMENT The petitioner is presently working as Health Inspector Grade II in Primary Health Centre, Vaniampara in Thrissur District. He is working there as such since 4.6.2008. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to afford a suitable posting to the petitioner to his native District Palakkad in any of the available vacancies. The further prayer is for a declaration that he is eligible for a posting to his native District Palakkad as he had already completed more than three years in another District. Contending that he is entitled to such a posting in his native District the petitioner submitted Ext.P6 representation dated 6.8.2011. The contentions raised in Ext.P6 would suggest that the request of the petitioner is for an inter-district transfer. However, the learned counsel for the petitioner submitted that in fact, it is not an inter-district transfer and it is only a mistake crept in the representation. The unit for recruitment is State and, therefore, the guidelines for inter-district transfer would not be applicable in this case. On the other hand, the learned Government Pleader, on instructions, submitted that the unit for recruitment in the case of Health Inspector WP(C).No.21813/2011 2 Grade I is State and the unit as regards Health Inspector Grade II is District. As already noticed, the representation submitted by the petitioner is now pending before the second respondent. Ext.P5 would reveal that persons belonging to Health Inspector Grade II were transferred and allotted different Districts. In fact, it is relying on the same that the learned counsel for the petitioner submitted that the transfer of personnel belonging to Health Inspector Grade II cannot be treated as inter-district transfer. In the said circumstances, the second respondent shall consider Ext.P6, in accordance with law, after looking into the relevant Government orders on the subject of transfer pertaining to the cadre of Health Inspector Grade II under the Health and Family Welfare Department. The second respondent shall pass orders on Ext.P6 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation with respect to the entitlement or otherwise of the petitioner for such a transfer. Sd/- C.T.RAVIKUMAR Judge TKS