IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 19973 of 2009(N) ---------------------------------------- PETITIONER(S): ----------------------- 1. K. ATTAKUNJU JUNIOR HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, PARATHODE, KOTTAYAM, 2. REMA DEVI S. JUNIOR HEALTH INSPECTOR GRADE II, P.H. CENTRE, KARUKACHAL, KOTTAYAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI, SMT.SABINA JAYAN. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF FAMILY HEALTH AND WELFARE,GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KOTTAYAM. 4. THE DISTRICT MEDICAL OFFICER, ALAPPUZHA. R1 TO R4 BY SR. GOVT. PLEADER MR.P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19973/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 25/08/2000 IN O.P. NO. 651/2000 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE ORDER NO.EG3-11660/2000/DHS. ETS DATED 14/09/2000 OF THE 2ND RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DATED 04/07/2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19973 OF 2009(N) -------------------------------------------------- Dated this the 9th day of June, 2010 J U D G M E N T Petitioners are Junior Health Inspector Grd.II presently posted at Parathode, Kottayam. Requesting for inter-district transfer to Alappuzha District, they have filed Exts.P3 and P4 applications. According to the petitioners, despite existence of vacancies their claims were not considered and therefore the writ petition is filed seeking an order for their transfer and posting in Alappuzha District. 2. As per the statement filed on behalf of the respondents, it is due to the non availability of the vacancies that their claim was not considered and consideration of their claim can be only against 10% quota ear marked for inter-district transferees. 3. Petitioners are now working in Kottayam District. They are aspiring for transfer to Alappuzha District. This can only be in the 10% quota ear marked for inter district transfers. Therefore, as and when the vacancies are available, their claim is liable to be considered. WPC.No. 19973/09 :2 : 4. In view of the above, I dispose of this writ petition directing that the 2nd respondent shall consider Exts.P3 and P4 applications made by the petitioners for inter-district transfer to Alappuzah on the availability of the vacancies in that quota. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/