IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 32024 of 2008(K) -------------------------- PETITIONER(S): --------------- DR. O. SREENIVASAN, DISTRICT MEDICAL OFFICER, (INDIAN SYSTEMS OF MEDICINE), KASARAGODE. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.32024 of 2008 ===================== Dated this the 31st day of October, 2008. JUDGMENT The petitioner is presently working as District Medical Officer (Indian Systems of Medicine) at Kasaragod. He belongs to Vadakakancherry in Thrissur District. The petitioner was promoted as District Medical Officer (Indian Systems of Medicine) and posted in Idukki District by Ext.P1 order passed on 14.11.2006. While he was working as Chief Medical Officer in Idukki District, by Ext.P2 order dated 24.12.2007 he was promoted as District Medical Officer and posted in Kasaragod. The petitioner submits that his wife is employed as Lecturer in the Department of Radiotherapy in the Government Medical College, Thrissur and that a vacancy of District Medical Officer (Indian Systems of Medicine) will arise at Thrissur on 30.11.2008 on the retirement of the incumbent Dr.Susheela. The petitioner further submits that seeking a transfer and posting in that vacancy, he has submitted Ext.P4 representation before the Secretary to Government, Health and Family Welfare Department and that the request made by him therein for a posting at the station where his wife is employed may be directed to be considered within a time limit to be fixed by this Court. 2. The petitioner relies on the guidelines issued by the Government which inter alia stipulate that as far as possible spouses may WP(C) 32024/08 -: 2 :- be given a posting in the same station. The petitioner also relies on the stipiulation that employees belonging to the Scheduled Castes/Scheduled Tribes should as far as possible be given a posting either in their own native districts or a district of their choice. Since the petitioner is eligible on both counts, it is only desirable that the request made by him in Ext.P4 is considered by the first respondent while filling up the vacancy of District Medical Officer (Indian Systems of Medicine) that will arise at Thrissur on the retirement of Dr.Susheela or on her promotion to the next higher post. 3. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, Health and Family Welfare Department to consider the request made by the petitioner in Ext.P4 for a posting at Thrissur in the vacancy that will arise either on the promotion or retirement of Dr.Susheela. Orders on the request made by the petitioner in Ext.P4 shall be passed before the vacancy arising on account of the retirement/promotion of Dr.Susheela is filled up. P.N.Ravindran, Judge. ess 6/11