IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 5294 of 2007(E) ----------------------------------- PETITIONER(S): ------------------------ DR. T.V.PADMANABHAN, CIVI SURGEON, DISTRICT HOSPITAL, KASARAGOD AT KANHANGAD P.O. BALLA, KASARAGOD DISTRICT, PIN-671531. BY ADV. MR.T.K.VIPINDAS RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE DIST. MEDICAL OFFICER (HEALTH), KASARAGOD AT KANHANGAD, BALLA P.O., KASARAGOD DISTRICT, PIN-671 531. 5. DR.P.V. ABDULLAH, DEPUTY DISTRICT MEDICAL OFFICER (HEALTH), KASARAGOD AT KANHANGAD, P.O. BALLA, PIN-671 531. ADDL. R6 IMPLEADED 6. KASARAGOD DISTRICT PANCHAYATH, REP.BY SECRETARY, ADDL. R6 IMPLEADED AS PER ORDER DT. 19.2.07 IN IA.3564/2007. BY GOVT.PLEADER MR.ANTONY MUKKATH ADV. MR.M.SASINDRAN FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5294/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN WPC. 18502/05 DT. 21.6.05. P2:- COPY OF THE INTERIM ORDER IN HRMP 4028/06 OF THE KERALA DISTRICT PANCHAYATH AUTHORITY DT. 29.12.06. P3:- COPY OF THE MEMORANDUM SUBMITTED BY THE DOCTORS BEFORE THE DISTRICT PANCHAYATH DT. 15.1.07. P4:- COPY OF THE ORDER OF THE IST RESPONDENT DT. 9.2.06. P5:- COPY OF THE LETTER SENT BY THE HEALTH MINISTER TO THE PETITIONER DT. 8.11.06. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5294/2007-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of March, 2009 J U D G M E N T The petitioner approached this Court challenging Ext.P4 order of transfer. As per Ext.P4, the petitioner was transferred from District Hospital Kanhangad to Taluk Head Quarters Hospital, Kasaragod. This Court on 21/02/2007, after hearing the parties passed an order that the petitioner will be posted as Civil Surgeon in the District Hospital, Kanhangad, since one vacancy of Civil Surgeon in Paediatrics was available there. This Court had further directed the respondent to comply with the interim order within a week. In the light of the said interim order, no further orders are called for in the writ petition. Therefore, the same is closed. (T.R. Ramachandran Nair, Judge.) ms K.K.DENESAN, J. ========================= WP(C).No.5294 OF 2007-E. ========================= Dated this the 21st day of February, 2007. O R D E R Notice to the respondents by speed post. 2. The petitioner is a Civil Surgeon in Paediatrics. Government Pleader, on instructions, submits that the statement made by the petitioner that one vacancy of Civil Surgeon in the speciality of Paediatrics is available in the District Hospital, Kanhangad is correct. 3. Since the 5th respondent has already taken charge as Superintendent and since the vacancy of a Civil Surgeon in Paediatrics is available in the District Hospital, Kanhangad it will be in the interest of the hospital as well as that of the petitioner to post him as Civil Surgeon in the District Hospital, Kanhangad. Ordered accordingly. This arrangement will not, in any way, adversely affect the relationship between the District Panchayat and the District Hospital authorities because respondent No.5 will be functioning as the Superintendent of the hospital. This interim order shall be complied with by the respondents, within one week. K.K.DENESAN, JUDGE. kvs/-