IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20230 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------- A.N.SUNIL, S/O.NABIDEEN SAHEED, AGED 48 YEARS, VENGODE HOUSE, KUDAVOOR P.O., THIRUVANANTHAPURAM, PHARMACIST (GRADE-I), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. ADDITIONAL DIRECTOR OF HEALTH SERVICES (MEDICAL),THIRUVANANTHAPURAM-695 001. 4. RAMABHADRAN, PHARMACIST (HIGHER GRADE), DIRECTORATE OF HEALTH SERVICS, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20230/2011C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(MS) NO.230/PD DTD. 1/07/1967. P2: COPY OF THE G.O.(MS) NO.378/PD DTD. 18/12/1968. P3: COPY OF THE REPRESENTATION DTD. 21/02/2011 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. P4: COPY OF THE ORDER NO.EE4-4174/11/DHS OF THE 3RD RESPONDENT DTD. 11/05/2011. P5: COPY OF THE ORDER NO.EE4-50022/11/DHS DTD. 21/07/2011. P6: COPY OF THE REPRESENTATION DTD. 22/07/2011 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT. P7: COPY OF THE REPRESENTATION DTD. 22/07/2011 SUBMITTED BY KERALA GOVERNMENT PHARMACISTS ASSOCIATION BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.20230 OF 2011 -------------------------------------------- Dated this the 25th day of July, 2011 JUDGMENT The petitioner is working a Pharmacist Grade-II under the Department of Health & Family Welfare. The contention of the petitioner is that he is the elected President of the Kerala Government Pharmacists Association and the facutm of his election was duly intimated to the transferring authorities. Exts.P1 and P2 are the government orders which according to the petitioner provide absolute immunity from transfer to the Presidents and Secretaries of recognised associations. It is contended that recognising the said right, he was given transfer and posting as per Ext.P4. Pursuant to Ext.P4, the petitioner joined at the transferred place on 25.5.2011. The challenge in this Writ Petition is against Ext.P5 order of transfer. As per Ext.P5, the petitioner who joined at the present station on 25.5.2011 was transferred and posted to Community Health Centre Thiruvananthapuram and in his place, the fourth respondent who is much Junior to the petitioner has been transferred. Feeling aggrieved by Ext.P5, the petitioner has submitted Ext.P6 representation before the first W.P.(C) NO.20230 of 2011 2 respondent requesting to cancel Ext.P5. Admittedly, pursuant to Ext.P5 order of transfer, the petitioner was relieved and the fourth respondent has joined in his place. When this matter is taken up for consideration, the learned counsel for the petitioner sought for a direction to the first respondent to consider Ext.P6 representation expeditiously in the light of Exts.P1 and P2. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. As already noticed hereinbefore, the contention of the petitioner is that he is the elected president of the Kerala Government Pharmacists Association and by virtue of Exts.P1 and P2, he is having immunity from transfer. In the said circumstances, according to the petitioner, Ext.P4 order should not have been cancelled. Ext.P6 representation carries such grievances and claims. In view of the order I propose to pass in this Writ Petition I do not think it necessary to issue notice to the fourth respondent. Taking into account the fact that the petitioner has already preferred Ext.P6 representation raising grievances against Ext.P5 and it is still pending before the first respondent, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P6 representation taking into account Exts.P1 and W.P.(C) NO.20230 of 2011 3 P2 government orders expeditiously, at any rate, within a period of three weeks with notice to the fourth respondent. Needless to say that within three days of receipt of a copy of this judgment, the fourth respondent shall be intimated of the proposal to reconsider Ext.P5 at the instance of the petitioner in the light of this judgment and he shall be given an opportunity to file a representation in case he is having any objection against the said proposal. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.20230 of 2011 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.20230 of 2011 5