IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 19669 of 2011(G) -------------------------- PETITIONER(S): ---------------------- O.R.VIKRAMAN, TECHNICAL ASSISTANT GRADE II, DISTRICT MEDICAL OFFICE OF HEALTH, PALAKKAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): ----------------------- 1. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 2. DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, KOZHIKODE-673 008. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19669 of 2011(G) ------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF PRELIMINARY TRANSFER ORDER DT. 17.12.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P2. COPY OF FINAL TRANSFER LIST ISSUED BY THE 1ST RESPONDENT DT. 30.4.2011. EXT.P3. COPY OF JUDGMENT DT. 10.5.011 IN WPC NO.13250/2011 EXT.P4. COPY OF REPRESENTATION DT. 13.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5. COPY OF ORDER DT. 25.5.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P6. COPY OF APPLICATION FOR A MUTUAL TRANSFER DATED 25.6.2011. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 19669 OF 2011 -------------------------------------------- Dated this the 12th day of August, 2011 JUDGMENT The petitioner was working as Technical Assistant Grade-II in the District Medical Office of Health, Palakkad. Earlier, aggrieved by Ext.P2 order of transfer, the petitioner approached this Court by filing W.P.(C). No.13250 of 2011. The said Writ Petition was disposed of as per Ext.P3 judgment dated 10.5.2011 granting liberty to the petitioner to file a fresh representation and directing the first respondent to consider the same within the time stipulated thereunder. Subsequently, Ext.P5 order was passed whereby the claim of the petitioner for retention in Palakkad District was rejected. It is stated therein that no open vacancies are available in Thrissur and Ernakulam districts and the incumbent who was transferred to Palakkad district had completed three years of service and also got protection of Scheduled Caste besides the benefit available on account of his spouse being an employee in another department. It is further stated therein that besides the said protection viz., the one described as 'spouse protection', the petitioner has no other preferential claims. It is challenging Ext.P5 that this Writ Petition has been filed. 2. Pursuant to Ext.P5, the petitioner was relieved and he is W.P.(C) NO.19669 of 2011 2 presently working under the second respondent. It is submitted that the first respondent had not taken into consideration the facts that the petitioner too, belongs to a Scheduled Caste Community and senior to the incumbent who was transferred to Palakkad District. The learned counsel further submitted that the petitioner may be permitted to confine the prayer to one for a direction to the first respondent to consider the feasibility of a posting in Alappuzha District. In the circumstances, without making any observation as to the merits of the said claim, this Writ Petition is disposed of as hereunder:- In case vacancies in the said cadre are available in Alappuzha District, the first respondent shall consider the request of the petitioner for a posting as Technical Assistant Grade-II. To enable the first respondent to make such a consideration, the petitioner may file a representation before the first respondent and in case of receipt of such a representation, the first respondent shall consider the same expeditiously, at any rate, within a period of one month from the date of receipt of such a representation. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.19669 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT W.P.(C) NO.19669 of 2011 4 September, 2010