IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16877 of 2009(D) ------------------------------------ PETITIONER(S): ------------------------- REMADEVI.B., W/O.PUSHPANGATHAN, N.G.O.QUARTERS, MUTTAMBALAM, KOTTAYAM., WORKING AS U.D.TYPIST, TALUK HEAD QUARTERS HOSPITAL, CHANGANACHERRY. BY ADVS.MR.M.V.THAMBAN MR.R.REJI SMT.THARA THAMBAN MR.B.BIPIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICE, KOTTAYAM. R1 TO R3 BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16877 of 2009 -------------------------------------- Dated 18th June, 2009 JUDGMENT The petitioner who is presently working as Upper Division Typist in the Taluk Head Quarters Hospital at Changanacherry has filed this writ petition seeking a declaration that she is entitled to be transferred from Taluk Head Quarters Hospital, Changanacherry either to the office of the District Medical Officer, Kottayam or District Hospital, Kottayam. She has also prayed for a writ in the nature of mandamus commanding the District Medical Officer, Kottayam to consider the request made by her in Ext.P5 application for general transfer sympathetically, taking note of her deteriorating medical and physical condition. 2. Transfer and posting of Government servants is primarily a matter for the Head of Office/Head of the Department to decide. This Court exercising jurisdiction under Article 226 of the Constitution of India cannot assess the administrative exigencies and niceties of the situation and order transfer of Government servants. The employer is in my opinion, the best judge of the situation. If the petitioner is aggrieved by the order of transfer that may be passed, W.P.(C)No.16877/2009 2 her remedy is to challenge the same in other appropriate proceedings if ground exists therefor. I therefore hold that there is no merit in this writ petition. The writ petition fails and is dismissed with the above observation. P.N.RAVINDRAN Judge TKS