IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31442 of 2009(A) -------------------------- PETITIONER(S): --------------- P.VIJAYAN, UPPER DIVISION CLERK, COMMUNITY HEALTH CENTRE, VELIYANAD, ALAPPUZHA DISTRICT. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER (HEALTH), ALAPPUZHA. 3. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, VELIYANAD, ALAPPUZHA DISTRICT. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.31442 of 2009 --------------------------------- Dated, this the 5th day of November, 2009 J U D G M E N T The petitioner is working as a Upper Division Clerk. According to the petitioner, by Ext.P3 order dated 02/11/2009, he has been transferred out of district. It is stated that in the present station, he was posted only by Ext.P2 order dated 24/09/2009, and therefore, Ext.P3 is illegal. 2. The learned Government Pleader has produced before me copy of order dated 16/10/2009 issued by the Director of Health Services, consequent on the abolition of Dual Control System of staff of Directorate of Health Services working under the Institutions of Directorate of Medical Education. In this order, it is stated that senior employees like the petitioner, who have completed 5 years in the respective district, can be posted to other districts against vacancies, if there is no vacancy in the Medical Education Service / Health Service in the District of their recruitment. It is in pursuance to the order of the Director of Health WP(C) No.31442/2009 -2- Services, that the petitioner has been ordered to be posted out side the district. 3. The learned counsel for the petitioner submits that there are employees, having lessor and more services than the petitioner, still retained in Alappuzha district. Employees with lessor service are entitled to be retained on a supernumerary basis by virtue of order dated 16/10/2009 referred to above. On the other hand, if employees with more service are retained, it may be against the order referred to above. But that does not give a right to the petitioner to be retained in the District. On the whole, I am not satisfied that Ext.P3 order calls for interference. This writ petition fails, and is accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg