IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35571 of 2008(I) -------------------------- PETITIONER(S): --------------- K.M.BABU, S/O.N.K.MADHAVAN, SENIOR SUPERINTENDENT (PRESENTLY WORKING AS LAW SECRETARY & TREASURER) TALUK HEADQUARTERS HOSPITAL, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENTS: --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF HEALTH & FAMILY WELFARE GOVT.SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.35571 of 2008 ===================== Dated this the 2nd day of December, 2008. JUDGMENT Heard Sri.M.V .Thamban, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Lay Secretary and Treasurer in the Taluk Headquarters Hospital, Tirurangadi in Malappuram district. His wife is a Nurse attached to the Medical College Hospital, Kottayam. The petitioner belongs to Athirampuzha in Kottayam district. The petitioner states that he has to look after his aged father who is suffering from Alzheimer's disease and is under treatment in the Medical College Hospital, Kottayam. The petitioner states that seeking a transfer and posting to Kottayam district, he has submitted Ext.P2 representation dated 12.11.2008 to the Director of Health Services wherein he has pointed out the fact that his wife is employed as Head Nurse in the Medical College Hospital, that he has to look after his aged father, who is undergoing treatment for Alzheimer's disease and that his presence in Kottayam or in a station near to his residence at Athirampuzha is required. 3. The question whether, having regard to the availability of vacancies and taking note of the fact that the petitioner's wife, a WP(C) 35571/08 -: 2 :- Government servant is employed at Kottayam, the petitioner can be accommodated at a station nearer to Kottayam or in a nearby station is primarily a matter for the Director of Health Services to decide. The petitioner has in Ext.P2 pointed out that he has been working away from his home district from 2003 onwards. He also states that he has served in Palakkad, Kasaragod, Wayanad, Kannur and Kozhikode. 3. In this state of affairs, I dispose of the writ petition with a direction to the Director of Health Services to consider the request made by the petitioner in Ext.P2 representation and take a decision thereon in accordance with law and the guidelines governing transfer and posting of Government employees. Final orders on Ext.P2 shall be passed within one month from the date of receipt of a certified copy of this judgment. The Director shall while considering the petitioner's claim, also consider the claims if any, made by others for a transfer to Kottayam. P.N.Ravindran, Judge. ess 6/12