IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WA.No. 1765 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21581/2011 Dated 04/11/2011 .................... APPELLANT(S): PETITIONER ------------------------ V.V.REMESHAN,JUNIOR SUPERINTENDENT, OFFICE OF THE DISTRICT MEDICAL OFFICE(HEALTH), KASARAGOD AT KANHANGAD. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): / RESPONDENTS --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 6 95 001. 2. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM - 6 95 001. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), KASARAGOD AT KANHANGAD, PIN - 671 315. MR.C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A.No.1765 of 2011 .................................................................... Dated this the 21st day of November, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the transfer of the appellant as Junior Superintendent in the Health Department from Kasaragod to Thiruvananthapuram. The appellant's case is that he is singularly transferred without taking into consideration the requests or desires of those working in several districts south of Kasaragod. The appellant has a specific case that his wife is working in Block Development Office, Kasaragod, and therefore his shifting from Kasaragod to Thiruvananthapuram will lead to his separation from family. 2. Learned Government Pleader submitted that the transfer is only for the reason that there is shortage of staff in Thiruvananthapuram, where work load is very heavy. We cannot interfere with the transfer because if the work is heavy W.A.No.1765/2011 2 in Thiruvananthapuram, necessarily priority should be shown to Thiruvananthapuram, and there is nothing wrong in transferring the appellant from Kasaragod to Thiruvananthapuram. 3. However, we make it clear that when posts are filled up in Kasaragod on transfer, the respondents should consider the requests of others, and if nobody with better claim has demanded Kasaragod, the appellant should be transferred back to Kasaragod by accommodating any other person deserving posting in Thiruvananthapuram. This Writ Appeal is disposed of with the above direction to the respondents. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg