IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(C).No. 20061 of 2010(G) -------------------------- PETITIONER(S): --------------- T.S.SUNIL KUMAR,S/O.SUKUMARAN, AGED 39 YEARS,JUNIOR LABORATORY ASSISTANT, DENTAL COLLEGE,KOTTAYAM. RESIDING AT SUNIL NIVAS,T.C.30/114,ANAYARA.P.O, THIRUVANANTHAPURAM-29. BY ADV. SRI.A.DINESH RAO RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT,HEALTH & FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-11. 3. JAYA KUMAR,JUNIOR LABORATORY ASSISTANT, MEDICAL COLLEGE,THIRUVANANTHAPURAM. PIN-695 001 4. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.DILIP MOHAN-R1,R2,R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 20061 OF 2010 -------------------------------------------- Dated this the 5th day of July, 2010 JUDGMENT The petitioner is working as Junior Laboratory Assistant under the Medical Education service. The petitioner was transferred and posted to Dental College, Kottayam as per order No.E4/4286/10/DME dated 29.3.2010. Pursuant to the said order of transfer, he was relieved off duties as per Ext.P1 order dated 12.4.2010 and, thereupon, he joined the Dental College, Kottayam. In this Writ Petition, the petitioner is challenging the said order of transfer dated 29.3.2010. The said order has not been produced in this Writ Petition. 2. Prayer No.1 in this Writ Petition would reveal that the main prayer of the petitioner is to quash the order No.E4/4286/10/DME dated 29.3.2010 issued by the second respondent. When the order sought to be quashed is not produced before this Court, this Court cannot entertain any challenge against the same. 3. The learned counsel appearing for the petitioner submitted that four vacancies are still available in the cadre of Junior Laboratory Assistants in Thiruvananthapuram District itself. That apart, it is the W.P.(C) NO.20061/2010 2 contention of the petitioner that he is entitled to get the benefits of Exts.P2 to P4 Government Orders. Ext.P11 order would reveal that the four additional posts of paramedical staff viz., Junior Laboratory Assistants were created as per the said order. In the said circumstances, the petitioner prays that the first respondent may be directed to consider the grievance of the petitioner against the transfer in the light of Ext.P11 G.O. The petitioner has already approached the first respondent through Ext.P10 representation raising grievances against the order of transfer No.E4/4286/10/DME dated 29.3.2010. In the said circumstances, without making any observation as to the merits of the contentions, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P10 taking into account Exts.P2 to P4 and Ext.P11Government Orders. At any rate, this shall be done within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.20061/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.20061/2010 4