IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 18483 of 2010(I) ---------------------- PETITIONER(S): ------------ DR.C.V.JACOB, S/O.C.M.VARKEY, CIVIL SURGEON & ORTHOPAEDIC SURGEON, TALUK HEAD QUARTERS HOSPITAL, ADIMALY IDUKKI DISTRICT, RESIDING AT CHETTIMATTAM HOUSE, THODUPUZHA EAST P.O., IDUKKI DISTRICT. BY ADV. SRI.B.MOHAN LAL RESPONDENT(S): ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, KARALA STATE, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, IDUKKI. 4. DR.RAGHU, CIVIL SURGEON & ORTHOPAEDIC SURGEON, DISTRICT HOSPITAL IDUKKI. 5. DR.JAYACHANDRAN, ASSISTANT SURGEON & ORTHOPAEDIC SURGEON, TALUK HEADQUARTERS HOSPITAL, ALUVA, ERNAKULAM. GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18483 of 2010 (I) --------------------------------- Dated, this the 30th day of June, 2010 J U D G M E N T The petitioner is a Civil Surgeon and Orthopaedic Surgeon. He was posted at Taluk Headquarters Hospital, Adimaly. While so, by Ext.P1 order he has been transferred to District Hospital, Idukki and the 5th respondent is posted in his place. From Ext.P2 issued by the Superintendent of the Taluk Headquarters Hospital, Aluva, where the 5th respondent is working, it would appear that the 5th respondent is on unauthorized absence. Therefore, according to the petitioner, in view of the non-availability of the 5th respondent, he has not so far been relieved from Adimaly. Similarly, it is stated that the 4th respondent, who is occupying the post at Idukki, to which the petitioner is transferred and posted, has not been relieved so far. Coming to know of the unauthorized absence and the chances of the 2nd respondent passing orders retaining him at Adimaly, the petitioner has filed Ext.P3 representation, and orders thereon also have not been passed. It is in these circumstances, this writ petition has been filed. If as stated by the petitioner, the 5th respondent who is to join WP(C) No.18483/2010 -2- in his place is on unauthorized absence and the 4th respondent is still retained at District Hospital, Idukki in the post, to which the petitioner is transferred, there is no reason why the petitioner’s request for retaining him at Adimaly shall not be considered by the 2nd respondent. Now that according to the petitioner, Ext.P3 representation made by him for that purpose is pending consideration of the 2nd respondent, this writ petition is disposed of as follows:- (1) That the 2nd respondent shall consider Ext.P3 representation made by the petitioner. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. (2) In the meanwhile status quo as on date insofar as the petitioner’s continuance at Taluk Headquarters Hospital, Adimaly shall be maintained. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg