IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13662 of 2010(G) --------------------------------------- PETITIONER: ------------------- DR.ANITHA SOMAN, HOMOEO MEDICAL OFFICER, GOVERNMENT HOMOEO DISPENSARY, MANKOMBU THEKKEKARA P.O., CHAMPAKULAM, ALAPPUZHA DISTRICT. BY ADVS. SRI.GOPAKUMAR R.THALIYAL, SRI.N.P.PRAJEESH. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF HOMOEOPATHY, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. ARAVINDA KUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN , J. -------------------------------- W.P.(C) No. 13662 of 2010 -------------------------------- Dated this the 23rd day of April, 2010. J U D G M E N T The petitioner, who belongs to Thiruvananthapuram District, is presently working as Homoeo Medical Officer in Government Homoeo Dispensary at Champakulam in Alappuzha District. She entered service as Homoeo Medical Officer on 1.4.1998 and was posted in Government Homoeo Dispensary at Cheriyamundam in Malappuram District. She was transferred to Government Homoeo Dispensary at Nagaroor in Thiruvananthapuram District on 14.6.2002. Later, with effect from 2.6.2006, she was transferred and posted in Government Homoeo Dispensary at Champakulam in Alappuzha District, where she is presently working. Since she had completed three years of service at Champakulam in Alappuzha District, she submitted Ext.P1 application dated 27.1.2010 to the Director of Homoeopathy seeking transfer to Thiruvananthapuram District during the general transfer for the current year. In that application, she had sought transfer to her home district and posting in any one of the Government Homoeo Dispensaries at Navayikulam, Nagaroor, Anchuthengu, Vakkom, Palayamkunnu and W.P.(C).No.13662/2010 2 Attingal. 2. The petitioner contends that though as per the guidelines governing the transfer and posting of Government servants, she is eligible to be transferred to her home district, in Ext.P2 draft transfer order dated 20.3.2010 issued by the Director of Homoeopathy, the proposal is to transfer her to Government Homoeo Dispensary at Kudakkachira in Kottyam District. Aggrieved thereby, the petitioner has filed Ext.P3 representation dated 22.3.2010 before the Director of Homoeopathy, requesting for transfer to her home district and posting in any one of the six Government Homoeo Dispensaries mentioned in Ext.P1 application for transfer. The petitioner states that she has to look after her widowed father who is laid up following a stroke and is suffering from Glaucoma and her brother who is mentally retarded and that in such circumstances unless she is transferred to Thiruvananthapuram District, she will be put to serious prejudice. The petitioner also submits that though Ext.P3 representation was submitted nearly one month back, till date, the Director of Homoeopathy has not considered the same or finalised the transfer. In this writ petition, the petitioner inter alia seeks a W.P.(C).No.13662/2010 3 direction to the Director of Homoeopathy to consider the request made by her in Ext.P3 and take a decision thereon before finalising the general transfers for the current year. 3. I heard Sri. Gopakumar R.Thaliyal, learned counsel appearing for the petitioner and Sri. Aravind Kumar Babu T.K., learned Government Pleader appearing for the respondents. I have also gone through the pleadings and materials placed on record. It is evident from the averments in the writ petition and the documents produced along with it that the Director of Homoeopathy has not yet passed final transfer orders for the current year. On the terms of Ext.P1 itself, the persons named therein are entitled to object to the proposal for transfer. The pleadings disclose that aggrieved by the proposal to transfer her to Kottayam District, the petitoner has submitted Ext.P3 representation seeking transfer to Thiruvananthapuram District. In my opinion as the Director of Homoeopathy is yet to take a final decision, it will be premature for this Court to take a decision in the matter. It is for the Director of Homoeopathy to consider the petitioner's request in Ext.P3 representation and to decide whether having regard to the guidelines W.P.(C).No.13662/2010 4 governing transfer and posting of Government servants, the petitioner's claim can be accepted and she can be transferred to Thiruvananthapuram District. In such circumstances, I dispose of this writ petition with a direction to the first respondent, Director of Homoeopathy, to consider the request made by the petitioner in Ext.P3 while issuing general transfer orders for the current academic year. If general transfer orders have already been issued, the first respondent shall consider Ext.P3 representation and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN (Judge) vps W.P.(C).No.13662/2010 5 W.P.(C).No.13662/2010 6