IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14754 of 2009(L) --------------------------------------- PETITIONER(S): ----------------------- DR.S.VIJAYAKUMARI, TUTOR IN PHYSIOLOGY AND BIO CHEMISTRY, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. MR.K.N.CHANDRABABU RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL AND CONTROLLING OFFICER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE THIRUVANANTHAPURAM. 3. DR.PREETHA B., TUTOR IN PHYSIOLOGY AND BIO CHEMISTRY, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, KOZHIKODE. 4. DR.C.SUNDERESAN, TUTOR IN PHYSIOLOGY AND BIO CHEMISTRY, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14754 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT The petitioner who is a Tutor in Physiology and Bio Chemistry in Government Homeopathic Medical College, Thiruvananthapuram has filed this writ petition aggrieved by Ext.P4 order dated 23.5.2009 transferring her from Thiruvananthapuram to Kozhikode. The petitioner contends that the third respondent who has been transferred from Kozhikode to Thiruvananthapuram is not entitled to such transfer and that she ought to have been retained in Thiruvananthapuram. Aggrieved by Ext.P4 order, the petitioner has moved the Government by submitting Ext.P5 representation dated 26.5.2009. 2. Though the petitioner has challenged Ext.P4 order of transfer, I am of the opinion that as she has already moved the Government, she should pursue the said remedy instead of seeking the intervention of this Court at this stage. The guidelines governing transfer and posting of the Government employees confer residuary powers on the Government to deviate from the guidelines in deserving cases. WP(C).No.14754/2009 2 I accordingly dispose of this writ petition with a direction to the Secretary to Government, Health and Family Welfare Department to consider the request made by the petitioner in Ext.P5 representation and pass orders thereon within one month from the date on which the petitioner produces a certified copy of this judgment along with a copy of this writ petition. It will be open to the petitioner if she has not so far been relieved to move the Secretary to Government for interim orders. The Secretary to Government shall before passing orders on Ext.P5 representation afford the petitioner and also the persons likely to be affected by the orders passed thereon, a reasonable opportunity of being heard. P.N.RAVINDRAN Judge TKS