IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8719 of 2010(L) ------------------------- PETITIONER(S): --------------- C.M.SHAJAHAN, SENIOR SUPERINTENDENT DISTRICT MEDICAL OFFICE (HOMEO), MALAPPURAM DISTRICT. BY ADV. SRI.S.SUNIL MAURYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMEOPATHY, DIRECTORATE OF HOMEOPATHY, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 8719 OF 2010 -------------------------------------------- Dated this the 16th day of March, 2010 JUDGMENT The petitioner is a Senior Superintendent working in the District Medical Office (Homeo) in Malappuram District. This Writ Petition has been filed challenging Ext.P14 provisional list for General Transfer dated 8.3.2010. The grievance of the petitioner is that the head of the Department is not forwarding his application for transfer on compassionate grounds which resulted in his non-inclusion in Ext.P14 provisional list. 2. In view of the said facts, this Writ Petition is disposed of on the following lines:- In case the petitioner has already submitted an application for transfer on compassionate grounds, with all relevant certificates, the same shall be forwarded by the second respondent for consideration forthwith, on receipt of copy of this judgment. It is made clear that the second respondent need recommend in terms of relevant G.O only in case he finds that the case of the petitioner requires a consideration on compassionate grounds. At the same time, he shall not withhold the application and the W.P.(C) NO.8719/2010 2 same shall be forwarded to the first respondent for consideration forthwith, with or without his recommendation. Admittedly, Ext.P14 order is a provisional order. It is made clear in Ext.P14 itself that the complaints on Ext.P14 would be entertained only if it is received on or before 20.3.2010. Therefore, the petitioner is at liberty to file a representation in terms of Ext.P14 to the first respondent. Appropriate action in the light of Ext.P14 shall be taken by the first respondent. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.8719/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.8719/2010 JUDGMENT 16th March, 2010