IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 2679 of 2009(R) ------------------------- PETITIONER(S): --------------------- K.GANESH KUMAR,AGED 34 YRS, OPTHALMIC ASSISTANT/REFRACTIONIST DISTRICT HOSPITAL, KOTTAYAM. BY ADV. SRI.SAJU S.POONTHODATHU SRI.SAJI ABRAHAM RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, MEDICAL COLLEGE.P.O, THIRUVANATHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM. 4. THE SECRETARY , KERALA PUBLIC SERVICE COMMISSION,PATTOM,THIRUVANATHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.2679 of 2009 --------------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT The petitioner is working as Ophthalmic Assistant/ Refractionist at District Hospital, Kottayam under the Health Service Department. The petitioner submitted Ext.P9 application for interdepartmental transfer to any of the Medical Colleges. Ext.P9 application is pending disposal before the Director of Medical Education. 2. The reliefs prayed for in the Writ Petition are the following: “(1) To issue a writ of mandamus or any other writ or direction to 2nd respondent to consider and pass necessary orders in Ext.P9 submitted by the petitioner without delay. (2) To call for records leading to Ext.P3 notification and to issue a writ of mandamus or any other writ or direction to the 4th respondent to stop all further proceedings started in pursuance of Ext.P3 notification forthwith. (3) To issue a writ of mandamus or any other writ or direction to respondents directing them to dispose of Ext.P9 before publishing the rank list or making any appointment in pursuance of Ext.P3 notification. (4) Pass such other orders in the interest of justice.” WPC No.2679 /2009 2 3. The learned counsel for the petitioner submits that for the present, the petitioner would be satisfied, if the second respondent is directed to dispose of Ext.P9 application in accordance with law, as expeditiously as possible. The learned Government Pleader submitted that Ext.P9 will be disposed of without delay. 4. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: (i) The Director of Medical Education shall consider and dispose of Ext.P9 application submitted by the petitioner for interdepartmental transfer, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Medical Education. K.T.SANKARAN, JUDGE csl