IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 14008 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------ DR.RANJITH K.G., MEDICAL OFFICER/RMO, GOVERNMENT HOMEO HOSPITAL, ANCHUKUNNU P.O., WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMEOPATHY, DIRECTORATE OF HOMEOPATHY, KIZHAKKEKOTTA, THIRUVANANTHAPURAM. 3. DR.BINOY ANTONY, MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY, MEPPADY P.O., WAYANAD DISTRICT. R1 & R2 BY GOVT. PLEADER MR.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14008/2010-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.EA1/10/2010/DH DATED 21/04/2010 OF THE 2ND RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 23/03/2010. EXT.P3: COPY OF THE REPRESENTATION DATED 22/03/2010 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 22/03/2010 OF THE PRESIDIENT WAYANAD DISTRICT PANCHAYATH. EXT.P5: COPY OF THE REPRESENTATION DATED 26/03/2010 OF THE PRESIDENT, MANANTHAVADY BLOCK PANCHAYATH. EXT.P6: COPY OF THE DECISION NO.2/10 DATED 24/03/2010 OF THE STANDING COMMITTEE FOR HEALTH AND EDUCATION OF WAYANAD DISTRICT PANCHAYATH. EXT.P7: COPY OF THE DAILY KERALA KAUMUDI DATED 28/03/2010. EXT.P8: COPY OF THE REPRESENTATION BEFORE THE MINISTER FOR THE DEPARTMENT OF HEALTH. EXT.P9: COPY OF THE LETTER RECEIVED BY THE PETITIONER ON 05/04/2010. EXT.P10: COPY OF THE JUDGMENT IN WP(C) NO. 12423 OF 2010 DATED 08/04/2010. EXT.P11: COPY OF THE REPORT OF TRANSFER OF CHARGE BY THE PETITIONER DATED 26/04/2010. EXT.P12: COPY OF THE REQUEST DATED 04/05/2010 TO JOIN DUTY BY PETITIONER. EXT.P13: COPY OF THE REPORT OF TRANSFER OF CHARGE BY THE PETITIONER DATED 04/05/2010. EXT.P14: COPY OF THE ORDER DATED 18/11/2009 OF THE 2ND RESPONDENT. EXT.P15: COPY OF THE REPORT OF JOINING DUTY BY THE PETITIONER DATED 04/05/2010. EXT.P16: COPY OF THE INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT. EXT.P17: COPY OF THE ORDER OF THE DISTRICT MEDICAL OFFICER DIRECTING THE 3RD RESPONDENT TO JOIN DUTY DATED 28/04/2010. WP(C) NO. 14008/2010-A EXT.P18: COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF APRIL 2010, OF THE HOSPITAL. EXT.P19: COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT. EXT.P20: COPY OF THE REPLY FURNISHED WITH THE ANNEXURE DATED 27/05/2010. EXT.P21: COPY OF THE LETTER DATED 05/05/2010 OF THE DISTRICT MEDICAL OFFICER. EXT.P22: COPY OF THE REPLY BY THE PETITIONER DATED 06/05/2010. EXT.P23: COPY OF THE LETTER DATED 05/05/2010 OF THE DISTRICT MEDICAL OFFICER. EXT.P24: COPY OF THE REPLY BY DR.BEENA JOSE DATED 05/05/2010. EXT.P25: COPY OF THE EXTRACT FROM THE LOCAL DELIVERY BOOK OF THE OFFICE OF THE DISTRICT MEDICAL OFFICER. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE LR.NO.E1-138/10/DMOW DATED 29/04/2010. EXT.R2(b): COPY OF THE R.T.C. DATED 28/04/2010. EXT.R2(c): COPY OF THE ORDER DATED 28/04/2010. //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. ------------------------------- W.P.(C) No. 14008 of 2010 ------------------------------- Dated this the 22nd day of June, 2010 J U D G M E N T The petitioner is working as RMO/Medical Officer in the Government Homoeo Hospital, Anjukunnu in Mananthawadi in Wayanad District. When the proposal for General Transfer 2010 was published, he was proposed to be transferred to Government Homeo Dispensary, Meppadi. He filed an appeal, that was ordered to be considered by Ext.P10 judgment, and finally, Ext.P1 order was issued transferring the petitioner as Medical Officer to Government Homeo Dispensary, Vellamunda, Wayanad District, and third respondent was transferred and posted in his place. It is this order which is under challenge in this writ petition. 2. The main contention raised by the petitioner is that the transfer is not made in the exigencies of service and that the transfer was ordered on extraneous considerations and at the instance of a Member of the Legislative Assembly. W.P.(C) No.14008 of 2010 2 3. On the other hand, counter affidavit of the respondents show that normal tenure of a medical officer is three years, and the petitioner has been in the present station since 2004. It is stated that initially he was proposed to be transferred to Meppadi and that considering his appeal, he has been given a posting to a nearer place, which is Vellamunda. The allegation that the transfer was not in the exigencies of service and was actuated by political reasons is also denied. 4. Admittedly, the petitioner holds a transferable post. He has also completed his normal tenure on Anjukunnu, Wayanad District. It was for that reason that his name was included in the draft transfer list and that no objection can be taken against the same. His appeal was considered and he has been posted at Vellamunda, which is a place nearer than Meppadi. The stand of the respondents is that he has been given more convenient posting by Ext.P1, and therefore, the petitioner cannot contend that any statutory rule governing the transfer and posting has been violated in his case. W.P.(C) No.14008 of 2010 3 5. Then, the question is whether the transfer was not in the exigencies of service or whether it was actuated by political interference. Although, there is a vague averment that the transfer was at the instance of a local MLA, there is no material to substantiate the said contention. Further even going by the pleadings in the writ petition, MLA's request for transferring the petitioner was made in the previous year and not this year. 6. True, the learned counsel for the petitioner has referred Exts.P17 and P21, which indicates that instructions were issued from the office of the Minister for Health and Family Welfare for transferring the petitioner. Even if it is true, that by itself will not indicate any unwanted political interference as canvassed by the petitioner, but it could be to ensure timely availability of medical personnel in the hospital. Therefore, just because of the fact that Minister's office had issued instructions, it will be erroneous to assume that such interference was for mala fide purposes. In view of the above, W.P.(C) No.14008 of 2010 4 I do not find any thing objectionable in Ext.P1. Be that as it may, having regard to the fact that consequent on the pendency of the writ petition, the petitioner was on leave, it will be open to the petitioner to join duty pursuant to Ext.P1 order of transfer, and if the petitioner joins within 7 days from today, he will be permitted to join duty without any further proceedings against him. The writ petition is dismissed subject to the above observation. ANTONY DOMINIC, JUDGE. nj.