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. 13479 of 2010(H) -------------------------- PETITIONER(S): --------------- L. JOHNKUTTY, LAY SECRETARY-CUM- TREASURER, DISTRICT AYURVEDA HOSPITAL, KANNUR (UNDER ORDER OF TRANSFER TO DIRECTORATE OF INDIAN SYSTEM OF MEDICINE, TRIVANDRUM) BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, DIRECTORATE OF INDIAN SYSTEMS OF MEDICINE, TRIVANDRUM. 3. A.K. SHEELAKUMARI, SENIOR SUPERINTENDENT, DIRECRTORATE OF INDIAN SYSTEMS OF MEDICINE, TRIVANDRUM (TRANSFERRED AND POSTED TO SENIOR SUPERINTENDENT, DISTRICT MEDICAL OFFICE, I.S.M, KOLLAM) BY G.P. SRI.ARIVANDAKUMAR 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: P.N.RAVINDRAN, J. ------------------------ W.P.(C)No. 13479 OF 2010 ------------------------ Dated this the 23rd day of April, 2010 JUDGMENT The petitioner is presently working as Lay Secretary-cum- Treasurer in District Ayurveda Hospital, Kannur. It appears that he had sought transfer to Kollam his home district. The grievance voiced by the petitioner is that notwithstanding his superior claim and eligibility for transfer to Kollam district, the third respondent, who does not have such superior claim, has been transferred to Kollam district by Ext.P4 order dated 5/4/2010. In this writ petition the petitioner challenges the third respondent's transfer to Kollam district and seeks a direction to the official respondents to transfer him to Kollam district in preference to the third respondent. 2. The pleadings disclose that aggrieved by Ext.P4 order, whereby the third respondent has been transferred to Kollam district, the petitioner has filed Ext.P6 representation before the WPC No.13479/2010 -2- Secretary to Government, Health and Family Welfare Department. From the pleadings in the writ petition and Ext.P6 representation filed before the Secretary to Government, Health and Family Welfare Department, it appears that the petitioner is only interested in getting a transfer to Kollam district. Whether, having regard to the exigencies of service and availability of posts, the petitioner can be accommodated in Kollam district is a matter for the appointing authority/transferring authority to decide. This Court cannot assess the administrative niceties and exigencies of situation and substitute its decision in the place of the decision of transferring authority. In such circumstances, I am of the opinion that the petitioner should pursue Ext.P6 in stead of seeking the intervention of this Court. 3. I accordingly, dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P6 and take an appropriate decision thereon, having regard to the guidelines governing transfer and posting of the Government employees, expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of the judgment along with a copy of this writ WPC No.13479/2010 -3- petition complete in all respects before the Secretary to Government, Health and Family Welfare Department. P.N.RAVINDRAN, JUDGE. dpk