IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24778 of 2010(V) -------------------------- PETITIONER(S): -------------------- P.MOHAN DAS, S/O.P.PARAMESWARAN NAIR, AGED 50 YEARS, U.D.CLERK, PRIMARY HEALTH CENTRE, PUTHUKURICHI, TRIVANDRUM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ---------------------- 1. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM-695035. 2. THE DISTRICT MEDICAL OFFICER (HEALTH) TRIVANDRUM-695035. 3. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, POST PUTHUKURICHI, TRIVANDRUM-695303. 4. SRI.SATHEESH THUNERI, U.D.CLERK, OFFICE OF THE DISTRICT MEDICAL OFFICER (HEALTH) TRIVANDRUM-695035. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24778 OF 2010 (V) ===================== Dated this the 12th day of August, 2010 J U D G M E N T Petitioner is an Upper Division Clerk. By Ext.P1 order of the District Medial Officer, he has been transferred from Primary Health Centre, Puthukurichi to Community Health Centre, Manamboor. It is challenging this order, the writ petition is filed. 2. The contention raised by the counsel for the petitioner is that District Medical Officer is incompetent to issue the order. This contention is raised on the basis that his appointing authority is the Director of Health Services, and therefore under Rule 32 of the General Rules, only the Director of Health Services can issue an order of transfer. 3. However, learned Government Pleader submits that administrative instructions have been issued enabling the District Medical Officer to effect transfers within the District and it is on that basis Ext.P1 order has been issued. Having regard to the above, I do not find the contention raised by the petitioner to be an acceptable one. 4. Be that as it may, pointing out his personal difficulties WPC No. 24778/10 :2 : against the transfer, petitioner is seen to have filed Ext.P2 before the 1st respondent. 5. In view of the above, I direct the 1st respondent to consider Ext.P2 and pass orders thereon. This shall be done, at any rate within 8 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp