IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 23010 of 2010(A) -------------------------- PETITIONER(S): ---------------------- 1. K.C.AJITH KUMAR,S/O.DAMU,PHARMACIST, PRIMARY HEALTH CENTRE,KODIYERI,KANNUR DISTRICT, RESIDING AT ANJALI,CHITTARIPARAMBA.P.O, KANNUR DISTRICT-670 702. 2. VINOD KUMAR.K.K,PHARMACIST,DISTRICT HOSPITAL,KANNUR,S/O.LATE SANKARANKUTTY NAIR, RESIDING AT VRINDAVAN,PANDAKKAL.P.O, MAHE-673 310. 3. MARYKUTTY THOMAS,PHARMACIST,C.H.C., PERAVOOR,KANNUR DISTRICT-670 702. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY,HEALTH SERVICES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695035. 2. THE DIRECTOR OF HEALTH SERVICES(MDL), DIRECTORATE OF HEALTH SERVICES,GOVERNMENT OF KERALA,GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR-670307. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 23010 OF 2010 (A) ===================== Dated this the 23rd day of July, 2010 J U D G M E N T Petitioners are Pharmacists in the Health Services Department. 2. The challenge in the writ petition is against Ext.P3, where their objections against interchanging the post of Pharmacists Grade I and Grade II have been rejected. In so far as the request for transfer is concerned, they were informed that they ought to have made application to the DMO concerned. 3. A reading of Ext.P4 Government Order dated 13/2/86 shows that, by this order, the Government have extended the system of posting LD Clerks and UD Clerks against the vacancies of Clerks to Pharmacists Grade I and Grade II in the Health Services Department also. It is seen that with the issuance of Ext.P1, Pharmacists Grade I and Grade II are posted against the vacancies of Pharmacists. Therefore, interchangeability is permissible in view of Ext.P3. In so far as Pharmacists are concerned, the authority competent to order transfer is none other than the District Medial Officer. If that be so, the view WPC No. 23010/10 :2 : taken by the DHS in Ext.P3 cannot be faulted. 4. However, learned counsel for the petitioners rely on Ext.P1 and submits that since ratio between Pharmacists Grade I and Grade II has been introduced by this order of the DHS, it is not the DMO who is competent to order transfer. It is contended that, for that reason, the view taken in Ext.P3 that the petitioners ought to have made applications to the DMO cannot be sustained. I am not persuaded to agree. By Ext.P1, all that has been ordered is that the total strength of Pharmacists have been bifurcated in the ratio of 1:2. This has no other impact, and even subsequent to Ext.P1, DMO continues to be the transferring authority so far as Pharmacists are concerned. Therefore, Ext.P1 does not improve the case of the petitioners in any manner. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp