IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22080 of 2010(H) --------------------------------------- PETITIONER: ------------------- DR.V.K.JAYADEV, PRESENTLY WORKING AS ASSISTANT PROFESSOR, COMMUNITY MEDICINE, MEDICAL COLLEGE, THRISSUR. BY ADVS. SRI.DEVAN RAMACHANDRAN, SRI.K.M.ANEESH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 1. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM - 695 001. 3. DR.SIVA KUMAR, PRESENTLY WORKING AS ASSISTANT PROFESSOR, COMMUNITY MEDICINE, MEDICAL COLLEGE, CALICUT - 673 008. R1 & R2 BY GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 22080 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2010 J U D G M E N T The petitioner is presently working as an Assistant Professor in Community Medicine, Medical College, Thrissur. He is a native of Kozhikode District. Earlier, he had submitted an application for transfer to Medical College, Kozhikode. The contention of the petitioner is that his application was favourably considered by the second respondent and he was included in the transfer list. However, when the final list of transfer was published, his name was not included therein and at the same time Ext.P2 would reveal that ignoring the request of the petitioner for transfer, the 3rd respondent who was working as a Senior Lecturer in Community Medicine in Medical College Kotayam was promoted and transferred to Medical College, Kozhikode in the existing vacancy. In fact, the petitioner has been requesting for transfer against the said vacancy. The contention of the petitioner is that he is entitled to get preferential claim in the matter of transfer on his being a physically handicapped person. The transfer norms WPC.No.22080/2010 : 2 : also recognize such preferential claim, it is contended. According to the petitioner, his earlier request for a transfer was declined solely on account of the fact that there was no vacancy in Community Medicine in Medical College, Kozhikode. Therefore, the present vacancy available on account of Leave Without Allowance by the incumbent holding the said post should not have been filled up by the 3rd respondent instead the request of the petitioner should have been considered favourably, it is contended. In essence, the contention of the petitioner pertains to the violation of the transfer norms. In the matter of filling up of an open vacancy, the request for transfer will be considered first. The promotees will be transferred and posted against such open vacancy only after consideration of transfer requests, it is submitted. I am of the considered view that these are matters to be looked into by the competent authority. So also, the grievance with respect to the violation of the norms and his claim for preferential right are also matters that require consideration by the 1st respondent. Therefore, the petitioner is granted liberty to approach the first respondent with a WPC.No.22080/2010 : 3 : proper representation carrying the aforesaid grievances, within a period of two weeks from the date of receipt of a copy of this judgment. In case, the petitioner prefers such a representation, the same shall be considered by the first respondent, expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of such representation with notice to the 3rd respondent. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge