IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 28864 of 2011(G) --------------------------------------- PETITIONER: ------------------- DR. ALTHAF.A , AGED 43 YEARS, S/O SHEIK ABDUL HASSAN ALI, ASSISTANT PROFESSOR, DEPARTMENT OF COMMUNITY MEDICINE, GOVT. MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.NOORJI NOUSHAD. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE (S) DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 3. THE PRINCIPAL, GOVT. MEDICAL COLLEGE THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER SRI. M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28864/2011-G: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE ORDER G.O.(RT.) NO. 1804/2011/H&FWD DTD. 09.05.2011 ISSUED BY THE IST RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER NO. E3/9476/2011/MCT DTD. 11.05.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER NO. G.O. (RT.) NO.2520/2011/H&FWD DTD. 12.07.2011 ISSUED BY THE IST RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 20.08.2011. EXT.P5: TRUE COPY OF THE LETTER NO. E1/17901/11/MCT DTD.26.08.2011 FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DTD. 26.08.2011 FORWARDED BY THE HEAD OF THE DEPARTMENT OF COMMUNITY MEDICINE TO THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF THE ORDER G.O(P) 15/89/P &ARD DTD. 22.05.1989 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28864/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of November, 2011 J U D G M E N T The petitioner herein is aggrieved by Ext.P3 communication whereby an earlier order Ext.P1 by which the petitioner was given an accommodation/working arrangement in Medical College, Thiruvananthapuram was cancelled. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. It is the case of the petitioner that he is a native of Thiruvananthapuram and son of a freedom fighter late Shri Sheik Abdul Hassan Ali. He was originally appointed as Senior Lecturer in Government T.D.Medical College, Alappuzha on 16/01/2008. While working in the said Medical College, he was transferred to Medical College, Thiruvananthapuram on 16/08/2008. Thereafter, he entered into study leave for acquiring Post Graduation in International Medicine from the University of Schefield in U.K. When he came back, he W.P.(C). No.28864/2011 -:2:- could not get a posting in Medical College, Thiruvananthapuram for want of vacancy and he rejoined Govt.T.D.Medical College, Alappuzha on 23/07/2010. 4. Thereafter, he requested for a transfer to Medical College, Thiruvananthapuram. It appears that considering his request, Ext.P1 order was passed. Accordingly, he joined duty on 11/05/2011. Ext.P3 is the order by which the Government decided to cancel all working arrangements in various Medical Colleges. The petitioner's name has also been included therein. Seeking for modification of Ext.P3, he has filed Ext.P4 representation and Exts.P5 and P6 are the copies of the communications made by the Principal as well as the Head of the Department recommending the case of the petitioner. 5. Apprehension of the petitioner is that he will be relieved without taking any further action in the matter. 6. Learned Government Pleader on getting written instructions from the Principal Secretary to Government, Health and Family Welfare Department W.P.(C). No.28864/2011 -:3:- submitted that the petitioner was actually accommodated against the post of Assistant Professor of Entomology in the Department of Community Medicine, Thiruvananthapuram by Ext.P1 order. It was not a general transfer order but was only an accommodation granted on his request. He was not eligible for transfer as he had not completed 3 years of qualifying outstation service as per the norms for general transfer. It is also submitted that the post of Assistant Professor of Entomology is a non medical post. It is asserted that the Government has taken a policy decision to cancel all the accommodation of doctors, since certain Medical Colleges were in dearth of Academic Staff in the Colleges. Accordingly, it is pointed out that 14 doctors who were enjoying such benefits were reverted to their respective Medical Colleges. 7. Learned counsel for the petitioner submitted that even after Ext.P3 order is passed, some of the persons who have been relieved have been accommodated W.P.(C). No.28864/2011 -:4:- based on their requests, but so far the request of the petitioner has not been considered. 8. I am not going into the merits of the said argument since the said issue cannot be a matter for adjudication as none of these persons are parties. 9. Learned counsel for the petitioner submitted that to Ext.P4 representation, he has not been given a reply so far and till the representation is considered and an order is passed, he may be allowed to be retained in the Medical College, Thiruvananthapuram. 10. As it is pointed out by the learned Government Pleader that there is a dearth of Academic Staff in the Medical Colleges, this Court will not be justified in sitting in appeal over a decision which involves only administrative matters of the Government. Therefore, the writ petition is disposed of with the following directions:- There will be a direction to the Government to consider Ext.P4 representation in the light of Exts.P5 and P6 and a reply will be furnished to the petitioner within a period of two months from the date of receipt of a W.P.(C). No.28864/2011 -:5:- copy of this Judgment. All the contentions raised by the petitioner will also be considered. The interim order granted by this Court is vacated. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms