IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 21213 of 2009(V) -------------------------- PETITIONER: --------------- DR. J.BOBAN, MEDICAL OFFICER (HIGHER GRADE) PRESENTLY WORKING IN GOVERNMENT HOMOEO DISPENSARY, VELIYANNOOR, KOTTAYAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY HEALTH AND FAMILY WELFARE TRIVANDRUM. 2. DIRECTOR OF HOMOEOPATHY, OFFICE OF THE DIRECTORATE OF HOMOEOPATHY, TRIVANDRUM. BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 21213 OF 2009 -------------------------- Dated this the 21st day of August, 2009 J U D G M E N T Heard Sri. B.S.Swathi Kumar, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, who is presently working as Medical Officer in the Government Homeo Dispensary at Vellyannoor in Kottayam District, has filed this writ petition aggrieved by the rejection of his request for transfer to a station in Alappuzha District. The petitioner submits that in the light of Ext.P1 Government order, as he was appointed to another District other than his home District, namely Alappuzha, he is entitled to be transferred back to his home District at the earliest opportunity. The petitioner’s grievance is that his request for transfer to Alappuzha was rejected by the Director of Homeopathy on the ground that he has not completed three years in the present station. 3. In my opinion, if the Director of Homeopathy has failed to give effect to the directions issued by the Government in Ext.P1, the petitioner ought to have moved the Government and brought to the notice of the Government the fact that the Director of Homeopathy has declined to give effect to the stipulations in Ext.P1. The Government have the machinery W.P.(C) No. 21213/09 2 to ascertain whether vacancies exist in Alappuzha district against which the petitioner can be accommodated. The Government can also transfer out any other incumbent and post the petitioner in Alappuzha district. I therefore dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Health and Family Welfare Department, setting out his claims and contentions and projecting his grievances, the Government shall consider the same and pass orders thereon within two months from the date on which such a representation is received from the petitioner. The Government shall, while passing orders on the petitioner’s representation have due regard to the stipulations in Ext.P1 Government order and the guidelines governing transfer and posting of Government employees. The Government shall also afford the petitioner a reasonable opportunity of being heard. If the Government proposes to transfer out any incumbent to accommodate the petitioner, the said person shall also be afforded a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 21213/09 3