IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WA.No. 2573 of 2009() --------------------- AGAINST THE JUDGEMENTIN WPC.31442/2009 Dated 05/11/2009 .................... APPELLANT(S): PETITIONER ------------------------ P. VIJAYAN, UPPER DIVISION CLERK, COMMUNITY HEALTH CENTRE, VELIYANAD, ALAPPUZHA DISTRICT. BY ADV. SRI.T.R.RAJAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER (HEALTH), ALAPPUZHA. 3. THE MEDICAL OFFIER, COMMUNITY HEALTH CENTRE, VELIYANAD, ALAPPUZHA DISTRICT. BY SENIOR GOVT. PLEADER SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2573 OF 2009 --------------------------------------------- Dated this the 17th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The writ petitioner approached this Court aggrieved by Ext.P3 order of transfer. The learned senior Government Pleader submits that the transfer is pursuant to the abolition of the dual control system in the Medical Education Service and the staff of the Directorate of Health Services. The learned Single Judge dismissed the Writ Petition and hence this appeal. 2. The appellant points out that only juniors with less than five years of service are retained in the same District. According to the appellant, there are clerks senior to him in Alappuzha District and clerks who are junior to him having more than five years of service in the same District. The names of some such employees are also furnished. It is for the petitioner to point out all these aspects and submit a proper representation before the Director of Health Services in which case the W.A. NO. 2573/2009 2 said authority will look into the matter and pass appropriate orders. Therefore, we set aside the judgment of the learned Single Judge and dispose of the Writ Appeal and the Writ Petition as follows: In the event of the appellant/writ petitioner submitting an appropriate representation before the Director of Health Services within two weeks from today, after serving a copy thereof on the District Medical Officer (Health), Alkppuzha, the same shall be considered by the Director of Health Services within another two months. It is submitted that the appellant has not been relieved so far. Therefore, further proceedings pursuant to Ext.P3, as far as the appellant/writ petitioner is concerned, will be deferred , if the appellant has not already been relieved as on today, till orders are passed by the Director of Health Services. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2573/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2573/2009 JUDGMENT 17th November, 2009 W.A. NO. 2573/2009 4