IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 14764 of 2010(U) -------------------------- PETITIONER(S): --------------- S.PRASANNA KUMARI, MANIMANDIRAM,KARAKKAD P.O.,KARAKKAD, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HEALTH, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. MEDICAL OFFICER IN-CHARGE, CHC, VALLANA, ERUMAKKAD P.O., PATHANAMTHITTA. 4. DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 5. V.V.MADHU,CHC,ALATHUR,PALAKKAD. MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14764/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF G.O.(Rt) 504/2005/H&FWD DATED 21/02/2005. P2 : COPY OF APPLICATION FOR GENERAL TRANSFER SUBMITTED IN PROFORMA 1 BY THE PETITIONER ON 21/01/2010. P3 : COPY OF ORDER NO.EF4-2089/2010/DHS DATED 05/03/2010 ISSUED BY R2. P4 : COPY OF ORDER NO.EF4-2089/2010/DHS DATED 03/05/2010. P5 : COPY OF REPRESENTATION DATED 07/05/2010 SUBMITTED BY THE PETITIONER BEFORE R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.14764 of 2010 (U) --------------------------------- Dated, this the 11th day of August, 2010 J U D G M E N T Petitioner is an Ophthalmic Assistant, who was posted at Community Health Centre, Vellana in Pathanamthitta District. Her grievance is that by Ext.P4 order dated 03/05/2010 she has been transferred to Tirur in Malappuram District. 2. Learned counsel for the petitioner contends that Ext.P1 is the guideline, on the basis of which transfers and postings are to be ordered. It is stated that in terms of the guidelines, she submitted Ext.P2 application for transfer specifying 5 stations for posting. According to the petitioner, when Ext.P3 provisional list was published, her name was not included. But however, when Ext.P4 final list was published, she has been transferred and posted to Tirur. The petitioner contends that in her transfer, Clauses 18 & 34 of Ext.P1 guidelines have been violated. On that basis she seeks to impugn the transfer by Ext.P4. 3. Irrespective of the above facts, it is now disclosed that before the writ petition was even entertained, her substitute had WP(C) No.14764/2010 -2- joined at Vellana and that therefore, she has been relieved. 4. A reading of Ext.P3 provisional list for transfers and postings shows that her name was not included in the list, as a result of which, the petitioner could neither file an objection nor could she file an appeal, against the proposal for transfer. In such circumstances, I am satisfied that the matter needs to be reconsidered. 5. For that reason, I direct that the 2nd respondent shall reconsider Ext.P4 to the extent it transfers and posts the petitioner to Tirur in Malappuram District and pass fresh orders. This the 2nd respondent shall do as expeditiously as possible, at any rate, within two weeks of production of a copy of this judgment, along with a copy of this writ petition. In order to enable the 2nd respondent to do so, Ext.P4 order to the extent the petitioner is transferred will stand set aside, but however this will not affect the continuance of the person, holding the post at Vellana, till the matter is decided afresh. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg