IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 12412 of 2010(B) -------------------------- PETITIONER(S): --------------- M.M.GEORGE, AGED 52 YEARS, HEALTH INSPECTOR GRADE - I, PRIMARY HEALTH CENTRE, KURUPPANTHARA, KOTTAYAM DISTRICT, RESIDING AT MUTTATHIL HOUSE, KANJIRATHAMANM P.O., KOTTAYAM DISTRICT PIN- 686603. BY ADV. SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. THE DIRECTOR HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, KOTTAYAM. 3. THE DISTRICT MEDICAL OFFICER,ERNAKULAM. 4. THE MEDICAL OFFICER IN CHARGE, P.H.CENTRE, KURUPPANTHARA, KOTTAYAM DISTRICT. 5. THE MEDICAL OFFICER, C.H.CENTRE, VADUVACODE, ERNAKULAM DISTRICT. 6. JOSSY JOSEPH, C.H.CENTRE, VADUVACODE, ERNAKULAM DISTRICT. BY G.P. SRI.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------ W.P.(C)No. 12412 OF 2010 ------------------------ Dated this the 20th day of April, 2010 JUDGMENT The petitioner, who is presently working as Health Inspector Gr-I in the Primary Health Centre, at Kuruppanthara in Kottayam District has filed this Writ Petition challenging Ext.P3 order transferring her to PCH Centre, at Vaduvakodu, Ernakulam District. The petitioner challenges the order of transfer on the ground that he will retire in the next two years and therefore he is not liable to be transferred. 2. The Apex Court has in State of U.P. and others v. Gobardhan Lal (2004) 11 Supreme Court Cases 402) has held that an order of transfer can be interfered with only if it is passed in violation of any statutory rule or is vitiated by mala fides or is one issued by an incompetent person. The petitioner has no case that the order transferring him to Vaduvakodeu is mala fide. He has also no case that the Additional Director of Health Services is not competent to transfer him or that the order transferring him from Kuruppanthara to Vaduvakodu violates any statutory rule governing his service conditions. WPC NO. 12412/2010 -2- Further, Vaduvakode is not a station far away from his place of residence. I am therefore of the considered opinion that Ext.P2 transfer order transferring the petitioner does not warrant any interference. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. dpk