IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 33953 of 2008(P) ------------------------------------------- PETITIONER(S): ------------------------ JACOB VARGHESE, 39, S/O.M.J.VARGHESE, JUNIOR HEALTH INSPECTOR GRADE-1, COMMUNITY HEALTH CENTRE, VITHURA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:33953 of 2008 ----------------------------- Dated this 5th day of November, 2008 JUDGMENT The petitioner is presently working as Junior Health Inspector Gr.I in the Community Health Centre at Vithura. He was formerly employed as Junior Health Inspector Gr.I in the M.C.H. unit at Pangappara. His wife suffers from a degenerative eye disease and his presence at Trivandrum, is necessary with a view to attend to his wife’s medical needs. The petitioner submits that by Ext.P1 order dated 24-7-2008 he was transferred to Vithura which is about 35 kilometers away from his place of residence and that as a result of his transfer he is not in a position to take care of his wife who suffers from de generative eye disease. Setting out these facts the petitioner has submitted Ext.P5 representation before the District Medical Officer of Health, Trivandrum and his wife has submitted Ext.P6 representation before the District Medical Officer of Health, Trivandrum. In the said representations they have sought transfer to the M.C.H. Unit at Pangappara. In this writ petition, the petitioner inter alia prays for a direction to the District Medical Officer of Health, Trivandrum to consider Exts.P5 and P6 representations and take a decision thereon within a time limit to be fixed by this Court. 2. The learned Government Pleader appearing for the respondents submits on instructions that Ext.P5 has been received by WPC:33953 OF 2008 2 the District Medical Officer, Trivandrum. The pleadings disclose that the petitioner's wife who is an Assistant Surgeon in the Health Services Department suffering from a degenerative eye disease. The guidelines governing transfer and posting of Government employees contemplate that as far as possible, husband and wife shall be posted in the same station. In these circumstances, the District Medical Officer of Health Trivandrum is directed to consider the request made by the petitioner in Ext.P5 and by his wife in Ext.P6 representation sympathetically and take a decision thereon within one month from the date of receipt of a copy of this judgment. If vacancies exist as claimed by the petitioner, the District Medical Officer of Health shall give preference to the request made by the petitioner. If vacancies do not exist, presently his request for transfer shall be considered against the next arising vacancy. P.N.RAVINDRAN, JUDGE bps