IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WA.No. 1044 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10643/2010 Dated 29/03/2010 .................... APPELLANT/PETITIONER ------------------------------------ DR.ARUNKUMAR. A, ASSISTANT PROFESSOR, DEPARTMENT OF OPTHALMOLOGY, GOVERNMENT MEDICAL COLLEGE, THRISSUR. BY ADV. SRI.M.V.AMARESAN RESPONDENTS/RESPONDENTS ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE (B) DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. DR.DILEEP KUMAR.K.V, ASSISTANT PROFESSOR, DEPARTMENT OF OPTHALMOLOGY, MEDICAL COLLEGE, KOZHIKODE. BY GOVT. PLEADER SMT. T.B.RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------- W.A No. 1044 OF 2010 -------------------------- Dated this the 23rd day of June, 2010 J U D G M E N T Ramachandran Nair, J. The writ appeal is filed challenging the judgment of the learned Single Judge declining to interfere with the transfer of the appellant from Kozhikode Medical College to Thrissur Medical College. Admittedly both the appellant and the third respondent who were mutually transferred had completed three years tenure in the place they served. Transfer norms provided for shifting after completion of three years tenure in a station. According to the appellant, even though transfer could be made, it is a matter of discretion. In other words, the appellant's claim is that he should be allowed to continue beyond three years in Kozhikode. However, the learned Government Pleader pointed out that the third respondent after completion of three years tenure requested for a transfer to Kozhikode, which is his home station and he is entitled to a transfer. Appellant's case is that the third respondent delayed declaring Kozhikode as his home station and so much so, there should be three years after declaring home station for a transfer. WA No.1044/2010 2 We do not find any merit in the writ appeal because admittedly there is no violation of norms of transfer as both the appellant and the third respondent have completed more than three years in the station they worked. The writ appeal fails and is dismissed. C.N.RAMACHANDRAN NAIR (JUDGE ) P.S.GOPINATHAN (JUDGE ) vps WA No.1044/2010 3 WA No.1044/2010 4