IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 2974 of 2009(D) ------------------------- PETITIONER(S): --------------- DR.R.VIJAYAKUMAR, ASSOCIATE PROFESSOR (ORTHOPEDICS) MEDICAL COLLEGE, THRISSUR. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, ALAPPUZHA. 4. THE PRINCIPAL, MEDICAL COLLEGE, THRISSUR. 5. DR.T.M.JOSE, ASSOCIATE PROFESSOR (ORTHOPEDIC) MEDICAL COLLEGE, ALAPPUZHA. ADV. SRI.P.RAMAKRISHNAN FOR R5 GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C).No.2974 of 2009 ----------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T Heard Sri.Sasindran, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4 and Sri.P.Ramakrishnan, the learned counsel appearing for the fifth respondent. 2. The petitioner and the fifth respondent are Associate Professors of Orthopaedics. The petitioner is senior to the fifth respondent. The petitioner was promoted as Associate Professor as per order dated 1.12.2006 and posted in Medical College, Thrissur where he was then working. The fifth respondent, who was also working in Medical College, Thrissur was posted in Medical College, Alappuzha on promotion as Associate Professor. The fifth respondent has attained the age of superannuation. However, by virtue of Rule 60(c) of Part I KSR he can continue in service till 30.04.2009. Later, by Ext.P2 order dated 23.1.2009, the fifth respondent was transferred back to Medical College, Thrissur and the petitioner was transferred to Alappuzha in his W.P.(C).No.2974 of 2009 2 place. Ext.P2 is challenged in this writ petition. 3. Though this Court had passed an interim order on 28.1.2009 staying the petitioner's transfer under Ext.P2 till 10.2.2009, before the order of stay was passed, the fifth respondent was relieved from Alappuzha and he joined duty at Thrissur. The petitioner was also relieved from Thrissur and he joined duty at Alappuzha. When the writ petition came up for hearing today, Sri. M.Sasindran, the learned counsel appearing for the petitioner submitted that a vacancy of Associate Professor in the Department of Orthopaedics will arise in Medical College, Thrissur when the fifth respondent retires from service on 30.4.2009 and that the petitioner will be satisfied, if he is transferred back to Thrissur in that vacancy. The learned counsel for the petitioner also submits that instances are numerous, where Assistant Professors on promotion to the post of Associate Professor were allowed to continue in the Medical Colleges where they are working and therefore the official respondents may be directed to transfer the petitioner back to Thrissur, when the fifth respondent retires from service. In my opinion, this is a matter W.P.(C).No.2974 of 2009 3 for the Government to decide. 4. The petitioner shall within two weeks from today file an appropriate representation before the Secretary to Government, Health and Family Welfare Department seeking a transfer to Medical College, Thrissur in the vacancy that would arise on 30.4.2009 on the retirement of the fifth respondent. The Secretary to Government shall pass orders on the said representation, expeditiously, and in any event, before the vacancy that would arise on the retirement of the fifth respondent is filled up. While considering the claim of the petitioner, the requests, if any, made by any other Associate Professor of orthopaedics for transfer and posting to Thrissur, shall also be considered. The Writ Petition is disposed of as above. P.N.RAVINDRAN, JUDGE. bkn/-