IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 14919 of 2009(H) -------------------------------------- PETITIONER(S): -------------------------- 1. G.PADMADEVI, W/O.LATE A.R.SOMASEKHARAN NAIR, AGED 48 YEARS, JUNIOR PUBLIC HEALTH NURSE GRADE I, PRIMARY HEALTH CENTRE, AYARKUNNAM, KOTTAYAM DISTRICT. 2. LILLYKUTY ABRAHAM, W/O.JOSHY JOSEPH, AGED 44 YEARS, JUNIOR PUBLIC HEALTH NURSE GRADE I, COMMUNITY HEALTH CENTRE, PAIKA, KOTTAYAM DISTRICT. BY ADV. MR.V.A.MUHAMMED RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KOTTAYAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, ALONG WITH WPC. NO.14967 OF 2009 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)Nos.14919, 14967, 15030, 15143 & 15231 of 2009 -------------------------------------- Dated 3rd June, 2009 JUDGMENT Heard Sri.K.P.Kylasanatha Pillay, Sri.M.Sajjad and Sri.R.Arun Raj, the learned counsel appearing for the petitioners. 2. The petitioners are Grade I Junior Public Health Nurses. They have filed these writ petitions apprehending that the objections raised by them to the draft general transfer order issued by the Additional Director of Health Services (Ext.P6 in W.P.(C)No.15030 of 2009) will not be considered in the light of Ext.P5 guidelines before the transfer order is finalised. In these writ petitions, the petitioners seek the intervention of this Court to enable them to continue in the stations where they are presently working or to direct the respondents to transfer them to stations of their choice. 3. Ext.P5 produced in W.P.(C)No.15030 of 2009 is the guidelines governing transfer and posting of Government servants. It is in tune with the said guidelines that a draft list was published and the petitioners and others permitted to object to it. In my opinion, the petitioners cannot be heard to contend that their objections will not be considered by the Additional Director of Health Services before the WP(C).No.14919/2009 & Connected cases 2 final transfer order is issued. The petitioners will have to wait till the Additional Director of Health Services passes final orders in the matter and if they are aggrieved by the transfer order passed by the Director of Health Services/Additional Director of Health Services, it will be open to them to move the Government, which has got residuary powers to order transfer in deviation of the guidelines/norms. I accordingly hold that these writ petitions are premature. They are accordingly disposed of with the observation that if the petitioners are aggrieved by the transfer order passed by the Director of Health Services/Additional Director of Health Services, it will be open to them to move the Government seeking redressal of their grievances. 4. It is also clarified that if orders of transfer have not been passed as on today, the Director of Health Services/Additional Director of Health Services shall consider the points raised by the petitioners in these writ petitions while finalising transfer order. In order to enable the Director of Health Services/Additional Director of Health Services to act as directed above, the petitioners shall produce copies of these writ petitions before him, before 11 a.m. on 6.6.2009. The registry is directed to issue certified copies of this judgment to the learned counsel appearing for the petitioners in these WP(C).No.14919/2009 & Connected cases 3 writ petitions, if applied for, today itself and also to the learned Government Pleader free of cost. P.N.RAVINDRAN Judge TKS