IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20607 of 2008(C) ------------------------------------- PETITIONER : ------------------ DR.J.GIRISH KUMAR, S/O.JNANESWARAN, AGED 53 YEARS, QTR NO.7, COMMUNITY HEALTH CENTRE. MANMBUR POST, THIRUVANANTHAPURAM, PRESENTLY WORKING AS ASST.SURGEON, COMMUNITY HEALTH CENTRE, ANJUTHENGU. BY ADV. SRI.A.AHZAR RESPONDENTS : ---------------------- 1. SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH, OFFICE OF THE HEALTH DIRECTOR, THIRUVANANTHAPURAM. 3. DR.P.V.SEETHAMANI, KERALA RAJ BHAVAN DISPENSARY, RAJ BHAVAN, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20607/2008 -------------------- Dated this the 9th day of July, 2008 JUDGMENT Petitioner who is working as Assistant Surgeon in the Community Health Centre, Anjuthengu, is aggrieved by his transfer to the Community Health Centre at Vellarada. According to the petitioner, this place is more than 90 kms., away from his place of residence. He joined at Anjuthengu only in the year 2007 and is due to retire in 2009. He has got only 1½ years in service. 2. I heard learned counsel for the petitioner. I do not find any grounds to interfere with the order of transfer as such. This is especially because the transfer is accompanied by a promotion. 3. But, nevertheless if the petitioner moves an application before the Government within two weeks from today, pointing out the vacancies in places which are nearer to his place of residence, Government shall consider the same and pass orders thereon, within three W.P.(C).20607/2008 2 weeks thereafter, taking note of the fact that the petitioner is due to retire in another 1½ years. Government shall also consider whether any other junior in service, who has longer tenure, could be accommodated in the place to which the petitioner is now posted. This indulgence may be shown taking note of the fact that the petitioner is due to retire in 1½ years. V.GIRI, Judge mrcs