IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7877 of 2009(D) ------------------------- PETITIONER: --------------- K. BALAKRISHNAN, L.D CLERK (HIGHER GRADE), DISTRICT HOSPITAL, MANJERI, MALAPPURAM. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: --------------- 1. DISTRICT MEDICAL OFFICER OF HEALTH, MALAPPURAM. 2. C.R. PRASANNAN, U.D. CLERK, OFFICE OF THE FOOD INSPECTOR, MANJERI CIRCLE, MANJERI, MALAPPURAM DISTRICT. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 7877 of 2009 -------------------------- Dated this the 12th March,2009 J U D G M E N T Petitioner is seeking for a transfer during the coming General Transfer. The particulars relating to the petitioner show that he is presently working as “Lower Division Clerk (Higher Grade)” in the Health Services Department in Malappuram District. He was earlier working in the office of the Food Inspector at Manjeri from where he was transferred to District Hospital, Manjeri. This was challenged in WPC No.16288 of 2008 and by Exhibit-P1 judgment the 1st respondent was directed to consider his representation challenging the transfer. Subsequently, he was transferred to an office at Karuvarakundu, which was later cancelled and thereafter he was transferred and posted to T.B. Centre at Manjeri. 2. Petitioner submits that he is suffering from various ailments and he had undergone a surgery and is to undergo another one immediately. When a vacancy W.P ( C) No. 7877 of 2009 2 arose in the office of the Food Inspector at Manjeri consequent on the promotion of one incumbent, he moved the 1st respondent for a suitable posting there. But the 2nd respondent was posted as per order dated 21.1.2009 specifying that it will be subject to review in next general transfer, if necessary. 3. In these circumstances, he has filed Exhibit-P6 before the 1st respondent. 4. In the result, there will be a direction to the 1st respondent to consider the grievances raised by the petitioner and pass appropriate orders during the time of General Transfer 2009 with notice to the second respondent also. While considering Exhibit-P6, the grievances raised by the petitioner in Exhibits P3 and P4 will also be taken note of. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma The words “Lower Division Clerk (Higher Grade)” occurring in the 3rd and 4th lines of paragraph 1 of the W.P ( C) No. 7877 of 2009 3 judgment dated 12/3/2009 in WP (C) No.7877/2009 are substituted by “Upper Division Clerk” as per order dated 01/04/2009 in I.A No.2502/2009. Sd/- Registrar (Judicial) W.P ( C) No. 7877 of 2009 4