IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 19137 of 2007(C) -------------------------------------- PETITIONER(S): ----------------------- DR. JYOTHI R., 1ST YEAR M.D.STUDENT, (SWASTHAVRITHAM), GOVERNMENT AYURVEDA COLLEGE, TRIVANDRUM, RESIDING AT REMA SADANAM, KOODALLORMELE, BALARAMAPURAM, TRIVANDRUM DISTRICT. BY ADVS. MR.NAGARAJ NARAYANAN MR.V.SANJEEV MR.RAJAN VELLOTH MR.SAIJO HASSAN MR.A.S.SABU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, AROGHYA BHAVAN, TRIVANDRUM. 3. DR. SAJITHA BHADRAN, TUTOR, SWASTHAVRITHA DEPARTMENT, GOVERNMENT AYURVEDA COLLEGE, TRIVANDRUM. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19137/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 15.2.07. P2:- COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE PETITIONER DT. 13.2.07. P3:- COPY OF THE RELIEVING CERTIFICATE ISSUED TO THE PETITIONER DT. 31.5.07. P4:- COPY OF THE REPORT OF TRANSFER OF CHARGE ISSUED OT THE PETITIONER DT. 31.5.07. P5:- COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DT. 6.6.07. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 13.6.07. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ACCOUNTANT GENERAL, KERALA DT. 13.6.07. TRUE COPY P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19137/2007-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of March, 2009 J U D G M E N T The petitioner joined service as Tutor in Swasthavritha department, Government Ayurveda College, Kannur. From there she was transferred to Government Ayurveda College, Thirvananthapuram on 03/06/2005. While she was continuing as such, she applied for admission to M.D Ayurveda after getting no objection certificate from the concerned department. The petitioner contends that since she joined the said course after getting deputation from the Department, she has got a lien in the post held by her at the Government Ayurveda Medical College, Thiruvananthapuram. But as per Ext.P5 proceedings, she was transferred to Government Ayurveda College, Kannur and on the basis of Ext.P5, the third respondent joined the Government Ayurveda College, Thiruvananthapuram on 11/06/2007. Thereafter, the petitioner submitted representations before the second respondent and the Accountant General, which are produced as Exts.P6 and P7. 2. Since nearly two years have lapsed after the said transfer, at this distance of time, this Court will not be justified in interfering with it, W.P.(C) No.19137/2007 -:2:- especially, when there was no interim order in this case. But this will not prejudice the right of the petitioner to file appropriate representation before the competent authority seeking for a convenient posting and, if such a representation is filed, the same will be considered and appropriate orders will be passed in accordance with the norms and guidelines governing transfer. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms