IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14238 of 2010(D) --------------------------------------- PETITIONER: ------------------- M.C.THANKAMANY, PUBLIC HEALTH NURSING SUPERVISOR, COMMUNITY HEALTH CENTRE, THARIYOD, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENTS: ------------------------ 1. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, THARIYOD, WAYANAD DISTRICT. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, KERALA. 3. C.H.CHINMAYAMANI, PUBLIC HEALTH NURSING SUPERVISOR, COMMUNITY HEALTH CENTRE, KUTTIYADI, KOZHIKODE DISTRICT. 4. REETHAMMA JOSEPH, PUBLIC HEALTH NURSING SUPERVISOR, COMMUNITY HEALTH CENTRE, MUKKOM, KOZHIKODE DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU, R4 BY ADV. SRI.MATHEW KURIAKOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.14238 of 2010 (D) --------------------------------- Dated, this the 18th day of May, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P4 to the extent the petitioner is transferred from Thariyodu, Wayanad to Kozhikkode district. 2. The petitioner is a Public Health Nursing Supervisor. Being a member of Scheduled Tribe Community and having contracted inter caste marriage, the petitioner states that she is entitled protection from transfer. At any rate, such protection is extended only by way of guidelines issued by the Government and therefore in the exigencies of service, if transfers are ordered deviating from such guidelines, that does not give rise to any cause of action for redressal in a proceedings under Article 226 of the Constitution of India. 3. Facts also show that the petitioner has been in the present station since 24/06/2005. She has completed the normal tenure of three years and is holding a transferable post. No sort of WP(C) No.14238/2010 -2- malafides or other illegalities has been made out. Therefore, I do not think that this Court should interfere with Ext.P4. Be that as it may, if the petitioner is aggrieved by the order of transfer, it will be open to the petitioner to move the 2nd respondent, in which event it is directed that the 2nd respondent shall consider her grievance and pass orders thereon in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg