IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WA.No. 152 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23386/2008 Dated 10/12/2008 .................... APPELLANT(S): PETITIONER IN WRIT PETITION: ------------------------------------------ A.KUNHIKARI, AGED 52 YEARS, S/O.ITTIYATHAN (LATE), ARYAN HOUSE, AROOR- KULAVATTOOR P.O., MALAPPURAM DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN WRIT PETITION; -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH) MANJERI, MALAPPURAM DISTRICT. GOVT.PLEADER SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.A. No.152 of 2009 ---------------------------------------------- Dated 22nd January, 2009. J U D G M E N T Ramachandra Menon, J. Appellant is the writ petitioner. Ext.P1 order passed by the District Medical Officer, Manjeri, transferring the writ petitioner who was working as Nursing Assistant, from Primary Health Centre, Kondotty to Taluk Hospital, Tirur was subjected to challenge in the writ petition. 2. Ext.P1 order was sought to be sustained on the part of the Government stating that it was passed in view of the administrative exigency and in the best interests of the institution. However, it was pointed out by the learned Government Pleader that there were several vacancies in Manjeri and if the petitioner was desirous of a posting in Manjeri, he could be given such a posting, which course was promptly agreed upon by the petitioner. Recording the above submission, the writ petition was disposed of by the learned Single Judge directing the respondents to give a posting to the writ petitioner as Nursing Assistant in the District Hospital, Manjeri, making it clear that till orders were passed, one vacancy in the District Hospital, Manjeri WA NO.152/09 2 would be kept vacant. 3. The Writ Appeal has been filed by the writ petitioner after changing his mind, pointing out that he did not actually intend to have a posting at Manjeri and that Manjeri is more difficult for him than Tirur. Learned Government Pleader submits that the writ petitioner has already reported for duty in the Taluk Hospital, Tirur and that nothing survives in the matter. However, pointing out the fact that the writ petitioner is having only less than three years to retire from service and that he is eligible to have a posting in the home town in the last leg of his career, the writ petitioner requests for permission to withdraw the writ petition for pursuing the matter before the Government. Considering the facts and sequence of events, we grant such permission. Accordingly, the impugned judgment is set aside and the writ petition is dismissed as withdrawn with liberty to the writ petitioner to pursue his grievance before the Government. If any such representation is filed within one month from today, the Government shall look into the matter and pass appropriate orders thereon in accordance with law within a further period of WA NO.152/09 3 two months. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.A. No.152 of 2009 ---------------------------------------------- J U D G M E N T Dated 22nd January, 2009.