IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20248 of 2011(E) -------------------------------------- PETITIONERS: --------------------- 1. M.K. VIJAYAN, HEALTH INSPECTOR GR-II, PRIMARY HEALTH CENTRE, KUTHANUR, PALAKKKAD. 2. MOHANDAS.K, HEALTH INSPECTOR GR-II, PRIMARY HEALTH CENTRE, VANNAMADA, CHITTUR, PALAKKAD. BY ADVS. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SMT.RASHMI RAVINDRAN, SMT.D.S.THUSHARA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 3. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM - 695 001. 4. THE DISTRICT MEDICAL OFFICER (HEALTH), PALAKKAD - 678 001. R1 TO R4 BY GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20248/2011-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NO.EG-4/13892/11/DHS DTD. 17/05/2011. EXT.P.2: COPY OF THE OBJECTION FILED BY THE P.1. EXT.P.3: COPY OF THE OBJECTION WITH ANNEXURES BY THE P.2. EXT.P.4: COPY OF THE ORDER NO. EG-4/13892/11/DHS DTD. 21/07/2011. EXT.P.5: COPY OF THE ORDER DTD. 27/04/2000. EXT.P.6: COPY OF THE CIRCULAR DTD. 06/12/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 20248 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2011 J U D G M E N T The petitioners are presently working as Health Inspector Grade II under the Health and Family Welfare Department. They are aggrieved by Ext.P4 order of transfer. Earlier, Ext.P1 draft list published on 17.5.2011 and the name of the petitioners were included thereunder at serial Nos.89 and 90 respectively. Against the proposal in Ext.P1 the petitioners have preferred objections. The grievance of the petitioners is that the objections and claims put forth by them were not properly appreciated by the respondents while finalising Ext.P1 as per Ext.P4. The contention of the first petitioner is that as he is an inter-caste married person and Government orders provides certain preferences to such persons in the matter of transfer. In the case of the second petitioner, he has also raised the same contentions. That apart, it is contended that his father is suffering from heart diseases and there is none in the family to take care of his aged parents. I am of the view that in case the petitioners are WPC.No.20248/2011 : 2 : aggrieved on account of non-consideration of their claims and also the preferential rights available to them in the matter they have to take up their grievances before the first respondent. In that view of the matter this writ petition is disposed of with liberty to the petitioners to move appeals against Ext.P4 before the 1st respondent and in case, they desirous to file such appeals, it shall be done within ten days from the date of receipt of copy of this judgment. It will be open to the petitioner to raise all the aforesaid contentions as well in their respective appeals. In case, the petitioners prefer appeals within the time stipulated hereinbefore the first respondent shall consider the same and pass appropriate orders thereon. Needless to say that in case, favourable consideration of the claims of the petitioners would affect any other employees, such employees shall also be put on notice before passing orders on appeals, if preferred. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge