IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 13733 of 2011(N) -------------------------------- PETITIONER: -------------- DR.K.G.SAJEETH KUMAR, ADDITIONAL PROFESSOR, DEPARTMENT OF MEDICINE, CALICUT MEDICAL COLLEGE. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENTS: ------------------ 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL MEDICINE, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695001. 3. THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE-673008. 4. THE PROFESSOR & THE HEAD, MEDICINE, MEDICAL COLLEGE, KOZHIKODE-673008. 5. DR.K.ABDUL MAJEED, ASSOCIATE PROFESSOR OF MEDICINE, MEDICAL COLLEGE, KOZHIKODE-673008. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.13733 Of 2011 ----------------------------------------------------- DATED THIS THE 23rd DAY OF MAY, 2011 J U D G M E N T The petitioner is working as Additional Professor in the General Medicine Department in Kozhikode Medical College. The 5th respondent has now been transferred to Kozhikode Medical College. The petitioner is mainly aggrieved by the posting of the 5th respondent, who was working in Thrissur Medical College, as per Exhibit P1 order dated 26.4.2011. The petitioner has raised mainly two grievances. One is that the seniority position of the 5th respondent has not been correctly assessed. Secondly, that attempts are being made by the 5th respondent to post him as Unit Chief in the Unit M6 which is now under the charge of the petitioner. 2. Detailing the grievances, the petitioner approached the Government by filing Exhibit P7 representation. It is pointed out that since urgent actions are expected on the part of the 5th respondent to replace the petitioner, a direction may be issued to the Government to consider Exhibit P7 representation within a W.P.(C)No.13733/2011 -2- time frame. The learned counsel for the petitioner also prayed that the respondents may be restrained from divesting the petitioner as Unit Chief of M6 Unit. 3. Heard the learned Government Pleader appearing for respondents 1 to 4. Since the petitioner has already approached the Government by filing Exhibit P7 representation detailing his grievances, there will be a direction to the Government to take a decision on Exhibit P7 representation after hearing the petitioner and the 5th respondent. The same will be done within a period of two months. It is open to the petitioner to move the Government for appropriate interim orders in the meanwhile. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment before the Government for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn