IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 W.P(C).No. 33162 of 2008(W) ----------------------------------- PETITIONER: -------------- DR.SUNIL KUMAR.S, READER, DEPARTMENT OF SALAKYATHANTHRA, GOVT.AYURVEDA COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVT. AYURVEDA COLLEGE, THIRUVANANTHAPURAM. GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 33162 OF 2008 W = = = = = = = = = = = = = = = Dated this the 11th day of November 2008 J U D G M E N T Petitioner challenges Ext. P2 order of transfer and seeks a direction to allow him to continue as Associate Professor/Reader in the department of Salakyathanthra (Eye & ENT) in the Government Ayurveda College, Thiruvananthapuram. 2. Petitioner was appointed as a Tutor at the Government Ayurveda College, Thiruvananthapuram in March, 1996. According to him, thereafter for 6 months he worked in Thripunithura and till about August, 1998 at Kannur and was transferred to Trivandrum. Later, he was promoted as Assistant Professor in 2004 and as Associate Professor/Reader in July, 2008, in which post he is now working. 3. By Ext. P2 order along with others, the petitioner has been transferred and is posted to Kannur. Immediately thereafter by Ext. P3, the 3rd respondent has relieved those including the petitioner, who are transferred by Ext. P2. The contention that is raised is that his transfer is not in public interest. It is contended that his transfer will lead to dearth of staff and the withdrawal of permission by the Central Council of Indian Medicine. Counsel for the petitioner refers to Ext. P1 in this context. W.P.(C) No.33162 OF 2008 -2- 4. Petitioner has no dispute about the service he was rendered and his liability to be transferred, but only seeks to avoid the same on the ground that his transfer will not be in the interest of the Organization. In my view, once liability of transfer is beyond dispute, the fact that it is against the interest of the Organisation is essentially a matter for the authorities who have issued the order of transfer to consider. There is nothing to infer that these aspects were not considered when Ext.P2 was issued or that necessary safeguards will not be taken by the authorities to maintain the recognition from the Council of Indian Medicine. 5. These are not reasons for the petitioner to contend that he should not be transferred from out of the present station. I do not find any reason to entertain the writ petition. Writ petition fails and is dismissed. 6. Needless to say, it will be open to the petitioner to represent to the authorities and it is clarified that the dismissal of this writ petition will not stand in the way of the petitioner, to be retained at Thiruvananthapuram, if he is otherwise eligible for the same. ANTONY DOMINIC JUDGE jan/-