IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WA.No. 1409 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.23010/2010 Dated 23/07/2010 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. K.C. AJITH KUMAR, S/O. DAMU, PHARMACIST, PRIMARY HEALTH CENTRE, KODIYERI, KANNUR DISTRICT, RESIDING AT ANJALI, CHITTARIPARAMBA P.O., KANNUR - 670 702. 2. VINOD KUMAR K.K., PHARMACIST, DISTRICT HOSPITAL, KANNUR, S/O. LATE SANKARANKUTTY NAIR, RESIDING AT VRINDAVAN, PANDAKKAL P.O., MAHE - 673 310. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH SERVICES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 035. 2. THE DIRECTOR OF HEALTH SERVICES(MDL), DIRECTORATE OF HEALTH SERVICES, GOVERNMENT OF KERALA, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM - 695 035. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR - 670 307. R1 TO R3 BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1409 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 JUDGMENT Ravindran, J. The appellants are the unsuccessful petitioners in W.P.(C) No.23010 of 2010. The writ petition was filed challenging Ext.P3 letter sent by the Additional Director of Health Services to the appellants whereby the Additional Director of Health Services declined the request made by the appellants for transfer to General Hospital, Thalassery and Ext.P4 Government order relied on by the Director of Health Services to reject that request. 2. The appellants contended before the learned single Judge that the posts of Pharmacist Grade I and Pharmacist Grade II are not interchangeable. This contention was raised relying on Ext.P1 order dated 01.07.09 issued by the Additional Director of Health Services. The learned single Judge repelled the said contention and held that the posts of Pharmacist Grade I and Pharmacist Grade II are interchangeable, that the WA No. 1409 of 2010 -:2:- authority competent to transfer Pharmacists is the District Medical Officer and that Ext.P1 has no impact on the power of the District Medical Officer to transfer Pharmacists. The writ petition was accordingly dismissed. 3. We heard Sri.P.B.Sahasranaman, the learned counsel appearing for the appellants. We have also gone through the materials placed on record. The request made by the appellants for transfer to General Hospital, Thalassery was rejected for the reason that there is no vacancy of Pharmacist available in that hospital. The appellants claimed transfer to General Hospital, Thalassery contending that the vacancies of Pharmacist Grade I in that hospital have been filled up by the District Medical Officer by transferring and posting Grade II Pharmacists. The Director of Health Services has in Ext.P3 taken the stand that on the terms of Ext.P4 Government order, Pharmacist Grade I and Pharmacist Grade II can be transferred and posted against vacancies of Pharmacists without taking into account the grade to which they belong. In our view, the mere fact that a ratio has been prescribed later by Ext.P1 order between Pharmacist Grade WA No. 1409 of 2010 -:3:- I and Pharmacist Grade II, cannot have the effect of amending Ext.P4 Government order. All that Ext.P1 indicates is that as on 01.07.2004, 560 posts of Pharmacist Grade II have to be upgraded to Grade I post, to maintain the ratio of 1:2 between Pharmacist Grade I and Pharmacist Grade II. The said decision cannot, in our opinion, be understood as one disabling the District Medical Officer from transferring Pharmacists within the district or from filling up vacancies of Pharmacists by posting Pharmacists of either grade against such vacancies. We are therefore in agreement with the learned single Judge that the challenge to Exts.P3 and P4 is without any merit. We accordingly hold that there is no merit in the writ appeal. The Writ Appeal fails and is dismissed. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WA No. 1409 of 2010 -:4:-