IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 16357 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. K.S.JOY, JUNIOR INSPECTOR GRADE-I, PRIMARY HEALTH CENTRE, KULASEKHARAPURAM, KOLLAM. 2. SHIBU M., JUNIOR INSPECTOR GRADE-I, PRIMARY HEALTH CENTRE, THODIYOOR, KOLLAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, KOLLAM. (*)ADDL.RESPONDENTS 2 TO 5 IMPLEADED ADDL.R3 H.SHANAVAS, S/O.HAMEED KUNJU, AGED 33 YEARS, JUNIOR HEALTH INSPECTOR GRADE-I, PRIMARY HEALTH CENTRA, CHENNITHALA. ADDL.R4 K.AJIRAJ, JUNIOR HEALTH INSPECTOR GRADE-I, PRIMARY HEALTH CENTRA, MEZHUVELI, PATHANAMTHITTA. ADDL.R5 B.C.NISHOKUMAR, JUNIOR HEALTH INSPECTOR GRADE-I, COMMUNITY HEALTH CENTRE, VANDIPERIYAR, IDUKKI DISTRICT. [(*) ADDL.RESPONDENT NOS.R3 TO R5 IMPLEADED AS PER ORDER DATED 08/07/2008 IN I.A.NO.8535/2008] ADV. SRI.V.A.MUHAMMED FOR ADDL.R3-5 SRI.K.E.HAMZA FOR ADDL.R3-5 SRI.T.V.VIJAYARAJAN FOR ADDL.R3-5 SRI.M.SAJJAD FOR ADDL.R3-5 GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16357 of 2008-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2009. JUDGMENT The petitioners are aggrieved by Ext.P1 order transferring them respectively to Pathanamthitta and Idukki Districts. They are working as Junior Health Inspector Grade I. 2. The petitioners have been working in Primary Health Centre, Kulasekharapuram, Kollam and Primary Health Centre, Thodiyoor respectively from 16.2.2005. According to the petitioners, going by Ext.P1, the transfers have been ordered on request and they have not made any such request before the competent authority and therefore, there was no justification to transfer them. 3. A statement has been filed on behalf of the respondents. It is pointed out that if an incumbent has completed more than 3 years in a district, he is liable to be transferred. What happened in this case is that the petitioners were transferred as per a list received from the District Medical Officer (H), Kollam, to accommodate the incumbents who are working in other districts for more than three years up to seven years and whose native district is Kollam and who had requested for a transfer to Kollam during the WPC 16357/2008 2 course of General Transfer, 2008. There were 28 applicants working in other districts and who have opted for a transfer to Kollam District during the course of General Transfer, 2008. It is in these circumstances the petitioners had to be transferred to other districts. It is further pointed out that they had filed an appeal before the higher authority and as per Ext.R1 (a) the same has been dismissed also. 4. It cannot be said that the reason pointed out to transfer the petitioners is unsustainable. They have been transferred only to accommodate the seniors to the petitioners who have been working in other districts. The authority has entertained their requests in accordance with the norms of transfer. True that the petitioners have not filed any application for transfer during the course of general transfer. But, since seniors had to be accommodated, the authority has to act in accordance with the guidelines. Further, the appeal filed by the petitioners has also been dismissed as per Ext.R1(a). It is not under challenge in this writ petition. 5. Therefore, the writ petition fails. Learned counsel for the petitioners submits that the interim order passed by this court on 3.6.2008 was modified by a subsequent order dated 11.7.2008 making it clear that the order of status-quo shall be confined to the retention of the petitioners in their station and will not stand in the way of implementation of Ext.P1 as WPC 16357/2008 3 regards the others. It is prayed that the petitioners may be allowed to file appropriate representation before the second respondent seeking for accommodation in various places in Kollam District itself in existing vacancies, so that they need not be transferred out to other districts. If a representation is filed pointing out the vacancies, the same shall be considered in accordance with the guidelines. With liberty to do so, the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/