IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 W.P(C).No. 12997 of 2008(V) -------------------------- PETITIONER: ------------ A.S.NAVAS, AGED 43 YEARS, S/O.A.M SYED MOHAMMED, WORKING HEALTH INSPECTOR IN COMMUNITY HEALTH CENTRE, PURAPUZHA, IDUKKI DISTRICT. BY ADV. SRI.T.P.M.IBRAHIM KHAN SRI.V.S.AFSAL KHAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH SERVICE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER OF HEALTH, IDUKKI DISTRICT. BY SRI. NANDAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 12997/ 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A PHOTOSTAT COPY OF THE ORDER NO.A5- 1495/08 DMO(O)DATED 8/04/2008 ISSUED BY THE DISTRICT MEDICAL OFFICER, IDUKKI. EXHIBIT P2 : A PHOTOSTAT COPY OF THE ORDER NO.EG4- 100156/06/DHS DATED 25/02/2008. EXHIBIT P3 : A PHOTOSTAT COPY OF THE REPRESENTATION DATED 25/03/2008 AND FORWARDING LETTER NO. 103 / 2008 DATED 28/03/2008. EXHIBIT P3(a): A PHOTOSTAT COPY OF THE REPRESENTATION DATED 25/03/2008 AND FORWARDING LETTER NO.103/2008 DATED 28/03/2008. EXHIBIT P4 : A PHOTOSTAT COPY OF THE ORDER NO.A5 1495/08 DMO(H) DATED 3/04/2008. EXHIBIT P5 : A PHOTOSTAT COPY OF THE REPRESENTATION DATED 9/04/2008 ISSUED BY THE APPLICANT. /TRUE COPY/ P.A. TO JUDGE scm V.GIRI,J. ------------------------- W.P ( C) No.12997 of 2008 -------------------------- Dated this the 28th July, 2008 J U D G M E N T While working as Junior Health Inspector Gr.I petitioner was promoted as Health Inspector Gr.II by Exhibit P2 and was allotted to Idukki district. He was posted at Vandiperiyar by Exhibit P3. He made a representation to the District Medical Officer highlighting his personal reasons. He sought for a posting in any centre in the lower ranges of Idukki district. In the meanwhile, it seems that Sri.M.G. Saju, Health Inspector, who was earlier posted in the Purappura Primary Health Centre was transferred from Purapuzha to Vandiperiyar. The petitioner was therefore given a posting in Vandiperiyar. Sri.M.G.Saju sought for reconsideration of his transfer from Purapuzha to Vandiperiyar and apparently as per Exhibit P1 order Sri.Saju was allowed to remain in Purapuzha. Petitioner was again posted back to the Primary Health Centre at Vandiperiyar. This is W.P ( C) No.12997 of 2008 2 under challenge in this writ petition. It may be noted that in the meanwhile, the petitioner has moved Exhibit P5 representation before the Director of Health Services. 2. A counter affidavit has been filed on behalf of respondents pointing out that the posting of the petitioner in Vandiperiyar had accompanied a promotion. Therefore, he cannot insist for a posting in a place of his choice. The post which he got in Purapuzha which is 55 kms away from his residence, consequential to a shifting of Sri. M.G. Saju from Purapuzha to Vandiperiyar, was later reconsidered. It was not in acceptance of the petitioner’s claim for a posting in one of the lower ranges in Idukki district. This version given by the respondents seem to be correct. But taking note of the fact that this court had by interim order dated 11.4.2008 permitted the petitioner to continue at Purapuzha and since the petitioner has submitted Exhibit P5 before the Director, the Director may consider the petitioner’s request at the earliest. In the result, the writ petition is disposed of directing the Director of Health Services to consider and pass orders W.P ( C) No.12997 of 2008 3 on Exhibit P5 within a period of one month from the date of receipt of a copy of this judgment. The interim order passed by this Court on 11.4.2008 shall continue till the Director takes a decision on Exhibit-P5 and the petitioner shall thereafter abide by the decision to be taken by the Director of Health Services. Petitioner shall immediately produce a copy of the writ petition along with copy of this judgment before the Director of Health Services, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No.12997 of 2008 4 W.P ( C) No.12997 of 2008 5