IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16471 of 2009(D) ---------------------------------------- PETITIONER(S): ------------------------ SHAREEF V., JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, PUTHIGE, KASARGODE DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): --------------------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH, KASARGOD. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM. 3. RAMESH BABU, JUNIOR HEALTH INSPECTOR GRADE II,PRIMARY HEALTH CENTRE, CHENGALA, KASARGOD DISTRICT. 4. MAHESH KUMAR C, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, PADNE. 5. ARIF. C, JUNIOR HEALTH INSPECTOR GRADE II, PRIMARY HEATH CENTRE, PUTHIGE, PUTHIGE PO., KASARAGOD DISTRICT. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 16471 of 2009 D =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of June, 2009 JUDGMENT Heard Sri.K.V. Sreevinayakan, the learned counsel appearing for the petitioner. 2. The petitioner who is presently working as Junior Health Inspector Grade-II in the Primary Health Centre at Puthige has filed this writ petition challenging Ext.P2 order of transfer passed by the District Medical Officer of Health, Kasaragod transferring him from Primary Health Centre, Puthige to Primary Health Centre, Pallikkere. 3. The petitioner submits that though he is due for transfer from Puthige and had opted for a posting to Primary Health Centre, Cheruvathur, overlooking his superior claim, respondents 3 to 5 have been accommodated at Cheruvathur. The petitioner contends that respondents 3 to 5 are his juniors and that as the senior among the applicants, the petitioner had a preferential claim for posting in Primary Health Centre, Cheruvathur. 4. Ext.P2 order of transfer was passed by the District Medical Officer. If the petitioner is aggrieved by his transfer and posting as per W.P.(C) No. 16471/09 2 Ext.P2 order, he should have, in my opinion, moved the Director of Health Services, instead of seeking the intervention of this Court. 5. I accordingly dispose of this writ petition with the direction that in the event of the petitioner moving the Director of Health Services by filing a representation within two weeks from the date of receipt of a certified copy of this judgment, the Director of Health Services shall consider the same and pass orders thereon after affording the petitioner and any other person likely to be affected a reasonable opportunity of being heard. Final orders in the matter shall be passed expeditiously and in any event within two months from the date on which the petitioner moves the Director of Health Services. Subject to orders to be thus passed, the petitioner may join duty in the station where he is now posted as per Ext.P2 order. P.N.RAVINDRAN, JUDGE. mn.