IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 25450 of 2011(E) -------------------------- PETITIONER(S): -------------- 1. BABURAJ.K.P., S/O.KARUNAKARAN, AGED 43 YEARS, HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, KARUVATTOOR, KOZHIKODE DISTRICT. 2. RAVEENDRAN.K., HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, THIRUVANGOOR, KOZHIKODE DISTRICT. 3. GANGADHARAN GOPALAN NAIR, HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, KOODARANHI, KOZHIKODE DISTRICT. 4. UNNIKRISHNAN.P., S/O.GOVINDAN, AGED 46 YEARS, HEALTH INSPECTOR GRADE-II, C.H.C.KODUVALLY, KOZHIKODE DISTRICT. BY ADV. SRI.GEORGE MATHEW SMT.CELINE JOSEPH RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, TRIVANDRUM - 695001 2. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (PH), DIRECTORATE OF HEALTH SERVICE, TRIVANDRUM - 695001 WP(C).No. 25450 of 2011(E) 3. THE DISTRICT MEDICAL OFFICER, KOZHIKODE - 673001 4. P.SADANANDAN, HEALTH INSPECTOR GRADE-II, P.H.C., THIRUVANGOOR, KOZHIKODE - 673001 5. N.ANIL, HEALTH INSPECTOR GRADE-II, C.H.C. KODUVALLY, KOZHIKODE - 673001 6. JOY THOMAS, HEALTH INSPECTOR GRADE-II, P.H.C., KARUVATTOOR, KOZHIKODE - 673001. 7. TOMY THOMAS, HEALTH INSPECTOR GRADE-II, P.H.C.KOODARANHI, KOZHIKODE - 673001. R1 TO R7 BY SR.GOVT.PLEADER SRI.E.K.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 25450 of 2011(E) APPENDIX PETITIONER'(S) EXHIBITS: EXT-P1 COPY OF THE RELEVANT PORTION OF THE ORDER DATED 21/7/2011 ISSUED BY 2ND RESPONDENT. EXT-P2 COPY OF THE JUDGMENT DATED 29.07.2011 IN W.P.(C) NO.20229/2011 OF THIS HONOURABLE COURT. EXT-P3 COPY OF THE MINUTES OF THE HEARING. EXT-P4 COPY OF THE ORDER DATED 17/09/2011 ISSUED BY THE 3RD RESPONDENT. EXT-P5 COPY OF THE APPEAL DATED 17.09.2011 FILED BY THE PETITIONER EXT-P5(a) COPY OF THE REPRESENTATION DATED 22.09.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT-P5(b) COPY OF THE REPRESENTATION DATED 22.09.2011 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT. EXT-P5(c) COPY OF THE REPRESENTATION DATED 22.09.2011 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'(S) EXHIBITS: EXT.R2(a) COPY OF THE ORDER DISPOSING THE APPEAL PETITION SUBMITTED BY THE INCUMBENTS. //TRUE COPY// PA TO JUDGE BKA K. SURENDRA MOHAN, J. ------------------------------------------ WP(C) NO. 25450 OF 2011 ------------------------------------------ Dated this the 14th day of December, 2011 J U D G M E N T The petitioners are working as Health Inspectors Grade II in the Health Services Department. They are all residents of Kozhikode district. They have been transferred to different places in Thiruvananthapuram, Idukki and Kollam districts. In the preliminary list for transfer of employees issued by the 2nd respondent, petitioners 1 to 3 were not included and therefore, they had no prior notice about the transfer. Against Ext.P1, the petitioners had filed WPC No:20229/2011 before this Court. The said writ petition was heard along with other similar writ petitions and were allowed as per Ext.P2 judgment. The 2nd respondent was directed to consider the grievances of the petitioners as well as their objections and to pass fresh orders regarding their transfer. Accordingly, the matter was heard and by Ext.P3, it was decided not to disturb the WP(C) NO. 25450 OF 2011 ..2.. petitioners till 08.10.2011. However, Ext.P4 order of transfer has been passed on 17.09.2011 ignoring Ext.P3 as well as the judgment of this Court, and Ext.P1 transfer order was implemented. Accordingly, the petitioners have been relieved and they are at present working at the places to which they have been transferred. 2. According to the counsel for the petitioner, Ext.P4 has been issued in violation of the judgment of this Court, Ext.P2, as well as the initial decision to retain the petitioners at their present posting places; the same is vitiated and liable to be set aside. It is also contended that Ext.P4 has been passed without issuing any final orders on the representations filed by the petitioners against their transfer. 3. A counter affidavit has been filed on behalf of the 2nd respondent. Along with the counter affidavit, Ext.R2(a) WP(C) NO. 25450 OF 2011 ..3.. order dated 12.09.2011 has been produced, by which the representations of petitioners have been rejected. It appears that Ext.P4 has been passed on 17.09.2011 after the issue of Ext.R2(a). 4. Counsel for the petitioner submits that the petitioners have already submitted appeals before the 1st respondent which are produced along with their reply affidavit as Exts.P5(a), P5(b) and P5(c) respectively. The petitioners seek the issue of appropriate directions for considering and disposing of their appeals. 5. In view of the fact that the petitioners have already challenged Ext.R2(a) before the 1st respondent by submitting appeals against the same, it is only appropriate that the said authority is directed to consider and pass orders on the said appeals, without delay. WP(C) NO. 25450 OF 2011 ..4.. 6. This writ petition is accordingly disposed of directing the 1st respondent to consider the appeals filed by the petitioners, evidenced herein by Ext.P5(a), P5(b) and P5(c) respectively, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of 6 weeks from the date of receipt of a copy of this judgment, after hearing the petitioners also. K. SURENDRA MOHAN, JUDGE bka/-