IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 16285 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------ CHANDRABOSE.V.P., LAB TECHNICIAN, 24 X 7 PHC THENHIPALAM, PARAMBILPEDIA, MALAPPURAM-676 317. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, THE DEPARTMENT OF PUBLIC HEALTH, SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH, MALAPPURAM-676 505. 3. THE SUPERINTENDENT, GOVERNMENT TALUK HEAD QUARTERS HOSPITAL,TIRURANGADI-676 306. 4. THE MEDICAL OFFICER, PUBLIC HEALTH CENTRE, THENHIPALAM.P.O., PIN-673 636. R1 TO R4 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16285/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.A1(A5)/4703/99/DMO (H) DTD. 10/05/2000 ISSUED BY THE DISTRICT MEDICAL OFFICER, MANJERI. P2: COPY OF THE ORDER DTD. 12/05/03 OF THE DMO, MANJERI. P3: COPY OF THE MODIFIED ORDER DTD. 06/06/03 ISSUED BY THE DMO, MANJERI. P4: COPY OF THE PERFORMA PREPARED BY THE SUPERINTENDENT THQH, TIRURANGADI. P5: COPY OF THE RELEVANT PAGE OF APPLICATION FOR GENERAL TRANSFER FTD. 23/02/07. P6: COPY OF APPLICATION FOR GENERAL TRANSFER DTD. 25/02/09. P7: COPY OF APPLICATION FOR GENERAL TRANSFER DTD. 15/12/10. P8: COPY OF THE REPRESENTATION DTD.21/01/11 SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE SECOND RESPONDENT. P9: COPY OF THE ORDER DTD. 06/04/11 ISSUED BY THE SUPERINTENDENT THQH, TIRURANGADI. P10: COPY OF THE ORDER DTD. 09/06/11 ISSUED BY THE SUPERINTENDENT THQH, TIRURANGADI. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.16285 of 2011 ---------------------------------------- Dated 4th July, 2011 JUDGMENT The petitioner is working as Lab Technician under the 2nd respondent. This writ petition has been filed mainly challenging Ext.P10 whereby after relieving him as per Ext.P9 pursuant to his transfer to Primary Health Centre, Thenjippalam on his request, he has been required to work for three days in a week on stop gap arrangement at his erstwhile station viz., Taluk Head Quarters Hospital, Thirurangadi until further orders. The further prayers of the petitioner are as follows:- “ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to stop the practice of permitting the lab technicians to work in mini PHCs only. iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to- a) prepare a list of lab technicians who have not so far worked in Major Hospitals and based on their seniority to fill the vacancy available in the major hospitals, b) to fill the vacancy of lab technicians in all Taluk hospitals first and then only the vacancies in the minor PHCs be filled. c) to fill the rest of the vacancies in mini PHCs by temporary hands.” WP(C).No.16285/2011 2 I am of the considered view that laying guidelines for transfer and regulating other administrative matters lie within the domain of the competent authorities and therefore, the petitioner cannot, as a matter of right claim regulation of such matters in tune with his suggestions. In short, I am of the view that the petitioner can only pursue his grievances, if any, against Ext.P10. Considering the request of the petitioner, he was given a transfer to his place of choice viz., to Primary Health Centre, Thenjippalam as per order dated 28.2.2011 and was relieved off his duties as per Ext.P9. After giving such favourable order to the petitioner the District Medical Officer of Health, Malappuram, the second respondent, taking into account the administrative exigencies passed an order requiring the petitioner to work for three days in a week on the stop gap arrangement as Lab Technician in Taluk Head Quarters Hospital, Tirurangadi, his erstwhile station. The very contentions of the petitioner would, virtually, justify the said action. According to the petitioner, Taluk Head Quarters Hospital, Thirurangadi is a major Public Health Centre and out of the two sanctioned posts one is lying vacant for the past few years and he had been holding the other post till Ext.P9. The 2nd respondent has, in fact, heeded the request of the petitioner for a transfer from Taluk Head Quarters Hospital, Thirurangadi but, issued Ext.P10 evidently, only in public interest. I am of the view that in such circumstances Ext.P10 cannot be subjected to judicial review. In fact, it calls no interference. However, it will be open to the petitioner to approach the WP(C).No.16285/2011 3 competent authority raising his grievances in case he is aggrieved by the stop gap arrangement. With the said observation, this writ petition is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS