IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(C).No. 12496 of 2011(J) -------------------------- PETITIONER(S): --------------- GIRISH.P.G., JUNIOR HEALTH INSPECTOR GRADE-IIM PRIMARY HEALTH CENTRE, PAVARATTY, THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): --------------- 1. DISTRICT MEDICAL OFFICER (HEALTH), THRISSUR, THRISSUR DISTRICT, PIN-680 005. 2. HARIS.P.K., JUNIOR HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, ELAVALLY, THRISSUR DISTRICT, PIN - 680 511. GOVT.PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ---------------------------------------------- W.P(C).No. 12496 of 2011 ---------------------------------------------- Dated this the 19th day of April, 2011 JUDGMENT The petitioner, a Junior Health Inspector Grade-II, posted at Pavaratty Primary Health Centre, has filed this Writ Petition challenging Exhibit P4 transfer order, by which he was transferred and posted to the Primary Health Centre, Vadakkekad. 2. According to the petitioner, he has suffered a fracture of his leg in a motor accident. The fracture has not healed completely and he is still undergoing treatment, as evidenced by Exhibit P3 medical certificate. The petitioner had been given an opportunity to exercise his option and to indicate the places of choice, to which he would prefer to be transferred. According to him, he had indicated his preferences. However, none of his preferred stations were granted to him and Exhibit P1 draft transfer order was passed proposing him to be transferred to the Primary Health Centre, Vadakkekad. Immediately thereupon, he submitted an appeal to the first respondent setting out his grievances in detail. However, without considering any of the objections put forward by him, it is alleged that Exhibit P4 transfer order has been issued transferring and posting the petitioner to the Primary Health Centre, WP(C) No.12496/11 - 2 - Vadakkekad. According to the petitioner, his transfer is vitiated by malafides and extraneous consideration. Therefore, he seeks to set aside the same. 3. I have heard the learned counsel for the petitioner at length and also heard the learned Government Pleader who appeared for the respondents. 4. I notice that Exhibit P4 is an order of general transfer, by which as many 34 Junior Health Inspectors have been transferred to and from various places in Thrissur district. A number of transfers are seen to be on the request of the incumbent. The reasons for transfer of others are not indicated in Exhibit P4. The objections raised by the petitioner against Exhibit P4 are all personal and connected with his health condition. It is true that the present health condition of the petitioner as evidenced by Exhibit P3 medical certificate requires sympathy. However, such considerations are insufficient to interfere with an order of general transfer like Exhibit P4. I also notice that any interference with Exhibit P4 would necessarily affect the transfers and postings of various other persons who have been transferred by the same order. The allegations of malafides levelled by the petitioner are not supported by any material. In the absence of any material, I do not find any ground to interfere with Exhibit P4. WP(C) No.12496/11 - 3 - 5. Learned counsel for the petitioner has vehemently contended that Exhibit P2 appeal has not been considered or disposed of by the first respondent. The learned Government Pleader, on the other hand, contended that the objections were considered and have been rejected by the issuance of Exhibit P4 final order of transfer. Learned counsel for the petitioner sought for an opportunity to place the personal grievances of the petitioner before the authority concerned. I think, such an opportunity can be granted. In the above circumstances, the petitioner is permitted to make an appropriate representation to the first respondent detailing his grievances and seeking a posting to a station close to his house. If such an application is submitted, the first respondent shall consider the same and pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of such application. This Writ Petition is accordingly dismissed with the above observations. K.SURENDRA MOHAN, JUDGE vgs