IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 35079 of 2009(D) -------------------------- PETITIONER(S): --------------- GIREESH.K.P., UPPER DIVISION CLERK, MEDICAL COLLEGE HOSPITAL, TRISSUR. BY ADV. SRI.C.HARIKUMAR SMT.MOLLY KOSHY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT. HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVNANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OFMEDICAL EDUCATION THIRUVANANTHAPURAM. 4. THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, THRISSUR. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35079 of 2009 (D) --------------------------------- Dated, this the 16th day of December, 2009 J U D G M E N T The petitioner is working as a Lower Division Clerk in the Health Services Department. On the abolition of the dual control system, he opted for Medical Education Department. In the meanwhile, he was promoted as Upper Division Clerk. Thereafter, by Ext.P5 dated 04/11/2009, he was informed that he could not be posted as UDC, and hence his transfer of lien and deployment to Medical Education Department was cancelled. Aggrieved by Ext.P5 he has filed Ext.P7 before the 2 nd respondent. It is complaining of Ext.P5 this writ petition has been filed. 2. However, fact remains that the impugned order is issued by the Government. Ext.P2 being a Government Order, I feel it is only appropriate that the petitioner should take up the matter before the 1 st respondent itself. 3. Therefore, I dispose of this writ petition directing that it will be open to the petitioner to move the 1 st respondent against the WP(C) No.35079/2009 -2- aforesaid proceedings. If an application in this behalf is made by the petitioner within two weeks from today, the 1st respondent shall consider the same and pass orders thereon within six weeks of its receipt. In the meanwhile, it is directed that the petitioner will be permitted to continue at the Medical College Hospital, Thrissur, where the petitioner is presently posted. The petitioner shall produce a copy of this judgment before respondents 1 & 4 for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg