IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 29871 of 2008(F) -------------------------------------- PETITIONER: ------------------- JOSEPH K.T., AGED 41 YEARS, S/O THOMAS, KARIMPINKADUPPIL HOUSE, THOTTAKADU P.O., KOTTAYAM, NOW WORKING AS JUNIOR HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, AYARKUNU. *(CORRECTED) *ADDRESS OF THE PETITIONER CORRECTED AS THE PETITIONER WORKING AS ; “JUNIOR HEALTH INSPECTOR, FAMILY PLANNING PP UNIT, MEDICAL COLLEGE, KOTTAYAM” AS PER ORDER DTD. 13/11/08 IN I.A. 14297/08. BY ADV. SRI.P.SANJAY, SRI.A.PARVATHI MENON, SRI.BIJU MEENATTOOR, SRI.M.MUHAMMED SHAFI, SRI.J.ABHILASH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER (HEALTH), COLLECTORATE, KOTTAYAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM. 4. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. W.P.(C). NO.29871/2008-F: **ADDL.R5. MR. ANIL KUMAR, JUNIOR HEALTH INSPECTOR GR.II, FAMILY PLANNING PP UNIT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. **ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 13/11/08 IN I.A. 14296/08. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29871/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE DTD. 31/01/2002. EXT.P.2: COPY OF THE G.O. (RT).NO.53/2003/H & FWD DTD. 06/01/2003. EXT.P.3: COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL BOARD OF THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM DTD. 18/08/2005. EXT.P.4: COPY OF THE REPRESENTATION DTD. 05/08/2008 TO THE R.4. EXT.P.5: COPY OF THE REPRESENTATION DTD. 30/09/08 TO THE R.3. EXT.P.6: COPY OF THE ORDER NO.A1.9941/08/MCHG DTD. 24/10/2008. EXT.P.7: COPY OF THE SAID REPRESENTATION DTD. 25/10/2008 TO THE R.2. EXT.P.8: COPY OF THE REPRESENTATION DTD. 29/11/2008. RESPONDENTS' EXHIBIT: EXT.R2.D: COPY OF THE EXTRACT OF THE LOCAL DELIVERY BOOK. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.29871 of 2008 -------------------------- Dated this the 8th January,2009 J U D G M E N T This writ petition was filed by the petitioner mainly challenging the order of transfer. The petitioner is working as a Junior Health Inspector in the Primary Health Centre, Ayarkunnam. It is stated that pursuant to the injury sustained in an accident, he suffered a permanent disability of 30% and he was unable to carry out his job. Accordingly, considering his physical disability, he was given a transfer from Primary Health Centre, Ayarkunnam to the Skin and V.D Department in the Medical College Hospital, Kottayam in the year 2003 on compassionate grounds. Presently, he was transferred to the Family Planning PP Unit which involves field work. During the pendency of the writ petition, he was transferred to Primary Health Centre at Aymanam. 2. In the above circumstances, he has filed Exhibit-P7 representation before the Director of Health Services, Trivandrum, who is the competent authority. Hence the W.P ( C) No.29871 of 2008 2 Director of Health Services will consider Exhibit-P7 and pass orders thereon, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma