IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8751 of 2009(L) ------------------------- PETITIONER(S): --------------- AJI ANAND, JUNIOR HEALTH INSPECTOR-GRADE I, PRIMARY HEALTH CENTER, KARULAI, MALAPPURAM DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. DISTRICT MEDICAL OFFICER OF HEALTH, MANJERI, MALAPPURAM DISTRICT. 2. V.K.MUHAMMED ANVAR, JUNIOR HEALTH INSPECTOR GRADE-I, PRIMARY HEALTH CENTER, WANDOOR, MALAPPURAM DISTRICT. R1 BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8751 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2009. JUDGMENT The petitioner is presently working as Junior Health inspector Grade I, in the Primary Health Centre, Karulai, Malappuram District. He had been seeking for a transfer to Primary Health Centre, Wandoor. It is submitted that he has filed a request before the first respondent on 24.7.2008. He is a member of the Scheduled Caste also. By Ext.P1, the said vacancy was filled up by transferring the second respondent herein. Immediately, the petitioner submitted Ext.P2 before the first respondent seeking to cancel the same. 2. The petitioner had been waiting for appropriate action. But finding that no action is being taken, he approached the Public Information Officer of the first respondent who issued Ext.P3 letter dated 23.1.2009. It is stated that at the time when the petitioner submitted the application, there was no vacancy and hence the application was returned and at the time when Ext.P1 order was passed by the first respondent, the petitioner's application was not there. 3. Thereafter, the petitioner has submitted Ext.P6 representation wpc 8751/2009 2 before the first respondent pointing out that the order of transfer issued as per Ext.P1 cannot be justified and after cancelling the same, the petitioner may be ordered to be posted there. 4. There will be a direction to the first respondent to consider Exts.P2 and P6 in accordance with the guidelines for transfer, after hearing the petitioner and the second respondent. Final orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment after hearing the second respondent also. The petitioner will produce a copy of this writ petition along with a copy of the judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/