IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 22119 of 2011(L) -------------------------- PETITIONER:- ----------------- DR.ULSAH.H., AGED 36 YEARS, S/O.E.HAREE ASSISTANT SURGEON,CHC CHAVARA RESIDING AT VICTORIA HOUSE, TEMPLE NAGER 351,SAKTHIKKULANGARA, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENTS:- --------------------- 1. THE DIRECTOR OF HEALTH SERVICES DHS, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH KOLLAM 695 001. 3. DR.DEVI, ASSISTANT SURGEON,PH CENTRE PATHANAPURAM ON TRANSFER TO COMMUNITY HEALTH CENTRE,CHAVARA, KOLLAM 691 001 BY GOVERNMENT PLEADER SMT.SIMITHA SUKUMAR FOR R1 & R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22119 of 2011(L) ------------------------------------------- PETITIONER'S EXHIBITS:- P1: COPY OF THE ORDER NO.EA1-1400/2011/DHS DTD.16.3.2011 ISSUED BY THE FIRST RESPONDENT. P2: COPY OF THE CIRCULAR NO.EA1-1400/2011/DHS DTD.5.1.2011 ISSUED BY THE FIRST RESPONDENT. P3: COPY OF THE ORDER NO.EA2-56805/11/DHS DTD.10.8.2011 ISSUED BY THE FIRST RESPONDENT. P4: COPY OF THE REPRESENTATION DTD.11.8.2011 ISSUED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS EXHIBITS:- NIL. ( true copy ) PA TO JUDGE Kvs/- C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.22119 of 2011-L. = = = = = = = = = = = = = Dated this the 12th August, 2011. J U D G M E N T The petitioner is presently working as Assistant Surgeon in the Community Health Centre, Chavara in Kollam District. This writ petition has been filed challenging Ext.P3 order of transfer. The contention of the petitioner is that as per the Ext.P1 general transfer order dated 16.3.2011 the petitioner was transferred and posted to the present station viz., at Community Health Centre, Chavara. Pursuant to Ext.P1 order she joined duty there only on 7.4.2011. As per the impugned order viz., Ext.P3 transfer order the petitioner has been transferred and posted to Primary Health Centre, Nedungolam in Kollam District itself. The contention of the petitioner is that the respondent did not consider certain crucial aspects while issuing Ext.P3. The transferring authority should have considered the fact that the petitioner came to the present station only pursuant to Ext.P1 order WP(C).No.22119/2011-L. 2 and joined at the said station only on 7.4.2011. It is further contended that the 3rd respondent who is transferred to Community Health Centre, Chavara was not eligible for transfer as on the date of submission of application for general transfer. However, after the general transfer she submitted a request and it is only based on the said request made by the 3rd respondent that the present transfer was ordered only to accommodate the 3rd respondent. The petitioner has been transferred out from the present station only for that purpose. It is contended that in case the 3rd respondent was to be shifted from Primary Health Centre, Pathanapuram she should have been transferred to the place wherein the petitioner is now posted as per Ext.P3 viz., at Primary Health Centre, Nedungolam. It is with the aforesaid averments that this writ petition has been filed challenging Ext.P3. 2. Admittedly, the petitioner has already approached the first respondent through Ext.P4 representation raising such claims, contentions and grievances. Going by the WP(C).No.22119/2011-L. 3 transfer norms, if an employee is aggrieved by the order of transfer issued by the Head of a department, the concerned transferee can raise grievances against such order before the Government. In the said circumstances, this writ petition is disposed of with liberty to the petitioner to move the Government by filing proper representation raising all the aforesaid contentions. The petitioner may do so within ten days from the date of receipt of a copy of this judgment. In case the petitioner files such a representation within the aforesaid time limit the Secretary, Health and Family Welfare Department shall consider the same and pass appropriate orders thereon expeditiously, at any rate within a period of one month from the date of receipt of such representation. Needless to say that before passing orders thereon the 3rd respondent shall also to be put on notice. C.T. RAVIKUMAR, (Judge) Kvs/-