IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WA.No. 941 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.17765/2010 Dated 08/06/2010 .................... APPELLANT/PETITIONER IN THE W.P.(C) --------------------------------------- DR.SINDHI.S,W/O.DR.SHAHIR SHAH, AGED 43 YEARS,CONSULTANT (GYNEACOLOGIST),TALUK HEAD QUARTERS HOSPITAL,PUNALUR. BY ADV. SRI.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE SMT.REKHA VASUDEVAN RESPONDENTS/RESPONDENTS IN THE W.P. --------------------------------------- 1. THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH SERVICES,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DR.RADHIKA.D.S,ASST.SURGEON, GOVERNMENT VICTORIA HOSPITAL,KOLLAM. BY G.P. SRI.LAKSHMI NARAYANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2010,THE COURT ON 09/06/2010 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.941 of 2010 .................................................................... Dated this the 9th day of June, 2010. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned Single Judge declining to interfere with transfer orders whereunder appellant was shifted from Punalur to Malappuram. We have heard Senior counsel appearing for the appellant and Government Pleader for the respondents. 2. It is made clear in Ext.P4 that transfers and postings are made on a purely provisional basis. Government Pleader submitted that without instruction he will not be able to state as to why in the order Government has stated the transfers and postings as provisional. We do not think the matter should be kept pending because the order made provisional will also be subject to variation, if the Government finds any justification for the same. Ext.P4 covers posting of as many as over 100 Doctors and invariably there will be representations from various persons. It is for the respondents to consider representations of 2 all concerned including that of the appellant, consider the relative claims of the Doctors and post them to places as far as convenient to them. Writ Appeal is disposed of directing the Government to take final decision without delay. However, we make it clear that it would not be fair on the part of the Doctors to keep out of Hospitals pending Government's consideration of their request for change. In other words, in our view, Doctors should join duty so that patients do not suffer. We also direct the Government to finalise the postings within a period of one month from now. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms