IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15026 of 2009(W) ------------------------------------- PETITIONER(S): ------------------------- A.B.DEVARAJAN NAIR, WELDER, HOSPITAL EQUIPMENTS REPAIRING UNIT, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM. BY ADVS. MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE RESPONDENT(S): ------------------------ 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE SENIOR ADMINISTRATIVE OFFICER, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. V.SREEKUMARAN NAIR, WELDER, HOSPITAL EQUIPMENTS REPAIRING UNIT, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE. BY GOVT. PLEADER SMT,ANU SIVARAMAN BY ADVS.MR.N.SUGATHAN FOR R3 SMT.VARSHA BHASKAR FOR R3 MR.S.PRASANTH (AYYAPPANKAVU) FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 15026 of 2009-W ------------------------------ Dated this the 10th day of June, 2009. J U D G M E N T Heard Sri.Philip T.Varghese, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 and 2. The petitioners and third respondents are Welders in the Hospital Equipment Repairing Unit of the Health Services Department. The petitioner was recruited and appointed in Kozhikode District and the third respondent was recruited and appointed in Thiruvananthapuram District. According to the petitioner there are only three posts of Welders in the Hospital Equipment Repairing Unit namely one in Kozhikode, one in Thiruvananthapuram and one in Ernakulam. By Ext.P1 order passed on 23.5.2009, the Senior Administrative Officer in the Directorate of Health Services transferred the petitioner from Kozhikode to Thiruvananthapuram and the third respondent from Thiruvananthapuram to Kozhikode. Pursuant to Ext.P1, the petitioner was relieved from Kozhikode on 29.5.2009 and he joined duty at Thiruvananthapuram, on 30.5.2009. The third respondent thereupon moved the Director of Health Services pointing out that as the petitioner was recruited and W.P(C) No. 15026 of 2009-W 2 appointed in Kozhikode District and the third respondent in Thiruvananthapuram District, they cannot be transferred from one district to another. The said contention was accepted and Ext.P1 order was cancelled by Ext.P3 order dated 30.5.2009. Ext.P3 order under challenge in this writ petition. It is not in dispute that there are only three posts of Welders in the Hospital Equipment Repairing Unit in the State of Kerala. The petitioner and the third respondent were recruited and appointed in Kozhikode District and Thiruvananthapuram District respectively. Under the rules governing their service conditions, they are not liable to be transferred out from the district in which they were appointed except on inter district transfer for which only 10% of the posts can be reserved. There are only three posts of Welders in the Hospital Equipment Repairing Unit. Unless there are 10 posts, the said reservation cannot be implemented. I am therefore satisfied that the Director of Health Services was justified in cancelling Ext.P1. I therefore hold that there is no merit in the challenge to Ext.P3. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge