IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6570 of 2011(U) ------------------------- PETITIONER(S): --------------- 1. C.V.LATHAKUMARI, AGED 45 YEARS, W/O.SREEKUMAR, RESIDING AT M.M.QUARTERS, THALAKULATHOOR, KOZHIKODE (WORKING AS OPHTHALMIC ASSISTANT, THALAKULATHOOR, KOZHIKODE). 2. BABY JOSEPH, W/O.K.S.TOMY, AGED 48 YEARS, KARUKAMALIL, CHAPPENTHOTTAM, KOZHIKODE. (WORKING AS OPHTHALMIC ASSISTANT, C.H.C.KUTTIADY, KOZHIKODE). BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE ADDITIONAL DIRECTOR HEALTH SERVICES (MEDICAL) DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR HEALTH SERVICE, HEALTH DIRECTORATE, THIRUVANANTHAPURAM-695 001. 4. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, THALAKULATHOOR, KOZHIKODE-673 513. 5. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, KUTTAYADI, KOZHIKODE-673 513. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 6570 of 2011 ================== Dated this the 3rd day of March, 2011 J U D G M E N T The petitioners are working as Ophthalmic Assistants in the office of respondents 4 and 5 respectively. In Ext.P1 draft proposals for transfers, it has been directed that appeals, if any, against the proposals should be submitted before the 2nd respondent on or before 28.2.2011. The contention of the petitioners is that after having issued Ext.P1 on 26.2.2011, it is totally unjustified to fix 28.2.2011 as the last date for submitting appeals, especially when 27.2.2011 was a holiday. The petitioners, therefore, seek the following reliefs; “i) To call for the records relating to the issuance of Exhibit P1 order issued by the 2nd respondent and to quash the same by issuing a writ of certiorari or other appropriate writ or order. ii) To issue a writ of mandamus or such other writ order or direction, directing the 2nd respondent to grant 15 days time for submitting the appeals against Exhibit P1 order and final orders may be taken only after considering the appeals to be submitted by the petitioners. iii) 3rd respondent to consider the application submitted by the petitioners for their general transfer of 2011 after affording an opportunity of being heard (sic) the petitioners.” 2. I have heard the learned Government Pleader also. 3. Now that the code of conduct imposed by the Election Commission is in force in view of the declaration of elections to the State Legislative Assembly, the respondents cannot finalise Ext.P1 at 2 least without obtaining permission from the Election Commission. In the above circumstances, I dispose of this writ petition with a direction to the 2nd respondent to consider the appeals filed by the petitioners also, if filed within two weeks from today, before finalising Ext.P1 draft proposals for transfers. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge