IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16351 of 2009(L) -------------------------- PETITIONER: --------------- BAHULEYAN NAIR, S/O. PARAMESWARAN PILLAI AGED 53, JUNIOR HEALTH INSPECTOR GRADE I, COMMUNITY HEALTH CENTRE, POOVAR, NOW RESIDING AT PARAMESWARA VILA, VHITHRAL P.O. VIA ARUMANA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. ADDITIONAL DIRECTOR OF HEALTH SERVICE (PH) DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. K.BALACHANDRAN, PRIMAY HEALTH CENTRE, KALLARA. 5. B.PADMAKUMAR, PRIMARY HEALTH CENTRE, POONTHURA. 6. R.P.GIRISH KUMAR, PRIMARY HEALTH CENTRE, POONTHURA. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 16351 of 2009-L ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T Heard Sri.R.T.Pradeep, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 to 6. 2. The petitioner who is presently working as Junior Health Inspector Gr.I, in the Community Health Centre at Poovar in Thiruvananthapuram district, has filed this writ petition challenging Ext.P2 order dated 9.6.2009 passed by the Additional Director of Health Services, transferred him to Pathanamthitta District. Consequential posting order is to be issued by the District Medical Officer of Health, Pathanamthitta. The petitioner's grievance is that though respondents 4 to 6 have served for a longer period in Thiruvananthapuram district, they have not been transferred out. 3. The learned Government Pleader appearing for the official respondents submits on instructions that the fifth respondent has also been transferred out to Pathanamthitta district along with the petitioner and that respondents 4 and 6 have completed only the same length of service as the petitioner in Thiruvananthapuram District in the category of W.P(C) No. 16351 of 2009-L 2 Junior Health Inspector Gr.II. 4. On going through the writ petition and after hearing the submissions made at the Bar, the essential grievance voiced by the petitioner appears to that the guidelines have not been strictly followed, when he was transferred out of Thiruvananthapuram district retaining respondents 4 and 6 in the said district. The petitioner cannot in my opinion compel the Government to strictly adhere to the guidelines while effecting transfers. The Apex Court has in State of U.P V. Gobardhan Lal (2004) 11 SCC 402 held that guidelines governing transfer and posting of Government employees do not confer any enforceable right on the employee. Further the petitioner has no case that the order transferring him to another station is in violation of any statutory rule or that it is one passed by an incompetent authority. The petitioner also has no case that the order of transfer is malafide. In the said circumstances, I find no reason to interfere with Ext.P2. In my opinion, if the petitioner is aggrieved by his transfer to Pathanamthitta district he ought to have moved the Government by filing an appropriate representation. Since the petitioner has not yet moved the Government seeking redressal of his grievance, I dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Health and Family Welfare Department, the W.P(C) No. 16351 of 2009-L 3 Secretary to Government shall consider the same and pass orders thereon within another one month thereafter. If the Government proposes to transfer any other person or persons, they and the petitioner shall also be afforded a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy// PA to Judge