IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 28530 of 2010(M) -------------------------------------- PETITIONER(S): ---------------------- T.T.CHANDRIKA, HEALTH INSPECTOR GRADE-II, PRIMARY HEALTH CENTRE, AYYAPPANKOVIL, CHAPPATH P.O., IDUKKI DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.SREEKANTH.S.N RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE ADDL. DIRECTOR OF HEALTH SERVICES(PH), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, THRISSUR. 4. K.C.ANITHA, HEALTH INSPECTOR GR-II, COMMUNITY HEALTH CENTRE (CHC), PURAPPUZHA P.O., IDUKKI DISTRICT. R1 TO R3 GOVERNMENT PLEADER SRI.P.NANDAKUMAR R4 BY ADV. SRI.V.M.KRISHNAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28530/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMMON PROCEEDINGS DATED 19/11/2008 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE ELITE MISSION HOSPITAL, THRISSUR. P3 COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCES, COCHIN. P4 COPY OF THE REPRESENTATION DATED 16/01/2010 FILED BY THE PETITIONER. P5 COPY OF THE ORDER DATED 03/09/2010. P6 COPY OF THE ORDER NO.EG4/45696/08/DHS DATED 04/09/2010. P7 COPY OF THE CERTIFICATE DATED 20/10/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.28530 OF 2010 --------------------------------------- Dated this the 11th day of November, 2010 JUDGMENT The petitioner is a Health Inspector working in the high range area of Idukki district. The petitioner and the fourth respondent were working in Thrissur district. According to the petitioner, the petitioner is senior to the fourth respondent in rank, age and service. They were allotted to Idukki district on promotion. According to the petitioner, those who were allotted to Idukki district were re-allotted to Thrissur district on the basis of availability of vacancies, which according to the petitioner should be strictly on the basis of seniority. But, the petitioner complains that overlooking the petitioner's seniority and superior claim for re-transfer to Thrissur district, the fourth respondent has been preferred. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. Issue a writ of certiorari or other appropriate writ or order quashing Ext.P5 order to the extend of transferring the 4th respondent to Thrissur District. ii. Issue a writ of mandamus or other W.P.(C)No.28530/10 2 appropriate writ or order commanding the respondents 1 and 2 to transfer and allot the petitioner to Thrissur district for posting her in any of the existing vacancies of Health Inspector in the district. iii. Declare that the petitioner is entitled and eligible to get a transfer to Thrissur District from Idukki District in preference to the 4th respondent considering her age, seniority and ranking” Without going into the controversy in respect of the earlier transfer given to the fourth respondent, I directed the learned Government Pleader to get instructions as to whether there are vacancies in Thrissur district to which the petitioner also can be accommodated. Later on, the petitioner pointed out that one Sri. K.V. Gopi has been ordered to be promoted and on his promotion, the petitioner may be accommodated in that vacancy in Thrissur district. Therefore, I directed the learned Government Pleader to get instructions on the same. On 27/10/2010, I passed the following interim order: “There would be an interim order to the effect that if Sri.K.V. Gopi is still working at Thrissur as stated in Ext.P7, the vacancy which arises on his promotion shall not be filled up without obtaining orders from this court”. Today, the learned Government Pleader submits that even before orders were passed by this Court, the respondents had W.P.(C)No.28530/10 3 taken a decision to accommodate the petitioner in Thrissur District. It is submitted that the petitioner has already been allotted to Thrissur district by order dated 1.11.2010. The posting order has to be issued by the District Medical Officer, is the submission of the learned Government Pleader. He further submits that in view of the interim order, the same could not be done. In the above circumstances, this writ petition is disposed of with a direction to the third respondent to pass appropriate orders posting the petitioner in Thrissur district as directed in the order dated 1.11.2010. S. SIRI JAGAN, JUDGE acd W.P.(C)No.28530/10 4 W.P.(C)No.28530/10 5