IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 18830 of 2008(N) ----------------------------------------- PETITIONER(S): ------------------------- MAYA.R.PILLAI, JUNIOR HEALTH INSPECTOR GRADE-II, P.H.CENTRE, KOKKAYAR, MELORAM, IDUKKI DISTRICT. BY ADVS.MR.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA MR.K.A.BALAN MR.PETER JOSE CHRISTO MR.S.A.ANAND RESPONDENT(S): ------------------------- 1. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN:695 035. 2. DISTRICT MEDICAL OFFICER OF HEALTH, IDUKKI, PAINAVU P.O., PIN:685 603. 3. ARUN.K.AMBADY, JUNIOR HEALTH INSPECTOR GRADE II, P.H.CENTRE, CHAKKUPALLAM, IDUKKI DISTRICT, PIN 685 509. R1 & R2 BY GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, ALONG WITH WPC NO. 18839 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18830/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.A3-2270/08/DMO(H) DTD. 7.6.08 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, IDUKKI. P2:- COPY OF THE CIRCULAR NO.A3-2270/08 DTD. 20.6.08 OF THE DISTRICT MEDICAL OFFICER OF HEALTH. TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) Nos.18830, 18839, 19466 & 19499/2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of June, 2009 JUDGMENT Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioner in W.P.(C) No. 18830 of 2008 entered service as Junior Health Inspector Grade-II in Idukki district on 4-3-2003. Her posting was at Primary Health Centre, Muttom. In the year 2006, at her request she was transferred to Community Health Centre, Vandiperiyar. The order of transfer did not take effect. In the year 2007 also, the same situation arose. However, during the year 2008, the petitioner was transferred from Primary Health Centre, Muttom to Primary Health Centre, Kokkayar by Ext.P1 order dated 7-6-2008 issued by the District Medical Officer (Health), Idukki. The petitioner joined duty at Public Health Centre, Kokkayar on 13-6-2008. While she was thus continuing at Primary Health Centre, Kokkayar, Ext.P2 circular dated 20-6-2008 was issued keeping in abeyance the transfer ordered as per Ext.P1. Ext.P2 is under challenge in this writ petition, wherein the petitioner seeks a writ in the nature of mandamus commanding the respondents to permit her to continue at Primary Health Centre, Kokkayar ignoring Ext.P2. 18830/08 & con.cases 2 3. The petitioner in W.P.(C) No. 18839 of 2008 entered service as Junior Health Inspector Grade-II in Idukki district on 6-1-2003. His first posting was at Primary Health Centre, Konnathady. In the year 2006, though he requested for a transfer, that was not granted. In the year 2007 an order was issued transferring him to Primary Health Centre, Muttam. The order of transfer was however cancelled before it took effect. During the year 2008, by Ext.P1 order dated 7-6-2008 the District Medical Officer (Health), Idukki transferred him to Primary Health Centre, Kokkayar. The petitioner joined duty at Primary Health Centre, Kokkayar on 17-6-2008. While he was thus continuing at Primary Health Centre, Kokkayar, Ext.P2 circular dated 20-6-2008 was issued keeping in abeyance Ext.P1 transfer order. Ext.P2 is under challenge in this writ petition wherein the petitioner seeks a writ in the nature of mandamus commanding the respondents to permit him to continue at Primary Health Centre, Kokkayar ignoring Ext. P2. 4. The petitioner in W.P.(C) No. 19466 of 2008 entered service as Junior Health Inspector Grade-II on 15-11-2002 in Idukki district. Her first posting was at Primary Health Centre, Vathikudy. Though in the year 2006, she was transferred and posted at Primary Health Centre, Idavetty and the transfer order took effect, within three days after it took effect, it was cancelled and the petitioner transferred back to Primary Health 18830/08 & con.cases 3 Centre, Vathikudy. Later, in the year 2007 by Ext.P2 order dated 22-5- 2007, she was transferred and posted in Primary Health Centre, Elamdesam under Primary Health Centre, Muttom. Though the order of transfer took effect, after about a week later, the petitioner was transferred back to Primary Health Centre, Vathikudy. Later, in the year 2008, by Ext.P3 order dated 7-6-2008 she was transferred and posted in the Primary Health Centre at Kodikulam against an existing vacancy. The petitioner joined duty on 13-6-2008 at Primary Health Centre, Kodikulam. While so, Ext.P4 circular dated 20-6-2008 was issued keeping in abeyance the transfer ordered as per Ext.P3. Ext.P4 is under challenge in this writ petition wherein the petitioner also seeks a writ in the nature of mandamus directing the second respondent to accommodate her in Primary Health Centre, Kodikulam. 5. The petitioners in W.P.(C) No. 19499 of 2008 are Junior Health Inspectors Grade-II. The first petitioner entered service on 13-11-2002 in Primary Health Centre, Chinnakkanal. The second petitioner entered service on 28-2-2003 in Primary Health Centre, Santhampara. The third petitioner entered service on 5-5-2000 in Primary Health Centre, Vandenmedu. The fourth petitioner entered service on 3-3-2003 in Primary Health Centre, Upputhara. During the year 2008, by Ex.P1 order dated 7-6-2008, the first petitioner was transferred to Primary Health 18830/08 & con.cases 4 Centre, Peruvanthanam against an existing vacancy, the second petitioner was transferred to Primary Health Centre, Karimanoor, the third petitioner was transferred to Primary Health Centre, Kodikulam and the fourth petitioner was transferred to Primary Health Centre, Kumily. Though the petitioners joined duty in the respective stations, immediately after Ext.P1 order was passed all, except the first petitioner, were transferred back to their former stations, in the light of Ext.P3 circular dated 20-6-2008 issued by the District Medical Officer (Health), Idukki. In this writ petition, petitioners 2 to 4 challenge Ext.P3 and seek a writ in the nature of mandamus commanding the official respondents to retain them in the stations to which they have been transferred by Ext.P1. 6. The pleadings disclose that whenever the petitioners are transferred out, the order of transfer was cancelled. This has happened at last twice in the case of all these petitioners. The petitioners had been working in the stations in which they were originally appointed for more than three years, when Ext.P1 order in W.P.(C) No. 18830 of 2009 which is common to all these writ petitions was issued, transferring them to various stations in Idukki district. The order of transfer also took effect. However, for no reason at all, it was kept in abeyance by a circular dated 20-6-2008 issued by the District Medical Officer (Health), Idukki. As per the guidelines governing transfer and posting of Government employees, 18830/08 & con.cases 5 the petitioners were eligible for transfer from the stations in which they had been appointed. They had also no complaint about Ext.P1 order of transfer. The substitutes appointed in the place of the petitioners had also not challenged the order of transfer. Therefore, there was no reason to issue the circular dated 20-6-2008. In any case, no cogent reason has been stated in the circular dated 20-6-2008 to keep Ext.P1 order of transfer dated 7-6-2008 in abeyance. In any case, as the transfers ordered as per Ext.P1 had taken effect and the petitioners had joined duty in the stations to which they had been posted by Ext.P1, the circular dated 20-6-2008 cannot have the effect of canceling the transfer order. I am therefore of the opinion that the circular dated 20-6-2008 cannot be sustained. Further, by reason of the interim orders passed by this Court, all the petitioners except petitioners 2 to 4 in W.P.(C) No. 19499 of 2009 were permitted to continue in the stations to which they had been transferred. Nearly one year has passed after Ext.P1 order of transfer was passed. In such circumstances, I am of the opinion that the petitioners should be permitted to continue in the stations to which they have been transferred as per Ext.P1 order dated 7-6-2008. I accordingly dispose of these writ petitions with a direction to the official respondents to accommodate the petitioners except petitioners 2 to 4 in W.P.(C) No. 19499 of 2009 in the respective stations to which they 18830/08 & con.cases 6 have been transferred as per Ext.P1 order dated 7-6-2008. As regards petitioners 2 to 4 in W.P.(C) No. 19699 of 2009 the District Medical Officer (Health), Idukki, shall pass revised orders while effecting general transfer for the year 2009, taking note of the fact that they have been serving in their present stations for more than three years. While transferring them, the other petitioners shall not be disturbed. P.N.RAVINDRAN, JUDGE. mn.