IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 22571 of 2011(V) ----------------------------------- PETITIONER(S): ---------------------- RAJEEVAN N., S/O.KUMARAN N., AGED 43 YEARS, RESIDING AT NANDANAM, PANAYAMUTTAM P.O., NEDUMANGADU, THIRUVANANTHAPURAM, WORKING AS JUNIOR HEALTH INSPECTOR GRADE I, COMMUNITY HEALTH CENTRE, CHALAVARA, PALAKKAD. BY ADVS. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD. BY GOVT.PLEADER.SRI.ABDULKHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MG WPCNO.22571/2011 APPENDIX PETITIONERS EXHIBIT: P1:-TRUE COPY OF THE CERTIFICATE ISSUED BY THE ADDITIONAL TAHSILDAR,THALASSERY DATED 4/12/1999. P2:-TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR,THALASSERY DATED 19/8/2005. P3:-TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL OFFICER IN CHARGE, COMMUNITY HEALTH CENTRE, KANYAKULANGARA, DATED 4/5/2010. P4:-TRUE COPY OF G.O.(MS)NO.106/1976 DATED 1.4.1976. P5:-TRUE COPY OF CIRCULAR NO.49268/SD4/80/GAD DATED 31.5.1980. P6:-TRUE COPY OF G.O.(MS)NO.459/1980 DATED 3/10/1980. P7:-TRUE COPY OF G.O.(P)NO.15/89 DATED 22/5/1989. P8:-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 21/6/2010. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE MG K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 22571 OF 2011 ----------------------------------------------------------- Dated this the 25th November, 2011. JUDGMENT The petitioner is a Junior Health Inspector Gr.I in the Health Department presently working at Palakkad district. He belongs to a scheduled caste community and is a person who has contracted an intercaste marriage. His wife is a Junior Public Health Nurse working in Thiruvananthapuram district. According to the petitioner, in view of Ext.P4 G.O, he is entitled to be posted to some place in Thiruvananthapuram district. The counsel for the petitioner places particular reliance on the mandate of Ext.P4 to the effect that employees who have contracted intercaste marriage shall be accommodated at the same station, if necessary by transferring out other personnel from the said station. Since the petitioner is a person belonging to a scheduled caste community he also claims the benefit of Ext.P6 as well as Ext.P7 government orders. Though the petitioner has submitted Ext.P8 representation seeking a posting to Thiruvananthapuram, he complains that no orders have been passed thereon till date. WPC 22571/2011 2 2. The counsel for the petitioner contends that even now there are two vacancies of Health Inspectors Gr.I available in Thiruvananthapuram district, one at Kesavapuram and the other at Kallara. The refusal of the respondent to post the petitioner to one of the said vacancies according to him is, without any justification. He also complains of inaction on Ext.P8 representation. 3. A statement has been filed on behalf of the second respondent where it is pointed out that the petitioner had been posted to Palakkad district only 8-6-2010. As per the seniority list of persons who are claiming a transfer to Thiruvananthapuram district the petitioner is at the 17th position. It is also stated that no vacancies are available in Thiruvananthapuram district for the petitioner to be posted. 4. In view of the assertion on the part of the counsel for the petitioner regarding availability of two vacancies in Thiruvananthapuram district, as per an order dated 15-11-2011 the Govt. Pleader was directed to get specific instructions on the above aspect. However, the Govt. Pleader has not been able to obtain any such instruction. Therefore, the matter was heard. 5. In view of the fact that Ext.P8 representation is pending consideration of the second respondent, it is only proper that the WPC 22571/2011 3 said authority considers the entitlement of the petitioner for a transfer to Thiruvananthapuram in the light of Exts.P4, P6 and P7 government orders. 6. This writ petition is accordingly disposed of directing the second respondent to consider the claim of the petitioner for promotion to Thiruvananthapuram, set out in his representation evidenced herein by Ext.P8, in accordance with law and in the light of the government orders applicable, produced as Exts.P4, P6 and P7 in this writ petition and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 22571/2011 4