IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 18829 of 2008(N) -------------------------- PETITIONER(S): ------------------ DR.C.P.KAILASANATHAN, ASSOCIATE PROFESSOR, DEPARTMENT OF BIO CHEMISTRY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (S) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DR.V.SOJA, ASSOCIATE PROFESSOR, DEPARTMENT OF BIO CHEMISTRY, MEDICAL COLLEGE, KOZHIKODE. ADV. SRI.M.RAMASWAMY PILLAI FOR R3 SRI.P.M.JOSEPH FOR R3 SRI.K.KOMALAKUMAR FOR R3 GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 18829 OF 2008 (N) ==================== Dated this the 29th day of October, 2008 J U D G M E N T Petitioner is an Associate Professor of Bio Chemistry presently working in the Medical College, Trivandrum. He is aggrieved by Ext.P2, by which he has been transferred and posted as such in the Medical College, Kozhikode. According to the petitioner, the vacancy in Kozhikode arose on account of the transfer of the 3rd respondent from Kozhikode to Trivandrum. It is his case that his transfer has been ordered in violation of the provisions of Ext.P3 guidelines governing the same. It is also pointed out that the 3rd respondent had applied for general transfer in 2008 and that the application was rejected as she was ineligible for transfer. It is contended that it is despite all this that the 3rd respondent has been transferred and posted in Trivandrum necessitating his transfer from Trivandrum to Calicut. 2. On the other hand, learned counsel for the 3rd respondent would submit that the transfer of the 3rd respondent is to an existing vacancy and not to the vacancy caused on account of the transfer of the petitioner. Going by the wordings of Ext.P2, there appears to be some force in what the 3rd respondent contends. Learned Government Pleader referring to the counter affidavit also contends that several teaching posts are lying vacant in Calicut and it is because of that the petitioner was transferred by Ext.P2. WPC 18829/08 :2 : 3. Having heard the counsel on both sides, I am inclined to think that essentially transfer and posting are matters for the authorities to decide and unless there is an extreme case of arbitrariness or malafides, this Court will not be justified in stepping in and upsetting the orders that are issued in administrative exigencies. However, fact remains that the petitioner has a case that in his transfer, Ext.P3 guidelines have been violated and that the 3rd respondent is ineligible for transfer. This certainly, is a matter for the 1st respondent to consider. Petitioner submits that he has filed Ext.P4 representation before the 1st respondent highlighting his grievances. Therefore, it is for the 1st respondent to consider the same with notice to the petitioner and if necessary to the 3rd respondent also. This the 1st respondent shall do, as expeditiously as possible, at any rate within 6 weeks of receipt of a copy of this judgment. 4. It is directed that in the meanwhile, the interim order passed by this Court on 24/6/2008 and extended thereafter will continue in force. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp