IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WA.No. 1147 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.18918/2010 Dated 21/06/2010 .................... APPELLANT/PETITIONER: --------------------------- DR.K.KUTTAPPAN, CONSULTANT IN GYNECOLOGY TALUK HEAD QUARTERS HOSPITAL, CHERTHALA, ALAPPUZHA DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REPRESNTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER, SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2010, ALONG WITH WA No.1148 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1147 and 1148 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2010 JUDGMENT J.Chelameswar, CJ. These two writ appeals are in a way connected. The appellant in these writ appeals, one Dr.Kuttappan, is a Consultant Gynaecologist, the petitioner in WP(C) No.18918 of 2010 and 3rd respondent in WP(C) 17878 of 2010. 2. The appellant has been working in Taluk Head Quarters Hospital, Cherthala. The 1st respondent in WA No.1148 of 2010 (writ petitioner in WP(C) 17878 of 2010) who was working as Gynaecologist in Woman and Child Hospital, Beach Road, Alappuzha approached this Court in substance, praying that she be posted at Cherthala. When the above matter came up for hearing this Court disposed of the writ petition recording the statement made by the learned Government Pleader that the abovementioned petitioner will be posted at Taluk Head Quarters Hospital, Cherthala. Consequently, in supersession of the earlier order regarding WA Nos. 1147 and 1148 of 2010. -:2:- the posting of the appellant herein and the abovementioned writ petitioner in WP(C) 17878 of 2010 came to be modified by another order. In the meanwhile, the appellant herein filed WP (C) No.18918 of 2010 in substance praying that he be retained at Cherthala. The said writ petition was dismissed by the judgment dated 21.06.2010 and hence these two writ appeals. 3. The learned counsel for the appellant, Sri.Kaleeswaram Raj argued that in view of the orders in WP(C) 17878 of 2010 dated 11.06.2010 the State feel obliged to give a posting to the writ petitioner therein and consequently the appellant herein is deprived of an opportunity of being retained at Cherthala. Subsequent to WP(C) No.17878 of 2010, the State issued an order dated 28.06.2010 by which the appellant is posted to Woman and Child hospital, Alappuzha and shifted from Cherthala whereas the petitioner in WP(C) No.17878 of 2010 was posted to Cherthala. Apart from anything else the distance between Cherthala and Alappuzha is approximately 15 to 20 Kms. It appears from record that the appellant has been working at Cherthala for about a period of 5 years. In the circumstances, WA Nos. 1147 and 1148 of 2010. -:3:- we do not see any reason to grant any relief on whatsoever ground in either of these writ appeals. As it is a case where the appellant is challenging the orders of transfer on the ground of mala fides, both the appeals are dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb