IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25392 of 2009(T) -------------------------- PETITIONER: --------------- SURABALAN.M.K., OPHTHALMIC ASSISTANT, P.H.C.VARAPPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY IT'S PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDL.DIRECTOR OF HEALTH SERVICES, (MEDICAL), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 4. V.BEENA, OPHTHALMIC ASSISTANT AT TALUK HEAD QUARTERS HOSPITAL, CHAVAKKAD. 5. M.J.SUMA, COMMUNITY HEALTH CENTRE, KARUKACHAL. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009 ALONG WITH WPC NO.24202 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) Nos.25392 & 24202 of 2009 -------------------------- Dated this the 8th September,2009 J U D G M E N T Parties are the same in these two writ petitions and issues are also the same. The disposal of WPC No.25392 of 2009 will govern the other connected writ petition also. 2. Petitioner, who is working as Ophthalmic Assistant is currently posted at the Primary Health Centre in Varapuzha. He had rendered his services in Agali and Paraly. On the basis of his request, he was transferred and posted to the District Hospital, Alapppuzha from 1996. Then he was transferred to C.H.C Chempupuram on administrative grounds. Again, he was transferred to M.C.H. Alappuzha in 2003. In 2005, he was transferred to C.H.C Pappinessery and while working there, he submitted an option in the course of General Transfer 2009, as evidenced by Ext.P1. A draft list of persons proposed to be transferred was published as per Ext.P2. Petitioner was shown as person proposed to be transferred to PHC Karukachal, Kottayam. Subsequently, W.P ( C) Nos.25392 & 24202 of 2009 2 as per Ext.P3, petitioner was transferred and posted in the P.H.C Varapuzha in Ernakulam district. Petitioner did not challenge Ext.P3 immediately because he found that there was an open vacancy arising at Chunakkara in Alappuzha District. He therefore filed Ext.P4 before the Director seeking a posting at Chunakkara. That has not been considered. Hence the WPC No.4202/2009 was filed essentially seeking a direction to the Director of Health Services to consider the petitioner's claim under Ext.P4. In Writ petition No.24202 of 2009, this Court had on 24.8.2009 required the Government Pleader to consider whether the petitioner can be posted at Chunakkara . In the meanwhile on 24.8.2009 itself, Ext.P6 order has been passed by the Director posting the 4th respondent who was serving at Chavakkad, at Chunakkara in Alappuzha. Fifth respondent is the person posted at PHC Karukachal. Petitioner challenges Ext.P3 order by which he was posted at PHC Varapuzha, to the extent to which his claim for a posting in Kottayam District was not accepted and Ext.P6 subsequent proceedings of the Director posting the 4th W.P ( C) Nos.25392 & 24202 of 2009 3 respondent at Chunakkara, in WP(C ) No.25392/2009. 2. Heard learned Government Pleader also. 3. Essentially petitioner's claim for a posting in Kottayam or Alappuzha district would be considered by the Government in the course of appeal against Ext.P3. At the same time, claim of the petitioner for a posting at Chunakkara shall also be considered by the Government. Accordingly, if the petitioner prefers an appeal against Exts.P3 and P6 within two weeks from today before the Government, the Government shall consider and take a decision thereon, after notice to the 4th respondent also within a period of six weeks thereafter. Writ petitions are disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) Nos.25392 & 24202 of 2009 4 W.P ( C) Nos.25392 & 24202 of 2009 5