IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 25774 of 2010(V) -------------------------- PETITIONER(S): --------------- DR.MANOJ KUMAR, AGED 40, S/O.M.MANI, IYYANIYIL LOVE SHORE, CHOLAPPULAM, SHORNUR, OTTAPALAM TALUK. (WORKING AS A PHYSIATRIST IN THE SPECIALTY CADRE AS JUNIOR CONSULTANT AT DISTRICT HOSPITAL MANJERI). BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICE, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH MALAPPURAM. 4. SUPERINTENDENT, DISTRICT HOSPITAL, MANJERI. 5. DR.K.R.CHITHRA, JUNIOR CONSULTANT, PM & R, GENERAL HOSPITAL, TRIVANDRUM. MR.P.NANDAKUMAR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.25774 of 2010 (V) -------------------------- Dated, this the 17th day of August, 2010 J U D G M E N T Petitioner and the 5th respondent are Junior Consultants in the Specialty Cadre of Physical Medicine and Rehabilitation. According to the petitioner, on the implementation of the Specialty Cadre, he was initially posted at Thalassery. Thereafter on a representation made by him, by Ext.P1 order dated 28/06/2010 he was transferred and posted to District Hospital, Manjeri. It is stated that thereupon he joined at Manjeri on 30/06/2010. While continuing at Manjeri, Ext.P3 order has been issued on 12/08/2010 transferring the petitioner again to Thalassery and posting the 5th respondent in his place. It is aggrieved by Ext.P3 order that this writ petition has been filed. 2. According to the instructions obtained by the learned Government Pleader, both the petitioner and 5th respondent had opted for posting at District Hospital, Manjeri. It is stated that in the seniority list, the 5th respondent is senior to the petitioner and it is therefore that the 5th respondent was posted at Manjeri, WP(C) No.25774/2010 -2- transferring the petitioner. 3. Although learned counsel for the petitioner disputed the contention of the learned Government Pleader that the 5th respondent is senior to him and also stated that an appeal filed by the petitioner against the seniority list is pending consideration of the Government, as at present, going by the finalised seniority list, the 5th respondent is senior to the petitioner. If that be so, posting of the 5th respondent at the opted station in preference to the petitioner cannot be faulted. 4. Be that as it may, it is seen that the petitioner has submitted Ext.P4 representation to the 2nd respondent complaining of the posting and requesting for a suitable accommodation. Having regard to the pendency of Ext.P4 representation, I direct the 2nd respondent to consider Ext.P4 and pass orders thereon as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. Further, if as sated by the petitioner, the appeal filed by the petitioner against the finalised seniority list is pending consideration of the 1st respondent, the 1st respondent shall WP(C) No.25774/2010 -3- consider the same with notice to the petitioner and affected parties, as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg