IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22797 of 2010(Y) -------------------------- PETITIONER(S): --------------- K.M.BABU, S/O.N.K.MADHAVAN, SENIOR SUPERINTENDENT(PRESENTLY WORKING AS LAY SECRETARY& TREASURER)TALUK HEADQUARTERS HOSPITAL TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT, DEPARTMENT OF HEALTH & FAMILY WELFARE GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. SMT.PREMAKUMARY K.P, LAY SECRETARY & TREASURER,TALUK HEAD QUARTERS HOSPITAL, CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686 101. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22797 of 2010 (Y) --------------------------------- Dated, this the 21st day of July, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P14 order, by which the claim of the petitioner for transfer to Kottayam District sought for by him as per Ext.P9, has been rejected. 2. Learned counsel for the petitioner submits that since 2006, the petitioner has been working out side the District and as the petitioner has completed nearly four years in Kannur, Kasaragod, Wayanad and Kozhikkode Districts in additional to Thirurangadi, where he is presently working, the petitioner ought to have been given transfer and posting to Kottayam District. It is also stated that the request of the petitioner was on compassionate ground, for the reason that his wife is employed in Kottayam District. 3. A reading of Ext.P14 order shows that the petitioner commenced service at Taluk Headquarters Hospital, Thirurangadi only with effect from 06/12/2007 and that as per the guidelines, a WP(C) No.22797/2010 -2- person becomes eligible for transfer only on completion of 3 years in a particular station. Admittedly, the petitioner has not completed 3 years in the present station, and the shortage in the minimum required period cannot be made good by adding the service rendered by the petitioner in other stations. Therefore, the petitioner is ineligible to claim transfer in terms of the guidelines, in which event he could not have asked for a posting in Kottayam District. Therefore, I am not persuaded to think that there is any circumstances warranting interference with Ext.P14 order. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg