IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20521 of 2008(R) PETITIONER: --------------------- SHYJU CHERIAN, S/O CHERIAN CHACKO, VALIYA PARAMBIL,MUNDIAPALLY P.O., THIRUVALLA (PHARMACIST, TALUK HEADQUARTERS HOSITAL, KODUNGALLUR, THRISSUR DISTRICT). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: -------------------------- 1. STATE OF KERAL, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE (H), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. USHAKUMARI V.V., PHARMACIST, PRIMARY HEALTH CENTRE, PRAMADOM. 4. DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, PATHANAMTHITTA. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.20521 of 2008 R ------------------------- Dated this the 11th day of July, 2008. JUDGMENT The petitioner is presently working as a Pharmacist in the Taluk Headquarters Hospital, Kodungallur. His wife is employed in the Military as a Military Nursing Officer. The petitioner is the only son of his parents. His father passed away in 2007. His mother is aged 60 years. Apparently, his presence in Pathanamthitta District is highly necessary, he contends. This is mainly for the reason that his two sons are being looked after by his aged and ailing mother at Thiruvalla. The petitioner sought for a posting in Pathanamthitta District, on inter-district transfer and the same was actually granted to him as per Ext.P3 dated 23.5.2002. For want of vacancies, he could not be accommodated. Exts.P4 and P5 are subsequent applications submitted by the petitioner. Pursuant to the direction issued in Ext.P6 judgment, Ext.P7 W.P.(C).NO.20521/08 :: 2 :: order was passed by the Additional Director of Health Services, stating that the petitioner's request could be considered only when vacancies of inter-district transfer arise in Pathanamthitta District. The same has been challenged in this writ petition. 2. In the facts and circumstances of the case, the Government Pleader was directed to get instructions whether there is an open vacancy in the post of Pharmacist in the Health Services Department, available in the Primary Health Centre at Konni, taking note of the submission made by the learned counsel for the petitioner. 3. Learned Government Pleader, on instructions, submits that there is a vacancy in Konni brought about by the deputation of an incumbent to the Kerala Medical Services Corporation, Palakkad. This is borne out by Exts.P13 and P14 produced by the petitioner, along with I.A.No.8929/08. W.P.(C).NO.20521/08 :: 3 :: 4. In the circumstances, the writ petition is disposed of directing the Director of Health Services-2nd respondent to pass orders posting the petitioner against the vacancy in the post of Pharmacist, currently available at Primary Health Centre, Konni, brought about by the deputation of Sri.A.Haridasan to the Kerala Medical Services Corporation, Palakkad, as evidenced by Ext.P13. The 2nd respondent shall pass orders posting the petitioner at Konni at the earliest, at any rate, within two weeks from the date of receipt of a copy of this judgment. It is made clear that the petitioner would be vulnerable to be relieved from Konni, if the deputationist is brought back, either on cancellation of the deputation or on the expiry of the period of deputation. In the meanwhile, the petitioner's request for posting in Pathanamthitta District, on inter-district transfer, shall W.P.(C).NO.20521/08 :: 4 :: be considered by the Government and a fresh order may be passed, in that regard, on Ext.P12, within a period of three months from the date of receipt of a copy of this judgment. The Government shall take note of Ext.P3 order, whereby his eligibility to inter-district transfer to Pathanamthitta has been found in his favour, while passing orders on Ext.P12. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge