IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 16097 of 2009(F) -------------------------- PETITIONER(S): -------------------- DR. POORNIMA, AGED 41 YEARS, W/O. KANNAN NAIR, MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, CHERUVATHUR, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ---------------------- 1. THE DIRECTOR, INDIAN SYTEMS OF MEDICINE, THIRUVANANTHAPURAM. 2. THE DIRECTOR, MEDICAL OFFICER, (ISM), KASARAGOD. 3. DR.LEENA.B, MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, UDUMA, THALASSERY, KANNUR. ADV. SMT.P.K.PRIYA FOR R3 GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16097/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF APPLICATION OBTAINED FROM 1ST RESPONDNET UNDER R.I.ACT DT 30.1.07. EXT.P2: TRUE COPY OF THE TRANSFER REQUEST SUBMITTED BY DR.MADHUSOODANAN NAMBOODIRI DT 26.2.2008. EXT.P3: TRUE COPY OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT 15.5.2008. EXT.P4: TRUE COPY OF ANSWER DT 25.8.2008 ISSUED BY THE APPELLATE AUTHORITY. EXT.P5: TRUE COPY OF THE LETTER ISSUED BY 2ND RESPONDENT DT 29.7.2008. EXT.P6: TRUE COPY OF THE TRANSFER PETITION DT 28.11.2007 SUBMITTED BY THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF CIRCULAR E1-628/09 DT 6.2.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P8: TRUE OCPY OF LETTER ISSUED BY THE DR.ANITHA JACOB DT 4.10.2008. EXT.P9: TRUE COPY OF TRANSFER REQUEST DT 18.2.2009 SUBMITTED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16097 OF 2009 (F) ===================== Dated this the 21st day of October, 2009 J U D G M E N T Petitioner and the 3rd respondent are Medical Officers of Indian Systems of Medicine. Since 7/5/2005, petitioner has been working at the Ayurvedic Dispensary, Cheruvathur. Although the 3rd respondent, his junior was posted at the Padanakkad Ayurveda Hospital, by Ext.P1 request, petitioner sought general transfer to that station. This application of the petitioner was also recommended by the District Medical Officer. 2. However, without considering the request made by the petitioner, draft was published and the petitioner filed her objections. Without considering the objections thus filed, the final list for general transfer was published excluding the petitioner and retaining the 3rd respondent at Padanakkad. 3. Subsequently, by Ext.P8, the 1st respondent informed the petitioner that the objection filed by her against the draft list for general transfer was not considered for the reason that Appeal Review Committee was not constituted. 4. The grievance of the petitioner now is that since the WPC 16097/09 :2 : final list for general transfer was issued without considering her objections, the 1st respondent should take steps for considering the objection of the petitioner. 5. I heard the learned Government Pleader and the learned counsel appearing for the 3rd respondent also. If as stated by the petitioner, when draft was published, she had filed objection, that ought to have been considered. Admittedly, the objection was not considered and the reasons stated is that the Appeal Review Committee was not constituted. In my view, this is an absolutely unsustainable justification as it was for the 1st respondent to have taken steps for constituting the Committee for considering the objection. 6. Therefore, the writ petition is disposed of directing the 1st respondent to constitute the Appeal Review Committee and consider the objection filed by the petitioner against the draft list for general transfer with notice to the petitioner and also the 3rd respondent and pass appropriate orders in the matter. This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. WPC 16097/09 :3 : Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp