IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23424 of 2011(C) -------------------------- PETITIONER(S): --------------- PHILIP SIMON.C., CHERUNGARA HOUSE, UZHAVOOR EAST.P.O., KOTTAYAM DISTRICT OPTHALMIC ASSISTANT, PRIMARY HEALTH CENTRE UZHAVOOR. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOTTAYAM. PIN-686 001. 2. VALSALA.K.P., OPTHAMIC ASST.PRIMARY HEALTH CENTRE, UZHAVOOR.P.O., KOTTAYAM DISTRICT. PIN-686 634. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 23424 OF 2011 APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE ORDER DATED 28.2.2006 PASSED BY THE GOVERNMENT. P2: TRUE COPY OF THE ORDER DATED 23.5.2007 PASSED BY THE ADDITIONAL DIRECTOR OF HEALTH THRIRUVANANTHAPURAM. P3: TRUE COPY OF THE REPRESENTATION DATED 19.2.2010. P4: TRUE COPY OF THE ORDER 27.4.2011 PASSED BY THE D.H.S (MEDICAL) P5: TRUE COPY OF THE ORDER 17.8.2011 PASSED BY THE FIRST RESPONDENT. P6: TRUE COPY OF THE ORDER DATED 23.5.2002 PASSED BY THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 23424 OF 2011 -------------------------------------------- Dated this the 29th day of August, 2011 JUDGMENT The petitioner is working as Opthalmic Assistant under the first respondent. This Writ Petition has been filed mainly challenging Ext.P5 order. As per Ext.P5, he was transferred from Primary Health Centre, Uzhavoor to Taluk Headquarters Hospital, Pambady. A perusal of Ext.P5 order would reveal that it is not actually a transfer, whilst, it is only a stop gap posting. In case the petitioner is having any grievance with respect to the said stop gap arrangement, I am of the view that the petitioner has to raise such contentions before the appropriate authority. In that view of the matter, liberty is granted to the petitioner to prefer a representation raising grievances against Ext.P5 before the Director of Health Services. The petitioner may do so within a period of ten days from the date of receipt of a copy of this judgment. In case the petitioner prefers such a representation, the same shall be considered by the said authority expeditiously, at any rate, within a period of one month from the date of receipt of such a representation. To enable the Director of Health Services to comply with the directions, the petitioner shall produce a copy of this judgment along W.P.(C).No.23424 of 2011 2 with the copy of such a representation. Needless to say that the persons likely to be affected shall also be put on notice before passing orders on such representation. The Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc