IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26379 of 2009(N) PETITIONER(S): 1. M.ANIRUDDHAN, HEAD CLERK, INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 2. P. SURIND, U.D. CLERK, INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 3. R.P. BABU, U.D. CLERK INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 4. C.M. BHAKTHAVALSALAN, U.D. CLERK INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 5. V.JAYALATHA,U.D. CLERK INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 6. V.SHERIJA,L.D. CLERK, INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 7. M.BAIJU, U.D. CLERK INSTITUTE OF MATERNAL & CHILD HEALTH, KOZHIKODE. 8. M. AJITHA, CONFIDENTIAL ASSISTANT,SR.GR. INSTITUTE OF MATERNAL & CHILD HEALTH,KOZHIKODE. 9. P.KUMARAN, U.D. CLERK, INSTITUTE OF MATERNAL & CHILD HEALTH,KOZHIKODE. 10. C.P. ABOOBACKER, U.D.CLERK, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. BY ADV. SRI.V.KRISHNA MENON RESPONDENT(S): 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER, KOZHIKODE. SENIOR GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------------------------- W.P.(C) NO.26379 OF 2009 --------------------------------------------- Dated this the 25th day of September, 2009 JUDGMENT Petitioners are U.D Clerks in the Health Services Department. They are working in the Institute of Maternal and Child Health, Kozhikode, except the 10th petitioner who is working in the Medical College Hospital at Kozhikode. The dual control system of the hospital staff attached to the Medical Colleges in the state was abolished as per G.O.(MS) No.124/2007/H & FWD dated 1.6.07. Employees of the Health Services Department working in the post which were directed to be shifted and brought under the administrative control of the D.M.E were given an option to move over to the D.M.E or remain in the Health Services Department. Petitioners did not exercise an option to be transferred to the D.M.E. 2. Ext.P2 Government Order provides for a list of employees in 57 categories, placed at the disposal of the D.M.E, to be drawn up and published. Apparently that has been done. It is possible that the petitioners would be shifted from the present station, as employees who have opted to come over to the D.M.E could be accommodated in the said post. Petitioners pray that they may be permitted to continue in their W.P.(C) NO.26379 of 2009 2 existing posts till general transfer for the year 2010 is taken up and orders are passed. 2. I heard the Government Pleader also. Learned Government Pleader opposed this prayer. She points out that the number of posts available in the shifted categories within Kozhikode district are less than the number of persons who have opted for the D.M.E. 3. If this be so, considering the fact that petitioners have not exercised an option to go over to the D.M.E, they cannot resist an order which transfers them from the existing posts to an appropriate station, to be accommodated in the post in the Health Services Department. 4. Petitioners may move the Director of Health Services, with a representation to consider their requests to be retained in Kozhikode district itself till the next general transfer. If the petitioners make a representation within two weeks, the Director of Health Services Department shall consider those representations expeditiously. Writ Petition is disposed of as above. (V.GIRI, JUDGE) spc W.P.(C) NO.26379 of 2009 3