IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 15033 of 2010(D) -------------------------- PETITIONER(S): --------------- DR. A.N.SAREENA, D/O. NABIDEEN SAHEED, AGED 50 YEARS, SENIOR MEDICAL OFFICER, 4TH B-1, WESTERN CASTLE, P.O.THANA, KANNUR-670012. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE, DEPARTMENT OF INDIAN SYSTEMS OF MEDICINE THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER(ISM) INDIAN SYSTEMS OF MEDICINE, DISTRICT MEDICAL OFFICE, KANNUR. 4. DR. B.SATHYAJIT, SENIOR MEDICAL OFFICER(AYURVEDA), DISTRICT AYURVEDA HOSPITAL, KANNUR. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15033 of 2010 (D) --------------------------------- Dated, this the 18th day of May, 2010 J U D G M E N T The petitioner is a Senior Medical Officer. By Ext.P1 order dated 08/06/2007, she was transferred from Munderi, Kannur in the place of the 4th respondent. Accordingly, she joined the post on 09/07/2007. Now Ext.P4 order has been issued transferring the petitioner to Kannadiparambu, Kannur and the 4th respondent is transferred to her place. According to the petitioner, the said order of transfer is against the terms of Ext.P3 guidelines. It is also now disclosed that Ext.P4 has already taken effect, and that the 4th respondent has assumed charge. 2. Ext.P3 is only a guideline and therefore, in the exigencies of service, even if deviation is made, that by itself does not give rise to an enforceable cause of action. Now that Ext.P4 has already taken effect, it is for the petitioner to seek redressal of her grievance, if any, by moving the authorities themselves. Therefore, leaving it open to the petitioner to move the WP(C) No.15033/2010 -2- authorities concerned and to seek redressal of her grievances, and directing that if such a representation is made, the same shall be dealt with by the authority, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg