IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(C).No. 12492 of 2011(J) -------------------------- PETITIONER: ------------------- JEENVAS T.V. JUNIOR HEALTH INSPECTOR GR.II PRIMARY HEALTH CENTRE VELLANGALLUR, THRISSUR DIST. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENTS: --------------- 1. DISTRICT MEDICAL OFFICER (H) THRISSUR, THRISSUR DISTRICT PIN – 680 005 2. DEVASSENAN M.S. JUNIOR HEALTH INSPECTOR GR.II PRIMARY HEALTH CENTRE CHOONDAL, THRISSUR DIST. PIN – 679 562 R1 BY GOVT. PLEADER SHRI. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 12492 OF 2011 J ----------------------------------------------------------- Dated this the 19th April, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P3 order of transfer by which he has been transferred from PHC, Vellangallur, to PHC, Punnayur. According to the petitioner, he had been given an opportunity to exercise his option regarding the places to which he would prefer to be transferred during the general transfer. Accordingly he had submitted Ext.P1 application in which he had indicated five places of preference. Thereafter, Ext.P2 transfer order was issued wherein, he has been shown as transferred to Velookara. He is serial No:19 in Ext.P2. However, when the final transfer order Ext.P3 was issued, the petitioner found that he has been transferred to a far away place and posted to PHC, Punnayur. 2. Petitioner complains that his transfer to Punnayur causes a lot of hardships to him for the reason that the place is far away and is not well connected by bus routes. Consequently, he would have to change four buses to reach the said place. The petitioner also complains that he has an aged and ailing father to look after and WPC 12492/2011 2 that was the reason why he had sought for a posting to a nearby place. 3. I have heard the counsel for the petitioner at length. I have also heard the learned Govt. Pleader. 4. It is to be noted that, except for a bare allegation that Ext.P3 is vitiated by malafides, no specific allegation substantiated by materials is available to support the case of the petitioner. I notice that the transfer of the petitioner is to a place within the Thrissur district itself. The reasons urged by the petitioner for attacking the order of transfer are purely personal, namely, that it is difficult for him to look after his old and ailing father. No doubt the personal problems of the petitioner requires sympathy. But, such factors are not sufficient to interfere with Ext.P3 transfer order. Unless it is shown, at least prima facie, that the impugned transfer order is vitiated by malafides or absolutely lack of good faith, it is not permissible to interfere with the same. Transfer is a necessary incidence of service and has to be put up with, even if the same causes a certain amount of hardship and difficulty. I also notice that Ext.P3 is an order of general transfer by which a number of persons have been transferred and posted to various places in Thrissur district. Any interference with the same would create WPC 12492/2011 3 needless problems in the postings of other employees. Absolutely no grounds have been made out for interference with Ext.P3. 5. Counsel for the petitioner sought permission to approach the authorities with a suitable representation detailing the personal grievances of the petitioner and to seek a posting to some station close to his house. The petitioner may make an application setting out his personal difficulties to the concerned authority and seek a suitable posting to a station near his house. If such an application is made, the authority shall consider the same sympathetically and pass appropriate orders thereon in accordance with law without delay. Such application shall be disposed of after hearing the petitioner also within a period of six weeks from the date of receipt thereof. With the above observations, this writ petition is dismissed. K. SURENDRA MOHAN Judge jj WPC 12492/2011 4