IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WA.No. 1977 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.30010/2011 Dated 08/12/2011 .................... APPELLANT / PETITIONER -------------- DR. DILEEPKUMAR D.S, ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, VALANTHAKADU, ERNAKULAM DIST. BY ADV. MR. P.N.SANTHOSH MS. K.P.GEETHA MANI RESPONDENTS: --------------- 1. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM 695 001 2. THE DISTRICT MEDICAL OFFICER OF HEALTH, OFFICER OF THE DISTRICT MEDICAL OFFICER, GENERAL HOSPITAL, ERNAKULAM, PIN 682 016 3. DR. JAYA G., ASSISTANT SURGEON, TALUK HEADQUARTERS HOSPITAL, FORT KOCHI, ERNAKULAM, PIN 682 002 R1 AND R2 BY SENIOR GOVERNMENT PLEADER MS. K. MEERA R3 MR. MANU GOVIND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 1977 Of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Heard the learned counsel for the appellant. The learned Government Pleader takes notice for the first and second respondents. Adv. Sri.Manu Govind takes notice for the third respondent. By consent of all the parties, the matter is heard and disposed of on merits. 2. The appellant/petitioner approached the learned Single Judge challenging Ext. P3 transfer order, by transferring him to Mulavukad Primary Health Centre from Valanthakad Primary Health Centre. His grievance is that, this transfer is in order to accommodate the 3rd respondent herein. 3. We note from the records, that, though, the appellant complains that he was transferred five times within a period of two years, except one transfer, all other transfers were at his request. The stand of the Government as well as the 3rd respondent is to the effect, that the District Medical Officer, no doubt, can transfer within the district these Assistant Surgeons in case of exigencies, provided, the same gets ratified by the W.A No. 1977 of 2011 :2: Health Department. In the present case, no doubt, the appellant was tranferred to Valanthakad, not on the ground of exigency but only at his request and hence the same is not ratified by the first respondent. In that view of the matter, there is no other way for the appellant than to go to the place from where he came to Valanthakad. If he is entitled to approach the concerned authority, for his transfer to any other vacancy, he is at liberty to do so and the concerned respondent shall consider his representation in accordance with the procedure contemplated. This is the concession already given by the learned Single Judge. The learned Single Judge, after considering the above facts, was justified in dismissing the writ petition, but, however he was considerate to the appellant by reserving liberty to seek request for transfer. Accordingly, the writ appeal is dismissed. Sd/ MANJULA CHELLUR, Ag. CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge