IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 17218 of 2010(B) -------------------------- PETITIONER(S): --------------- DR.P.A.MOHAMMAD ASHRAF,S/O.K.K.ABDUL KHARIM,CIVIL SURGEON,(RE-DESIGNATED AS CONSULTANT) TALUK HEADQUARTERS HOSPITAL,NEDUMANGAD, THIRUVANANTHAPURAM,RESIDING AT 20 E,RAIHAN, M.G.NAGAR,PEROORKADA,THIRUVANANTHAPURAM-5. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVT.,HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DR.PRABHU.R.K,CIVIL SURGEON, (RE-DESIGNATED AS CONSULTANT)TALUK HEADQUARTERS HOSPITAL,CHIRAYNIKEEZHU.(UNDER ORDERS OF PLACEMENT TO TALUK HEADQUARTERS HOSPITAL,NEDUMANGAD). 4. DR.SAJITH.V.S,CIVIL SURGEON, (RE-DESIGNATED AS CONSULTANT)GENERAL HOSPITAL, THIRUVANANTHAPURAM. ADVOCATE GENERAL SRI. C.P.SUDHAKARA PRASAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.17218 OF 2010 (B) -------------------------------------------------- Dated this the 7th day of June, 2010 J U D G M E N T Petitioner is presently posted as Civil Surgeon in the Taluk Head Quarters Hospital, Nedumangad. By the impugned order he was transferred to the General Hospital, Ernakulam. His grievance is that he is opted to Nedumangad, Thiruvananthapuram and Perurkada and that ignoring his option, his juniors in the seniority list were posted in the stations opted by him. 2. Learned Advocate General on instructions submits that in modification of the impugned order the petitioner is ordered to be posted at General Hospital, Thiruvananthapuram. In so far as the contention of the learned counsel for the petitioner that he being Sl.No.24 ought to have been accommodated at Nedumangad itself as against the 3rd respondent, who is at Sl.No.66, this submission is contradicted by the learned Advocate General by submitting that the petitioner had not opted for Nedumangad. The question whether the petitioner had opted for Nedumangad is a disputed question of fact and there is no material substantiating the contention of the petitioner. Be that as it may, I record the submission of the learned Advocate General that the petitioner is ordered to be posted at WPC.No.17218 /2010 :2 : General Hospital, Thiruvananthapuram and on that basis the writ petition is closed. (ANTONY DOMINIC) JUDGE vi/