IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 12092 of 2008(M) -------------------------- PETITIONER(S): --------------- HARIKRISHNAN,PHARMACIST,P.T.C.M GOVERNMENT ITI,ANICKADU EAST P.O, PALLICKATHODU,KOTTAYAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRTARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT,THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES,OFFICE OF THE DIRECTOR OF HEALTH SERVICES,THIRUVANANTHAPURAM 3. DISTRICT MEDICAL OFFICER,DISTRICT MEDICAL OFFICE OF HEALTH,KOLLAM. 4. SLAMA BEEVI,PHARMACIST,MADEENA MANZIL, KADATHUR P.O,THAZHAVA,KARUNAGAPPALLY,WORKS AS PHARMACIST,DISTRICT HOSPITAL,KOLLAM. ADV. SRI.ABRAHAM MATHEW (VETTOOR) FOR R4 GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12092 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE PHOTOSTAT COPY OF THE REQUEST OF THE PETITIONER'S BROTHER, DATED 22.8.06 ALONG WITH THE RELATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ADINADU EXT.P2- TRUE PHOTOSTAT COPY OF THE ORDER NO.EE 4-31064/06/DHS, DATED 10.12.07 EXT.P3- TRUE PHOTOSTAT COPY OF THE ORDER VIDE NO.GO(Rt). NO.3071/07/H&FWD DATED 1.9.07 EXT.P4- TRUE PHOTOSTAT COPY OF THE REQUEST OF THE PETITIONER'S BROTHER DATED 18.2.08 DULY RECOMMENDED ALONG WITH THE CERTIFICATE OF VILLAGE OFFICER, ADINADU EXT.P5- TRUE PHOTOSTAT COPY OF THE REQUEST OF THE PETITIONER DATED 23.2.08 ADDRESSED TO THE 2ND RESPONDENT EXT.P6- TRUE PHOTOSTAT COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT DATED 27.11.08 EXT.P7- TRUE TYPED COPY OF THE GO.(Rt).1517/63/PD, DATED 5.6.63 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).12092/2008 -------------------- Dated this the 31st day of May, 2010 JUDGMENT Petitioner, who is a Pharmacist presently posted at P.T.C.M. Government I.T.I, Pallickathodu in Kottayam District, is the dependant of army personal and therefore claims that he is entitled to be posted in his Home District. In 2006, he made Ext.P1 application for inter district transfer to Kollam. However, according to him, ignoring his claims, 4th respondent was transferred and posted to Kollam District, based on an order passed by this Court in W.P.(C).28216/2007. Petitioner submits that there is one vacancy now available in Kollam District and therefore the 2nd respondent should be ordered to consider his claim. 2. As far as the claim of the petitioner regarding the existence of one vacancy is concerned, this contention is raised by the learned counsel for the petitioner referring to letter dated 26.5.2010 issued by the District Medical Officer of Health, Kollam, to the 2nd respondent. The letter reads hereunder. W.P.(C).12092/08 2 “Kind attention is invited to the reference cited. One Smt.Saleena, Pharmacist, P.H.Centre, Edava, Thiruvananthapuram was posted on temporary basis to C.H.Centre, Nedumpana as directed vide order cited. There are now three vacancies of Pharmacists existing in this district. Out of this, two vacancies have already been reported to Public Service Commission and the remaining one vacancy is now reporting for Inter District Transfer. In this situation, I may request that Smt.Saleena, Pharmacist who has been posted to C.H.Centre, Nedumpana as directed vide order cited may be transferred to Thiruvananthapuram District as the post now occupied by Smt.Saleena is to be earmarked for Inter District Transfer allotment. Thus from this letter, it is obvious that one vacancy is available for inter district transfer in Kollam District. 3. As far as the claim of the petitioner for inter district transfer is concerned, from the counter affidavit filed by the 2nd respondent, it is seen that, according to the 2nd respondent, W.P.(C).12092/08 3 petitioner had submitted Ext.P1 application and he was to be considered first for inter district transfer to Kollam. However, the 2nd respondent justifies the transfer given to the 4th respondent referring to the order passed by this Court. In paragraph 3 of the counter affidavit it is stated that the petitioner will be eligible for the next arising vacancy and that he will be given a posting accordingly. 4. Having regard the vacancy position as seen from the DMO's letter referred to above and also the eligibility of the petitioner as seen from the counter affidavit filed by the 2nd respondent, I feel that the petitioner is justified in seeking a direction to the 2nd respondent to consider his claim for inter district transfer against the vacancy mentioned in the letter dated 26.5.2010, issued by the DMO, Kollam. 5. Therefore, I dispose of this writ petition directing the 2nd respondent to consider the claim of the petitioner for inter district transfer to Kollam District, against the vacancy mentioned in the letter dated 26.5.2010 of the DMO, Kollam. Orders in this W.P.(C).12092/08 4 behalf shall be passed as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment along with the copy of the writ petition before the 2nd respondent for compliance. ANTONY DOMINIC, Judge mrcs