IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 29779 of 2009(N) -------------------------- PETITIONER(S): --------------- P.UTHAMAN, S/O.P.K.PADMANABHAN, AGED 40 YEARS, U.D.CLERK, PRIMARY HEALTH CENTRE, ALAMCODE, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM. 4. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ALAMCODE, MALAPPURAM. 5. THE PRINCIPAL, T.D.MEDICAL COLLEGE, ALAPPUZHA. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29779 OF 2009 (N) -------------------------------------------------- Dated this the 6th day of November, 2009 J U D G M E N T Petitioners are working as LDC at the Primary Health Centre Alamcode coming under the DHS. On the abolition of the dual control system, he opted for Medical Education Service. By Ext.P5 dated 21.4.2009, he was promoted as UDC and the petitioner assumed charge. While so, following the option, by Ext.P4 order dated 29.8.2009 transferred to Medical College Hospital, Alappuzha. This writ petition was thereafter filed complaining that he has not been relieved from the Primary Health Centre, Alamcode to join at Medical College Hospital, Alappuzha. 2. Government Pleader resists the prayer of the petitioner relying on the guidelines, which says that, in cases, where subsequent to the option, employees are promoted, in the absence of any vacancies in the promoted cadre, the employees will have to be retained in the present station. 3. However, counsel for the petitioner submits that the employee will forgo the promotion only to get him transferred. If as a matter of fact the petitioner is willing to forgo the promotion WPC.No.29779 /09 :2 : given to him by Ext.P5, that is a matter for the DME to do the needful. 4. Accordingly, the writ petition is disposed of directing that it will be open to the petitioner to make a representation to the DME expressing his unconditional willingness to forgo his promotion given by Ext.P5 and requesting him to relieve from the Primary Health Centre, Alamcode in order to enable him to join at Medical College Hospital, Alappuzha. It is directed that if such a request is made needful shall be done by the DME, as expeditiously as possible and at any rate within 4 weeks from the date of receipt of a copy of the judgment along with a copy of the writ petition. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the DME for compliance. (ANTONY DOMINIC) JUDGE vi/