IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 25602 of 2010(A) -------------------------- PETITIONER(S): --------------- M.SASIDHARAN NAIR, PAY WARD KEEPER KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS) DELUXE PAY WARD, MEDICAL COLLEGE HOSPITAL THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA SRI.K.M.ALEXANDER RESPONDENT(S): --------------- 1. KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS) GENERAL HOSPITAL CAMPUS THIRUVANATHAPURAM, REP BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS) GENERAL HOSPITAL CAMPUS,THIRUVANATHAPURAM. ADV. SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.25602 of 2010 (A) -------------------------- Dated, this the 13th day of August, 2010 J U D G M E N T Petitioner is a Pay Ward Keeper in the Deluxe Pay Ward attached to Medical College Hospital, Thiruvananthapuram. By Ext.P3 order dated 07/08/2010, he has been transferred and posted to General Hospital, Pathanamthitta as Pay Ward Keeper. Learned counsel for the petitioner submits that it was only by Ext.P2 order dated 08/07/2010 that he was transferred from W & C Pay Ward, Thycaud and posted to the Medical College Hospital Pay Ward, and that there was no reason to have transferred him again in such a short time. 2. Learned Standing Counsel appearing for the respondents has obtained instructions in the matter. According to the learned Standing Counsel, the petitioner has been working in the Hospitals in and around Thiruvananthapuram for more than 10 years. It is stated that previously he was posted at the Medical College Hospital and he was transferred and posted to W & C Pay Ward, Thycaud by WP(C) No.25602/2010 -2- Ext.P1 order dated 26/02/2009. According to the learned counsel, thereupon the petitioner represented for a transfer to Medical College Hospital and it was on that basis that by Ext.P2 order the petitioner was transferred and posted. It is stated that at General Hospital, Pathanamthitta, major renovation work is going on and that therefore, the respondents need an experienced person to look after the Pay Ward attached to the said Hospital. It was only because of this reason that the petitioner was transferred by Ext.P3 order. 3. Admittedly, the petitioner is holding a transferable post. Therefore, the respondents are competent to issue orders of transfer and the petitioner has the liability to be transferred. An order of transfer issued in the exigencies of service will not be interfered with by this Court, and only in cases where such orders are vitiated by malafides can this Court examine the validity of such orders. 4. In this case, from the submissions made by the learned Standing Counsel for the respondents, I am satisfied that it was only on exigencies of service and not for any other extraneous WP(C) No.25602/2010 -3- consideration that by Ext.P3 order, the petitioner was transferred and posted to General Hospital, Pathanamthitta. Therefore, there is nothing invalidating Ext.P3 order. Needless to say that this judgment will not stand in the way of the petitioner to approach the respondents for a convenient posting, and if such a representation is made, it is up to the respondents to deal with the same. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg