IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 20405 of 2010(A) -------------------------- PETITIONER(S): ----------------------- SHYJU CHERIAN, S/O. CHERIAN CHACKO, VALIYA PARAMBIL, MUNDIAPALLY P.O., THIRUVALLA. (PHARMACIST UNDER DISTRICT MEDICAL OFFICER (HEALTH), PATHANAMTHITTA.) BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE(H), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 20405 OF 2010 (A) ===================== Dated this the 9th day of July, 2010 J U D G M E N T Petitioner is the husband of a serving military personnel. He was working as a Pharmacist under the Taluk Headquarters, Hospital, Kodungallur. Based on Ext.P1 Government Order providing certain concessions to employees like the petitioner, he sought an inter district transfer to Pathanamthitta, the home district. Though by Ext.P2, his claim was allowed, there was no vacancy to accommodate him, and therefore, he was not posted. That led to filing of writ petitions resulting in Exts.P3 and P4 judgments. Finally, by Exts.P5 and P6, he was accommodated in a deputation vacancy at Konny in Pathanamthitta District. 2. While so, on the allegation that the petitioner did not comply with the direction to report for Sabarimala duty, disciplinary action was initiated against the petitioner resulting in Ext.P14 order of suspension. In an appeal that was filed by the petitioner, pursuant to the orders passed by the Government, Ext.P16 order was passed by the 2nd respondent ordering reinstatement of the petitioner in Pathanamthitta District itself WPC No. 20405/10 :2 : with a rider that the petitioner will not be posted at Konny. 3. The petitioner then submitted representations pointing out the existence of three vacancies at Kallooppara, Puramattom and Vennikulam, which according to the petitioner are stations nearer to his residential place. However, by Ext.P19 order, he was posted at Malayalapuzha. According to the petitioner, Ext.P19 posting him at Malayalapuzha was issued without complying with the directions in Ext.P18 judgment requiring the 2nd respondent to consider the petitioner's claim for accommodation in any one of the aforesaid stations. It is on that premise, the writ petition has been filed. 4. Learned Government Pleader has obtained instructions in the matter. According to him, Ext.P18 judgment was received by the 3rd respondent on 24/6/2010, and that, prior to that, on 15/6/2010, Ext.P19 order was issued posting the petitioner at Malayalapuzha. It is also submitted that before the receipt of Ext.P18, three vacancies pointed out by the petitioner were filled up, and it was therefore that the 3rd respondent could not accommodate the petitioner at the stations pointed out by him. 5. If as stated by the learned Government Pleader, the WPC No. 20405/10 :3 : vacancies indicated by the petitioner were filled up prior to the receipt of Ext.P18 judgment, this Court cannot find fault with the 3rd respondent on the ground that Ext.P19 order was passed without considering the claim of the petitioner. Therefore, Ext.P19 is unassailable. However, in case, if any vacancy arises in the nearby stations and if the petitioner is desirous of getting shifted to those vacancies, it is clarified that it will be open to the petitioner to make an appropriate application before the 3rd respondent, in which event, necessary orders will be passed by the said respondent. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp