IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 26620 of 2008(R) -------------------------- PETITIONER(S): --------------- K.K. BABU, S/O. K.K. KANNAPPAN, AGED 45, HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MARAYOOR, IDUKKI DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), THRISSUR DISTRICT. 4. THE DISTRICT MEDICAL OFFICER (HEALTH), PAINAVU, IDUKKI DISTRICT. 5. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MARAYOOR, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.26620 of 2008 ------------------------------- Dated this the 29th September, 2008. J U D G M E N T The petitioner while working as Health Inspector in Primary Health Centre, Thalikkulam, Thrissur district, was placed under suspension, pending disciplinary enquiry. The order of suspension was passed by the District Medical Officer (Health), Thrissur District. On an appeal filed by the petitioner, by Ext.P2 order dated 5.1.2008, the Director of Health Services ordered his reinstatement in service and allotted him to District Medical Officer (Health), Idukki, for a suitable posting. Thereafter, by Ext.P3 order dated, 14.1.2008, the petitioner was posted at Primary Health Centre, Marayoor. Aggrieved by Ext.P3 order, the petitioner filed Ext.P4 representation before the first respondent, Secretary to Government, Health & Family Welfare Department, Thiruvananthapuram, seeking a posting in any one of the Primary Health Centers in Thrissur District. W.P.(C) No.26620 of 2008 2 2. The petitioner thereafter filed W.P.(C) No.7316 of 2008 in this Court. By Ext.P5 judgment delivered on 3.3.2008, the writ petition was disposed of directing the first respondent to consider the request made by the petitioner in Ext.P5 and to pass orders thereon, within two months from the date of receipt of a copy of the judgment. As directed in Ext.P5 judgment, the Government considered the petitioner's request in Ext.P4 and passed Ext.P6 order dated 31.7.2008, rejecting the petitioner's request for a posting in Thrissur District. One of the reasons stated in Ext.P6 is that as the petitioner is facing disciplinary action, he cannot be posted in his home district. Yet another reason stated is that no vacancy of Health Inspector Grade-II exists in Thrissur district. The petitioner has in this writ petition challenged Ext.P6 on the ground that vacancies of Health Inspector Grade-II exist in Thrissur district, and that the disciplinary action is being unnecessarily prolonged for no fault on his part. 3. The second respondent, Director of Health W.P.(C) No.26620 of 2008 3 Services has filed a statement stating that by Ext.R2(a) order passed on 2.7.2008, the disciplinary action was finalised and the petitioner was let off with a severe warning. It is also stated that the period of suspension was ordered to be treated as eligible leave. 4. In the light of the fact that disciplinary action initiated against the petitioner has been finalised, it cannot stand in the way of the petitioner being posted back to his home district, I therefore dispose of the writ petition with a direction to the second respondent to consider the petitioner's request for a posting in Thrissur district and pass orders thereon, on the petitioner filing a representation before the second respondent, within two weeks from today. The second respondent shall, on receipt of such representation, consider the same and pass orders thereon within one month thereafter. P.N.RAVINDRAN, JUDGE nj.