IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11397 of 2009(T) -------------------------- PETITIONERS: --------------- 1. KERALA GOVERNMENT OPTOMETRISTS ASSOCIATION REPRESENTED BY ITS PRESIDENT, R. RAJESH, ROOM NO. 22, BHARAT LODGE, OPP.IOB,POWER HOUSE ROAD, CHALAI, THIRUVANANTHAPURAM -36. 2. MANOJ K.J, OPHTHALMIC ASSISTANT, PHC KOPPAM, PALAKKAD. BY ADV. SMT.P.V.ASHA RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.11397 of 2009 -------------------------- Dated this the 6th April,2009 J U D G M E N T The petitioners, the Kerala Government Optometrists' Association and Ophthalmic Assistant, are aggrieved by the violation of the transfer norms. First petitioner Association represents Ophthalmic Assistants working in the Health Department under the respondents. Their members are Ophthalmic Assistants and the 2nd petitioner is working as such and he is a member of the Association. The association had been voicing their concern with regard to the grievances suffered by the members of the Association. 2. The Government as per G.O.(P) No.12/04/P&ARD Dated 10.9.2004 has laid down various norms for transfer and postings of the employees. As regards the Department of Health by Exhibit-P1 separate norms have been adopted. Various measures are mentioned in Exhibit P1 for effectively implementing the W.P ( C) No.11397 of 2009 2 same. Despite the guidelines issued in the matter, transfers are being effected at the whims and fancies of those in power from time to time. Petitioners, therefore, seek for appropriate direction to the Government to publish a draft list of transfers before orders of general transfer are passed for providing an opportunity to Ophthalmic Assistants to declare/opt their native/home district and to maintain register in the office of the 2nd respondent etc. They have filed a detailed representation as per Exhibit-P4 before the 2nd respondent and another representation as Exhibit-P5 before the Government. Since the grievance raised by the petitioners is that norms issued by the Government are being violated, the Government will consider Exhibit-P5 and take appropriate action on the same. 3. There will be a direction to the 1st respondent to consider the grievance raised by the petitioners in Exhibit- P5 and take appropriate action and communicate the decision thereon to the petitioners within a period of two months from the date of receipt of a copy of this judgment. W.P ( C) No.11397 of 2009 3 4. Learned counsel for the petitioners submits that General Transfer 2009 is due and therefore the 1st respondent may be directed to take a decision before implementing the orders of General Transfer 2009. The above request will be given due consideration by the 1st respondent while implementing the direction issued as above. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.11397 of 2009 4 W.P ( C) No.11397 of 2009 5