IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 18054 of 2009(B) -------------------------------------- PETITIONER(S): ----------------------- VIJAYAN.A., S/O. APPUKUTTAN PILLAI, AGED 41 YEARS, JUNIOR HEALTH INSPECTOR GRADE-1, PUBLIC HEALTH CENTRE, KOLLENGODE, PALAKKAD, RESIDING AT SREE NIKETHAN, ARUMANOOR, POOVAR.P.O. TRIVANDRUM. BY ADVS. MR.P.B.SURESH KUMAR MR.K.P.SUJESH KUMAR MR.K.N.SASIDHARAN NAIR SMT.SANDHYA RADHAKRISHNAN SMT.M.SRUTHY RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18054 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of June, 2009 JUDGMENT Heard Sri.P.B.Suresh Kumar, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner who is a native of Poovar in Thiruvananthapuram District is presently working as Junior Health Inspector Grade-I in the Public Health Centre at Kollengode in Palakkad District. In this writ petition he challenges Ext.P6 letter dated 11-6-2009 sent by the Director of Health Services informing him that his request for transfer to Thiruvananthapuram District cannot be considered, as he has not completed three years in the present cadre at Palakkad. In my opinion, if the petitioner is aggrieved by Ext.P6 and the decision taken by the Director of Health Services, his remedy is to move the Government, which has got residuary and reserve powers in the matter of transfer and posting of Government servants. I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Health and Family Welfare Department, W.P.(C) No. 18054/09 2 setting out his grievances, the Secretary to Government shall consider the same and pass orders thereon expeditiously and in any event within one month from the date on which such a representation is received by him. It will be open to the Secretary to Government to hear the petitioner also, if he is of the opinion that the petitioner should be given an opportunity of being heard in person. The Government shall after orders are passed, communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, JUDGE. mn.