IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 19262 of 2008(R) ---------------------------------------- PETITIONER: -------------------- P.N. MOHANDASAN, ADMINISTRATIVE ASSISTANT, DISTRICT MEDICAL OFFICE, PATHANAMTHITTA, S/O. M.P RAGHAVAN NAIR, PALAKKUNNATH NANGOLATH HOUSE, P.O. CHEVAYYUR, CALICUT-17. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. 2. DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, MANANTHAVADY, WAYANAD. 4. P.C. RAJALAKSHMI, LAY SECRETARY AND TREASURER, TALUK HEAD QUARTERS HOSPITAL, THODUPUZHA, IDUKKI DISTRICT. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19262/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 3/05/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 7/02/2008 TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 17/03/2008 TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 10/04/2008 TO THE 1ST RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 12/05/2008 TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE ORDER DTD. 19/06/2008 TRANSFERRING THE R4 TO WAYANAD DIST. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V. GIRI, J. ------------------------------- WP(C).NO. 19262 of 2008 --------------------------------- Dated this the 17th day of July, 2008. JUDGMENT The petitioner is presently working as Administrative Assistant in the District Medical Office(Health), Pathanamthitta. He was posted to such station on he being promoted under Ext.P1 order. He was working as Lay Secretary in the Institute of Maternal and Child Health. The petitioner is due to retire on 30.6.2009. 2. Under Ext.P6 order the 4th respondent and one Pushpavally were posted at Wyanad and Kannur District respectively. The petitioner submits that he had opted for a posting either in Wyanad or Kozhikode District. There is no reason why he should have been posted in Pathanamthitta. I do not find any ground to interfere with Ext.P1 order of transfer. In my view, if the petitioner is desirous of posting in a place of his choice other than Pathanamthitta, he ought to approach the Government in the first instance. But taking note of the fact that the petitioner is due to retire in June, 2009 it is only appropriate WPC. /2008 2 that the Government accepts any one of the options given by him unless there are compelling reasons not to do so. In the result, the writ petition is disposed of directing the first respondent to consider Ext.P5 and pass an order on the petitioner's option for a posting in Kannur or Wayanad District (taking note of the fact that the vacancy in Kozhikode is already filled up). This shall be done within four weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent . V. GIRI, JUDGE. Pmn/ WPC. /2008 3