IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24454 of 2010(F) -------------------------- PETITIONER(S): --------------- DR.V.SURESH KUMAR,S/O.A.K.VIJAYAN, CIVIL SURGEON,SANATORIUM FOR CHEST DISEASES, PULAYANARKOTTA,THIRUVANANTHAPURAM,RESIDING AT BHAGYASREE,RG 233,TEMPLE ROAD,KOCHULLOOR, MEDICAL COLLEGE.P.O,THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVT., HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695 037. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN - 695 037. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24454 of 2010 (F) --------------------------------- Dated, this the 6th day of August, 2010 J U D G M E N T The petitioner challenges Ext.P1 order dated 15/06/2010. By this order, the petitioner, who is working as a Civil Surgeon in the Sanatorium for Chest Diseases at Pulayanarkotta, Thiruvananthapuram, is transferred to Community Health Centre, Manambur. 2. First ground raised by the petitioner is that he has only 8 months to retire from service. Therefore, he is entitled not to be disturbed from the present station. The order giving protection to the employees, who are on the verge of retirement, is only in the nature of a guideline and therefore, if on exigencies of service, an employee is required to be posted, there is nothing preventing the Government from departing from the guidelines and making transfers and postings. Such an order, unless vitiated any malafides, will not be interfered with by this Court. 3. It was then contended by the learned counsel for the petitioner that he has already exercised option for general cadre postings and that he is entitled to get posting at a place opted by him. Even according to the petitioner, general cadre postings are WP(C) No.24454/2010 -2- yet to be implemented and therefore, the fact that the petitioner has opted for general cadre postings, does not entitle him to a posting on that basis before implementation of the cadre and ordering postings. Therefore, this ground also does not call for interference with Ext.P1 order. 4. Learned counsel for the petitioner then points out that there is already a vacancy at Government Hospital, Attingal, which is also a station opted by the petitioner for posting under the general cadre. It is seen that pointing out the existence of such a vacancy, the petitioner has filed Ext.P2 representation to the 1st respondent with a copy of the 2nd respondent, and that according to him, orders on Ext.P2 have not been passed. 5. Therefore, I direct the petitioner to produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent, who shall consider Ext.P2 and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within four weeks of its receipt. It will be open to the petitioner to file a supplementary representation also, if he so desires. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg