IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2974 of 2009(D)
1. DR.R.VIJAYAKUMAR,
... Petitioner
Vs
1. STATE OF KERALA - REPRESENTED BY
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. THE PRINCIPAL, MEDICAL COLLEGE,
4. THE PRINCIPAL, MEDICAL COLLEGE,
5. DR.T.M.JOSE,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.P.RAMAKRISHNAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :03/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C).No.2974 of 2009
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Dated this the 3rd day of March, 2009
J U D G M E N T
Heard Sri.Sasindran, the learned counsel appearing for the
petitioner, Sri.A.J.Varghese, the learned Government Pleader
appearing for respondents 1 to 4 and Sri.P.Ramakrishnan, the
learned counsel appearing for the fifth respondent.
2. The petitioner and the fifth respondent are Associate
Professors of Orthopaedics. The petitioner is senior to the fifth
respondent. The petitioner was promoted as Associate Professor
as per order dated 1.12.2006 and posted in Medical College,
Thrissur where he was then working. The fifth respondent, who
was also working in Medical College, Thrissur was posted in
Medical College, Alappuzha on promotion as Associate Professor.
The fifth respondent has attained the age of superannuation.
However, by virtue of Rule 60(c) of Part I KSR he can continue in
service till 30.04.2009. Later, by Ext.P2 order dated 23.1.2009,
the fifth respondent was transferred back to Medical College,
Thrissur and the petitioner was transferred to Alappuzha in his
W.P.(C).No.2974 of 2009
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place. Ext.P2 is challenged in this writ petition.
3. Though this Court had passed an interim order on
28.1.2009 staying the petitioner’s transfer under Ext.P2 till
10.2.2009, before the order of stay was passed, the fifth
respondent was relieved from Alappuzha and he joined duty at
Thrissur. The petitioner was also relieved from Thrissur and he
joined duty at Alappuzha. When the writ petition came up for
hearing today, Sri. M.Sasindran, the learned counsel appearing
for the petitioner submitted that a vacancy of Associate Professor
in the Department of Orthopaedics will arise in Medical College,
Thrissur when the fifth respondent retires from service on
30.4.2009 and that the petitioner will be satisfied, if he is
transferred back to Thrissur in that vacancy. The learned counsel
for the petitioner also submits that instances are numerous,
where Assistant Professors on promotion to the post of Associate
Professor were allowed to continue in the Medical Colleges where
they are working and therefore the official respondents may be
directed to transfer the petitioner back to Thrissur, when the fifth
respondent retires from service. In my opinion, this is a matter
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for the Government to decide.
4. The petitioner shall within two weeks from today file
an appropriate representation before the Secretary to
Government, Health and Family Welfare Department seeking a
transfer to Medical College, Thrissur in the vacancy that would
arise on 30.4.2009 on the retirement of the fifth respondent. The
Secretary to Government shall pass orders on the said
representation, expeditiously, and in any event, before the
vacancy that would arise on the retirement of the fifth
respondent is filled up. While considering the claim of the
petitioner, the requests, if any, made by any other Associate
Professor of orthopaedics for transfer and posting to Thrissur,
shall also be considered.
The Writ Petition is disposed of as above.
P.N.RAVINDRAN,
JUDGE.
bkn/-