IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18821 of 2008(N)
1. A.MOHAMMED KUNJU, SENIOR SUPERINTENDENT,
... Petitioner
Vs
1. THE DIRECTOR OF HOMOEOPATHY,
... Respondent
2. THE DISTRICT MEDICAL OFFICER
3. STATE OF KERALA, REPRESENTED BY
4. R.RAJAN, JUNIOR SUPERINTENDENT,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :SRI.VIJAYAN. K.U.
The Hon'ble MR. Justice V.GIRI
Dated :14/07/2008
O R D E R
V. GIRI, J.
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WP(C).NO. 18821 of 2008
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Dated this the 14th day of July, 2008.
JUDGMENT
The petitioner while working as Junior Superintendent in the
Health Services Department was promoted and posted as Senior
Superintendent in the District Medical Office, with effect from
19.8.2006. Ext.P2 contains the draft proposal for transfer in the
Health Services Department and it proposes the transfer of the
petitioner from Pathanamthitta to Allapuzha. It was objected to by
the petitioner. As per Ext.P3 order he has been transferred to
Thrissur. This is challenged by the petitioner inter alia on the ground
that his transfer to Thrissur is only to accommodate the 4th respondent
who is an office bearer of the NGO union and who was only recently
promoted as Senior Superintendent.
2. A counter affidavit has been filed on behalf of the first
respondent. The 4th respondent has also filed a counter affidavit. The
petitioner has filed a reply affidavit. Learned counsel for the petitioner
alleges that there is violation of the norms in the matter of petitioner’s
transfer to Thrissur. The transfer is for accommodating the 4th
respondent, it is contended, and therefore it is vitiated by malafides.
Mere violation of the guidelines relating to transfer which are
WPC.18821 /2008 2
not statutory in character will not result in an enforceable right as
such. I am not able to find anything material to accept the case of the
petitioner in this regard, but I do not finally express any opinion in
this regard. In my view, it is open to the petitioner to move the
Government either seeking a variation of the transfer or a posting
nearer to his native district of Kollam.
In the result, the writ petition is disposed of permitting the
petitioner to move the Government against Ext.P3. If it is done within
three weeks from today, the third respondent shall consider and pass
orders in that regard, within a period of four weeks from the date of
receipt of a copy of this judgment. Since the petitioner has not been
relieved from Pathanamthitta on account of the order of status quo
passed on 23.6.2008, he shall be retained in Pathanamthitta till the
Government takes a decision in the manner aforementioned. The
Government shall hear the petitioner and the 4th respondent before
taking a decision in that regard.
V. GIRI, JUDGE.
Pmn/ WPC.18821 /2008 3