High Court Kerala High Court

Dr.R.Vijayakumar vs State Of Kerala – Represented By on 3 March, 2009

Kerala High Court
Dr.R.Vijayakumar vs State Of Kerala – Represented By on 3 March, 2009
       

  

  

 
 
  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.
                      ---------------------------
                     W.P.(C).No.2974 of 2009
                     -----------------------------
               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

2

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

W.P.(C).No.2974 of 2009

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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/-