IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 941 of 2010()
1. DR.SINDHI.S,W/O.DR.SHAHIR SHAH,
... Petitioner
Vs
1. THE SECRETARY TO GOVERNMENT OF KERALA,
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. DR.RADHIKA.D.S,ASST.SURGEON,
For Petitioner :SRI.M.R.RAJENDRAN NAIR (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :09/06/2010
O R D E R
C.N.RAMACHANDRAN NAIR &
P.S.GOPINATHAN, JJ.
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Writ Appeal No.941 of 2010
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Dated this the 9th day of June, 2010.
JUDGMENT
Ramachandran Nair, J.
Writ Appeal is filed against judgment of the learned Single Judge
declining to interfere with transfer orders whereunder appellant was
shifted from Punalur to Malappuram. We have heard Senior counsel
appearing for the appellant and Government Pleader for the
respondents.
2. It is made clear in Ext.P4 that transfers and postings are made
on a purely provisional basis. Government Pleader submitted that
without instruction he will not be able to state as to why in the order
Government has stated the transfers and postings as provisional. We
do not think the matter should be kept pending because the order made
provisional will also be subject to variation, if the Government finds
any justification for the same. Ext.P4 covers posting of as many as
over 100 Doctors and invariably there will be representations from
various persons. It is for the respondents to consider representations of
2
all concerned including that of the appellant, consider the relative
claims of the Doctors and post them to places as far as convenient to
them. Writ Appeal is disposed of directing the Government to take
final decision without delay. However, we make it clear that it would
not be fair on the part of the Doctors to keep out of Hospitals pending
Government’s consideration of their request for change. In other
words, in our view, Doctors should join duty so that patients do not
suffer. We also direct the Government to finalise the postings within a
period of one month from now.
C.N.RAMACHANDRAN NAIR
Judge
P.S.GOPINATHAN
Judge
pms