IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20521 of 2008(R)
1. SHYJU CHERIAN, S/O CHERIAN CHACKO,
... Petitioner
Vs
1. STATE OF KERAL, REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HEALTH SERVICES, OFFICE
3. USHAKUMARI V.V.,
4. DISTRICT MEDICAL OFFICER OF HEALTH,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :11/07/2008
O R D E R
V.GIRI, J.
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W.P.(C).No.20521 of 2008 R
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Dated this the 11th day of July, 2008.
JUDGMENT
The petitioner is presently working as
a Pharmacist in the Taluk Headquarters
Hospital, Kodungallur. His wife is employed in
the Military as a Military Nursing Officer.
The petitioner is the only son of his parents.
His father passed away in 2007. His mother is
aged 60 years. Apparently, his presence in
Pathanamthitta District is highly necessary,
he contends. This is mainly for the reason
that his two sons are being looked after by
his aged and ailing mother at Thiruvalla. The
petitioner sought for a posting in
Pathanamthitta District, on inter-district
transfer and the same was actually granted to
him as per Ext.P3 dated 23.5.2002. For want of
vacancies, he could not be accommodated.
Exts.P4 and P5 are subsequent applications
submitted by the petitioner. Pursuant to the
direction issued in Ext.P6 judgment, Ext.P7
W.P.(C).NO.20521/08
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order was passed by the Additional Director
of Health Services, stating that the
petitioner’s request could be considered only
when vacancies of inter-district transfer
arise in Pathanamthitta District. The same
has been challenged in this writ petition.
2. In the facts and circumstances of
the case, the Government Pleader was directed
to get instructions whether there is an open
vacancy in the post of Pharmacist in the
Health Services Department, available in the
Primary Health Centre at Konni, taking note
of the submission made by the learned counsel
for the petitioner.
3. Learned Government Pleader, on
instructions, submits that there is a vacancy
in Konni brought about by the deputation of
an incumbent to the Kerala Medical Services
Corporation, Palakkad. This is borne out by
Exts.P13 and P14 produced by the petitioner,
along with I.A.No.8929/08.
W.P.(C).NO.20521/08
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4. In the circumstances, the writ
petition is disposed of directing the
Director of Health Services-2nd respondent to
pass orders posting the petitioner against
the vacancy in the post of Pharmacist,
currently available at Primary Health Centre,
Konni, brought about by the deputation of
Sri.A.Haridasan to the Kerala Medical
Services Corporation, Palakkad, as evidenced
by Ext.P13. The 2nd respondent shall pass
orders posting the petitioner at Konni at the
earliest, at any rate, within two weeks from
the date of receipt of a copy of this
judgment. It is made clear that the
petitioner would be vulnerable to be relieved
from Konni, if the deputationist is brought
back, either on cancellation of the
deputation or on the expiry of the period of
deputation.
In the meanwhile, the petitioner’s
request for posting in Pathanamthitta
District, on inter-district transfer, shall
W.P.(C).NO.20521/08
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be considered by the Government and a fresh
order may be passed, in that regard, on
Ext.P12, within a period of three months from
the date of receipt of a copy of this
judgment. The Government shall take note of
Ext.P3 order, whereby his eligibility to
inter-district transfer to Pathanamthitta has
been found in his favour, while passing
orders on Ext.P12.
The petitioner shall produce a copy
of this judgment along with a copy of the
writ petition before respondents 1 and 2 for
compliance.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. To Judge