High Court Kerala High Court

Shyju Cherian vs State Of Kerala on 9 July, 2010

Kerala High Court
Shyju Cherian vs State Of Kerala on 9 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20405 of 2010(A)


1. SHYJU CHERIAN, S/O. CHERIAN CHACKO,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. DIRECTOR OF HEALTH SERVICES,

3. DISTRICT MEDICAL OFFICER OF HEALTH,

                For Petitioner  :SRI.S.SUBHASH CHAND

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/07/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 20405 OF 2010 (A)
                =====================

              Dated this the 9th day of July, 2010

                          J U D G M E N T

Petitioner is the husband of a serving military personnel. He

was working as a Pharmacist under the Taluk Headquarters,

Hospital, Kodungallur. Based on Ext.P1 Government Order

providing certain concessions to employees like the petitioner, he

sought an inter district transfer to Pathanamthitta, the home

district. Though by Ext.P2, his claim was allowed, there was no

vacancy to accommodate him, and therefore, he was not posted.

That led to filing of writ petitions resulting in Exts.P3 and P4

judgments. Finally, by Exts.P5 and P6, he was accommodated in

a deputation vacancy at Konny in Pathanamthitta District.

2. While so, on the allegation that the petitioner did not

comply with the direction to report for Sabarimala duty,

disciplinary action was initiated against the petitioner resulting in

Ext.P14 order of suspension. In an appeal that was filed by the

petitioner, pursuant to the orders passed by the Government,

Ext.P16 order was passed by the 2nd respondent ordering

reinstatement of the petitioner in Pathanamthitta District itself

WPC No. 20405/10
:2 :

with a rider that the petitioner will not be posted at Konny.

3. The petitioner then submitted representations pointing

out the existence of three vacancies at Kallooppara, Puramattom

and Vennikulam, which according to the petitioner are stations

nearer to his residential place. However, by Ext.P19 order, he was

posted at Malayalapuzha. According to the petitioner, Ext.P19

posting him at Malayalapuzha was issued without complying with

the directions in Ext.P18 judgment requiring the 2nd respondent

to consider the petitioner’s claim for accommodation in any one of

the aforesaid stations. It is on that premise, the writ petition has

been filed.

4. Learned Government Pleader has obtained instructions

in the matter. According to him, Ext.P18 judgment was received

by the 3rd respondent on 24/6/2010, and that, prior to that, on

15/6/2010, Ext.P19 order was issued posting the petitioner at

Malayalapuzha. It is also submitted that before the receipt of

Ext.P18, three vacancies pointed out by the petitioner were filled

up, and it was therefore that the 3rd respondent could not

accommodate the petitioner at the stations pointed out by him.

5. If as stated by the learned Government Pleader, the

WPC No. 20405/10
:3 :

vacancies indicated by the petitioner were filled up prior to the

receipt of Ext.P18 judgment, this Court cannot find fault with the

3rd respondent on the ground that Ext.P19 order was passed

without considering the claim of the petitioner. Therefore, Ext.P19

is unassailable. However, in case, if any vacancy arises in the

nearby stations and if the petitioner is desirous of getting shifted

to those vacancies, it is clarified that it will be open to the

petitioner to make an appropriate application before the 3rd

respondent, in which event, necessary orders will be passed by

the said respondent.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp