IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18054 of 2009(B)
1. VIJAYAN.A., S/O. APPUKUTTAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE CHIEF
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.P.B.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :29/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 18054 of 2009
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Dated this the 29th day of June, 2009
JUDGMENT
Heard Sri.P.B.Suresh Kumar, the learned counsel appearing for the
petitioner and Smt. Anu Sivaraman, the learned Senior Government
Pleader appearing for the respondents.
2. The petitioner who is a native of Poovar in
Thiruvananthapuram District is presently working as Junior Health
Inspector Grade-I in the Public Health Centre at Kollengode in Palakkad
District. In this writ petition he challenges Ext.P6 letter dated 11-6-2009
sent by the Director of Health Services informing him that his request for
transfer to Thiruvananthapuram District cannot be considered, as he has
not completed three years in the present cadre at Palakkad. In my
opinion, if the petitioner is aggrieved by Ext.P6 and the decision taken by
the Director of Health Services, his remedy is to move the Government,
which has got residuary and reserve powers in the matter of transfer and
posting of Government servants.
I accordingly dispose of this writ petition with a direction that in
the event of the petitioner filing an appropriate representation before
the Secretary to Government, Health and Family Welfare Department,
W.P.(C) No. 18054/09 2
setting out his grievances, the Secretary to Government shall consider the
same and pass orders thereon expeditiously and in any event within one
month from the date on which such a representation is received by him. It
will be open to the Secretary to Government to hear the petitioner also, if
he is of the opinion that the petitioner should be given an opportunity of
being heard in person. The Government shall after orders are passed,
communicate a copy thereof to the petitioner expeditiously.
P.N.RAVINDRAN,
JUDGE.
mn.