P. DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Doctor working in the Kerala Health Services.While he was working in the Government Rural Dispensary,Porathur,he had requested for transfer from that station.The Government Hospital at Tirur was the first preference or choice given by him when he made a request for transfer.No doubt,he did not get the transfer as requested for but on 5th May 1979,he was posted to the Government Hospital,Tirurangadi.Ext.P -2 is the order of transfer.On 6th November 1979,he was again transferred to Ponnani.Ext.P -3 is that order.Afterwards on 6th September 1980,the petitioner was given a posting at Tirur.Ext.P -4 is the copy of that order.

(2.) THE third respondent is another Doctor working in the Government Hospital,Tirur.He had been at Tirur for some considerable length of time,for more than three years.He was then transferred and posted to the General Hospital at Calicut.He joined duty at Calicut,but then it appears immediately he entered on leave.The petitioner would contend that the third respondent was then trying to get himself transferred back to Tirur.On 23rd May,this year,there was publication in the newspapers regarding the general transfers and postings of a large number of Doctors working under the Kerala Health Services.In the general transfer,the petitioner was transferred to Tirurangadi and the third respondent was brought back to Tirur.This order of transfer is questioned by the petitioner in this O.P.The O.P.was filed immediately after the publication of the general orders of transfer in the newspapers.The complaint of the petitioner in the O.P.is that in effecting the transfers,that is,in sending the petitioner to Tirurangadi and taking back the third respondent to Tirur,where he had already been working for a considerable length of time -for more than three years,the second respondent has gone against the guidelines which the Government themselves have fixed in the matter of transfer.It is contended that the action is against the terms and spirit of the norms laid down as evidenced by Ext.P -1,which is a copy of the G.O.dated 18th May,1977 as amended by another Government Proceedings of 4th March,1979.The petitioner's short case is that having laid down the general principles of transfers in a formal Government Order,the State of Kerala and the Director of Health Services cannot violate the same unless for specified reasons,and to order transfers according to their whims and fancies.The petitioner would contend that it is a case of victimisation.According to him,he had served in Tirur only for nine months.Therefore,transfer of the third respondent to Tirur where he had already -worked for more than three years and who had entered on leave,when he was transferred from Tirur is really arbitrary and violative of Art.14 and 16 of the Constitution.No doubt,for administrative exigencies,he may be transferred.But here the impugned orders have been passed on extraneous ground.They have not been passed in public interest considerations which are relevant have not been kept in view while irrelevant considerations have obviously weighed with respondents 1 and 2 in passing the impugned orders.

(3.) BEFORE going into the counter affidavit filed by the respondents,I might here point out that along with the O.P .,the petitioner has sought for an interim direction to permit him to continue to work in the Government Hospital,Tirur and to stay the operation of the order of transfer and posting the third respondent back to the Government Hospital,Tirur.Notice was ordered to the respondents in the application for the stay.But,subsequently it appears the petitioner received a further order on 4th June,1931 by which he stood transferred from the Government Hospital,Tirurangadi to District T.B.Centre,Manjeri.When he went to Tirurangadi Hospital to attend duty,it is said that in his absence Dr.N.Yunus had come and taken charge there.This resulted the petitioner filing an application for interim direction to permit him to work either in the Government Hospital,Tirur or in the Government Hospital,Tirurangadi.This petition was filed on 10th June.The court ordered notice returnable in ten days.The petitioner also filed an application for amendment of the O.P.impleading Dr.Yunus as the 4th respondent.It is pointed out therein that Doctors who were able to bring pressure to bear on the Government are accommodated in places of their choice while persons like the petitioner are being victimised in gross violation of the norms laid down by the Government itself.It is submitted that Exts.P -6 and P -7 orders are vitiated by mala fides and sought also to quash those orders.Subsequently,the petitioner filed another petition stating that sanction has been obtained for the creation of additional post of an Assistant Medical Officer on Rs.700 -1270.It is pointed out therein that there is no legal bar in the third respondent being retained against the said post if the Government is so desirous of to do it on compassionate ground.