SAJI REDOLF PHARMACIST Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant preferred the writ petition challenging the transfer of the 4threspondent as Pharmacist in Kollam District contending that the same was done overlooking the claim of the appellant/petitioner, who was senior to the 4threspondent. According to the appellant, when he sought for transfer to Kollam, the same was declined on the ground that there is no vacancy. It was subsequently that the 4threspondent was transferred. Thus it could be seenthat the reasonfor rejecting the claim for transfer itself is proved to be wrong since admittedly a vacancy arose in Kollam District.If so, necessarily, the claim of the petitioner should have been considered and the rightful claimant should have been accommodated. Admittedly, the appellant is senior to the 4threspondent as per the seniority list. However, whether there is any compassionate ground to overlook the seniority and to accommodate the 4threspondent is a matter which obviously has not got the attention of the authorities before ordering the transfer. According to the appellant, he has also some compassionate grounds justifying his transfer to Kollam District.THE rival claims of the appellant as well as that of the 4th respondent shall be considered and appropriate orders shall be passed, expeditiously, within a period of two months from the dateof representationin thisbehalf from theappellant.Before passing orders, the 4threspondent and the appellant be heard in the matter. With the above modification, the writ appeal is disposed of.