SIVARAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in this Writ Petition is whether a Writ Petition under Article 226 could be maintained to quash an order of transfer on the ground that it is not fully in consonance with the guidelines for transfer. G.O.(P) No. 12/04/P&ARD dated 10-9-2004 (Ext.P5) issued by the Government contains the guidelines for "Minimum Tenure Policy for Government Employees of the State". Ext.P2 dated 21-2-2005, issued by the Health and Family Welfare Department, contains the guidelines for the transfer of employees in the Health and Family Welfare Department including doctors. The contention of the petitioner is that Ext.P6 order of transfer is violative of Exts. P2 and P5 guidelines.

(2.) The petitioner is working as Associate Professor, Department of Genito Urinary Surgery, in Medical College, Thiruvananthapuram. As per Ext.P6 order of transfer dated 14-5-2008, the petitioner was transferred and posted in Medical College, Kozhikode. As per the same order of transfer, the fifth respondent, Dr. S. Vasudevan, Associate Professor, Department of Genito Urinary Surgery, Medical College, Kozhikode, was transferred and posted as such in Medical College, Thiruvananthapuram. The sixth respondent, Dr. Venugopalan, is working as Associate Professor in Medical College, Thiruvananthapuram. It is stated in the Writ Petition that the sixth respondent is senior to the petitioner.

(3.) It is stated in the Writ Petition that the petitioner joined service as Tutor in Medical College on 1-2-1991. He was promoted as Assistant Professor on 24-4-1998 and posted in the Medical College, Calicut. He remained there in the same capacity up to 31-10-2003. (In the reply affidavit it is stated that the date shown as 31-10-2003 is a mistake and that the petitioner was working at Calicut from 244-1998 to 27-7-2000). The petitioner was promoted as Associate Professor on 25-8-2005 and was posted in Medical College, Thiruvananthapuram. It is stated that the petitioner has declared Thiruvananthapuram as his home station.