Dr. Hareesh S., Assistant Surgeon vs The Director of Health Services, The District Medical Officer of Health and The Medical Officer, Community Health

S. Siri Jagan, J.—The petitioner was transferred to the Community Health Centre, Panamaram, on 25.6.2010. Within another two months, the petitioner has now been transferred to the Community Health Centre, Pulpally, Wayanad, by Ext.P1 order dated 2.8.2010. According to the petitioner, immediately on transfer to Panamaram, he shifted his family and, his wife is in advanced stage of pregnancy. As such, presently, if the petitioner is again transferred, he would be put to untold sufferings and misery. He has another contention that the person transferred to Pulpally along with the petitioner by Ext.P1 order itself has subsequently been given another transfer by Ext.P3 order, which would go to show that the transfers are not in administrative exigencies. Detailing the petitioner''s grievances, the petitioner has filed Ext.P2 representation before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P2 expeditiously.

I have heard the learned Government Pleader also.

In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P2. The petitioner shall appear before the 2nd respondent on 23.9.2010, on which date, the Director shall hear the petitioner. If that date is not convenient to the Director, he shall assign another date convenient to him within three days therefrom, on which date, the Director shall hear the petitioner. That changed date shall be informed to the petitioner on 23.9.2010 itself. Orders shall be thereafter passed within another week. While considering the representation of the petitioner, the personal difficulties of the petitioner as well as the contentions on the basis of Ext.P3 order of transfer of other person transferred along with the petitioner by Ext.P1, shall also be considered appropriately.