Allowed

Shyju Cherian v. State of Kerala

Kerala HC29 Jul 2010WA/1250/2010

Case brief

AI extract

What is this about?

This court allowed the writ appeal in a service matter involving a pharmacist. The third respondent offered to post the appellant to Ezhumattur or consider transfer to his lien district upon vacancy. The court directed the department to implement the offer within two weeks and ensure future transfer applications are handled legally.

What did the court decide?

The third respondent ordered to post appellant as Pharmacist in Community Health Centre, Ezhumattur after producing judgment copy within two weeks. Future transfer applications to Pathanamthitta distr

Shyju Cherian Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WA.No. 1250 of 2010 ----------------------AGAINST THE JUDGEMENT IN WPC.20405/2010 Dated 09/07/2010 ....................

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APPELLANT/PETITIONER

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SHYJU CHERIAN, S/O.CHERIAN CHACKO, VALIYA PARAMBIL, MUNDIAPALLY P.O., THIRUVALLA (PHARMACIST UNDER DISTRICT MEDICAL OFFICER (HEALTH), PATHANAMTHITTA).

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BY ADV. SRI.S.SUBHASH CHAND

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RESPONDENTS/RESPONDENTS:

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STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE (H), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

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DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-1.

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DISTRICT MEDICAL OFFICER OF HEALTH, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, PATHANAMTHITTA- 679 521.

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BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVASIS.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J.Chelameswar, C.J. & P.N.Ravindran, J.

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W.A. No.1250 of 2010

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-----------------------------------------Dated this the 29^th day of July, 2010

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JUDGMENT

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Ravindran, J.

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The appellant is the petitioner in W.P.(C) No.20405 of 2010. The writ petition was filed challenging Ext.P19 order passed by the District Medical Officer, Pathanamthitta transferring and posting the appellant to Primary Health Centre, Malayalapuzha. By the judgment under appeal, the learned single Judge dismissed the writ petition. Hence this writ appeal.

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Pursuant to the direction issued by this Court, a statement dated 26^th July, 2010 has been filed on behalf of the third respondent. Paragraph 7 of the said statement reads as follows:

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“It is submitted that one Smt.Sony P.Jacob, Pharmacist appointed at Community Health, Centre, Ezhumattur is now on working arrangement in Kottayam District. The above working arrangement has been permitted considering the fact that Smt.Sony P.Jacob is a physically handicapped person. The above post, it is submitted, remains unoccupied, though the lien of

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W.A.No.1250 of 2010

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Smt.Sony P.Jacob is retained at Ezhumattur. The appellant if willing, can be posted at the above station on a stop gap arrangement while retaining his lien at Malayalapuzha. The above Primary Health Centre is only at a distance of 12 KM from Thiruvalla. It is also submitted that as directed by this Hon'ble Court as and when vacancies arise in the district and if the appellant puts in an application for appointment against those vacancies, the same shall be considered and appropriate orders would be issued.”

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It is evident from the statement filed by the third

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respondent that a vacancy of Pharmacist exists at Community Health Centre, Ezhumattur for the reason that the incumbent Smt.Sony P.Jacob, a person with physical disability, is working in Kottayam District on work arrangement basis. The third respondent has also stated that if the appellant is willing he can be posted as Pharmacist in the Community Health Centre, Ezhumattur. It is also stated that as and when any vacancy of Pharmacist arises in Pathanamthitta District and the appellant makes an application seeking transfer, such application will be considered and appropriate orders passed.

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On going through the pleadings and after hearing the

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W.A.No.1250 of 2010

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submissions made at the Bar, we are of the opinion that the grievance of the appellant stands redressed by the offer made by the third respondent to post him as Pharmacist in Community Health Centre, Ezhumattur. In such circumstances, we direct the third respondent to issue orders posting the appellant as Pharmacist in the Community Health Centre, Ezhumattur. Necessary steps in that regard shall be taken within a period of two weeks from the date on which the appellant produces a copy of this judgment before the third respondent. We also direct that as and when a vacancy arises in Pathanamthitta District to which the appellant aspires for transfer, it will be open to him to apply for transfer and such application shall be considered and a decision taken thereon in accordance with law by the third respondent.

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The writ appeal is disposed of as above.

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J.Chelameswar, Chief Justice

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P.N.Ravindran,

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Judge

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vns

Shyju Cherian v. State of Kerala

Case brief

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Shyju Cherian v. State of Kerala

Case brief

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