An Original Petition challenging the Kerala Administrative Tribunal's order in a medical officer transfer dispute was dismissed. The High Court found no ground to interfere with the Tribunal's decision to consider the petitioner's case for the next vacancy at Thiruvananthapuram.
The Original Petition before the High Court was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2012/14TH BHADRA 1934
OP(KAT).No. 2843 of 2012 (Z)
----------------------------------------[AGAINST THE ORDER DTD. 01/08/2012 IN O.A. NO.1412/2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM]
PETITIONER:
DR.SHIBU .S, AGED 34 YEARS, S/O. N.SUKUMARAN, ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, ARYAD, ALAPPUZHA, PIN-688 006,RESIDING AT MELEKALLUVILA, PAROTTUKONAM, NALANCHIRA P.O.,THIRUVANANTHAPURAM-695 015.
BY ADV. SRI.ANIL.P.V.
RESPONDENTS:
1. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.
2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001.
3. DR.ANOLD DEEPAK, ASSISTANT SURGEON, TALUK HOSPITAL, CHIRAYINKEEZHU, THIRUVANANTHAPURAM-PIN-695 304
4. DR.ANUSREE .S., ASSISTANT SURGEON, TALUK HOSPITAL, PUNALUR, KOLLAM-691 305.
5. DR.ABHILASH .S, ASSISTANT SURGEON, DISTRICT HOSPITAL, KOTTAYAM, PIN-686 001
O.P.(KAT).NO.2843/2012-Z:
6. DR.SUNIL, ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, PERUMKADAVILA, THIRUVANANTHAPURAM-695 124.
R1 & R2 BY GOVERNMENT PLEADER SRI. P.I. DAVIS.
THIS O.P (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 05-09-2012, THE COURT ON THE SAME DAY DELIVERED THE F OLLOWING:
O.P.(KAT).NO.2843/2012-Z:
APPENDIX
PETITIONERS' EXHIBITS:
| EXT.P.1: | COPY OF THE O.A. NO.1412/2012 FILED BY THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. |
|---|---|
| EXT.P.2: | COPY OF THE ORDER DTD. 13/07/2012 IN O.A. NO.1412/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. |
| EXT.P.3: | COPY OF THE REPRESENTATION DTD. 13/07/2012 SENT BY THE PETITIONER TO THE R.2. |
| EXT.P.4: | COPY OF THE RECEIPT NO.EL.364935494 IN ISSUED BY THE POST OFFICE. |
| EXT.P.5: | COPY OF THE TRCK RESULT FOR EL.364935494 IN ISSUED BY THE INDIAN POST. |
| EXT.P.6: | COPY OF THE APPLICATION SENT BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER OF THE R.2. |
| EXT.P.7: | COPY OF THE REPLY BY NO.332/2012 PHC P DTD. 28/07/2012 SENT BY THE PUBLIC INFORMATION OFFICER OF THE R.2. |
| EXT.P.8: | COPY OF THE ORDER NO. EA2-39096/12/DHS DTD. 20/07/2012 OF THE R.2. |
| EXT.P.9: | COPY OF THE ORDER PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.A. NO.1412/2012 DTD. 01/08/2012. |
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
MANJULA CHELLUR, Ag.C.J & A.M.SHAFFIQUE, J.
O.P(KAT).No. 2843 of 2012
Dated this the 5th day of September, 2012 JUDGMENT
Manjula Chellur, Ag.C.J.
Heard learned counsel for the petitioner as well as learned Government Pleader.
the ground of intercaste marriage of the petitioner. A representation dated 13.7.2012 was sent to the department and the same, according to the petitioner, was received or delivered on 16.7.2012, but according to the department, no such representation was made. But, however, there was proof available with the petitioner to show that in fact such representation was delivered on 16.7.2012.
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OP(KAT).2843/12
In that view of the matter, we cannot accept the contention of the petitioner that undue consideration was shown to 6th respondent ignoring his application delivered on 16.7.2012. However, Kerala Administrative Tribunal, having regard to the situation, especially the intercaste marriage contracted by the petitioner, has directed the respondents to consider the case of the petitioner to next arising vacancy at Thiruvananthapuram. We
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OP(KAT).2843/12
find no good ground to interfere with the order of Kerala
Administrative Tribunal.
Accordingly, the Original Petition is dismissed.
MANJULA CHELLUR, ACTING CHIEF JUSTICE
A.M.SHAFFIQUE,
JUDGE
vgs05.09
3 issues framed by the court
Whether the High Court should interfere with the Kerala Administrative Tribunal's order directing respondents to consider the petitioner's transfer case.
Whether undue consideration was shown to the 6th respondent by ignoring the petitioner's application for transfer.
Whether the Tribunal's order regarding the petitioner's intercaste marriage circumstances warrants judicial review.
Dr. Shibu .S
Secretary, Health and Family Welfare Department, Thiruvananthapuram
Director of Health Services, Thiruvananthapuram
Dr. Arnold Deeepak
Dr. Anusree .S.
Dr. Abhilash .S
Manjula Chellur
A.M. Shauffle
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
