- (1.) Heard the learned Counsel for the petitioner as well as the State. Learned Counsel for the State submitted that in view of the proposed order, the filing of the counter-affidavit is not necessary, therefore, we proceeded to decide the matter finally with the consent of the parties' counsel.
(2.) This petition has been filed by the Association namely; Provisional Medical Service's Association, challenging the clarification issued by the State Government and communicated to the Director General, Medical and Health Services vide letter dated 17th December, 2004 saying that in response to the letter of the Director General, Medical and Health Services dated 12.8.2004 it has been directed to inform that in the matter of posting of the Medical Officer except for the tenure of stay at a particular place, the rest of the transfer policy as enunciated in the Government order dated 3.6.2004 shall be complied with. However, paragraph 10 of the aforesaid Government order dated 3.6.2004 can only be followed in case prior permission of the High Court is obtained, and therefore, if the Association so wishes may itself move to the High Court for seeking aforesaid desired relief.
(3.) It is in this background, the present petition has been filed by the Association challenging the said stand of the Government with respect to the implementation of paragraph 10 of the transfer policy. Paragraph 10 of the transfer policy dated 3.6.2004 provides that the office bearers of the Service Association may not be transferred within a period of two years from the date on which they assumed their respective offices.;