Former DHS transfer row: Kerala HC sets aside interim stay

Kochi: The Kerala High Court set aside an interim order of the Kerala Administrative Tribunal (KAT) that had stayed the transfer of the Director of Health Services (DHS) to the Regional Public Health Laboratory in Ernakulam, providing significant relief to the newly elected UDF government. 

Medical Dialogues had previously reported that the Kerala government had issued a modified government order (GO), removing a controversial reference in an earlier order that stated the Director of Health Services (DHS) had availed 15 days of leave during the epidemic period. The remark had sparked widespread criticism and controversy.  

Also Read:Kerala Govt revises DHS transfer order amid leave controversy

According to the news reports, a division bench comprising Justices Anil K Narendran and S Muralee Krishna allowed the state government's petition challenging the tribunal's order, holding that KAT had erred in permitting the officer to continue as DHS after another official had already assumed charge of the post.

The bench observed that the newly appointed DHS had taken charge on June 13, while the tribunal's interim stay order was issued only on June 18. Since the transfer order had already been implemented and a successor had assumed office, the tribunal could not reverse the completed administrative action through an interim order.

“An order of interim stay sought in an original application is not intended to reverse the consequences of the implementation of an order under challenge when such implementation has already taken place even before the original application came up for admission before the Tribunal,” HC observed. While setting aside the interim stay on the DHS transfer, HC clarified that both parties would be at liberty to raise their contentions on the merits before KAT, as the court had considered only the limited challenge to the interim order, reports TOI.

The state government argued that the transfer of Dr K J Reena was made on administrative grounds. It is submitted that the officer had been serving at DHS on deputation and that the deputation tenure had expired in February 2026. Despite the expiry of the tenure, no further extension had been granted, and the officer continued in the post.

The transfer was challenged before the tribunal on the grounds that an officer serving in an administrative cadre could not be shifted to a speciality cadre through a mere executive order. 

The issue, however, has attracted considerable attention amid reports of administrative differences and allegations that the then DHS had undermined the functioning of the UDF-led state government.

Also Read:Kerala doctors protest government order extending duty hours