Kerala Administrative Tribunal (KAT) on Thursday stayed the controversial transfer of Dr K J Reena as Director of Health Services (DHS) for two weeks. 

The KAT order found "prima facie sustainable" Dr Reena's contention that her transfer violated Kerala Health Services (Medical Officers) Special Rules, 2010. As for Dr Reena's two other contentions - that it was not issued by a competent authority and that it was a "colourable" exercise of authority - the KAT said these "require further examination".

The order transferring Dr Reena as Director, Regional Public Health Laboratory, Ernakulam, was issued on June 12. Two reasons were cited. One, she has completed three years as the DHS, and the selection process for the appointment of a regular DHS is under consideration by the government. The KAT order, however, states that there is nothing to show that the process for selecting a new DHS has been set in motion.

Two, Dr Reena had gone for a 15-days leave at a time when multiple disease outbreaks were reported in Kerala. 

However, a revised transfer order on June 17 edited out the second reason. Dr Reena made it clear that she had sought leave for just two days.

Health minister K Muraleedharan also said that Dr Reena was transferred not for taking leave but for her refusal to cooperate with the government. 

The minister said that Dr Reena, without consulting with the government, had told the Devaswom Commissioner of the difficulties of posting doctors from the Health Service for Sabarimala duties. Nonetheless, this was not stated in the transfer order.

Separately, speaking to the media in Thrissur on Thursday, the minister said that officials who fail to implement government decisions cannot remain in their positions. "One thing is clear. Officials who do not obey the government will not remain in that position as long as I am sitting in this chair. I will not retain anyone who engages in sabotage. Quick decisions will continue to be taken whenever necessary," he said.

Originally, Dr Reena was appointed for two years in 2023. Thereafter, a government order on August 20, 2025, extended her tenure by one year. And, according to Dr Reena, her term ended only on August 19, 2026. Therefore, the transfer order was premature. 

Rule 6 of the Kerala Health Services (Medical Officers) Special Rules, 2010 states that option for placement once exercised will be final. "The applicant had exercised option for placement in the Administrative branch of the service and the present order is transferring her to the post of Director, Regional Public Health Laboratory, Ernakulam, which is not in the administrative branch of the service," Dr Reena's lawyer argued before the KAT.

The KAT found this prima facie sustainable.

In turn, it was argued that the government, in public interest, could transfer the employee after protecting the pay and status of the post. In this case, Dr Reena was transferred as Director, after upgrading the post of senior consultant and her pay has been protected.

Further, it was also contended that even a qualified and competent officer could be transferred if he or she is found unsuitable for the post. 

Dr Reena's lawyer countered this by saying that the government was digging up new arguments that were not part of the transfer order to bolster the government's "illegal transfer order".