IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36848 of 2008(J) -------------------------- PETITIONER(S): --------------- ANNAMMA DANIEL PUBLIC HEALTH NURSE (LADY HEALTH SUPERVISOR) PRIMARY HEALTH CENTRE, IRIKKUR, KANNUR, R/AT.VALIAVEETTIL HOUSE MANNARAMALA, PATHANAMTHITTA. BY ADV. SRI.SEBASTIAN PHILIP RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC HEALTH, DIRECTORATE OF HEALTH SERVICE TRIVANDRUM 2. DISTRICT MEDICAL OFFICER(H) DISTRICT MEDICAL OFFICE, KANNUR. 3. DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICE, PATHANAMTHITTA. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36848 of 2008 ====================================== Dated this the 15th day of December 2008 JUDGMENT Heard Sri.Sebastian Philip, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner entered service as Junior Public Health Nurse in the year 1988 in Kannur District. She is presently working as Lady Health Inspector (re-designated as Public Health Nurse). The petitioner belongs to Pathanamthitta District. Ever since her entry in service, she is working in Kannur District. The petitioner submits that seeking transfer and posting to her native district, she has submitted Ext.P4 representation dated 8.7.2008 and Ext.P6 representation dated 18.10.2008 before the Director of Health Services. The petitioner submits with reference to Ext.P7 that four vacancies of Lady Health Inspector exists in the Pathanamthitta District. The learned counsel for the petitioner submits that besides the vacancy referred to in Ext.P7, yet another vacancy of Lady Health Inspector has arisen on 30.11.2008 in the Public Health Centre at Mekkazhoor in Pathanamthitta District. In this Writ Petition, the petitioner inter alia prays for a direction to the Director of Health Services to transfer and post her in the post of Lady Health Inspector in the vacancies referred to in Ext.P7 or in the vacancy that arose in the Public Health Centre, Mekkazhoor on 30.11.2008. W.P.(C)No.36848 of 2008 2 3. The pleadings and the materials on record discloses that for the past 20 years, the petitioner has working in Kannur District. Her grievance is that notwithstanding repeated requests, she has not been transferred to her home district. She submits that she will retire from service in another 4 years on attaining the age of superannuation and that as vacancies are now available, it is only just and proper that her claim for transfer to Pathanamthitta District is considered sympathetically. 4. The question whether the petitioner can be accommodated in the vacancies referred to in Ext.P7 or in the vacancy at the Primary Health Centre at Mekkazhoor, is primarily a matter for the Director of Health Services to decide. Ext.P4 discloses that the request made by the petitioner has been forwarded by the Medical Officer of the Primary Health Centre at Irikkur to the Director of Health Services. Ext.P4 representation was submitted on 8.7.2008 and Ext.P6 representation was submitted on 18.10.2008. The petitioner has in the said representations set out the reasons why she requires a transfer to her home district. In these circumstances, as vacancies of Lady Health Inspector exist in Pathanamthitta District, the Director of Health Services is bound to consider the request made by the petitioner in Exts.P4 and P6 and take a decision thereon. 5. Having regard to the fact set out above, I dispose of the Writ Petition with a direction to the Director of Health Services to consider W.P.(C)No.36848 of 2008 3 the request made by the petitioner in Exts.P4 and P6 representations and take a decision thereon, expeditiously and in any event before the vacancies referred to in Ext.P7 and the vacancy in the Primary Health Centre at Mekkazhoor which arose on 30.11.2008 are filled up. P.N.RAVINDRAN, JUDGE css/