IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29725 of 2011(M) -------------------------- PETITIONER: ----------- RAMANI, 50 YEARS, W/O.NARAYANAN KUTTY, NURSING SUPERINTENDENT GRADE II, NOW UNDER ORDERS OF POSTING TO PERUMBAVOOR, RESIDING AT KARTHIKS, SREENARAYANA COLONY, KUNNATHUR MEDU POST, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER (H), PALAKKAD-678 001. 4. THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD-678 001. 5. SMT.PUSHPA SUDHAMANY, HEAD NURSE, TALUK HEAD QUARTERS HOSPITAL, OTTAPALAM.679 101. 6. SMT.K.KALLIANI, HEAD NURSE, TALUK HEAD QUARTERS HOSPITAL, PALAKKAD-678 001. 7. SMT.T.PARVATHY KUTTY, STAFF NURSE, PRIMARY HEALTH CENTRE, THRITHALA, PALAKKAD-679 534. R1 T0 R4 BY SR. GOVT. PLEADER SRI. E.M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 29725 of 2011(M) APPENDIX PETITIONER'S EXHIBITS EXT.P1- COPY OF THE REPRESENTATION OF THE PETITIONER TO THE THE 2ND RESPONDENT DATED 20.7.2011. EXT.P2- COPY OF GO(RT)3868/2011/H&FWD DATED 4.11.2011. EXT.P3- COPY OF ORDER NO.A2/6553/2011 DATED 5.11.11 OF 4TH RESPONDENT. EXT.P4- COPY OF THE REPRESENTATION DATED 5.11.2011 OF THE PETITIONER. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 29725 OF 2011 ----------------------------------------------------------- Dated this the 9th November, 2011. JUDGMENT The petitioner has filed this writ petition challenging Ext.P2 order of promotion and transfer by which, she has been transferred from Palakkad to Ernakulam. The petitioner has been promoted as a Nursing Superintendent Gr.II and posted to Perumbavoor. According to the petitioner she is one of the seniormost nurses in Palakkad district. She has been moved out of the district while many of her juniors have been retained and accommodated at Palakkad itself. They have been impleaded as respondents 5 to 7 in the writ petition. The petitioner therefore complains that she has been discriminated against, ignoring her seniority. The petitioner has filed Ext.P4 appeal, which is pending consideration of the first respondent. She also complains that the appeal has not been considered yet by the authority. 2. I have heard the learned Govt. Pleader also. 3. A reading of Ext.P2 shows that the same is not an order of general transfer but an order of promotion. Consequent to her promotion the petitioner and similar others have been posted to WPC 29725/2011 2 various places. Posting of employees on promotion are not made on the basis of seniority but on considerations of suitability and availability of vacant posts. The question as to why one person has been posted to a particular place in preference to the other, is not to be scrutinized by this Court in judicial review. It is to be noticed that the petitioner has no complaint regarding the promotion granted, but objects only the transfer from Palakkad to Ernakulam. The question of granting a suitable posting to the petitioner is certainly a matter to be considered by the authority as and when vacancies arise. Since the petitioner has already submitted Ext.P4 which is pending consideration of the first respondent, it is sufficient that the same is directed to be considered in accordance with law. 4. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 29725/2011 3