IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 17626 of 2009(W) --------------------------------------- PETITIONER: ------------------- SYAMALAKUMARI M.T., D/O. THANKAPPAN, AGED 40 YEARS, JUNIOR PUBLIC HEALTH NURSE(JPHN) GRADE-I, PRIMARY HEALTH CENTRE, THONDERNAD, WAYANAD DISTRICT, HAVING PARMANENT RESIDENCE AT MANIMURY PUTHUPARAMPIL HOUSE, KOTTAMURY P.O., THRICKODITHANAM, CHANGANACHERRY, KOTTAYAM. BY ADVS. MR.AYYAPPAN SANKAR, MR.G.SURARSHAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (FW), DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. AMBIKA E.K., PRIMARY HEALTH CENTRE, VETTILAPPARA, THRISSUR. 5. THE DISTRICT MEDICAL OFFICE, WAYANAD DISTRICT. 6. THE DISTRICT MEDICAL OFFICER, THRISSUR DISTRICT. R1 TO R3, R5 & R6 BY GOVERNMENT PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 17626 of 2009 -W ------------------------------ Dated this the 20th day of July, 2009. J U D G M E N T Heard Sri.Ayyappan Sankar, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for respondents 1 to 3, 5 and 6. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner was appointed as Junior Public Health Nurse Gr.II in Wynad District, in the year 1993. She belongs to Alappuzha District. During the time of general transfer for the year 2009 she submitted Ext.P1 application requesting for transfer to Alappuzha District. Though when Ext.P2 preliminary list was published, the Additional Director of Health Service had provisionally decided to transfer and post her in the Primary Health Centre at Chingoli, when Ext.P3 general transfer order was issued, the petitioner's name was not included therein. This writ petition is filed aggrieved by the non-consideration of the petitioner's request for transfer to Alappuzha District. The petitioner contends that the fourth respondent, who is junior to her and entered service in W.P(C) No. 17626 of 2009 -W 2 Thrissur District long after she entered service, has been transferred to Alappuzha District and that she has been discriminated against. 3. The learned Government Pleader appearing for the official respondents submits on instructions that the petitioner had left column 13 of Ext.P1 application blank, while the third respondent had given special reasons and that was the reason why the petitioner's request was not considered. He submits that if the petitioner is aggrieved by the non-consideration of her request for transfer she ought to have moved the Government instead of seeking the intervention of this Court. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Ext.P1 discloses that the petitioner had left column 13 of Ext.P1 application blank. In such circumstances, the decision taken by the third respondent cannot be faulted. Further if the petitioner is aggrieved by the non- consideration of her request for transfer, she ought to have moved the Government. The Government have the residuary power to consider her request and redress her grievance by giving a convenient posting. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate W.P(C) No. 17626 of 2009 -W 3 representation before the Secretary to Government, Health and Family Welfare Department along with a copy of this judgment, the Government shall consider the same and pass orders thereon taking note of the fact that for the past nearly 15 years the petitioner has been working in Wynad district. Final orders in the matter shall be passed within two months from the date on which the petitioner files the representation. The Government shall also afford the petitioner a reasonable opportunity of being heard before passing orders in the matter. It is clarified that the fourth respondent need not be disturbed in order to accommodate the petitioner. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab