IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 18138 of 2009(J) -------------------------- PETITIONER(S): --------------- GIRIJAMANI M. W/O JAYAKUMAR L. AGED 44 YEARS KALLUKKUNNIL VEEDU, THUVAYOOR NORTH, NELLIMUKAL P.O., ERATHU VILLAGE, PATHANAMTHITTA 691 551 PRESENTLY WORKING AS JUNIOR PUBLIC- HEALTH NURSE GRADE I, COMMUNITY HEALTH CENTRE, NEDUVA, MALAPPURAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TVM. 2. DIRECTOR OF HEALTH SERVICE, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM 3. ADDITIONAL DIRECTOR OF HEALTH SERVICE, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER, MALAPPURAM. GOVERNMENT PLEADER ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18138/2009 -------------------- Dated this the 16th day of September, 2009 JUDGMENT Petitioner is a Junior Public Health Nurse Grade-I. She is a native of Pathanamthitta District. But she was recruited in Malappuram District and has been continuing there since 1993. 2. Petitioner entered into an intercaste marriage. Ext.P2 series of Government Orders are referred, to contend that intercaste married couple are entitled to preference in inter district transfers. 3. Petitioner's request for inter district transfer from Malappuram to Pathanamthitta was considered, but not accepted as evidenced by Ext.P6 order. This is under challenge in the writ petition. 4. A counter affidavit has been filed by the respondents. It is firstly contended that the Government Orders which provide for a preferential right for intercaste married couple, for inter W.P.(C).18138/09 2 district transfers would also require the claimant to be an offspring of parents of whom one is scheduled caste. It is secondly contended that going by the list of persons who otherwise are eligible for inter district transfer, petitioner is rank No.7. There are only four vacancies during the current year and therefore, the petitioner could not be accommodated. 5. In so far as the first contention raised by the respondents is concerned, I am of the view that all that is required for a person to claim the privilege relatable to intercaste marriage is that his/her marriage should have been with a person belonging to another caste. That is satisfied in the present case. Petitioner is entitled to be treated as eligible for inter district transfer on the ground that she has entered into an intercaste marriage. 6. But only 10% vacancies which arise during an year can be filled up on inter district transfer. If the petitioner is treated as one who has contracted an intercaste marriage and her eligibility in this regard has been found, then she will now W.P.(C).18138/09 3 be entitled to be posted against a vacancy in Pathanamthitta District. She will be the 3rd against the vacancy that may arise in Pathanamthitta. This is considering the fact that she was 7th in the rank list and four vacancies have already been filled up. Accordingly, 2nd respondent shall treat the petitioner as an employee who has entered into an intercaste marriage and shall consider the case of the petitioner for an inter district transfer and a posting in Pathanamthitta District. Petitioner shall be included in the appropriate list of persons found eligible for an inter district transfer and posting in Pathanamthitta District as Junior Public Health Nurse Grade-I and shall be accordingly considered against the vacancy which are either existing or which may arise in future including the ensuing year. Writ petition is disposed of as above. V.GIRI, Judge mrcs