IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 24889 of 2008(K) -------------------------- PETITIONER ---------------- SARAMMA, PAYWARD KEEPER, K.H.R.W.S. DELUXE PAYWARDS, DISTRICT HOSPITAL, KOLLAM. BY ADV. SRI.M.R.RAJESH SMT.C.G.PREETHA RESPONDENTS ----------------- 1. KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS), REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA HEALTH RESEARCH AND WELFARE SOCIETY (KHRWS), THIRUVANANTHAPURAM. 3. REGIONAL ENGINEER, KHRWS, DISTRICT HOSPITAL CAMPUS, KOLLAM. SRI.M.AJAY,SC, KHRWS FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.24889/08 EXT.P1: TRUE COPY OF PROCEEDINGS OF THE 2ND RESPONDENT NO.B1/2477/04 DATED 31.8.04. EXT.P2: TRUE COPY OF PROCEEDINGS NO.A6.1114/08/ KHRWS(1) DT.24.6.08. EXT.P3: TRUE COPY OF PROCEEDINGS NO.REK/1/08/ KHRWS DT.2.8.08 OF THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF ORDER NO.A6/2116/KHRWS/08 DT.8.8.08. EXT.P5: TRUE COPY OF ORDER NO.2/REK/ KHRWS/08 DT.11.8.08 OF THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF DISCHARGE SUMMARY CARD DATED 10.11.07 ISSUED FROM THE S.N.TRUST MEDICAL MISSION HOSPITAL, KOLLAM(SANKAR'S HOSPITAL). EXT.P7: TRUE COPY OF MEDICAL CERTIFICATE ISSUED FROM THE UPASANA HOSPITAL, KOLLAM DT.28.4.08. EXT.P8: TRUE COPY OF STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE NO.1568/08 DATED 8.8.08. EXT.P9: TRUE COPY OF REPRESENTATION DT.9.7.07 OF THE PETITONER TO THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF REPRESENTATION DT.29.4.08 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P11: TRUE COPY OF REPRESENTATION DT.12.8.08 OF THE PETITONER TO THE 2ND RESPONDENT. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24889 Of 2008 ----------------------------------------------------- DATED THIS THE 21st DAY OF DECEMBER, 2010 J U D G M E N T The petitioner filed this Writ Petition challenging Exhibit P4 order of transfer, transferring her to Taluk Hospital, Mavelikkara. She had been working as Technician(Pay Ward Assistant) on working arrangement at Kollam. 2. This Court, in the interim order dated 21.8.2008 directed the Standing Counsel to ascertain and submit whether vacancies as stated by the petitioner in the Writ Petition are existing and also whether the petitioner can be accommodated in any one of such vacancies. 3. Thereafter, on 3.9.2009, this Court passed an interim order directing the respondents to provisionally give a posting to the petitioner as Pay Ward Keeper in KHRWS Pay Ward at District Hospital, Kollam. It was made clear that if the respondents have any administrative difficulty in giving the petitioner such a provisional posting for the reason that persons in the lower categories have to be promoted, they may move the Court for variation of the order. W.P.(C)No.24889/08 -2- 4. The learned Standing Counsel for the KHRWS submitted that the petitioner had been accommodated in Kollam and had been working there throughout. 5. In that view of the matter, Exhibit P4 order transferring the petitioner to Mavelikkara will not survive. Therefore, the said order is set aside and the petitioner will be allowed to continue at Kollam in terms of the arrangement made as per the interim order, especially since she has been working in the post three years at Kollam. Any action for transfer can be taken only in terms of the guidelines for transfer and other instructions, if any. The Writ Petition is allowed as above. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn