IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WA.No. 1037 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18205/2010 .................... APPELLANT/PETITIONER ------------------------ DR.AMITA J DAS, MBBS, MS, DGO, AGED 35 YEARS, W/O.P.S.KANNAN, JUNIOR MEDICAL CONSULTANT, OBSTETRICS AND GYNECOLOGY DEPARTMENT, TALUK HEAD QUARTERS, ALATHUR, PALAKKAD, RESIDING AT "MANIKKOODARAM", NEAR GOVT.HOSPITAL, CHALAKKUDY. BY ADV. SRI.R.RANJITH SRI.V.V.RAJA SRI.M.T.SURESH KUMAR RESPONDENTS/RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM 3. THE DISTRICT MEDICAL OFFICER (HEALTH), TRISSUR. 4. THE DISTRICT MEDICAL OFFICER (HEALTH), PALAKKAD. 5. DR.VINEETHA, JUNIOR MEDICAL CONSULTANT, TALUK HEAD QUARTERS HOSPITAL, CHALAKKUDY. R1 TO R4 BY G.P. SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1037 of 2010 .................................................................... Dated this the 22nd day of June, 2010. JUDGMENT Ramachandran Nair, J. The appellant is a Doctor on maternity leave. During the period of leave she was transferred from Chalakudy to Alathur where she joined. However, transfer is again effected from Alathur to Pattambi which was under challenge before the learned Single Judge. The learned Single Judge taking note of the fact that the appellant is on leave, directed the appellant to file a representation to the Director of Health Services to consider posting at a place more suitable to her. It is against this judgment appeal is filed. Government Pleader submitted that the transfers have been effected taking into account seniority and claims of all the Doctors and the same is also done in pursuance of the direction issued by this court. Even though counsel for the appellant submitted that appellant should be posted at Chalakudy, Irinjalakuda or atleast Alathur, we do not think it is possible for this court to consider her claim without reference to the claims of other Doctors serving in W.A. 1037/2010 2 these Hospitals or being posted there. We feel since appellant is on leave, she should be allowed to enjoy the whole leave period treating her as a Doctor in the roles of the Hospital to which she is transferred i.e. Pattambi. Appellant will be free to make a representation to the Director of Health Services suggesting places suitable to her in terms of preference and if any such representation is made, the Director of Health Services will consider the same and if possible, appellant will be shifted from Pattambi to such other Hospital after making alternate arrangement in Pattambi. The Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms