IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33698 of 2011(J) -------------------------- PETITIONER: ------------------ K.S.SWARNAKUMARI, HEAD NURSE, GENERAL HOSPITAL, THALASSERY, KANNUR-670 101. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR-670 001. R1, R2 AND R3 BY GOVERNMENT PLEADER SHRI SHAIJ RAJ TR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SKV WP(C).No. 33698 of 2011(J) --------------------------------------- APPENDIX PETITIONER'S EXHIBITXS: P1: COPY OF THE ORDER DATED 25.11.2011 P2: COPY OF THE SENIORITY LIST PUBLISHED ALONG WITH ORDER DATED 19.11.2011 P3: COPY OF THE REPRESENTATION DATED 22.11.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT P4: COPY OF THE REPRESENTATION DATED 29.11.2011 BEFORE THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE SKV K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 33698 OF 2011 ----------------------------------------------------------- Dated this the 16th December, 2011. JUDGMENT The petitioner is a nurse presently working in the Kannur District Hospital. She was promoted as Head Nurse by Ext.P1 order and was posted to the General Hospital, Thalasserry. Her complaint is that she has been transferred while retaining many of her juniors at Kannur itself. She therefore stakes a superior claim on the basis of her seniority to be retained at Kannur. Though she has filed Ext.P4 representation which is pending before the second respondent, no orders have been passed thereon till date, it is complained. 2. I have heard the learned Govt. Pleader also. 3. Since Ext.P1 is an order of promotion on the basis of which the petitioner has been posted to Thalasserry, it cannot be characterised as a transfer in the routine course. The petitioner is also not entitled to claim that she has a superior right to be retained at Kannur on such promotion. However, since Ext.P4 request for a compassionate posting is pending consideration of the second respondent, this writ petition can be disposed of WPC 33698/2011 2 directing the said authority to consider the petitioner's representation. 4. This writ petition is accordingly disposed of directing the second respondent to consider the representation of the petitioner evidenced herein by Ext.P4 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 33698/2011 3