IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 17414 of 2010(B) -------------------------- PETITIONER(S): --------------- DR.E.K.ASHA,AGED 34 YEARS,W/O.ANIL.K.G, ASSISTANT SURGEON,DISTRICT HOSPITAL,KANHANGAD, RESIDING AT 'LAKSHMI',KANHANGAD SOUTH, KANHANGAD,KASARAGOD DISTRICT. BY ADV. SRI.A.DINESH RAO RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. KERALA STATE COMMISSIONER FOR PERSONS WITH DISABILITY,SECRETARIAT, THIRUVANANTHAPURAM. ADVOCATE GENERAL SRI. C.P. SUDHAKARA PRASAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.17414 OF 2010 (B) -------------------------------------------------- Dated this the 7th day of June, 2010 J U D G M E N T Petitioner is an Assistant Surgeon working in the District Hospital, Kanhangad. She is a physically handicapped person with 50% permanent disability. By Ext.P7(a) she has been ordered to be transferred to Kasaragod District Hospital. Relying on Ext.P3 guidelines petitioner submits that she is entitled to be retained at Kanhangad. 2. Although the learned counsel for the petitioner contends that there are vacancies at Kanhangad, it is disputed by the learned Advocate General appearing for the respondents. 3. Still having regard to the fact that the petitioner is a person with 50% disability, I feel that the matter needs to be considered by the first respondent. Therefore, the writ petition is disposed of leaving it open to the petitioner to file a representation to the first respondent seeking her retention at Kanhangad itself. It is directed that, if such a representation is filed within ten days from today, that will be considered by the first respondent as expeditiously as possible WPC.No. 17414/2010 :2 : and that until orders are passed, petitioner will be retained at District Hospital, Kanjangad. Petitioner shall produce a copy of the judgment along with a copy of this writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/