IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 22241 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ S.K.BHUVANESWARI, OPHTHALMIC ASSISTANT,PRIMARY HEALTH CENTRE, PULLUVILA,THIRUVANANTHAPURAM DISTRICT. BY MR.KRB.KAIMAL, SENIOR ADVOCATE, MR.B.UNNIKRISHNA KAIMAL, MR.V.MADHUSUDHANAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESEMTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE,PULLUVILA, THIRUVANANTHAPURAM DISTRICT. 4. SMT.R.GEETHAKUMARI, OPHTHALMIC ASSISTANT,PRIMARY HEALTH CENTRE, VECHOOCHIRA,PATHANAMTHITTA DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R4 BY MR.M.M.ABDUL AZIZ, SENIOR ADVOCATE, MR.M.A.ABDUL HAKHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22241/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.EF 4-26644/09/DHS DTD.1/08/2009 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE ORDER NO.EF 4-29450/2005/DHS DTD. 5/05/2005 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE APPLICATION DTD.20/02/2009 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P4: COPY OF THE ORDER NO.EF 4-26644/09/DHS DTD. 20/05/2009 ISSUED BY THE 2ND RESPONDENT TOGETHER WITH THE LIST ANNEXED THERETO. P5: COPY OF THE REPRESENTATION DTD. 21/05/2009 SUBMITTED BY THE PETITIONER TOTHE 2ND RESPONDENT. P6: COPY OF THE ORDER G.O.(P) NO.12/04/P&ARD DTD. 10/09/2004 ISSUED BY THE 1ST RESPONDENT. P7: COPY OF THE ORDER G.O.(RT) NO.504/2005/H&FWD DTD.21/02/2005 ISSUED BY THE 1ST RESPONDENT. P8: COPY OF THE GOVT.CIRCULAR NO.3180/AR 13(2)/07/P&ARD DTD. 26/04/2007. P9: COPY OF THE LETTER DTD. 10/09/2009 OF THE MEDICAL OFFICER (IN -CHARGE), COMMUNITY HEALTH CENTRE, VELLARADA ADDRESSED TO THE PETITIONER. P10: COPY OF THE REPRESENTATION DTD. 7/09/2009 SUBMITTED BY THE APPLICANT TO THE ADDITIONAL DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V. GIRI, J. `````````````````````````````````````````````````` W.P.(C) No. 22241 of 2009 A `````````````````````````````````````````````````` Dated this the 6th day of October, 2009 J U D G M E N T Petitioner, an Ophthalmic Assistant in the Health Services Department, is currently stationed at the Primary Health Centre, Pulluvila, Thiruvananthapuram district, wherein she has been continuing since 17-10-2008. By Ext.P1 order, the petitioner is seen transferred to the Primary Health Centre at Purapuzha in Idukki district and the 4th respondent, working at Primary Health Centre, Vechoochira in Pathanamthitta district, is transferred to the post in the place of the petitioner. It is submitted on behalf of the 4th respondent that she has more than four years out station service and it as at her request that the 4th respondent has been posted at Pulluvila. 2. This Court by an interim order dated 05-08-2009 had stayed Ext.P1 in so far as the petitioner is concerned, provided the petitioner had not been relieved from Pulluvila on the date of the order. 3. In the meanwhile, a vacancy arose at the Primary WPC.22241/09 : 2 : Health Centre at Vellarada on 28-08-2009. This Court had even at the time of passing the interim order on 05-08-2009 required the official respondent to consider whether the petitioner can be accommodated in any other station in Thiruvananthapuram district or Kollam district. Notwithstanding this, it is contended that the 2nd respondent had filled up the vacancy of Ophthalmic Assistant which arose at the Primary Health Centre at Vellarada on 28-08- 2009. 4. Learned counsel for the petitioner submits that two vacancies are now due to arise at Poonthura and General Hospital at Thiruvananthapuram and the petitioner may be considered against one of those vacancies. 5. I heard learned counsel on both sides. The transfer effected under Ext.P1, in so far as the petitioner is concerned, is after acknowledging the longer out station service of the 4th respondent. There are no grounds to interfere with the said transfer. But, the petitioner shall be considered against the vacancies in Ophthalmic Assistant, which is now stated to arise in Poonthura and the General Hospital, Thiruvananthapuram and if WPC.22241/09 : 3 : there is no other person senior to the petitioner from among the non-optees to the Medical Education Department, the petitioner shall be accommodated against one of such vacancies. If any other vacancies arise in Thiruvananthapuram or Kollam district and if the petitioner brings it to the notice of the Director of Health Services, she shall be considered against such vacancies. The interim order dated 05-08-2009 shall stand vacated. The writ petition is disposed of as above. (V.GIRI, JUDGE) aks