IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WA.No. 2077 of 2008 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.20143/2008 Dated 23/09/2008 .................... APPELLANT: BINDU.K.S., OPHTHALMIC ASSISTANT-GR.-I, PRIMARY HEALTH CENTRE, KONNY. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: 1. STATE OF KERALA, REP. BY ITS SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SEREVICES HEALTH DIRECTORATE, THIRUVANANTHAPURAM. 3. ADDITIONAL DIRECTOR OF HEALTH SERVICES HEALTH DIRECTORATE, THIRUVANANTHAPURAM. 4. BINDHU.T.S., OPHTHALMIC ASSISTANT/ REFRACTIONIST, PRIMARY HEALTH CENTER, OCHIRA, KOLLAM. BY GOVT. PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.2077 of 2008 --------------------------------- JUDGMENT Koshy, J. The appellant/petitioner was working as an Opthalmic Assistant Grade-II. When she completed 3½ years of service at Primary Health Centre, Konni, she was transferred by Exhibit P3 to the Taluk Head Quarters Hospital, Chalakudy. She filed a representation for transfer to anywhere in Kollam District, as her children are studying in Kottarakkara. The fourth respondent entered service only in 2000. She was given a posting at Oachira in Kollam District even without a representation. According to the fourth respondent, she is a native of Neyyattinkara, Thiruvananthapuram District and from the very beginning itself she was requesting for a transfer to the southern district. This Court directed the Government to consider the matter. By Exhibit P7, it is informed that all the WA 2077/08 2 vacancies in Kollam District are occupied by the seniors and therefore, the appellant cannot be posted in Kollam District. As far as the posting of the fourth respondent in Oachira is concerned, she was working in Tribal area districts in the north, even though she hails from the southern most district. It is the case of the appellant that what she wanted is only a transfer to any centre in Kollam District and she is senior. In these circumstances, it is directed that in the next arising vacancy in Kollam District, the appellant should be given the posting, in the absence of a claim by any senior incumbent. The writ appeal is disposed of with the above direction. (J.B.Koshy, Judge) 20th October, 2008 (K.P.Balachandran, Judge) tkv