IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20696 of 2008(L) -------------------------- PETITIONER: ------------ BINDU.J., JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, KODANCHERRY , KOZHIKODE DISTRICT BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVT HEALTH & FAMILY WELFARE DEPARTMENT GOVT. SECRETARIAT. TRIVANDRUM 2. DIRECTOR OF HEALTH SERVICES TRIVANDRUM 3. DISTRICT MEDICAL OFFICER ALAPPUZHA 4. DISTRICT MEDICAL OFFICER KOZHIKODE. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20696/2008 -------------------- Dated this the 9th day of July, 2008 JUDGMENT Petitioner is a Junior Public Health Nurse, currently stationed in the Primary Health Centre, Kodancherry in Kozhikode District. Her provisional appointment was in the year 1992 and she commenced regular service in Kozhikode with effect from 1995. Petitioner and husband belong to Aleppy District. Her husband is a serving soldier. Since the petitioner's husband is the only son of the aged parents, it is the responsibility of the petitioner to look after the husband's parents also. Petitioner has three minor daughters, all of whom are studying in school in Aleppy. She contends that she has been making requests for transfer to Aleppy District since 2005. She has made such requests on 5.3.2005, 25.2.2006, 28.2.2007 and 16.2.2008, the last among which is produced as Ext.P1. Apparently, the request for the petitioner's transfer has been recommended by a Commanding Officer of the Petitioner's husband, as evidenced by Ext.P2 communication addressed to the Director of Health W.P.(C).20696/2008 2 Service. Learned counsel for the petitioner refers to Ext.P3 order of the Government which contemplates a preference for the relatives of Jawans in obtaining a place of posting of their choice. Ext.P4 reiterates the said decision and makes it clear that the transferees will not forfeit their seniority as such. It is further stated that the seniority will not be insisted in the case of such matters. Learned counsel for the petitioner also refers to Ext.P5 and points out that notwithstanding the request made by the petitioner, at least four persons have now been posted in Aleppey on inter district transfer and all four persons are junior to the petitioner, it is contended. 2. I heard learned counsel for the petitioner and learned Government Pleader. I have perused the averments in the writ petition as also Exts.P1 to P5. 3. Petitioner entered service in 1992 by way of provisional service and commenced regular service in 1995. There is no reason why her request for a posting W.P.(C).20696/2008 3 in Aleppey on inter district transfer, should not be considered as a dependent of Jawan in terms of Exts.P3 and P4 Government Orders. 4. In the result, writ petition is disposed of directing the second respondent to consider the petitioner's request for inter district transfer as contained in Ext.P1, on merits, and orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. It is made clear that Ext.P1 shall be considered as a proper application in terms of the Government Orders. At any rate, Ext.P2 shall also be taken into account in that behalf. Petitioner shall produce a copy of the writ petition also along with the copy of the judgment. V.GIRI, Judge mrcs