IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 5335 of 2009(J) ------------------------------------- PETITIONER(S): ------------------------- 1. S.JAYASREE,JUNIOR PUBLIC HEALTH NURSE GRADE -I,PHC TRIKKANNAPURAM. 2. K.S.OMANA, JUNIOR PUBLIC HEALTH NURSE GRADE I,PHC PERUMPADAPPU, MALAPPURAM. 3. MARIAMMA K.S.JUNIOR PUBLIC HEALTH NURSE GRADE -I,PHC MARANCHERY (OLD) MALAPPURAM DISTRICT. 4. JAGADAMMA P.G. JUNIOR PUBLIC HEALTH NURSE GRADE -I, PHC VELIANCODE. 5. B.K.THAHIZA BEEVI,JUNIOR PUBLIC HEALTH NURSE GRADE -I,PHC ALANKODE, NANNAMUKKU P.O CHANGRAMKULAM. 6. P.B.PADMAVATHY, JUNIOR PUBLIC HEALTH NURSE GRADE I PHC VELIYANCODE. 7. GEEETHAKUMARY T. JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC MARANCHERRY. 8. SUDHA A.,JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC KOTTAKKAL, MALAPPURAM DISTRICT. 9. ELSAMMA V.L. JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC PERUMPADAPPU. 10. ELSAMMA P.K. JUNIOR PUBLIC HEALTH NURSE GRADE-I, PHC ALANKODE, NANNAMUKKU P.O. CHANGRAMKULAM. 11. P.K.VIJAYAMMA, JUNIOR PUBLIC HEALTH NURSE GRADE-I,PHC KUTTIPPURAM. 12. K.SANTHAKUMARI, JUNIOR PUBLIC HEALTH NURSE GRADE-I,PHC TRIKKANAPURAM. W.P.(C) NO.5335/2009 13. SANI THOMAS, JUNIOR PUBLIC HEALTH NURSE GRADE-I,PHC TRIKANAPURAM. 14. SHEEBA KUMARI R.,JUNIOR PUBLIC HEALTH NURSE GRADE-I,TALUK HEAD QUARTERS HOSPITAL, TIRUR. 15. ANSAMMA JOSEPH, JUNIOR PUBLIC HEALTH NURSE GRADE -I,PHC VETTOM. 16. SARAMMA.M,JUNIOR PUBLIC HEALTH NURSE GRADE-I,PHC VATTOM. 17. LEKHA K.,JUNIOR PUBLIC HEALTH NURSE GRADE-I,PHC EDARIKODE, MALAPPURAM DISTRICT. 18. RAMA P.T.JUNIOR PUBLIC HEALTH NURSE GRADE-I,PHC KOTTAKKAL, MALAPPURAM DISTRICT. BY ADVS. MR.T.A.SHAJI MR.M.P.GANGADHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE,SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 5335 of 2009 --------------------------------------------------- Dated this the 27th day of February, 2009 JUDGMENT The petitioners are Junior Public Health Nurses Grade I working in various primary health centres in Malappuram District. All of them have moved for inter district transfer by filing separate applications. The complaint is that their request was not considered since the appointments and postings are being made without observing the ratio fixed among the Junior Public Health Nurses Grade I and Grade II as provided in the concerned government orders. Ext.P1 is the state wise seniority lists of Junior Public Health Nurses Grade I as well as the combined seniority list of JPHN/ANM's Grade II as on 30.1.1994 published by order dated 15.5.2007. The Government as per G.O.(P) No.480/89 Fin. dated 1.11.1989, G.O.(P) 600/93/Fin. dated 25.9.1993 and G.O.(P) 3000/98/Fin. dated 25.11.1998 fixed a ratio of 1:2 among the Junior Public Health Nurses Grade I and Grade II. The total cadre strength of Junior Public Health Nurses in the state is 5562 and applying the said ratio of 1:2 there should be 1854 Junior Public Health Nurses Grade I and 3708 Junior Public Health Nurses Grade II. 2. The petitioners have been working in various health centres in Malappuram District for last so many years. Seeking for inter district transfer they have been moving the authorities from time to wpc/5335/2009 2 time, and Ext.P3 to P20 are the representations. They have applied through further representations Ext.P21 to P38 subsequently in December, 2008. The third respondent has already forwarded those representations to the second respondent. 3. Seeking for appropriate orders in the matter during the general transfer this year they have filed Ext.P39 to P56. Earlier representations namely Ext.P4 to P20 were filed during general transfer in the year 2008-2009. 4. The second respondent is therefore directed to consider their representations Ext.P39 to P56 seeking for inter district transfer in accordance with the guidelines and the government orders in the matter while finalising the general transfer in 2009- 2010. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps