IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 32344 of 2009(K) -------------------------- PETITIONER(S): --------------- STAFF NURSE RANK HOLDERS ASSOCIATION, REGISTRATION NO. Q 634/09, KARTHIKA COMPLEX, VALLIKKAVU, KLAPPANA.P.O, KOLLAM - 690 525, REPRESENTED BY ITS SECRETARY SUNITHA.S, AGED 30 YEARS, HARIBHAVAN, PUTHUPPALLY, KAYAMKULAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO MINISTRY OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DEPARTMENT OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, HEALTH DEPARTMENT, KOLLAM. 4. PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOLLAM. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.32344 of 2009 (K) -------------------------- Dated, this the 30th day of November, 2009 J U D G M E N T The petitioner is an association of rank holders for the post of Staff Nurse in Kollam District. According to them, as is seen from Ext.P2, there are 13 vacancies to be reported, and further steps are not being taken to report those vacancies to the PSC. With this grievance, this writ petition has been filed. 2. The learned Government Pleader has obtained instructions in the matter. According to her, one NJD vacancy has already been reported on 30/10/2009, and there is one more vacancy which will be reported soon. According to her, 3 vacancies have been reported to the Director of Health Services for inter- district transfer. 3. In so far as these three vacancies are concerned, the learned counsel for the petitioner submits that under the Rules, unless a person has completed five years in service, he cannot be eligible for inter-district transfer, and that therefore, these vacancies are also to be reported to the PSC. WP(C) No.32344/2009 -2- In any case, that matter is pending before the Director of Health Services, and it is up to that authority to consider that if there is any eligible person to be considered for inter-district transfer, and if no eligible person is available, it is up to him to instruct his subordinate Officers to report those vacancies also to the PSC. As at present, there is only one more vacancy to be reported, which the respondents shall report on the production of a copy of this judgment. In so far as the 3 vacancies mentioned above are concerned, I leave it open to the petitioner to pursue their claim, if and when according to them, their claim is attempted to be overlooked. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg