IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11326 of 2008(W) -------------------------------------- PETITIONER: ------------------- M.V.RAJALAKSHMI,W/O. BALAN, AGED 54 NURSING SUPERINTENDENT GRADE-1,GENERAL HOSPITAL THIRUVANANTHAPURAM,PERMANTLY RESIDING AT RAJALAKSHMI HOUSE, P.O. PERUMTHATTIL, 670 107, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ----------------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERRNMENT, HEALTH SERVICES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.11326 of 2008 -------------------------- Dated this the 3rd April, 2008 J U D G M E N T Petitioner is working as a Nursing Superintendent Gr.I in the General Hospital, Thiruvananthapuram. She was posted at Thiruvananthapuram consequent upon promotion under Exhibit P1 order. Prior to the same she was working as Nursing Superintendent Gr.II at the District Hospital, Kannur. Petitioner's family continues to be at Thalassery. Petitioner submits that she is due to retire in November,2008 and in such cases the place of choice given by the incumbent should normally be accepted. She points out that in the case of one Smt.K.Saraswathy, who is a junior, the incumbent was given a posting in Kannur District, under Exhibit P3 order. Petitioner has brought her grievance to the notice of the Government under Exhibit P4. 2. I heard learned Government Pleader also. In the result, the writ petition is disposed of directing the 1st respondent to consider the claim of the petitioner in the W.P ( C) No.11326 of 2008 2 course of General Transfer for the year 2008. The 1st respondent shall also consider the specific case of the petitioner that an open vacancy in the post of Nursing Superintendent Gr.I is due to arise on the first of May, 2008 at Thalassery. This shall be considered in the light of the fact that, according to the petitioner, her junior has been given a posting in Kannur District and with further specific reference to the fact that petitioner is due to retire in November,2008. (V.GIRI, JUDGE) ma W.P ( C) No.11326 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No.11326 of 2008 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.