IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 19417 of 2010() ------------------------- PETITIONER(S): ----------------------- RADHAMANI M.K., AGED 50 YEARS, W/O,.V.K.SASIDHARAN, ASHA BHAVAN, KINDANGANNOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001,. 2. DIRECTOR OF HEALTH SERVICE, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695001, 3. V.V.MADHU, OPHTHALMIC ASSISTANT, CHC VALLANA, PATHANAMTHITTA-689645. 4. RESHMI.R, OPHTHALMIC ASSISTANT, CHENGANNUR TALUK HOSPITAL, ALAPPUZHA-689121. 5. M.ABDUL JABARUDEEN, OPHTHALMIC ASSISTANT GENERAL HOSPITAL, PATHANAMTHITTA-689645. 6. ANI MATHEW, OPHTHALMIC ASSISTANT TALUK HEAD QUARTERS HOSPITAL, CHENGANNUR-689121. 7. SIBI T.P.OPHTHALMIC ASSISTANT COMMUNITY HEALTH CENTER, CHERANALLOOR-682034. GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19417/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE OBJECTION DT 2.3.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF the ORDER DT 3.5.2010 OF THE 2ND RESPONDENT ORDERING TRANSFER AND POSTINGS OF OPHTHALMIC ASSISTANTS FOR 2010. EXT.P3: A TRUE COPY OF GO(RT) NO.504/2005/H&FWD THIRUVANANTHAPURAM DT 21.2.05 ISSUED BY THE 1ST RESPONDENT GIVING THE GUIDELINES FOR GENERAL TRANSFER. EXT.P4: A TRUE COPY of the GO DT 3.10.1980 PROVDING FOR PRIORITY FOR TRANSFER TO SC'S. EXT.P5: A TRUE COPY OF THE GO DT 18.4.1992. EXT.P6: A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT 18.5.2010 IN WP NO.15035/2010. EXT.P7: A TRUE COPY OF THE ORDER DT 5.6.2010 OF THE 7TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19417 OF 2010 (B) ===================== Dated this the 20th day of July, 2010 J U D G M E N T Petitioner is a Senior Grade Ophthalmic Assistant under the Directorate of Health Services. At the time of general transfer, she applied for transfer to Alleppey or Chengannur. However, by Ext.P2 order, she was posted to Community Health Centre, Malippuram in Ernakulam District. 2. She approached this Court by filing WP(C) No.15035/2010 challenging Ext.P2. That writ petition was disposed of by Ext.P6 judgment directing the Director of Health Services to consider her claim against future vacancies at Chengannur. This direction was issued taking note of the contention of the petitioner that her posting at Malippuram was against Exts.P3 to P5. 3. According to the petitioner, she produced a copy of Ext.P6 before the DHS on 25/5/2010. However, without considering her claim, when a vacancy arose at Chengannur, Ext.P7 order was issued on 5/6/2010 posting the 6th respondent at Chengannur. It is aggrieved by Ext.P7 order in so far as the WPC No. 19417/10 :2 : 6th respondent is posted at Chengannur allegedly overlooking her claim, this writ petition is filed. 4. Though notice issued has been served, there is no representation on behalf of the 6th respondent. 5. I heard the learned Government Pleader also in this matter. 6. Evidently, Ext.P6 judgment was rendered on 18th of May 2010 directing that when vacancy arises in the Taluk Hospital, Chengannur, the claim raised by the petitioner for posting to that station should also be considered. It is the specific case of the petitioner that she produced a copy of the judgment before the DHS on 25/5/2010. Therefore, to any vacancy that arose at Chengannur, the claim of the petitioner ought to have been considered. Ext.P7 does not show that the petitioner's claim was considered at the time when the 6th respondent was posted and this order also says that the same is subject to review. 7. Having regard to the above, I feel the matter needs to be considered afresh. Therefore, I direct that the 2nd respondent shall, on the production of a copy of this judgment reconsider the WPC No. 19417/10 :3 : claim of the petitioner for posting to the vacancy at Chengannur, to which, the 6th respondent is now posted. This shall be done with notice to the petitioner and the 6th respondent. Orders shall be passed, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp