IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27339 of 2009(J) -------------------------- PETITIONER(S): --------------- SMT.TESSY THOMAS, PHARMACIST GRADE II, PRIMARY HEALTH CENTRE, PAMPADUMPARA, IDUKKI. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 27339 of 2009 -------------------------- Dated this the 30th September,2009 J U D G M E N T Petitioner is a Pharmacist Gr.II in the Health Services Department currently stationed at Pampadumpara Primary Health Centre in Idukki district. Pursuant to the abolition of the dual control system in the Health Services Department, she opted to be shifted to the Medical Education Department, as evidenced by Ext.P1, which was submitted on 17.11.2008. But before orders accepting her option as such came to be passed or communicated to her, she submitted Ext.P2 before the 2nd respondent seeking to withdraw her option citing grave personal reasons in this regard. It seems that Ext.P2 was not referred to or otherwise taken note of under Ext.P3 dated 17.8.2009 whereby her option to be shifted to the Medical Education Department has been accepted and she has now been posted in the Medical College Hospital at Alappuzha. By Ext.P4 dated 19.9.2009, she has been informed that requests for cancellation need not be entertained for W.P ( C) No. 27339 of 2009 2 options once, they are accepted. Ext.P4 is under challenge in this writ petition. 2. Heard learned Government Pleader also. 3. Learned counsel for the petitioner submits that even if the premise on which Ext.P4 issued is correct, petitioner had submitted Ext.P2 withdrawing her option before the same was accepted. The option can be considered as having been accepted, only by Ext.P3, dated 17.8.2009. Ext.P2 is dated 29.7.2009. I find force in the submission. 4. I am of the view that the facts of the present case would justify a fresh consideration of the issue and in the circumstances it may be done by the Government. Petitioner is presently stationed at Pampadumpara in Idukki district and one would normally expect that a Pharmacist would be anxious to be shifted to any one of the Medical College Hospitals at Alappuzha Kozhikode or Thrissur. 5. But here is the case where a pharmacist who is stationed at a relatively rural area at Pampadumpara W.P ( C) No. 27339 of 2009 3 Primary Health Centre in Idukki district, expresses a desire to be stationed therein, apparently for grave personal reasons. It is also the petitioner's case that there are several other Pharmacists in the Health Services Department, junior to the petitioner, who are anxious to be shifted to the Medical Education Department. In the result, the writ petition is disposed of in the following terms: i. Petitioner shall file a representation detailing the above aspects before the 1st respondent within one month from today. ii. Government shall take a decision thereon, in the light of the observations contained in this judgment, after hearing the petitioner within two months thereafter. If there are other eligible Pharmacist Gr.II who had opted for the Medical Education Department and there are no factors standing in the way of their options being accepted, the Government shall permit the petitioner to withdraw her option as per Ext.P2. W.P ( C) No. 27339 of 2009 4 iii. Orders shall be passed on the aforementioned representation to be filed by the petitioner within two months from the date of receipt of a copy of this judgment. iv Petitioner shall be retained in the Primary Health Centre at Pampadumpara in Idukki district till orders are passed as aforementioned. (V.GIRI,JUDGE) ma W.P ( C) No. 27339 of 2009 5 W.P ( C) No. 27339 of 2009 6