IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 18244 of 2010(E) -------------------------- PETITIONER(S): --------------- DR.SHINY.S,W/O.DR.JOLLY,ASSISTANT SURGEON,RE-DESIGNATED AS JUNIOR CONSULTANT OBSTETRICS & GYNECOLOGY,TALUK HOSPITAL,ADIMALY, IDUKKI,RESIDING AT SIVA MANGALAM,KOOTTIKKADA.P.O, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, KERALA STATE,THIRUVANANTHAPURAM. 3. DR. ANILA G., JUNIOR CONSULTANT OBSTETRICS & GYNECOLOGY, VICTOR HOSPITAL, KOLLAM 4. DR.JANE JACOB,JUNIOR CONSULTANT OBSTETRICS & GYNECOLOGY GOVERNMENT HOSPITAL, KAYAMKULAM. BY GOVT. PLEADER SRI. ARAVIND BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.18244 OF 2010 (E) -------------------------------------------------- Dated this the 21st day of June, 2010 J U D G M E N T Petitioner is a Junior Consultant in the specialty cadre of Gynecology. According to her she had opted for posting at Kollam, Karunagapally and Kayamkulam. It is stated that despite the options exercised, she was allotted initially to Kozhencherry and then posted at Sasthamkotta. It is aggrieved by her placement at Sasthamkotta that this writ petition is filed. 2. Learned Government pleader on instructions submits that the places opted by the petitioner are Kollam, Karunagapally, and Adimaly and that at these stations those posted are accommodated by her seniors and that it was considering the shortage of manpower in the petitioner's specialty cadre that the petitioner was posted at Sasthamkotta. 3. Therefore, from the submissions made by the Government Pleader it is evident that the stations opted by the petitioner were allotted to her seniors. If that be so, the petitioner cannot have no legitimate claim for posting at the opted stations. Considering the WPC.No. 18244/2010 :2 : shortage of manpower in the cadre to which the petitioner belongs, if she is accommodated at Sasthamkotta, this court will not be justified in interfering with such an order of transfer effected in administrative exigencies. 4. Be that as it may, petitioner submits that there is still a post available at Karunagapally and claiming accommodation in that vacancy, she has filed Ext.P4 before the 2nd respondent. If as stated by the petitioner Ext.P4 has been received by the the 2nd respondent and is pending, I direct the 2nd respondent to consider and pass orders on it. This shall be done as expeditiously as possible and at any rate within 8 weeks from the production of a copy of the judgment along with a copy of this writ petition. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 18244/2010 :3 :