IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 18881 of 2009(E) ------------------------------------------ PETITIONER(S): ------------------------- REMA.O.C, W/O.N.V.PRATHAPAN ,AGED 39 YEARS, NURSE, GRADE I,GOVERNMENT HOMEOPATHIC HOSPITAL, MUVATTUPUZHA HAVING PERMANENT RESIDENCE AT NIKATHIL HOUSE, NJARACKAL PO, NJANRACKAL, ERNAKULAM. BY ADV.MR.SAJITH KUMAR V. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF HOMEOPATHIC MEDICINES, EAST FORT,THIRUVANANANTHAPURAM. 3. MEDICAL SUPERINTENDENT, GOVERNMENT HOMEOPATHIC HOSPITAL,MUVATTUPUZHA. 4. VIJI.M.VARGHESE, NURSE GRADE-1 GOVERNMENT HOMEOPATHIC HOSPITAL, THODUPUZHA. 5. JAYASREE.V.K., NURSE GRADE-1 GOVERNMENT HOMEOPATHIC HOSPITAL, PUSHPAKANDAM IDUKKI DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R4 BY ADV. MR.ALEXANDER JOSEPH R5 BY ADV. MR.S.DILEEP (KALLAR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18881/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.EA2/2571/09/D.H. DTD. 30/06/2009 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE REVIEW PETITION DTD. 4/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3: COPY OF THE APPEAL DTD. 4/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R4(A):COPY OF THE RELIEVING ORDER DTD. 7/07/2009 OF THE DISTRICT HOMEOPATHIC HOSPITAL, THODUPUZHA. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.18881 of 2009 --------------------------------------------- Dated 29th July, 2009 JUDGMENT Heard Sri.V.Sajith Kumar, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for respondents 1 to 3, Sri.Alexander Joseph, the learned counsel appearing for the fourth respondent and Sri.S.Dileep, the learned counsel appearing for the fifth respondent. 2. The petitioner, who is presently working as Grade-I Nurse in the Government Homeopathic Hospital, Muvattupuzha has filed this writ petition challenging Ext.P1 order transferring her from Muvattupuzha to Pushpakandam in Idukki District. By Ext.P1, the fifth respondent was transferred from Government Homeopathic Hospital, Pushpakandam to Government Homeopathic Hospital, Thodupuzha. The fourth respondent was transferred from Thodupuzha and appointed as the petitioner's substitute at Muvattupuzha. When this writ petition came up for hearing today, the learned counsel appearing for the fifth WP(C).No.18881/2009 2 respondent submitted that the fifth respondent belongs to Pushpakandam and that she is agreeable to be retained at Pushpakandam. The learned Government Pleader appearing for the official respondents submitted that the petitioner was transferred out of Government Homeopathic Hospital, Muvattupuzha in view of certain complaints about her and that her transfer from Muvattupuzha was made in public interest and in the exigencies of service. 3. In my opinion, in view of the fact that the fifth respondent has expressed willingness to continue in Pushpakandam, her home station, the Director of Homeopathy should consider whether the petitioner can be accommodated at Thodupuzha in the place of the fifth respondent. I accordingly dispose of this writ petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P2 and pass orders thereon having regard to the fact that the fifth respondent is willing to be retained at Pushpakandam. Necessary orders in the matter shall be issued within two weeks from the date on which the petitioner produces a certified copy of this judgment before the Director of Homeopathy. Till then, the WP(C).No.18881/2009 3 petitioner shall be accommodated at Thodupuzha. The fourth respondent shall be permitted to continue to work at Muvattupuzha and retained there. P.N.RAVINDRAN Judge TKS