IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 8593 of 2008(W) ------------------------- PETITIONERS: ------------------- GAYATHRI V.K., VELIKUNNEL HOUSE MULARINGAD P.O., THODUPUZHA TALUK IDUKKI (NOW WORKING AS JUNIOR PUBLIC HEALTH NURSE, PRIMARY HEALTH CENTRE, CHITRAPUZHA. MUNNAR. BY ADV. MR. V.P.REGHURAJ RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, ERNAKULAM. BY GOVERNMENT PLEADER MR. NANDA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8593 of 2008(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION DATED 26.02.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P2: COPY OF THE STATEMENT DATED 20.09.2007 SUBMITTED BY THE RESPONDENT IN W.P.(C).No.22823/2007 OF THIS HON'BLE COURT. P3: COPY OF THE JUDGMENT DATED 27.11.2007 IN W.P.(C).No.22823/2007 OF THIS HON'BLE COURT. P4: COPY OF THE G.O.(Rt).No.506/2008/H&FWD DATED 11.02.2008. P5: COPY OF THE LETTER DATED 21.02.2008 OF THE PUBLIC INFORMATION OFFICER, DISTRICT MEDICAL OFFICE (HEALTH), ERNAKULAM. P6: COPY OF THE CERTIFICATE DATED 11.02.2009 ISSUED BY THE BLOCK DEVELOPMENT OFFICE, KOTHAMANGALAM. RESPONDENTS' EXHIBITS: R2(a): COPY OF THE G.O.(P).No. 1/2005/P&ARD. // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 8593 OF 2008 = = = = = = = = = = = = = == = = = = = = = Dated this the 29th day of September 2009. JUDGMENT Petitioner is a Junior Public Health Nurse, who was initially appointed in Pathanamthitta District. On her request, she was transferred to Idukki District by order dated 11.05.2005. She is a native of Ernakulam District. She belongs to Ezhava Community and her husband relates to Ullada Community, a Scheduled Tribe. Her claim is that they entered into an inter- caste marriage and therefore fall under the priority category for inter-district transfer. Petitioner filed Ext.P1 application, seeking a transfer to Ernakulam District. This was directed to be considered as per Ext.P3 judgment holding that the petitioner is entitled to be treated as a person who has entered into an inter- caste marriage. Government considered the petitioner's request and held that there are 95 requests for inter-district transfer for Ernakulam District and the vacancies which were available, have had been filled up by persons from the Scheduled Caste category who is the first priority. The Government shall consider the request according to merits as and when vacancies arise in future, it is assured. W.P.(C). No. 8593 OF 2008 2 2. Petitioner contends that a person who belongs to Scheduled Caste has a higher priority in the list of persons seeking inter-district transfer and unless a ratio amongst various categories or system of rotation is atleast provided amongst such persons who are included in the list of applicants for inter- district transfer, the limited number of vacancies that become available for inter-district transfers will be continued to be exhausted by persons who come in the top of the list of priority, like members of the Scheduled Caste. 3. There is force in the submission made by the learned Counsel for the petitioner. Mr. Nanda Kumar, learned Senior Government Pleader points out that prescription of rotation amongst the applicants for inter-district transfer or a ratio as the case may be are matters which are comprehended by a policy decision to be taken by the Government. But I also think it is necessary to observe that the Government should take note of the fact that if a benefit sought to be conferred on a class of employees are prioritized, then the orders regarding such priority should be fair and reasonable so to provide all persons coming under the different categories an even chance of being considered for the benefit. The benefit of an inter-district W.P.(C). No. 8593 OF 2008 3 transfer, is one which the Government has decided to make available as per a list of priority. If that be so, the benefit so sought to be conferred should not be illusory or practically non existent except for those who come high in the list of priority. 4. Accordingly, the petitioner may submit this issue before the Government by means of representation, which may be filed within one month from the date of receipt of a copy of this judgment. Government shall consider the request in the light of the observations contained in the judgment and take a decision within three months from the date of receipt of a copy of this judgment. If the petitioner's request, for fixing a rotation amongst persons who come under different priorities, for inter- different transfer is accepted, then the petitioner's request for an inter-district transfer for Ernakulam District shall be considered in the light of such revised order. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/