IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15447 of 2009(A) -------------------------- PETITIONER(S): --------------- VIMALA BHAI.K., NON MEDICAL SUPERVISOR (NMS), DMOH, ERNAKULAM, (RESIDING AT V.S.VILASOM, AMBLATHUM BHAGAM.P.O., PORUVAZHI, KOLLAM.) BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM. 3. DISTRICT MEDICAL OFFICER, OFFICE OF THE DMO, ERNAKULAM. 4. DISTRICT MEDICAL OFFICER, OFFICE OF THE DMO, PALAKKAD. 5. SHEELA REMANI, NON-MEDICAL SUPERVISOR(N.M.S.), C.H.C., ALATHOOR, PALAKKAD. MR.P.NANDAKUMAR, GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15447/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PROCEEDINGS OF THE AQDDITIONAL DIRECTOR OF HEALTH SERVICE (P.H.) DATED 14/01/2009. P2 : COPY OF THE COMMUNICATION NO.E1-2267/09 DATED 13/03/2009. P3 : COPY OF REPRESENTATION DATED 16/03/2009 SUBMITTED BY THE petitioner BEFORE R2. P4 : COPY OF ORDER NO.EG2-29629/07/DHS DATED 17/03/2009. P5 : COPY OF ORDER NO.EGC-24050/09/DHS DATED 30/05/2009. P6 : COPY OF TRANSFER NORMS PRESCRIBED BY THE HEALTH DEPARTMENT. P7 : COPY OF THE RELIEVING ORDER ATED 01/06/2009 ISSUED BY R3. P8 : COPY OF REPRESENTATION BEFORE R2 DATED 01/06/2009. P9 : COPY OF COMMUNICATION ISSUED BY R2 DATED 06/07/2009. P10 : COPY OF APPLICATION FOR GENERAL TRANSFER SUBMITTED BY THE PETITIONER DATED 18/01/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15447 of 2009 (A) --------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T The petitioner is working as a Non Medical Supervisor in the Health Services Department. By Ext.P5 she was transferred and posted from Ernakulam to Alathoor. On being relieved by Ext.P7, she joined that post and is continuing there. Subsequent to the order of General Transfer, the petitioner submitted Ext.P8 representation for a transfer to Kollam District. Complaining that there was no response to Ext.P8, the petitioner filed this writ petition. By order dated 23/06/2009, this Court directed the 2nd respondent to consider the petitioner's request for transfer to Ernakulam. Accordingly, the request was considered and by Ext.P9, the petitioner was informed that the respondents are awaiting for Government sanction to fill up vacancies in Kollam district pointed out by the petitioner. 2. From the counter affidavit the stand taken by the respondents is that there is no vacancy as pointed out by the WP(C) No.15447/2009 -2- petitioner and the claim of the petitioner will be considered as and when next transfer orders are issued. During the pendency of this writ petition, again the petitioner submitted Ext.P10 requesting for transfer to Taluk Head Quarters Hospital Chengannur, or PHC, Nedungolam, in Pathanamthitta and Kollam districts respectively. It is stated that this representation is pending before the 2nd respondent. 3. In this writ petition, this Court by order dated 30/07/2009 directed that orders be passed by the respondents considering the petitioner's claim for posting at the Taluk Head Quarters Hospital, Karunagappally or Community Health Centre, Chavara. It is stated that in both stations, due to want of vacancy, the petitioner's claim was not considered and as a result thereof, the petitioner is still continuing at Alathoor. The learned counsel for the petitioner points out that there are existing vacancies in Pathanamthitta and Kollam Districts, at Taluk Head Quarters Hospital, Chengannur and PHC, Nedungolam, near Paravoor, Kollam District. Having regard to the long standing claim of the petitioner, WP(C) No.15447/2009 -3- which are directed to be considered, I feel it is only appropriate that the 2nd respondent should consider Ext.P10 with reference to the vacancy pointed out by the petitioner and orders there on shall be passed accommodating the petitioner to any one of those vacancies, if those vacancies are still available. The matter shall be considered and orders thereon shall be passed as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment along with a copy of this writ petition. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg