IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 33774 of 2009(N) -------------------------- PETITIONER(S): --------------- DR. SUNI JOSEPH, MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, PANATHADY, KASARAGOD DISTRICT. BY ADV. SRI.C.P.CHANDRASEKHARAN (CALICUT) SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KASARAGOD. BY GOVT. PLEADER SRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33774 OF 2009 (N) -------------------------------------------------- Dated this the 30th day of November, 2009 J U D G M E N T Petitioner is an Assistant Surgeon in the Health Service Department. On 7.6.2006 she was posted as Assistant Surgeon at the Community Health Centre, Panathady in Kasaragode District. According to the petitioner, the DMO and also some of the local politicians have conspired against her and have succeeded in getting her transferred to Kolacherry in Kannur District by Ext.P14 order. It is stated that this order has been issued despite the fact that by Ext.P10 the patients of the Community Health Center, where the petitioner is working, themselves have represented to the Minister for Health and Social Welfare for her retention in the present station. It is stated that the order of transfer has been issued while Ext.P10 was pending consideration of the 2nd respondent. It is in the aforesaid circumstances this writ petition is filed challenging Ext.P14. Further, petitioner also says that she has made Ext.P15 to the Ist respondent praying for her retention in Panathady. WPC.No.5176 /09 :2 : 2. As already stated, the case of the petitioner is that while Ext.P10 representation made by the patients of the Hospital is pending consideration of the 2nd respondent, she has been transferred by Ext.P14. Having regard to the allegation of the petitioner and also taking note of the pendency of Ext.P15 and her submission that she has not been relieved so far, the writ petition is disposed of with the following directions. 3. The first respondent shall consider Ext.P15 representation of the petitioner requesting to retain her in the present station. This shall be done as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. In the meantime further proceedings pursuant to Ext.P14 transferring the petitioner shall be kept in abeyance , provided the petitioner has not been relieved till date. Petitioner may produce a copy of this judgment along with a copy of the writ petition and and a copy of I.A.No.14914/09 before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.5176 /09 :3 :