IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 1331 of 2008(H) PETITIONER: SUNANDHA, W/O.G. RAJEEV, HEAD NURSE, ESI HOSPITAL, PARIPPALLY, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INSURANCE MEDICAL SERVICE, KERALA STATE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, ESI HOSPITAL, PARIPALLY P.O., KOLLAM. 4. SMT.E.R.AMMINIKUTTY, HEAD NURSE, ESI HOSPITAL, PERURKADA P.O., THIRUVANANTHAPURAM. 5. SMT.K.PREMAJA DEVI, HEAD NURSE, ESI HOSPITAL, PERURKADA P.O., THIRUVANANTHAPURAM. 6. SMT.RADHAMANI, HEAD NURSE, ESI HOSPITAL, EZHUKONE P.O., KOLLAM. WP(C).No. 1331 of 2008 :: 2 :: 7. SMT.LIZY, HEAD NURSE, ESI DISPENSARY, KILIKOLLUR P.O., KOLLAM. 8. SMT.CHANDRIKA, HEAD NURSE, ESI DISPENSARY, KOTTARAKKARA P.O., KOLLAM. 9. SMT.USHA, HEAD NURSE, ESI HOSPITAL, PERURKADA P.O., THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.1331 of 2008 H ------------------------- Dated this the 10th day of January, 2008. JUDGMENT The Petitioner is aggrieved by Ext.P1 order of transfer issued by the Director of Insurance Medical Service, the 2nd respondent herein to the extent to which she has been transferred from E.S.I.Hospital, Parippally, Kollam District to the E.S.I.Hospital, Feroke, in Kozhikode District. Aggrieved by Ext.P1, the petitioner has preferred Ext.P2 appeal before the Government, first respondent. The petitioner, inter alia, points out that she has been transferred from Parippally on account of reduction in the number of posts of Head Nurses and in such circumstances, the junior most in the category is liable to be transferred. Reference is made to Rule 7 of the General Rules in the Kerala State and Subordinate Services Rules. It is accordingly that the petitioner has impleaded respondents 4 to 9, who are her W.P.(C).NO.1331/08 :: 2 :: juniors in the post of Head Nurse. It is pointed out that such persons are retained in Ext.P1 order. But the petitioner is transferred to Kozhikode District, consequent on reduction of post of Head Nurses. 2. In my view, the petitioner's claim is eligible to be considered by the Government. The Government shall also pay attention to the particular personal factors pleaded by the petitioner in Ext.P2. 3. Learned Government Pleader submits that the person, who was working in the E.S.I.Hospital, Feroke, has now been transferred to Thottada. She had approached this court in W.P.(C)No.891/08. This court disposed of the said writ petition directing the petitioner therein to move the competent authority for variation of the posting. After hearing counsel on both sides, this writ petition is disposed of directing the first respondent to look into Ext.P2 and take a decision at the earliest, paying particular W.P.(C).NO.1331/08 :: 3 :: attention to the contention of the petitioner that her juniors have been retained in their stations and also taking note of the factors pleaded by the petitioner necessitating her presence with the family at Parippally. Such decision shall be taken within a period of one month from the date of receipt of a copy of this judgment. If the Government proposes to accept the claim of the petitioner and if any other person will be affected thereby, such person shall also be given notice, before such decision is taken. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge