IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 16013 of 2009(V) ------------------------------------- PETITIONER(S): ------------------------- MARY V.O., JUNIOR PUBLIC HEALTH NURSE GR.II, P.H.C., NARKILAKKADAVU, KASARAGOD DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, KASARAGOD. 4. VALSAMMA CHACKO, JUNIOR PUBLIC HEALTH NURSE, P.H.C. VELLARIKUNDU, KASARAGOD DIST. R1 TO R3 BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 16013 of 2009-V ------------------------------ Dated this the 10th day of June, 2009. J U D G M E N T Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner is presently working as Junior Public Health Nurse Gr.II at Narkkilakkadu in Kasargod district. By Ext.P4 order passed on 3.6.2009, the District Medical Officer of Kasargod transferred the petitioner to Primary Health Center, Bandaduka. The fourth respondent is the substitute appointed in the petitioner's place. In this writ petition the petitioner challenges her transfer from Narkkilakkadu to Bandaduka. 3. The pleadings disclose that aggrieved by her transfer, the petitioner has moved the Director of Health Services, Thiruvananthapuram by submitting Ext.P5 representation dated 5.6.2009. She has in Ext.P5 pointed out to the Director of Health Services that she has been transferred to a station which is 60 Kms away from the station where she was working. In Ext.P5 she has also stated that the objections filed to Ext.P2 short list have not been considered before the order of transfer was issued. In my opinion the question whether the petitioner can be accommodated in another station in modification of W.P(C) No. 16013 of 2009-V 2 Ext.P4 order of transfer is primarily a matter for the Director of Health Services to decide. Since the petitioner has already moved the Director of Health Services in that regard, I am of the opinion that the said authority should consider the request made by the petitioner expeditiously. I accordingly dispose of this writ petition with a direction to the Director of Health Services, to consider the request made by the petitioner in Ext.P5 representation dated 5.6.2009 and take a decision thereon expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before him. Sd/- P.N.RAVINDRAN JUDGE ab //True Copy// PA TO JUDGE W.P(C) No. 16013 of 2009-V 3