IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 30554 of 2010(T) -------------------------- PETITIONER(S): --------------- RUBY PETER.K., W/O.I.P.RAJU, AGED 50 YEARS, LADY HEALTH INSPECTOR, COMMUNITY HEALTH CENTRE, PINARAI, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-35. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.30554 of 2010 ================== Dated this the 5th day of October, 2010 J U D G M E N T The petitioner is a Lady Health Inspector in the Health and Family Welfare Department of the Government of Kerala. She hails from Ernakulam District. She is now posted at Community Health Centre, Pinarai in Kannur District. She has a daughter, 20 years old, who is 50% disabled. Her daughter is unable to do her daily chores without the assistance of somebody. Now she is with her father. But seeking help from the father for a daughter aged 20 years for her daily routine may be very embarrassing for her and her father. Therefore, with the support of Ext.P1 medical certificate, the petitioner applied for a transfer to Ernakulam so that she can be with her daughter. When general transfers were ordered, her name was not considered. The petitioner filed Ext.P3 objection and pursuant to the direction in W.P. (C).No.11646/2010, the same was disposed of rejecting the petitioner's request, by the Director of Health Services, the 2nd respondent herein. Therefore, the petitioner filed Ext.P6 appeal before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P6 expeditiously. 2. I have heard the learned Government Pleader also. 3. From Ext.P5 I find that the Director of Health Services has w.p.c.30554/10 2 rejected the request of the petitioner for transfer only on the ground that it would violate the guidelines, insofar as the petitioner was posted at Kannur only on 9.9.2009 and there are other senior claimants awaiting transfer to Ernakulam. I am of opinion that notwithstanding the guidelines, the respondents can also afford to show some sympathy to deserving Government servants. The petitioner's plight is certainly one deserving sympathy in all its forms. I am unhappy that the Director of Health Services could not realise the necessity to show sympathy to a deserving Government servant working under him. I hope at least the Government would be more considerate and bestow on the petitioner the sympathy she and her family rightly deserve. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider the claim of the petitioner in right perspective in accordance with the above observations, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.30554/10 3