IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 16766 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- GEETHA.S,W/O.MR.HARIKUMAR,JUNIOR PUBLIC HEALTH NURSE GR.11,PUBLIC HEALTH CENTRE, BALARAMAPURAM,THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): -------------------- 1. STATE OF KERALA,REP.BY SECRETARY , HEALTH AND FAMILY WELFARE,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. ADDL.DIRECTOR OF HEALTH SERVICES, DEPARTMENT OF HEALTH SERVICE'S OFFICE, THIRUVANANTHAPURAM 695 001. 3. DISTRICT MEDICAL OFFICER, DISTRICT MEDICAL OFFICER'S OFFICE, THIRUVANANTHAPURAM 695 001. BY GOVT. PLEADER SRI.L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16766/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DISCHARGE SUMMARY DATED 15/04/2011 ISSUED BY LORDS HOSPITAL, THIRUVANANTHAPURAM. P2: COPY OF THE ULTRASONOGRAPHY REPORT DATED 20/05/2011 ISSUED BY REGIONAL CANCER CENTRE; THIRUVANANTHAPURAM. P3: COPY OF THE ORDER DATED 28/05/2011 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 18/06/2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 AND 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.16766 OF 2011 -------------------------------------------- Dated this the 21st day of July, 2011 JUDGMENT The petitioner is working as Junior Public Health Nurse Grade II at Primary Health Centre, Balaramapuram under the Health Services Department. As per Ext.P3, the petitioner is transferred and posted to the office of the District Medical Officer at Thrissur. It is challenging Ext.P3 order of transfer that this writ petition has been filed. 2. Prior to the institution of this writ petition, the petitioner has submitted a representation before the second respondent requiring to revoke Ext.P3 order of transfer to the extent it pertains to the petitioner and to accommodate her in Balaramapuram itself. When this matter came up for admission on 22.6.2011, this Court directed the learned Government Pleader to get instruction whether any vacancy is available in Balaramapuram to accommodate the petitioner. The Government Pleader, on instructions, submitted that no vacancy is available in Balaramapuram as asserted by the petitioner. In view of the said position, I am of the view that whether the petitioner could be accommodated in any nearby station W.P.(C) NO.16766/2011 2 after cancelling or modifying Ext.P3 order is a matter to be considered by the respondents. It will be open to the petitioner to prefer a representation for that purpose before the second respondent. In case the petitioner prefers such a representation within two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the second respondent expeditiously, at any rate, within a period of one month thereafter. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16766/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.16766/2011 4