IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 23593 of 2008(H) ----------------------------------------- PETITIONER(S): --------------------------- MARY SHIEBA E.I.,STAFF NURSE, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE, RESIDING AT ST.MARY'S HOUSE, MANAPOIKA,PADAPPAKARA P.O.,KOLLAM 691 503. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM 2. THE DISTRICT MEDICAL OFFICER, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH &FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:23593 of 2008 ----------------------------- Dated this 25th day of November, 2008 JUDGMENT Heard Sri.Mohana Kannan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Staff Nurse in the Medical College Hospital at Calicut. She entered service on 7-5-2003. She belongs to Kollam district. On 21-05-2005, she give birth to twins. Since her children were not keeping good health she was desirous of shifting to Kollam to reside along with her parents. She therefore moved the Director of Health Services by Ext.P1 representation dated 7-10-2006 seeking inter district transfer to Kollam. When her request was not attended, to she filed W.P.(C) No.24459 of 2007 in this Court. By Ext.P2 judgment delivered on 9-8-2007 this Court directed the first respondent to consider Ext.P1 and pass orders thereon within 6 weeks from the date of receipt of a copy of the judgment. The petitioner thereafter submitted Ext.P3 representation dated 20-8-2004. By Ext.P4 letter dated 14-9-2007, the first respondent informed the petitioner that there are no reported vacancies of Staff Nurses for inter district transfer in Kollam district. It was also stated that as the petitioner has not completed five years of service in Kozhikode district she is not eligible to seek inter district transfer and that the Government alone can wpc:23593 of 2008 2 sanction inter district transfer on compassionate grounds. The petitioner was also informed that Ext.P1 application has been forwarded to the Government for orders along with letter dated 2-2-2007. 3. The petitioner thereupon filed W.P.(C) No.31698 of 2007 in this Court. By Ext.P8 judgment delivered on 25-10-2007 this Court directed the Government to take a decision in the matter, within two months from the date of receipt of a copy of the judgment. Thereupon by Ext.P9 order dated 27-2-2008 the petitioner’s request for inter district transfer was rejected on the ground that there is no vacancy of Staff Nurse in Kollam district. The petitioner there upon submitted Ext.P1 representation pointing out that vacancies of Staff Nurse exist in Kollam district. She also filed W.P.(C) No.16976 of 2008 in this Court challenging Ext.P9. By Ext.P13 judgment delivered on 9-6-2008 this Court disposed of the said writ petition with a direction to the Director of Health Services to consider Ext.P11 and pass orders thereon within six weeks from the date of receipt of a copy of the judgment. There was also a further direction that till a decision is taken in the matter, one vacancy of Staff Nurse in Kollam district shall not be filled up. The petitioner thereafter moved the Director of Health Services by Ext.P13 representation. By letter dated 8-7-2008, the petitioner’s request was rejected on the ground that eight requests for inter district transfer to Kollam district from Staff Nurses senior to her and yet another request from the dependant of Jawan are pending. The petitioner was also wpc:23593 of 2008 3 informed that she is not eligible as per the existing rules for inter district transfer. Hence this writ petition challenging Ext.P15. 4. The learned counsel appearing for the petitioner submits that the petitioner's first application for inter district transfer was submitted on 7-10-2006 and that the application was earlier rejected on the ground she has not completed five years of service. The learned counsel submits that the said ground can no longer be held out against the petitioner for the reason that she completed 5 years of service on 6-5-2008 and that as admittedly vacancies of Staff Nurse exist in Kollam district, the rejection of her request on the ground stated in Ext.P15 is illegal. The learned counsel also submits that the grounds set out in Ext.P15 are also not tenable. 5. The respondents have filed a statement disputing the averments made by the petitioner. It is however conceded that one vacancy reserved for inter district transfer exists in Kollam district. However, The respondents justify Ext.P15 on the short ground that applications for inter district transfer submitted by eight Staff Nurses who are senior to the petitioner and from the dependant of a Jawan in the quota reserved for service personnel are also pending. However, the dates on which the said applications were submitted is not disclosed. This Court had taking note of the said fact, by order dated 19-11-2008 directed the respondents to produce the applications received from the said eight Staff Nurses. Today when the case came up for hearing Smt.Anu wpc:23593 of 2008 4 Sivaraman, the learned Government Pleader appearing for the respondents submitted that the applications submitted by the said eight Staff Nurses were received later at the time of general transfer during the year 2007-2008 and that as they are senior to the petitioner in service, they are entitled to be preferred in the matter of inter district transfer. 6. Ext.P7 is the Government order which governs inter district transfers. There is no stipulation in Ext.P7 Government order that applications for inter district transfer will be considered based on the date of entry in service. In other words the stand taken by the respondents that the petitioner will have to wait till the requests made by her seniors in service are considered and granted, cannot be sustained in the light of the stipulations in Ext.P7. It is now not in dispute that the petitioner had applied earlier in point of time. Initially her request was declined on the ground that she has not completed five years of service. In the circumstances, having regard to the fact that the petitioner’s application was earlier in point of time than the applications submitted by Staff Nurses senior to her and also for the reason that one vacancy of Staff Nurse in the quota reserved for inter district transfer exists in Kollam district, I am inclined to grant the reliefs prayed for by the petitioner. wpc:23593 of 2008 5 In the result, the writ petition is allowed, Ext.P15 is quashed and the respondents are directed to grant the petitioner inter district transfer to Kollam district. She also be given a suitable posting as Staff Nurse in Kollam district. Orders in that regard shall be passed within one month from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE bps