IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(C).No. 13078 of 2011(H) -------------------------- PETITIONER(S): --------------- DR.S.SHEELA,W/O.ADV.K.RAVIKUMAR,AGED 53 YEARS,MEDICAL CONSULTANT(E N T)TALUK HEADQUARTERS HOSPITAL(NOW DISTRICT HOSPITAL)ALWAYE, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: ----------------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,HEALTH & FAMILY WELFARE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695035. 3. THE SUPERINTENDENT,TALUK HEADQUARTERS HOSPITAL (NOW DISTRICT HOSPITAL),ALWAYE, ERNAKULAM DISTRICT-683101. BY GOVT.PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.13078 of 2011 ------------------------------------------- Dated this the 6th May, 2011 JUDGMENT The petitioner is working as a Civil Surgeon/Medical Consultant (ENT) at the Taluk Hospital, Aluva. As per Ext.P3, she has been transferred to the District Hospital, Manjeri. Ext.P3 shows that no other person has been posted in her place. According to the petitioner, she has completed 53 years of age and is to retire from service within two years. She is suffering from Spondylosis and other diseases. Therefore, on that medical ground also, it is contended that she is entitled to be retained in her present place of posting. Further she is aggrieved by the transfer at the fag end of her career. The counsel for the petitioner points out that the transfer of the petitioner is in violation of the guidelines. 2. The learned Government Pleader points out that the petitioner who is Sl.No.57 in Ext.P3 has been promoted as an ENT consultant as per the said order. Therefore, it is contended that Ext.P7 is a transfer on promotion. The above contention is refuted by the counsel for the petitioner by pointing out that the WPC No.13078 of 2011 2 petitioner has been a Consultant for a long period of time. She has joined the Taluk Hospital, Aluva as a Medical Consultant/Civil Surgeon as evidenced by Ext.P2. Therefore, it is contended that as per Ext.P3, she has not been granted any promotion. The petitioner has submitted Ext.P6 representation to the first respondent setting out her grievances in detail. However, no orders have been passed thereon till date. 3. In view of the fact that the representation of the petitioner is pending consideration of the first respondent, it would suffice if the first respondent is directed to consider and dispose of Ext.P6 on an early date. 4. In the above circumstances, this Writ Petition is disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P6 in accordance with law, as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Pending disposal of Ext.P6, transfer of the petitioner from the Taluk Hospital, Aluva shall remain stayed. sd/- K.SURENDRA MOHAN, JUDGE css/ WPC No.13078 of 2011 3