IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34807 of 2009(U) ----------------------------------------- PETITIONER(S): ------------------------- DR. SUNITHA VISWANATHAN, PROFESSOR AND HEAD OF THE DEPARTMENT,DEPARTMENT OF CARDIOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADVS. MR.ELVIN PETER P.J., SMT.POOJA SURENDRAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURM. 4. DR. A GEORGE KOSHY, PROFESSOR OF CARDIOLOGY, MEDICAL COLLEGE, ALAPPUZHA, NOW UNDER ORDERS OF TRASFER AS PROFESSOR, DEPARTMENT OF CARDIOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 5. DR. SIVAPRASAD, PROFESSOR, DEPARTMENT OF CARDIOLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD R4 BY ADV.MR.J.HARIKUMAR R5 BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, MR.PETER JOSE CHRISTO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34807/2009 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DISCHARGE CARD ISSUED FROM THE RADIATION MEDICINE CENTRE, TATA MEMORIAL HOSPITAL, BOMBAY. P2: COPY OF THE CERTIFICATE ISSUED FROM THE R.C.C., TRIVANDRUM. P3: COPY OF THE BONE DENSITOMETRY REPORT OF THE PETITIONER. P4: COPY OF THE ORDER DTD. 27/05/2009 ISSUED BY THE PETITIONER. P5: COPY OF THE GUIDELINES FOR TRANSFER ISSUED AS PER G.O. DTD. 12/05/1995. P6: COPY OF THE GUIDELINES FOR TRANSFER ISSUED AS PER G.O. DTD. 21/02/2005. P7: COPY OF THE ORDER G.O. DTD. 30/11/2009 ISSUED BY THE GOVERNMENT. P8: COPY OF THE ORDER DTD. 30/11/2009 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34807/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of December, 2009 J U D G M E N T The petitioner is aggrieved by the order by which she has been transferred from Medical College, Thiruvananthapuram to Medical College, Alappuzha and the consequent order by which she is relieved from duty forthwith. 2. A reading of Ext.P7 shows that the order was issued in the light of the fact that a suo moto petition in W.P.(C).No.18112/2005 regarding the malfunctioning of the department of Cardiology, Medical College, Alappuzha was considered by this Court and the Director of Medical Education had to appear in person to explain various aspects before the Bench. While admitting this writ petition, this Court passed an interim order on 03/12/2009 staying the operation and implementation of Exts.P7 and P8 and allowing the petitioner to continue in Medical College, Thiruvananthapuram. The main grounds on which the order of transfer is attacked are the following:- 3. The petitioner is suffering from Thyroid Cancer and she had to undergo a surgery and whole body radiation. Her follow-up treatment is being continued at Regional Cancer Centre, Thiruvananthapuram. She was also diagnosed W.P.(C). No.34807/2009 -:2:- with Osteoporosis. Exts.P1 to P3 have been produced by the petitioner in support of the above plea. It is also pointed out that her husband Dr.Viswanathan, who is now working in a Private Hospital at Thiruvananthapuram, suffered a severe mayo cardiac infarction and he had to undergo Angioplasty surgery and he is also on follow-up treatment at Ananthapuri Hospital, Thiruvananthapuram where there is Cardiac Catha Lab facility. The only child of the petitioner aged 23 is staying in a hostel in Thiruvananthapuram and is undergoing House Surgency. 4. It is pointed out that the physical condition of the petitioner does not permit her to leave from Thiruvananthapuram now and for continued treatment in Regional Cancer Centre, the petitioner has to be in Thiruvananthapuram. 5. In the writ petition, the petitioner has taken various contentions against the retention of the fourth and fifth respondents and the learned counsel appearing for the respective respondents have submitted that there are various aspects which will justify their continuance in Thiruvananthapuram. 6. In paragraph (7) of the statement filed on behalf of the first respondent, it explained that the contention of the petitioner that she is suffering from Thyroid Cancer W.P.(C). No.34807/2009 -:3:- and is under treatment was not brought to the notice of the Government or any authorities. +9The petitioner has not submitted any representation and has not approached the Government earlier pointing out all these aspects. Since, the said fact was not brought to the notice of the Government, the same could not be considered during the issuance of transfer order and finally, it is submitted that it is upto the petitioner to bring all these facts before the Government, if she is aggrieved by the order of transfer. 7. The learned counsel for the petitioner explained that the petitioner was not put to notice of the proposal for transfer and therefore, the petitioner could not bring to the notice of the Government or the Director of Medical Education the facts leading to her ailments and the treatment she is undergoing in Regional Cancer Centre, Thiruvananthapuram. 8. In these circumstances, it is only fit and proper that the Government reconsiders the matter. The petitioner is hereby allowed to file a representation and produce all the materials in support of her pleas before the first respondent. For enabling the Government to do, Exts.P7 and P8 are set aside. The matter will be reconsidered by the Government and appropriate orders will be passed by the W.P.(C). No.34807/2009 -:4:- first respondent, after hearing the parties, within two weeks from today. The petitioner will be allowed to continue at Medical College, Thiruvananthapuram, in the meanwhile. Hearing will be conducted by the first respondent on 18/12/2009 at 3 p.m. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms