IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 14496 of 2010(J) -------------------------- PETITIONER(S): --------------- SREELATHA.M.M, OPHTHALMIC ASSISTANT, CHC KANJEETUKARA, PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. CHIEF MEDICAL OFFICER, CHC KANJEETUKARA, PATHANAMTHITTA. 4. DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 5. SULOCHANA, CHC, KULAKADA, KOLLAM. BY GP ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.14496 of 2010 (J) --------------------------------- Dated, this the 31st day of May, 2010 J U D G M E N T The petitioner is working as an Ophthalmic Assistant in the Community Health Centre, Kanjeetukara in Pathanamthitta district. She belongs to Scheduled Caste community. By Ext.P6 order, she has been transferred from Pathanamthitta to Idukki District. It is challenging Ext.P6, this writ petition is filed. 2. The main contention raised is that in terms of Ext.P2, and as per GO(MS) No.34/88/P&ARD dated 11/07/1988, GO(MS) No.198/78/GAD dated 28/04/1978 and GO(MS) No.158/81/GAD dated 19/05/1981, scheduled caste employees like the petitioner are entitled to work in one station for a tenure of minimum 5 years and therefore she should not be transferred outside the district except in certain specified cases. It is stated that it is ignoring the said provision that the impugned order of transfer has been issued. 3. The learned Government Pleader has obtained instructions in the matter and accepts that it was without considering the aforesaid facts that Ext.P6 order was issued transferring the petitioner from Pathanamthitta District to Idukki District. WP(C) No.14496/2010 -2- 4. Admittedly, the petitioner is a member of Scheduled Caste community, and is entitled to have the benefit of concessions extended by the Government in the matter of transfer and postings. Since according to the learned Government Pleader also, these aspects were not taken into account at the time when the order of transfer was issued, I feel it is appropriate that the 2nd respondent should consider the case with reference to the relevant Government Orders referred to above. 5. Therefore, this writ petition is disposed of directing that the 2nd respondent shall consider the case of the petitioner, in the light of the Government Orders referred to above. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is directed that in the meanwhile, interim order dated 6/05/2010 enabling the petitioner to continue at the present station shall remain in force. The petitioner shall produce a copy of this judgment, along with a copy of this writ petition before the 2nd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg