IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 19952 of 2008(A) --------------------------------------- PETITIONER(S): ------------------------- DR.K.C.KALAKUMARI THANKACHI,MD,DGO CIVIL SURGEON(GYNACOLOGIST) GENERAL HOSPITAL, ERNAKULAM BY ADV. MR.MATHEW PAUL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICES, KERALA THIRUVANANTHAPURAM 3. SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM. 4. DR.GIRIJA CIVIL SURGEON (GYNAECOLOGIST) GENERAL HOSPITAL, ERNAKULAM 5. DR.RAJESWARI, GYNAECOLOGIST, GENERAL HOSPITAL, ERNAKULAM 6. DR.RAJENDRA PRASAD, CIVIL SURGEON, GENERAL HOSPITAL, ERNAKULAM 7. DR. P.A MUHAMMED ALI, ORTHOSURGEON, GENERAL HOSPITAL, ERNAKULAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 TO 3 ADVS. MR.T.A.UNNIKRISHNAN FOR ADDL.R7 MR.P.P.BIJU FOR ADDL.R7 MR.P.K.IBRAHIM FOR R6 SMT.K.P.AMBIKA FOR R6 MR.THOMSTINE K.AUGUSTINE FOR R6 MR.C.N.GOPAKUMAR FOR R6 MR.K.HARILAL FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.19952/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE WPC. NO.16800/08 OF 2008. P1(a):- COPY OF THE ADDITIONAL AFFIDAVIT IN WPC. NO.16800/08 OF 2008. P2:- COPY OF THE ORDER DT. 9.6.08 OF THIS HONOURABLE COURT IN WPC. NO.16800 OF 2008. P3:- COPY OF THE JUDGMENT DT. 19.5.08 IN WPC. NO.16800 OF 08. P4:- COPY OF THE REPRESENTATION DT. 26.6.08 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P5:- COPY OF THE ORDER NO.A1-3996/08 DT. 27.6.08 OF THE 3RD RESPONDENT. P6:- COPY OF THE APPLCIATION FOR LEAVE, SENT BY FAX AT ABOUT 11.00 PA.M. ON 1.7.08 BY PETITIONER. P7:- COPY OF THE RELIEVING ORDER, RECEIVED ON 2.5.08 NO.A1- 3996/08/SUPDT/GH/EKM CLANDESTINELY SHOWING THE DT. 30.6.08 FROM THE 3RD RESPONDENT DISPATCHED AT 5.49 P.M. ON 1.7.08 RELIEVING PETITIONER OF HER DUTIES AT GH ERNAKULAM WITH EFFECT FRM 1.7.08. P8:- COPY OF THE LAPAROSCOPIC TRAINING CERTIFICATE ISSUED BY SAID DR.PAUL. P9:- COPY OF THE ORDER NO.C5-12759/2005/DMO(H) /EKM DT. 4.5.07 , OF THE DISTRICT MEDICAL OFFICER OF HEALTH, ERNAKULAM. P10:- (EXT.R6(b) G.O.( RT) NO.1934/08/G & FWD DT. 30.5.08, ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE LETTER DT. 13.1.05 SENT BY THE DISTRICT MEDICAL OFFICER TO THE DIRECTOR OF HEALTH SERVICE. R4(b):- COPY OF THE MINUTES DT. 9.4.07 OF THE WORKSHOP CONDUCTED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE. R6(a):- COPY OF THE PROVISIONAL TRANSFER ORDER PUBLISHED ON 5.5.08. R6(b):- COPY OF THE FINAL GENERAL TRANSFER ORDER DT. 30.5.08. R6(c):- COPY OF THE ORDER DT. 19.6.08 TRANSFERRING 6TH RESPONDENT AND OTHERS. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 19952 of 2008 -------------------------- Dated this the 4th March,2009 J U D G M E N T This writ petition is filed challenging the steps taken to transfer the petitioner from the General Hospital Ernakulam to the W&C Hospital, Mattancherry. In the interim order dated 23.7.2008 it was recorded that the Government has rejected the petitioner's appeal and the petitioner was directed to go and join the W&C Hospital, Mattancherry. 2. The said order is not seen challenged in this writ petition. It is reported that the petitioner is now working as Superintendent of the W&C Hospital, Mattancherry. Since the said order passed by the Government is not challenged in this writ petition, at this stage, there is no subsisting grievance to be examined here. Hence the writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma 2 3