IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 7633 of 2009(Y) ------------------------------------- PETITIONER(S): ------------------------ DR.SABEENA NADEER, CIVIL SURGEON, DISTRICT HOSPITAL, PALAKKAD. BY ADVS. MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 7633 of 2009 --------------------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner is aggrieved by the order of transfer Ext.P3. As per Ext.P3, the petitioner who is presently working as Civil Surgeon, District Hospital, Palakkad is transferred to Taluk Head Quarters Hospital, Mannarkkad to provide the service of Gynaecologist over there on the ground that she is working at District Hospital, Palakkad since 4.7.2000. 2. Petitioner has pointed out various aspects to justify her the continuance in Palakkad. Petitioner submits that she opted the speciality cadre as her promotion in the normal line to the Deputy Director of Health Services was overlooked and her juniors have already been promoted. It is therefore, pointed out that the petitioner ought to have been retained in Palakkad. 3. The learned Government Pleader on instructions submits that the petitioner has been working in the District Hospital, Palakkad since 4.7.2000. She is the senior most Civil Surgeon having speciality in Gyneacology. Govt. Hospital, Mannarkkad is facing acute shortage of Gyneacologist. Many wpc:7633 of 2009 2 requests and complaints have been raised for providing a Gynaecologist at Govt. Hospital, Mannarkkad. It is further pointed out that as far as the Distrct Hospital, Palakkad is concerned, now there are four Gyneacologists and therefore, she being the senior most and who has been continuing there from 4.7.2000 has been transferred. It is submitted that there is clear administrative exigencies. 4. The learned counsel for the petitioner submits that the petitioner has already filed a representation Ext.P5 dated 6.3.2009 to the Government seeking to reconsider the order of transfer. It is prayed that the Government may be directed to consider the same. In the result, the writ petition is disposed of directing the first respondent to consider Ext.P5 and pass appropriate orders thereon within a period of one month from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps