IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 36603 of 2010(A) --------------------------------------- PETITIONER(S): --------------------- SEEMA. V., OPHTHALMIC ASSISTANT SENIOR GRADE, GENERAL HOSPITAL, ERNAKULAM. BY ADV. SRI.THAMPAN THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HEALTH DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 4. THE SUPERINTENDENT,GENERAL HOSPITAL, ERNAKULAM-682 011. 5. AMBILI. P, OPTHALMIC ASSISTATNT, P.H.CENTRE, KUMARAKOM, KOTTAYAM-686 563. 6. VISWASANTHY. C.S., OPTHALMIC ASSISTANT, TALUK HEAD QUARTERS HOSPITAL, P.O.CHERTHALA-688 524. R1 TO R4 BY GOVT. PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36603 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2010 J U D G M E N T The petitioner is working as a Senior Grade Ophthalmic Assistant in the Health Services Department of the Government of Kerala. The petitioner has worked in various stations at Alappuzha, Palakkad, Ottapalam, Ernakulm etc. Her home district is Alappuzha and her house is at Mararikulam. She has got five more years of service. The 6th respondent is junior to the petitioner. The petitioner is also a cancer patient and she is undergoing prolonged treatment from 22.04.2003. She had undergone mastectomy and is presently undergoing chemotherapy and radiation. She has other complications also for which also she is undergoing treatment. The petitioner has been repeatedly making representations for a posting in Alappuzha District in Muhamma, Vettickal or Cherthala because of the illness of the petitioner. The 5th respondent W.P.(C)No. 36603 of 2010 -2- was working at Cherthala in 2007 and she was transferred to Kumarakom during general transfer. Despite the representations filed by the petitioner, the 6th respondent has been given accommodation at Kumarakom from Cherthala and the 5th respondent is transferred from Kumarakom to Cherthala. The petitioner is aggrieved by the same. The petitioner seeks a transfer to her home district. Because of the peculiar circumstances of the case, I directed the Government Pleader to get instructions from the Director of Health services as to whether the petitioner can be accommodated in any place near Cherthala. Today, the learned Government Pleader submits that, he is yet to get instructions. I am of opinion that, this cannot wait further in view of the very serious situation in which the petitioner is. I am satisfied that, the petitioner has made out a prima-facie case for at least sympathetic consideration of her case for a transfer to somewhere near Cherthala. In the above circumstances, this writ petition is disposed of with the following directions: W.P.(C)No. 36603 of 2010 -3- If the petitioner can be accommodated in some vacancy near Cherthala without disturbing respondents 5 & 6, the same shall be done immediately. If the same cannot be done, the 2nd respondent shall consider the claim of the petitioner and respondents 5 & 6 after affording an opportunity of being heard to all the three and pass orders as to who should be accommodated in Cherthala where the 5th respondent is given a transfer and pass appropriate orders thereon, taking into consideration the observations made herein above, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/