IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18205 of 2010(A) -------------------------- PETITIONER(S): --------------- DR.AMITA J DAS, MBBS, MS, DGO, AGED 35 YEARS, W/O.P.S.KANNAN, JUNIOR MEDICAL CONSULTANT, OBSTETRICS AND GYNECOLOGY DEPARTMENT, TALUK HEAD QUARTERS, ALATHUR, PALAKKAD, RESIDING AT "MANIKKOODARAM", NEAR GOVERNMENT HOSPITAL, CHALAKKUDY. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.R.RANJITH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM 3. THE DISTRICT MEDICAL OFFICER (HEALTH) TRISSUR. 4. THE DISTRICT MEDICAL OFFICER (HEALTH) PALAKKAD. 5. DR.VINEETHA, JUNIOR MEDICAL CONSULTANT, TALUK HEAD QUARTERS HOSPITAL, CHALAKKUDY. BY GOVT. PLEADER SRI. ARAVINDHKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.18205 OF 2010 (A) -------------------------------------------------- Dated this the 15th day of June, 2010 J U D G M E N T Petitioner is an Assistant Surgeon. She was posted at Chalakkudy and from there she was transferred to Alathur and has now been transferred to Pattambi. According to the petitioner the places opted by her are Iringalakkuda, Chalakkudy and Alathur. It is stated that these options have been overlooked. She also contends that under the guidelines liability for transfer is only on completion of 3 years in the same station and that the said period has not been completed by her. She also states that she is on maternity leave and she ought to have been posted in the same station. 2. As far as the options exercised by the petitioner are concerned, according to the Government Pleader, in the places opted by the petitioner persons seniors to the petitioner are posted. If that be so, petitioner cannot have the grievance that the options have been overlooked. 3. In so far as her claim for entitlement to remain in the same station for 3 years and posting in the same station being on WPC.No. 18205/2010 :2 : maternity leave is concerned, such concessions are regulated by the Government Orders. These orders, at best, have the force of guidelines and in exigencies of service, if they are departed from, the same cannot be faulted. In this case, posting of the petitioner is as part of implementing the Government policy regarding constitution of specialty cadre and not as a part of general transfer. Therefore, exigencies of service are made out and the applicability of guidelines governing general transfer is also open to doubt. However that does not mean that she does not have any grievance or that her grievances should not be examined. 4. Therefore, I direct that it will be open to the petitioner to move the Director of Health Services highlighting her grievances. It is directed that if the petitioner makes a representation as above, within 2 weeks from today, the 2nd respondent shall consider the same and pass orders thereon within 2 weeks thereafter. Writ Petition is disposed of as above. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 18205/2010 :3 :