IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 4219 of 2009(B) ------------------------- PETITIONER: --------------- DR.SUCHETHA, ASST.SURGEON(ON LEAVE), PUBLIC HEALTH CENTRE,MANKADA,MALAPPURAM.RESIDING AT VAYAPPARA MADAM,MANJERI(PO),MALAPPURAM (DT). BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMIL WELFARE (E)DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER(HEALTH), MALAPPURAM,MANJERI(PO),MALAPPURAM (DT). 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.4219 of 2009 -------------------------- Dated this the 6th March,2009 J U D G M E N T The main relief sought for in the writ petition is one relating to the order passed by the 2nd respondent rejecting the application for Leave Without Allowances submitted by the petitioner. Petitioner is a specialist in Gynaecology working as Assistant Surgeon at Public Health Centre in Mandakada since 19.7.2007. She entered service on 11.9.1997. She is a residing at Manjery with her husband, mother and two minor children. Her husband is a practising Lawyer at Manjeri. The District Hospital, Manjeri is only at a distance of one kilo metre away from the petitioner's residence. As she was finding it inconvenient for attending the duties at Mankada, she was submitting various applications seeking for transfer to the the District Hospital, Manjeri. This is evidenced by Exhibits P1 and P2. Since there was no response to the representations, she filed an W.P ( C) No.4219 of 2009 2 application for Leave Without Allowances for two year period from 11.12.2008, as per Exhibit-P3 especially since her mother aged 81 was laid up. That was rejected by Exhibit-P4. It is submitted that the petitioner has rejoined duty at Mankada. Learned counsel for the petitioner submitted that subsequently she came to understand that there is a vacancy in the District Hospital, Manjeri and accordingly, the petitioner has already filed a representation on 22.1.2009 to the Director of Health Services through the District Medical Officer and the same has already been forwarded by the District Medical Officer as per Covering letter dated 22.1.2009 itself. If a transfer is ordered accordingly, the petitioner will be benefitted. It is therefore prayed that the authorities may be directed to favourably consider her request before filling up the vacancy. Learned counsel for the petitioner also submitted that the petitioner may be allowed to move the District Medical Officer for granting appropriate leave for the period she could not attend duties at Mankada. If such an application is W.P ( C) No.4219 of 2009 3 submitted, the 2nd respondent will consider the same and take appropriate action as enjoined by the Rules in the matter. In that view of the matter, the Director of Health Services will consider the request of the petitioner dated 22.1.2009 for a transfer and posting to District Hospital, Manjeri in accordance with the guidelines. Appropriate action will be taken in the matter and orders will be communicated to the petitioner within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.4219 of 2009 4 W.P ( C) No.4219 of 2009 5