IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 28859 of 2010(F) ------------------------ PETITIONER : ------------------ DR.ANNIE TRESA V.J., CONSULTANT IN OBSTETRICS AND GYNAECOLOGY, DISTRICT HOSPITAL, KOTTAYAM. BY ADVS. SRI.A.V.THOMAS SMT.M.M.JASMIN SRI.NIDHI SAM JOHN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, RED CROSS ROAD,THIRUVANANTHAPURAM, PIN – 695 001. R1 & R2 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28859 of 2010(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF G.O. (MS) NO. 601/2010/H & FWD DATED 13.09.2010 ISSUED BY THE FIRST RESPONDENT. EXT.P2 : COPY OF REPRESENTATION DATED 16.09.2010 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S.SIRI JAGAN, J. ----------------------------------------- W.P.(C) NO.28859 OF 2010 ---------------------------------------- Dated this the 21st day of October, 2010. JUDGMENT The petitioner entered Health Service Department of the Government of Kerala as an Assistant Surgeon in February, 1996. Presently she is working as Consultant in Obstetrics and Gynaecology in District Hospital, Kottayam. Her husband is working as Anaesthetist in Taluk Head Quarters Hospital, Aluva. He has to be available in the hospital round the clock in view of the nature of his duties. The petitioner has two minor daughters, one studying in the 10th standard and the other in the 6th standard in Lourdes Public School, Kottayam. Petitioner was posted as Assistant Surgeon in Community Health Centre, Elappully, Palakkad district on 06.06.2009 and on 14.09.2009 she was transferred to Government Hospital, Koothattukulam as Civil Surgeon. Thereafter she was transferred to the District Hospital, Kottayam on 01.06.2010 in specialty cadre where she is working at present. By Ext.P1 order she has again be transfered to Taluk Head Quarters Hospital, Kanjirapally. She is challenging that transfer. W.P.(C) NO.28859 OF 2010 2 2. According to the petitioner she has been subjected to more than 4 transfers within a period of 15 months, as a result of which the education of children is in total disarray. Petitioner now submits that if she is now asked to go to Kanjirappally in the middle of the academic year the children would suffer especially when her husband is in Aluva. Petitioner therefore seeks the following reliefs:- “a) issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P1 order in so far as the petitioner is concerned; (b)issue a writ of mandamus or other appropriate writ, order or direction to respondents not to transfer the petitioner pursuant to Ext.P1 order;” 3. A counter affidavit has been filed by the second respondent along with I.A.No.14444 of 2010 seeking to vacate the interim order. According to him, the transfer is purely on exigencies of service as a result of the provisions in the Government order creating Speciality Cadres. Petitioner is a Junior Consultant in Obstetrics. In view of the fact that there are other persons who have better claims for posting at Kottayam in the particular speciality, the petitioner had to be transferred is the case of the 2nd respondent. 4. I have considered the rival contentions in detail. Even W.P.(C) NO.28859 OF 2010 3 assuming that the statements in the counter affidavit are fully correct, I am of opinion that petitioner should not be subjected to the present transfer in the middle of the academic year. The Government should also be concerned about the welfare of the family of the Government employees. Petitioner has already suffered 3 transfers after May, 2009. Naturally the education of the petitioner's children would suffer seriously because of the transfers, especially since her husband has to be always at Aluva. Now again if the petitioner is transferred to Kanjirappally naturally in the middle of the school year, the children would be put to further difficulties in respect of their education. As such I am of opinion that the petitioner should be allowed to continue in the present station at Kottayam till at least the end of the present academic year. Accordingly this writ petition is disposed of with a direction to the respondents not to transfer the petitioner from the District Hospital, Kottayam at least till the end of this academic year. S.SIRI JAGAN, JUDGE. mns