IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 WP(C).No. 12652 of 2011(F) -------------------------------------- PETITIONER: ------------------ P.M.LEELAMMA, VADAKKEMANIYANKUNNEL, MANJOOR P.O., KOTTAYAM DISTRICT-686603. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS: ----------------------- 1. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOTTAYAM-686002. 2. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KURUPPUMTHARA, KOTTAYAM, PIN-686 503. 3. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, UDAYANAPURAM, KOTTAYAM, PIN- 686 143. 4. V.P.LALITHAKUMARI, LADY HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, UDAYANAPURAM, VAIKOM- 686 143. R1 BY GOVERNMENT PLEADER SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 12652 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2011 J U D G M E N T Petitioner has filed this writ petition challenging Ext.P1 order of the 1st respondent. She has been transferred from Primary Health Centre, Kuruppumthara, to Primary Health Centre, Udayanapuram. Learned Government Pleader on instructions submits that, pursuant to Ext.P1 transfer order, the petitioner has been relieved and that the incumbent who has been transferred in her place has already taken charge. The learned counsel for the petitioner submits that the entire process of taking charge has been stage managed so as to face this Court with a fait accompli. The learned Government Pleader on the other hand submits that the place to which the petitioner has now been transferred is also within the Kottayam District and is only 20 kilometers away from Kuruppanthara. The transfer of the petitioner has been made for the reason that the petitioner has been continuing in her present place of posting for more than three years. At the same time, care has been taken to ensure W.P.(C) No.12652 of 2011-F -2- that the petitioner was not transferred to a far place, considering her physical ailments. 2. Counsel for the petitioner contends that the petitioner is suffering from a degenerative disease of the cervical spine, which disables her from travelling. Therefore, it is contended that she should not have been transferred. It is also contended that her name had not figured in Ext.P2 provisional list that was published and consequently, the guidelines have been violated. The right of appeal provided to the petitioner, is also alleged to have been denied. 3. I notice that the transfer of the petitioner has been made within Kottayam District itself, to a place that cannot be said to be far away from her present place of posting. She has been continuing in her present place of posting for more than three years and the authorities have taken care to see that her interests are protected. Ext.P1 transfer order states that her transfer is on grounds of administrative necessity. Nothing has been placed before me to doubt the genuineness of the said statement in Ext.P1. Therefore, I do not find any ground to interfere with the transfer order. In fact, W.P.(C) No.12652 of 2011-F -3- the counsel for the petitioner submits that Ext.P6 representation is pending before the first respondent. In view of the fact that the grievances of the petitioner are pending consideration of the first respondent, I direct the first respondent to consider Ext.P6 and to pass appropriate orders thereon, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. This writ petition is accordingly dismissed with the above observations. Sd/- K. SURENDRA MOHAN JUDGE //TRUE COPY// P.A. TO JUDGE KRJ