IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 19495 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------- MERCY.T.J., STAFF NURSE (RELIEVED), DISTRICT HOSPITAL, KANHANGAD, P.O.BELLA, KASARGOD DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, KANHANGAD. 4. ALICE MATHEW, STAFF NURSE, GENERAL HOSPITAL, KASARGOD. *ADDL.R5 IS IMPLEADED: R5. SMT.MOLY AUGUSTINE, STAFF NURSE, GENERAL HOSPITAL, KASARGOD. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 17/07/2009 IN I.A.NO.8631/2009) R1 TO R3 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.19495 of 2009 -------------------------------------- Dated 17th July, 2009 JUDGMENT Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner who is working as Staff Nurse in the District Hospital at Kanhangad has filed this writ petition aggrieved by her transfer from District Hospital, Kanhangad to General Hospital, Kasaragod. Ext.P1 is the order of transfer passed by the District Medical Officer of Health, Kanhangad. The fifth respondent is the substitute appointed in the place of the petitioner. The petitioner challenges her transfer from Kanhangad to Kasaragode on various grounds. I do not however propose to go into the merits of the various contentions raised by the petitioner for the reason that I find from the pleadings that the petitioner as well as the fifth respondent have moved the District Medical Officer of Health by submitting Exts.P5 and P4 representations respectively, seeking cancellation of the order of transfer and continuance in the existing stations. In Ext.P5, the WP(C).No.19495/2009 2 petitioner has requested the District Medical Officer of Health to retain her at Kanhangad. In Ext.P4, the fifth respondent has requested the District Medical Officer of Health to retain her at Kasaragod. Since both the persons have moved the District Medical Officer to revoke the order of transfer, and as the said request would not affect anybody else, I am of the opinion that the District Medical Officer of Health, Kanhangad should consider whether the petitioner and the fifth respondent can be permitted to remain in their respective stations where they were working immediately prior to Ext.P1 order of transfer. A decision in that regard shall be taken with notice to the petitioner and the fifth respondent within two weeks from the date on which the petitioner produces a certified copy of this judgment before the District Medical Officer of Health, Kanhangad. Till then, the petitioner as well as the fifth respondent shall continue in the stations to which they have been transferred for the reason that the transfer has already taken effect. Their continuance in the transferred stations, would be subject to the orders passed by the District Medical Officer of Health as directed above. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS