IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 18254 of 2009(B) --------------------------------------- PETITIONER: ------------------- K.C.SWARNAKUMARI,LADY HEALTH INSPECTOR, PUBLIC HEALTH CENTRE,PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN HARIHARAN. RESPONDENTS: ------------------------ 1. DISTRICT MEDICAL OFFICER, MANJERI, MALAPPURAM DISTRICT. 2. ADDITIONAL DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICES(REVIEW COMMITTEE),DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. SMT.M.S.RAMADEVI,LADY HEALTH INSPECTOR, DISTRICT HOSPITAL,MANJERI. 5. SMT.K.N.MOHINI,LADY HEALTH INSPECTOR, CHILD HEALTH CENTRE,MULASSERY,THRISSUR DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18254 of 2009 B =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of July, 2009 JUDGMENT Heard Sri.G.Hariharan, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for respondents 1 to 3. 2. The petitioner entered service as Junior Public Health Nurse Grade-I in Alappuzha District. In course of time, she was promoted to the category of Lady Health Inspector and posted in the Primary Health Centre at Parappanangadi by Ext.P1 order dated 16-9-2006. When applications were invited for effecting general transfers for the year 2009, she submitted Ext.P2 application seeking transfer and posting to Alappuzha District, which is her native district. When Ext.P3 order of transfer was passed, the petitioner was not transferred. The grievance of the petitioner is that respondents 4 and 5 who are juniors to her in service have been accommodated in Alappuzha District. Aggrieved thereby, the petitioner has filed Ext.P5 representation before the Director of Health Services seeking transfer to Alappuzha District. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the third respondent, Director of Health Services to consider the request made by her in Ext.P5 W.P.(C) No. 18254/09 2 representation and take a decision thereon within a time limit to be fixed by this Court. 3. The petitioner's grievance is that when general transfers were effected, her request was not considered. She has also a grievance that respondents 4 and 5 who are juniors to her and had served for lesser period outside Alappuzha District have been transferred back to Alappuzha District. Since the petitioner has already moved the Director of Health Services complaining about the denial of transfer to her, I am of the opinion that she should pursue the said remedy, instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with a direction to the third respondent, Director of Health Services to consider Ext.P5 representation and pass orders thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. The Director of Health Services shall also afford the petitioner a reasonable opportunity of being heard. It will be open to the Director of Health Services to hear any other person/persons, if he is of the opinion that such person/persons should also be heard. P.N.RAVINDRAN, JUDGE. mn.