IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 16800 of 2008(Y) PETITIONER: --------------------- DR.K.C.KALAKUMARI, THANKACHI, MD, DGO, CIVIL SURGEON(GYNAECOLOGIST), GENERAL HOSPITAL, ERNAKULAM BY ADV. SRI.SIBY MATHEW SRI.MATHEW PAUL RESPONDENTS: -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICES, KERALA THIRUVANANTHAPURAM 3. THE SUPERINTENDENT, GENERAL HOSPITAL ERNAKULAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16800 of 2008 Y ------------------------- Dated this the 19th day of June, 2008. JUDGMENT The petitioner, who is a Civil Surgeon (Gynaecologist) in the General Hospital, Ernakulam, is aggrieved by her transfer to W & C Hospital, Mattancherry. The principal ground taken up in the writ petition is that there is only one post of Civil Surgeon in the Hospital at Mattancherry; but two persons are transferred. 2. On instructions, learned Government Pleader clarified that, apart from the petitioner Dr.Junaid Rahiman is also transferred to Mattancherry and Dr.Junaid Rahiman is a Paediatrician and the petitioner is a Civil Surgeon (Gynaecologist). There are vacancies to accommodate both of them. 3. Learned counsel for the petitioner Mr.Siby Mathew submits that, due to her personal reasons, the petitioner will be put to serious difficulty if she is compelled to take charge at Mattancherry. Reference in this regard is made to the additional documents, Exts.P5, P6 and P7, which show that the petitioner is suffering from W.P.(C).NO.16800/08 :: 2 :: demyelination dorsal cord with spinal problem and has undergone treatment in the Lakeshore Hospital and is undergoing treatment in the Amrita Institute of Medical Sciences and Research Centre. There is substance in her contention that she would be put to difficulties if she is transferred to Mattancherry. 4. But, learned Government Pleader submits that the person, who has been posted in the General Hospital at Ernakulam, in the place of the petitioner is another Civil Surgeon Dr.Beena Devi, who has been under treatment for Carcinoma Thyroid. Apparently, she had sent a requisition to the Government for a transfer to General Hospital, Ernakulam to avail the facility in the Oncology Department of General Hospital in case of any emergency. It is taking note of this request, that Dr.Beena Devi is decided to be accommodated at the General Hospital, Ernakulam. 5. Though I am not in a position to interfere with the order of transfer as such, in my view, the petitioner's request in Ext.P4 may be considered by the Government seriously and if there is any way to accommodate her to redress W.P.(C).NO.16800/08 :: 3 :: her grievance, the same shall be definitely done by the Government. 6. In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P4, within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner is free to supplement Ext.P4 with any other representation and also give any other option, which might be suitable to her. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge