IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28295 of 2008(R) -------------------------- PETITIONER(S): --------------- HASEEBA.P, STAFF NURSE, GRADE I, ESI DISPENSARY, KAJIYARPALLI, RESIDING AT KIZHAKKENAIRUKULANGARA HOUSE, VELLIPARAMBU, MAYANAD.P.O, MEDICAL COLLEGE, KOZHIKODE-8. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. THE DIRECTOR OF INSURANCE MEDICAL SERVICES, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, ESI MEDICAL SERVICES, KOZHIKODE. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.28295 of 2008 ------------------------------- Dated this the 29th September, 2008. J U D G M E N T The petitioner is presently working as Staff Nurse Grade I in ESI Hospital at Feroke. She is a native of Kozhikode. When she was promoted as Staff Nurse Grade I, she sought a posting in the ESI Dispensaries at Chalappuram or at Eranjippalam in Kozhikode District. However, by Ext.P2 order, dated 10.12.2007, she was posted in ESI Dispensary at Hajiyarpalli in Malappuram District. The petitioner had earlier filed W.P.(C) No.6272 of 2008 which was disposed of by Ext.P6 judgment, dated 22.2.2008, with a direction to the first respondent to consider the petitioner's request for a posting either at Chalappuram or Eranjippalam and take a decision thereon. Pursuant to that, by Ext.P7 letter dated 20.5.2008, the first respondent informed the petitioner that as vacancies of Staff Nurse Grade I do not exist in ESI Dispensaries at Chalappuram and Eranjippalam, her request for transfer to the W.P.(C) No.28295/2008 2 said dispensaries cannot be considered for the time being. Later, by Ext.P8 order, petitioner was transferred and posted at ESI Hospital, Feroke. Aggrieved by the said transfer, the petitioner has preferred Ext.P9 representation pointing out that vacancies of Staff Nurse Grade I exist in the ESI Dispensaries at Chalappuram and Eranjippalam, and that she may be given a posting in any one of the said dispensaries. The petitioner has, in this writ petition, prayed for a direction to the first respondent to transfer and post her as Staff Nurse Grade I, in any of the aforesaid dispensaries. 2. I have heard Sri.P.Sreekumar, the learned counsel appearing for the petitioner, and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. Whether petitioner can be accommodated at Chalappuram or Eranjippalam, having regard to the exigencies of service, is essentially a matter for the first respondent to decide. This Court, in exercise of the jurisdiction under Article 226 of the Constitution of India, cannot sit in appeal over the decision taken by the first respondent, in the matter of transfer of employees. W.P.(C) No.28295/2008 3 In these circumstances, the relief sought for by the petitioner cannot be granted. However, having regard to the submissions made at the Bar by the counsel on either side, I dispose of the writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P9, and take a decision thereon, as expeditiously as possible, and at any rate, within one month from the date on which petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.