IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 23386 of 2008(H) --------------------------------------- PETITIONER(S): ------------------------- A.KUNJIKARI, AGED 52 YEARS, S/O.ITTIYATHAN (LATE), ARYAN HOUSE, AROOR-KULAVATTOOR.P.O, MALAPPURAM DISTRICT. (NURSING ASSISTANT, TALUK HOSPITAL, KONDOTTY) BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), MANJERI, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23386/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 29.7.08 ISSUED BY 3RD RESPONDENT. P2:- COPY OF THE G.O.(MS)201/75/HEALTH DT. 3.6.75 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE G.O.(MS) 7/75/HEALTH DT. 7.1.75 ISSUED BY THE IST RESPONDENT (RRELEVANT PORTIONS). P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 8.8.08. /TRUE COPY/ P.A. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------------------------- W.P.(C). No.23386 OF 2008 ----------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT The petitioner is presently working as Nursing Assistant in the Health Services Department. He is aggrieved by Ext.P1 order transferring him from the Primary Health Centre, Kondotty to Government Taluk Hospital, Tirur. The petitioner submits that, he will have to travel more than 55 kilometers and that no grounds exist to transfer him from Kondotty to Tirur. 2. The learned Government Pleader appearing for the respondents on instructions submits that vacancies of Nursing Assistant exist at Manjeri and that of the petitioner is willing to be posted at Manjeri, necessary orders in that regard will be issued by the District Medical Officer of Health, Manjeri. The learned counsel appearing for the petitioner submits that the petitioner is willing to be transferred and posted in the District Hospital at Manjeri . WP(C)NO.23386/08 2 In the light of the submissions made at the bar, the District Medical Officer of Health, Manjeri is directed to issue orders transferring and posting the petitioner as Nursing Assistant in the District Hospital, Manjeri expeditiously and in any event within one month from the date of receipt of a copy of this judgment. Till then one post of Nursing Assistant in the District Hospital, Manjeri shall not be filled up. P.N.RAVINDRAN, JUDGE sks/-