IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 24813 of 2009(V) -------------------------- PETITIONER(S): ------------------ 1. S.JAYASREE, JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC TRIKKANNAPURAM. 2. K.S.OMANA, JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC PERUMPADAPPU, MALAPPURAM. 3. MARIAMMA.K.S., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC MARANCHERY (OLD), MALAPPURAM DISTRICT. 4. B.K.THAHIZA BEEVI, JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC ALANKODE, NANNAMUKKU P.O., CHANGRAMKULAM. 5. GEETHAKUMARY.T., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC MARANCHERRY. 6. SUDHA.A., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC KOTTAKKAL, MALAPPURAM DISTRICT. 7. ELSAMMA.V.L., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC PERUMPADAPPU. 8. ELSAMMA.P.K., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC ALANKODE, NANNAMUKKU P.O., CHANGRAMKULAM. 9. P.K.VIJAYAMMA, JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC KUTTIPURAM. WP(c) No.24813/09 -2- 10. K.SANTHAKUMARI, JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC TRIKKANAPURAM. 11. SHEEBA KUMARI.R., JUNIOR PUBLIC HEALTH NURSE GRADE I, TALUK HEAD QUARTERS HOSPITAL, TIRUR. 12. ANSAMMA JOSEPH, JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC VETTOM. 13. SARAMMA.M., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC VETTOM. 14. LEKHA.K., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC EDARIKODU, MALAPPURAM DISTRICT. 15. REMA.P.T., JUNIOR PUBLIC HEALTH NURSE GRADE I, PHC KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.T.A.SHAJI SRI.M.P.GANGADHARAN SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24813 OF 2009 (V) ===================== Dated this the 10th day of November, 2009 J U D G M E N T Petitioners are Junior Public Health Nurses Grade I. At the time when the writ petition was filed, they were all working at Malappuram District. They had applied for transfer to Kottayam, Pathanamthitta and Alleppey Districts. Their claims were not considered and therefore the writ petition was filed. 2. During the pendency of the writ petition, requests made by the petitioners 1,4,5,10 and 12 have been considered and therefore they have no further grievance. 3. In so far as the remaining other writ petitioners are concerned, counsel for the petitioners submit that they all have applied for transfer to Kottayam District and that they are entitled to be considered. 4. A statement has been filed on behalf of the 2nd respondent. In para 6 of the statement, it is stated that 55 applications from Junior Public Health Nurses Grade I are pending for transfer to Kottayam District for want of vacancies. It is stated that there were 10 vacancies and that those vacancies have been WPC 24813/09 :2 : filled up and 45 requests are still remaining to be considered. 5. This contention of the 2nd respondent is sought to be answered by the counsel for the petitioners referring to Ext.P22 communication issued by the Office of the District Medical Officer, Kottayam dated 13/7/2009, where it is stated that the cadre strength of Junior Public Health Nurse Grade I and Grade II in the District put together is 339 and that there are 34 vacancies. It is therefore contended that in the light of the vacancies so indicated to be available, the claim of the petitioners should be considered. 6. Ext.P2 proceedings of the Director of Health Services show that in Kottayam District, the cadre strength of Junior Public Health Nurses Grade I is 113 and Grade II is 226. Petitioners are Junior Public Health Nurses Grade I and therefore, if there are vacancies in that category in Kottayam District, their claims are liable to be considered along with others. Therefore, the writ petition is disposed of directing the 2nd respondent to identify as to whether any vacancy in the category of Junior Public Health Nurses Grade I are available, and if available, consider all the applications which are pending for WPC 24813/09 :3 : transfer to such vacancies. This exercise shall be completed, as expeditiously as possible, at any rate within 6 weeks of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp