IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 1211 of 2009(T) ------------------------- PETITIONER(S): --------------- G.L. AJITHAKUMARI, UPPER DIVISION CLERK (NOW UNDER SUSPENSION), GOVERNMENT HOMEO HOSPITAL, ATTINGAL, THIRUVANANTHAPURAM, RES. T.C. 14/961, S.R.A.115, CHENNILODE, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): --------------- 1. THE DIRECTOR OF HOMEOPATHY, THIRUVANANTHAPURAM, 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1211/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of January, 2009 J U D G M E N T The petitioner is a member of the Scheduled Caste and has contracted an inter caste marriage. It is pointed out that she was transferred from the Directorate of Homoeopathy, Thiruvananthapuram to Government Homoeo Hospital, Attingal based on a draft transfer order dated 15/5/2008, issued by the first respondent. Even though such an order was issued that was not given effect to at that time and she is said to have filed an objection to the transfer order stating that she had undergone an intercaste marriage. According to her, her mother is a cancer patient and is residing with her, and her children are only minors. On 21/07/2008, certain incidents occurred with regard to the agitation against the Social Studies text book of Std.VII and she had an altercation with one of the strikers. It is submitted that pursuant to the said incident Ext.P1 First Information Report was filed in the Fort Police Station, Thiruvananthapuram. It appears that thereafter, she received a relieving order by Ext.P2. According to the petitioner, it is only to satisfy the demands of certain union leaders. Against Ext.P2 she filed W.P.(C).No.22770/2008, and as directed by this Court, she filed an appeal W.P.(C) No.1211/2009 -:2:- against Ext.P2, which is pending even now (Ext.P3). Presently, the grievance raised by the petitioner is that, as per Ext.P8 she has been suspended form service pending disciplinary action. According to the petitioner the suspension is ordered without any justification and, challenging the order of suspension, she has filed Ext.P9 appeal before the Government followed by Ext.P10 reminder. 2. It is stated that the said appeal is pending without any action on the part of the first respondent. Since the matter is pending before the Government, I am of the view that the Government be directed to consider and pass orders on Ext.P9 after affording an opportunity of hearing to the petitioner. The same shall be done within a period of six weeks from the date of receipt of a copy of the judgment. 3. It is further pointed out that she is not getting subsistence allowance. The competent authority will see that the due allowance to the petitioner is disbursed without any delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms