IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 34741 of 2008(J) -------------------------- PETITIONER: --------------- SALIAMMA MATHEW, AGED 48 YEARS, W/O. (LATE) ABRAHAM, KOTHAKULATTHU HOUSE, MANIMOOLY P.O., PALAD, MALAPPURAM DIST, STAFF NURSE, PRIMARY HEALTH CENTRE, CHOKKAD, MALAPPURAM. BY ADV. SRI.P.GOPINATH RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTE BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), MALAPPURAM. 4. THE DISTRICT MEDICAL OFFICER (HEALTH), KOZHIKODE. BY GOVERNMENT PLEADER SRI.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.34741 of 2008 -------------------------- Dated this the 16th January,2009 J U D G M E N T Aggrieved by Exhibit-P5 order issued by the Government directing that petitioner may be reverted to Kozhikode district from Malappuram district, petitioner has filed this writ petition. 2. She was working as a Staff Nurse previously in Kozhikode district and presently she is working at the Primary Health Centre, Chokkad in Malappuram district. She entered service as a Staff Nurse in the year 1989. At that time she was posted at Kozhikode district. She was granted leave without allowances for taking employment abroad as per Exhibit-P1 order dated 16.6.1990. That was being extended from time to time till the year 2005. Exhibit-P2 is the last order by which the period of leave was extended. 3. For rejoining service, she submitted a representation to the Hon’ble Minister for Health seeking W.P ( C) No.34741 of 2008 2 for a posting in Malappuram District. According to the petitioner, she was directed to report before the District Medical Officer Malappuram for further action in the matter. This is evidenced by Exhibit-P3. Accordingly she reported before the District Medical Officer (Health) Malappuram. By Exhibit-P4 she was permitted to rejoin duty and she was posted as Staff Nurse at the Primary Health Centre, Chokkad. 4. Government in Exhibit-P5 reviewed the permission granted to the petitioner to join Malappuram as improper as she was recruited as Staff Nurse as advised by the Public Service Commission in a District wise recruitment in Kozhide district. Therefore, the Government was of the view that she has to report before the District Medical Officer Kozhikode for getting a suitable posting on the expiry of the sanctioned L.W.A. 5. This Court by interim order dated 25.11.2008 ordered status quo to be maintained as on that date pending the writ petition. That was being extended from time to time. W.P ( C) No.34741 of 2008 3 6. Today, when the matter came up for hearing, learned counsel for the petitioner requested for an opportunity to file a representation before the Government seeking appropriate orders afresh. If the petitioner files such a representation before the Government within 10 days from today, the same shall be considered and appropriate orders, in accordance with law, will be passed within a further period of one month from the date of receipt of the representation. Till orders are passed on the representation to be submitted by the petitioner as directed above, the interim order granted by this Court will continue. Petitioner will be offered a personal hearing before the matter is disposed of. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.34741 of 2008 4 W.P ( C) No.34741 of 2008 5 W.P ( C) No.34741 of 2008 6 W.P ( C) No.34741 of 2008 7