IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 17575 of 2008(P) ------------------------------------ PETITIONER: ------------------ MARY SEBASTIAN, AGED 42 YEARS, JUNIOR PUBLIC HEALTH NURSE, C.H.C, MEENANGADI, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS: --------------------- 1. THE DISTRICT MEDICAL OFFICER (HEALTH), WAYANADU. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.17575 of 2008 -------------------------- Dated this the 17th June, 2008 J U D G M E N T Petitioner, who is working as Junior Public Health Nurse, while posted at Meenangadi, was required to give options in the course of General Transfer. She had opted for Vazhavatta. Apparently, the petitioner had recently undergone a surgery and therefore she is not in a position to undertake a long journey. But under Exhibit P4 order of transfer, petitioner has been transferred to Meppady, which is 25 kms away from her residence. It is aggrieved thereby she has filed this writ petition. 2. The transfer as such may not merit an interference. But there is no reason why the authority should not consider the personal reasons applicable to the incumbent The transfer was effected only in the course of General Transfer for the year 2008. There is no reason why the petitioner should not have been considered against the vacancy in Vazhavatta, which according to the W.P ( C) No.17575 of 2008 2 petitioner, lies open even now. In the result, the writ petition is disposed of permitting the petitioner to approach the Director against Exhibit P4 and if she prefers a fresh representation , within a period of ten days from today, the Director shall take note of the petitioner’s personal reasons and consider her claim for a posting in Vazhavatta at least for a temporary period. A decision shall be taken by the 2nd respondent on such representation, within a period of three weeks thereafter. If the vacancy at PHC Vazhavatta is still open on the date on which the petitioner serves a copy of the judgment on respondents 1 and 2 independently, it shall not be filled up till the Director takes a decision on the petitioner’s representation. (V.GIRI, JUDGE) ma W.P ( C) No.17575 of 2008 2 W.P ( C) No.17575 of 2008 2