IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9591 of 2009(T) ------------------------------------ PETITIONER(S): ------------------------ DR.M.K.SATHY, PROFESSOR AND HEAD OF THE DEPARTMENT, DEPARTMENT OF SAMHITHA SAMSKRITHA & SIDHANTA, GOVERNMENT AYURVEDA COLLEGE, KANNUR. BY ADV. SMT.P.V.ASHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT.HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AYURVEDA MEDICAL EDUCATION, THIRUVANANTHAPURAM. SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.9591 of 2009 ===================== Dated this the 25th day of March, 2009. JUDGMENT Heard Smt. P.V.Asha, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Professor and Head of the Department of Samhitha Samskritha & Sidhanta, Government Ayurveda College, Kannur. She was transferred and posted at Kannur as per Ext.P1 order dated 31.5.2007. The petitioner submits that she is suffering from serious coronary artery disease and is undergoing treatment. She belongs to Tripunithura in Ernakulam District and is also due to retire from service in May, 2010. The petitioner submits that seeking a transfer and posting in Government Ayurveda College, Tripunithura, she has moved the Government by Ext.P3 representation dated 6.2.2009 and also submitted an application in the prescribed form for transfer to Tripunithura during the general transfer for the year 2009-2010. 3. In this Writ Petition, the petitioner inter alia prays for a direction to the Government to consider the request made by her in Ext.P3 on sympathetic grounds and transfer her to Tripunithura. The question whether the petitioner can be transferred as requested by her in Ext.P3 on sympathetic grounds is primarily a matter for the transferring WP(C) 9591/09 -: 2 :- authority to decide. Ext.P2 discloses that the petitioner is undergoing treatment for coronary artery disease. The petitioner is also due to retire from service in May, 2010 going by the age of retirement now in force. In these circumstances, I am of the opinion that the Government should consider the petitioner's request in Ext.P3 sympathetically and take a decision thereon while effecting general transfers for the year 2009- 2010. Accordingly, I dispose of this Writ Petition with a direction to the Government to consider the request made by the petitioner in Ext.P3 while effecting general transfers for the year 2009-2010. P.N.Ravindran, Judge. ess