IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27078 of 2009(D) -------------------------- PETITIONER(S): --------------- DR.SNEHA P.S, AGED 34, W/O.AMRITA RAJ, NAMBISSERIL, KADAKKARA PALLY PO, CHERTHALA, ALAPPUZHA DIST. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF HOMEOPATHY, THIRUVANANTHAPURAM. 3. DR.T.R.RAMESH BABU, GOVERNMENT HOMEO DUSPENSARY, EDIKATTUVAYAL, ERNAKULAM. GP ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27078/2009 -------------------- Dated this the 25th day of September, 2009 JUDGMENT Petitioner, a doctor in the Department of Homeopathy is currently stationed at the Government Homeo Dispensary at Arthatt in Thrissur district. She is on maternity leave which is due to expire in November 2009. She is a native of Alapuzha district. By Ext.P3 draft list, she was to be posted at Perumbalam in Alapuzha district. But on a final list having been published, it was found that the 3rd respondent is accommodated in the said post and the petitioner is posted at Edakkattuvayil in Ernakulam district. She challenged the same in W.P.(C).17025/2009 before this Court. This Court directed the petitioner to approach the Government as per Ext.P5 judgment. Petitioner's request before the Government has been dealt with under Ext.P7 order, which has been challenged in this writ petition. Paragraph 4, 5 and 6 of Ext.P7 reads as follows:- As per the above report Dr. Ramesh Babu, Medical Officer had submitted an W.P.(C).27078/2009 2 application for getting transfer to Government Homeo Dispensary, Perumbalam, Alapuzha district during General Transfer 2008 which was not considered during General Transfer 2008 for want of vacancy and hence his request for transfer to Government Homeo Dispensary, Perumbalam, has been considered during General Transfer 2009. Further the Director of Homeopathy stated that Dr.Ramesh Babu has a total outstation service of 10 years while Dr.Sneha, P.S has only 4 years and 8 months. During the hearing Dr.P.S.Sneha deposed that she is having twin female infants and in order to look after them she requested for a posting at Government Homeo Dispensary, Perumbalam. Now Dr.Sneha P.S is on Maternity leave and it will be over by November 2009 only Government have examined the matter in detail and found that Dr.Ramesh Babu is eligible to get transfer to Government Homeo Dispensary, Perumbalam as per existing rules. But the Director of Homeopathy reported that Dr.Sneha P.S who is on Maternity leave is eligible to be appointed in Alapuzha district in the next arising vacancy. W.P.(C).27078/2009 3 2. It cannot be said that the stand taken by the Government is completely unsustainable. I also take note of the fact that currently the petitioner is on maternity leave which is due to expire in November 2009. Petitioner has been directed to be accommodated in the next arising vacancy in Alapuzha district. This shall be followed without fail and it is open to the petitioner to bring to the notice of the Director the vacancy which will next arise in Alapuzha district, in which case petitioner shall be necessarily accommodated therein. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs