IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 16177 of 2008(A) PETITIONER: ------------------- K.USHAKUMARI, SR. GRADE REFRACTIONIST/OPHTHALMIC ASSISTANT (ON DEPUTATION), GOVT. OPHTHALMIC HOSPITAL, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HEALTH SERVICES, HEALTH DIRECTORATE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, GOVT. OPHTHALMIC HOSPITAL, THIRUVANANTHAPURAM. 4. R.S.RAMANI, OPHTHALMIC ASSISTANT, PRIMARY HEALTH CENTER, ANJAL, KOLLAM. BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16177 of 2008 A ------------------------- Dated this the 29th day of May, 2008. JUDGMENT The petitioner is aggrieved by Ext.P3 order of transfer, by which she has been transferred from the Regional Institute of Ophthalmology & Eye Hospital, Thiruvananthapuram to the Primary Health Centre, Pizhala, Ernakulam. The petitioner had, even earlier submitted Ext.P6 representation before the Government seeking orders that she be continued in the present station at Thiruvananthapuram and not to be transferred to Ernakulam. Orders are yet to be passed on Ext.P6. It is, in the meanwhile, that the order of transfer, Ext.P3, has been passed by the Additional Director of Health Services. 2. The petitioner refers to Ext.P5 communication from the Secretary to Government, Health and Family welfare (H) Department, wherein the Director of Medical Education has been required to permit the petitioner to continue in the Regional Institute of Ophthalmology & Eye Hospital, W.P.(C).NO.16177/08 :: 2 :: Thiruvananthapuram, till finalisation of the transfer of the employees of the Medical Education Department as part of the abolition of dual control. Learned counsel for the petitioner submits that, in spite of Ext.P5, the Director of Health Services has proceeded to pass Ext.P3 order of transfer. 3. I heard learned counsel for the petitioner Sri.Rajasekharan Nair and learned Senior Government Pleader Sri.P.Nandakumar. 3. In my view, the petitioner's grievance can adequately be redressed by the Government. But I also take note of the fact that the Government has, in Ext.P4 required the Director of Medical Education to permit the petitioner to continue in her present station at Thiruvananthapuram. If this be so, there must be some overriding reason for the Director of Health Services not to have taken note of the wishes of the Government in proceeding to transfer the petitioner. In the result, the writ petition is disposed of as follows: W.P.(C).NO.16177/08 :: 3 :: If the petitioner files an appeal against Ext.P3 within one week from today, it shall be considered by the Government, along with Ext.P6, and orders shall be passed thereon, specifically taking note of the petitioner's contentions on the basis of Ext.P5 as well, within three weeks from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge