IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 31970 of 2009(M) -------------------------- PETITIONER(S): --------------- DEEPA S.RANI, LABORATORY TECHNICIAN, COMMUNITY HEALTH CENTRE, VANDIPERIYAR, IDUKKI DISTRICT. BY ADV. SRI.LAL GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM 3. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM 4. DISTRICT MEDICAL OFFICER, HEALTH DEPARTMENT, IDUKKI. 5. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, VANDIPERIYAR. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31970 OF 2009 (M) -------------------------------------------------- Dated this the 18th day of November, 2009 J U D G M E N T Petitioner is working as Laboratory Technician Grd.II, under the Director of Health Services. Consequent on the abolition of dual control system, by Ext.P3 petitioner opted for Medical Education Service, specifying Medical College Hospitals at Thiruvananthapuram and Kottayam as the places opted by her. Her option was accepted and by Ext.P6 she was transferred and posted to Medical College Hospital, Thiruvananthapuram. 2. Petitioner submits that by the time the option was accepted and Ext.P6 order was issued, almost 2 years have elapsed. It is stated that at this stage, if she is to be transferred and posted as ordered in Ext.P6, the education of her school going children will be affected. Therefore she wants to continue in Vandiperiyar where she is presently posted, till 31.3.2010. 3. Learned Government Pleader on instructions submits that the posting as per Ext.P6 is only to a place opted by the petitioner and therefore respondents cannot be faulted. True, the respondents cannot be faulted, but however, as stated, the WPC .No.31970/09 :2 : transfer of the petitioner is in the middle of the academic year and if there is disturbance that will affect the studies of her children. 4. Having regard to this personal inconvenience pointed out by the petitioner I feel that it is matter for the 3rd respondent to consider and pass appropriate orders, redressing the grievance of the petitioner. Therefore, I dispose of this writ petition leaving it open to the petitioner to file an appropriate representation to the 3rd respondent. This shall be done as expeditiously as possible and at any rate within ten days from today. It is directed that, if such representation is filed, the 3rd respondent shall examine the representation and pass appropriate orders in the matter, as expeditiously as possible and at any rate within 4 weeks thereafter. Till orders are passed as above, the interim order passed by this court on 10.11.2009, directing that Ext.P6 will be kept in abeyance will be maintained. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC .No.31970/09 :3 :