IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 29261 of 2009(C) -------------------------- PETITIONER(S): ----------------------- SHEELAKUMARI P.B., STAFF NURSE GRADE I, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, PRESENTLY RESIDING AT 'NIRMALYAM', AVALOOKUNNU P.O., ARYAD SOUTH, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HEALTH & FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. DISTRICT MEDICAL OFFICER, ALAPPUZHA. 3. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. DEEPA.L., STAFF NURSE, PRIMARY HEALTH CENTRE, MARARIKULAM, ALAPPUZHA. ADV. SRI.C.V.MANUVILSAN FOR R4 GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29261 OF 2009 (C) ===================== Dated this the 2nd day of November, 2009 J U D G M E N T Petitioner is a Staff Nurse working in the Women and Children Hospital, Alappuzha. 2. By submitting Ext.P1 to the 2nd respondent, she opted for a transfer to T.B. Centre, Alappuzha, Aryad P.H.C or Mannanchery P.H.C. According to the petitioner, if she is posted in any of the opted stations, she need not attend night duty and therefore she can take care of her young daughter. Petitioner submits that without considering her options, the 4th respondent has been posted to T.B.Centre, Alappuzha and she is retained at the Women and Children Hospital, Alappuzha, where she is continuing to attend night duty. It was in these circumstances, the writ petition is filed. 3. Counsel submits that even as of now, there are vacancies available at Aryad and Mannanchery Primary Health Centres and therefore the 2nd respondent may consider her options with reference to the aforesaid two locations. 4. If as stated by the petitioner, there are vacancies WPC 29261/09 :2 : available in the aforesaid two places which are required to be filled up, there is no reason why the option exercised by the petitioner with respect to those places should not be considered. 5. Therefore, I direct the 2nd respondent to consider the petitioner's option to Aryad and Manancherry Primary Health Centres in accordance with Rules. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. 6. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp