IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 16976 of 2008(U) -------------------------- PETITIONER: --------------------- MARRY SHEEBA E.I, STAFF NURSE, NEW MEDICAL COLLEGE HOSPITAL, KOZHIKODE, RESIDING AT ST.MARY'S HOUSE, MANAPOIKA, PADAPPAKARA P.O, KOLLAM-691 503. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, KOLLAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16976 of 2008 U ------------------------- Dated this the 9th day of June, 2008. JUDGMENT The petitioner is a Staff Nurse, presently working in the New Medical College Hospital, Kozhikode. She is the mother of two children (twins) aged 2 years. She has requested for a transfer to Kollam District, essentially to look after the children. Her claim was earlier directed to be considered under Ext.P2 judgment. Later, taking note of the fact that relaxation of the 5 year rule is necessary in the case of the petitioner, under Ext.P8 judgment, the Government was directed to take a decision. Government rejected it under Ext.P9. 2. The petitioner points out that, as on date, the relaxation of the 5 year rule is not necessary in the case of the petitioner as she has already completed 5 years of service in Kozhikode District on 7.5.2008. Therefore, her request for a posting in Kollam District can be considered by the Director, it is contended. Ext.P11 request is pending before the Director. With reference to Ext.P12, it W.P.(C).NO.16976/08 :: 2 :: is pointed out that there are another four vacancies of Staff Nurse in Kollam District. Having heard learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of directing the 1st respondent to consider the petitioner's request contained in Ext.P11 within a period of six weeks from the date of receipt of a copy of this judgment. One among the vacancies of Staff Nurse stated to be there in Kollam District may not be finally filled up, till a decision is taken by the Director, as aforementioned. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge