IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 17615 of 2010(B) -------------------------- PETITIONER(S): --------------- K.M.PUSHPAKUMARI, HEAD NURSE, E.K.NAYANAR MEMORIAL GOVERNMENT WOMEN & CHILDREN HOSPIAL , MANGATTUPARAMBA, KANNUR. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER,KANNUR 4. THE SUPERINTENDENT , E.K. NAYANAR MEMORIAL GOVERNMENT WOMEN & CHILDREN HOSPITAL MANGATTUPARAMBA ,KANNUR. BY GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).17615/2010 -------------------- Dated this the 8th day of June, 2010 JUDGMENT Petitioner was appointed as Staff Nurse Gr-II at the Medical College Hospital, Kottayam, on 8.12.1992. On a request made by her, she was allowed inter district transfer and by order dated 29.5.1998, she was transferred and posted at Primary Health Centre, Cherukunnu, Kannur. Subsequently she has earned promotions and is presently working as Head Nurse at E.K.Nayanar Memorial Government Women and Children Hospital, Mangattuparamba, Kannur. 2. She was issued Ext.P2 notice proposing to re-assign her seniority for the reason that seniority was assigned to her without taking into account the fact that she was an inter district transferee. She filed Ext.P3 objection and by Ext.P4, her seniority has been re- assigned and as a consequence, she is ordered to be reverted. It is challenging Ext.P4, the writ petition has been filed. 3. Admittedly, on an application made by the petitioner she had W.P.(C).17615/10 2 availed of inter district transfer. If that be so, she should have been treated as junior most of the transferred unit, viz, Kannur. According to the respondents, it was without taking into account, she was assigned seniority and given promotions. It was this mistake which is now sought to be corrected by Ext.P4. On facts, these are correct and if so, there is nothing illegal in the impugned order warranting interference. I do not find any illegality in Ext.P4. Writ petition is accordingly dismissed. ANTONY DOMINIC, Judge mrcs