IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 16615 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------- RUGMINI.K.R,JUNIOR PUBLIC HEALTH NURSE, KOZHIKODE CORPORATION,KOZHIKODE,KOZHIKODE DIST. BY ADV. MR.M.K.DILEEP KUMAR RESPONDENT(S): ---------------------- 1. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. THE SECRETARY,KOZHIKODE CORPORATION, KOZHIKODE,KOZHIKODE DISTRICT. R1 BY GOVT. PLEADER SMT.ANU SIVARAMAN R2 BY MR. K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16615 of 2009 -------------------------------------- Dated 10th July, 2009 JUDGMENT Heard Sri.M.K.Dileepkumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the first respondent. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the second respondent. 2. The petitioner is a Junior Public Health Nurse presently working in Kozhikode Corporation. She was recruited in Thrissur District, where she belongs. She has approximately 24 years of service and according to the learned Government Pleader, for nearly 23 years she was working in Thrissur District itself. The learned Government Pleader also submits that for 20 years the petitioner had served in the Thrissur Corporation/Municipality and for three years in the Chavakkad/Guruvayur/Irinjalakkuda Municipality. She submits that the petitioner had worked at Kozhikode earlier only during the period from 8.9.2008 to 12.11.2008 and that as a temporary measure she was accommodated at Guruvayoor by Ext.P2 order. She also submits that as no vacancy was available in Thrissur District against which the petitioner could be accommodated, her request for transfer WP(C).No.16615/2009 2 was not considered. 3. The petitioner has in the writ petition pointed out that on account of ill-health she is not in a position to work in Kozhikode Corporation. The pleadings disclose that the petitioner has moved the Secretary to Government, Local Self Government Department seeking transfer to Thrissur District. In my opinion, the Government is the best Judge of the situation. The Government have the machinery to ascertain whether vacancies exist against which the petitioner can be accommodated. The Government can also transfer another employee and accommodate the petitioner. These are the measures which this Court exercising jurisdiction under Article 226 of the Constitution of India cannot adopt. In the above circumstances, I dispose of this writ petition with a direction to the Principal Secretary to Government, Local Self Government Department to sympathetically consider the request made by the petitioner in Ext.P7 having due regard to the submissions therein and the averments in this writ petition and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within one month from the date on which the petitioner produces a certified copy of this judgment WP(C).No.16615/2009 3 before the Principal Secretary to Government, Local Self Government Department. P.N.RAVINDRAN Judge TKS