IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10911 of 2009(H) -------------------------- PETITIONER(S): --------------- K.P.VALLY, W/O.LATE KUMARAN, AGED 54 YEARS,KUNNUNGAL THODI HOUSE,MECHINE COMPOUND, VANIYAMKULAM.PO,PALAKKAD DISTRICT. BY ADV. SRI.C.S.MANILAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE(C)DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE,TRIVANDRUM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ----------------------------------------- W.P(C).No.10911 of 2009 ----------------------------------------- Dated this the 2nd April, 2009 JUDGMENT The petitioner is presently working as Nursing Superintendent Grade-I, Medical College, Kottayam. She is a native of Palakkad and belongs to Hindu-Cheruman, a Scheduled Caste. The petitioner's husband died on 31.10.2008 due to cancer leaving a large family including four children, who are pursuing their studies. One post of Nursing Superintendent Grade-I became vacant in the Taluk Head Quarters Hospital, Ottappalam on 30.11.2008. Seeking for appropriate accommodation in the said vacancy, as the petitioner is to retire on 31.8.2009, she filed Exhibit P4 request which was forwarded to the Government by the second respondent with Exhibit P5 recommendation. But, to her surprise, an order has been passed by the Government as per Exhibit P6 by way of general transfer granting benefit to various persons, but the case of the petitioner has not been considered. It is pointed out that even though order of transfer was passed as per General Order of transfer dated 2.3.2009, the same has not been implemented so far, in view of the WP(C).10911/09 2 election to the Lok Sabha and especially, in the light of the direction contained in Exhibit P7. 2. The petitioner thereafter filed a fresh representation before the Government as per Exhibit P8. Learned counsel for petitioner submits that the situations in the family requires her presence, there especially since her husband expired on 31.10.2008. It is also submitted that she is due to retire from service on 31.8.2009 and being a member of the Scheduled Caste community, she is entitled to have a positing in a station of her choice. It is also pointed out that the children are only studying and her aged mother is with her. Learned counsel for the petitioner also submits that the petitioner's claim for transfer may be directed to be considered for giving her a suitable posting, either in Palakkad or at Thrissur, so that she could be near to her permanent place of residence. 3. Therefore, there will be a direction to consider and pass orders on Exhibit P8 within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE vgs.