IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 6861 of 2011(G) ----------------------------------- PETITIONER: ------------------- SASILEKHA.P.K, LADY HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, KADANNAPPALLY, KANNUR DISTRICT, W/O.C.M.MOHANDAS, AGED 48 YEARS, RESIDING AT SREERAGAM, ERUMELI SOUTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN-686 509. BY ADVS. SRI.M.M.ALIAS SRI.C.SREEJITH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM-695 001. 3. DISTRICT MEDICAL OFFICER, KANNUR-671 001, KANNUR DISTRICT. 4. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KADANNAPPALLY, KANNUR DISTRICT-671 001. BY GOVERNMENT PLEADER SHRI.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KRK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6861 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of March, 2011 J U D G M E N T The petitioner is a Junior Public Health Nurse Grade II. She worked for 15 years in Idukki District. She has been constantly representing to the Government for a transfer to her native district namely Kottayam district insofar as the petitioner hails from Erumeli. The petitioner's younger son aged 16 years is suffering from cerebral palsy and Arthrogyposis Multiplex. The doctors have assessed permanent disability at 60%, which includes mental and physical disability because of the rare disorder her son has been afflicted with. Therefore her son has to be constantly looked after. In the meanwhile the petitioner's husband has been advised to have a cardiac surgery on account of cardiac disease. The petitioner had earlier approached the Government and by Ext.P4 dated 18.08.2004, the Government had directed the District Medical Officer W.P.(C)No. 6861 of 2011 -2- (Health) Kottayam to issue necessary orders posting the petitioner at a station convenient to her, subject to availability of vacancies. Despite the same, the petitioner has now been transferred to Kadannappally Public Health Centre as Lady Health Inspector on 15.12.2010. It is under the above circumstance the petitioner has approached this court seeking the following reliefs: (i) to issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to transfer the petitioner forthwith from primary health centre, Kadannappilly, Kannur District, so as to enable her to join at any of the Primary Health Centre in Kottayam District. (ii) To declare that respondents are liable to transfer the petitioner from Primary Health Centre, Kadannappally in Kannur District to any of the Primary Health Centre in Kottayam District. (iii) To consider and pass appropriate orders in Ext.P8 representation pending disposal of the Writ Petition. I am of opinion that it is surprising that despite the Government showing sympathy to her by Ext.P4 that sympathy has not permeated to the District Medical Officer who is to give a posting on transfer to the petitioner. I am of opinion that the petitioner's case necessarily deserves sympathy. In the above circumstance this writ petition is W.P.(C)No. 6861 of 2011 -3- disposed of with a direction to the respondents to see that the petitioner is given a posting in Kottayam district in one of the vacancies which would arise on retirement on 31.03.2011. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/