IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 19621 of 2009(W) ------------------------------------- PETITIONER(S): ------------------------- DR.SHAILA.M.A,W/O.SHARAHUDHEEN.A, RESIDING AT OOTUKUZHI HOUSE,AZHICODE,KARAKULAM, THIRUVANANTHAPURAM-695564.(NOW WORKING AS MEDICAL OFFICER(HOMOEO),ARYANAD,THIRUVANANTHAPUAM) BY ADVS.MRI.A.JAYASANKAR MR.MANU GOVIND RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REPESENTED BY ITS SECRETARY,DEPARTMENT OF HEALTH AND SOCIAL WELFARE SERETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HOMOEOPATHY,DIRECTORATE OF HOMOEOPATHY,THIRUVANANTHAPURAM-23. 3. DR.SHANAVAS.S,MEDICAL OFFICER(HOMOEO), GOVT.HOMOEO DISPENSARY,VELLAMUNDA,WAYANAD. 4. DR.SABIRAJ.S,MEDICAL OFFICER(HOMOEO), GOVT.HOMOEO DISPENSARY,KOCHUKARIKKAKAM, TRIVANDRUM. BY GOVT. PLEADER SMT.T.B.RAMANI ADV. MR.R.ANILKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19621/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROVISIONSL LIDY FY. 20.5.09 BY 2ND RESPONDENT . P2:- COPY OF THE FINAL LIST DT. 6.6.09 BY 2ND RESPONDENT. P:- COPY OF THE OBJECTION DT. 11.6.09 FROM PETITIOENR TO 2ND RESPONDENT. P4:- COPY OF THE LETTER DT. 11.6.09 FORWARDING EXT.P3 TO 2ND RESPONDENT. P5:- COPY OF THE MEDICAL CERTIFICATE DT. 13.6.08 FROM MEDICAL BOARD, MEDICAL COLLEGE, TRIVANDRUM CERTIFYING 42% PHYSICAL DISABILITY . P6:- COPY OF THE CIRCULAR NO.110736/SDI/77/GAD DT. TRIVANDRUM , 3RD SEPTEPMBER, 1977. P7:- COPY OF THE CIRCULAR NO.130558/SDI/82/GAD DT. TRIVANDRUM , 10TH MARCH, 1983. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE REPRESENTATION DT. 27.2.2009. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19621 OF 2009 --------------------------------------- Dated this the 20th day of July, 2009. J U D G M E N T The petitioner is aggrieved by Exhibit P2 order of transfer whereby she is transferred from the present station to Government Homoeo Dispensary, Kaduvakkulam in Kottayam District wherein a vacancy will arise due to the promotion of Dr.Padmakumari. In the place of the petitioner, the 3rd respondent is ordered to be transferred from Government Homoeo Dispensary, Vellamunda in Wayanad District. The 4th respondent is presently working in Government Homoeo Dispensary, Kochukarikkakam from where, going by Exhibit P2, he is ordered to be transferred to G.H.H., Attingal. 2. The petitioner has taken out notice by special messenger to respondents 3 and 4. The 4th respondent has filed a counter affidavit. The 3rd respondent has not filed any counter affidavit. 3. It is pointed out by the learned counsel appearing for the petitioner that subsequent to the filing of the writ petition, W.P.(C) No.19621/2009 2 Dr.Padmakumari had already been promoted and apart from that, two other Medical Officers namely, Dr.Legy Lal of Nandiyod, Thiruvananthapuram and Dr.Premalatha of Ponganad, Thiruvananthapuram are shortly to be promoted as Chief Medical Officers. It is therefore, submitted that two more vacancies will arise in Thiruvananthapuram District whereby the 3rd respondent could be accommodated without disturbing the petitioner. 4. The petitioner is aggrieved by the transfer in view of the fact that she is a physically disabled person having 42% permanent disability. This is supported by Exhibit P5 Disability Certificate issued by the Medical College Hospital, Thiruvananthapuram. 5. The petitioner is working in the present station only from the year 2007. Apart from that, her two minor school going children and the husband are residing along with her, and the husband is having a non-transferable job as Stores Assistant in Keltron, Thiruvananthapuram. Accordingly, the petitioner has filed Exhibit P3 before the Director of Homoeopathy, Thiruvananthapuram through proper channel, which has already been forwarded by Exhibit P4 by the District Medical Officer. W.P.(C) No.19621/2009 3 6. Going by Exhibit P1 draft list showing transfers of various officers, the petitioner's name was not at all included therein. Actually, the 3rd respondent was proposed to be transferred to Attingal to which place presently the 4th respondent is transferred. The 4th respondent was working in Idukki District from where he was transferred to Kochukarikkakam in Thiruvananthapuram District. 7. According to the learned counsel for the 4th respondent, the 4th respondent had filed Exhibit R4(a) representation seeking for convenient accommodation and that is why in the order Exhibit P2, the 4th respondent was accommodated in Attingal. 8. Be that as it may, if two more vacancies will arise in Thiruvananthapuram District, the 3rd respondent could be accommodated since he is brought from Wayanad District itself. The same can be done without disturbing the petitioner obviously. Therefore, there will be a direction to the second respondent to consider Exhibit P3 in the light of the facts pleaded by the petitioner and pass appropriate orders. The same shall be done within a period of one month from the date of receipt of a copy of W.P.(C) No.19621/2009 4 this judgment. Till orders are passed, Exhibit P2 as far as it transfers the petitioner from the existing Government Homoeo Dispensary to Kaduvakkulam will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp