IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 31060 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ LT.COL.MARY KUTTY CM, NR 18603-Y, AGED 48 YEARS, W/O.LATE DR.O.I.ANTONY, "NURSING OFFICER/GD MATRON", INHS SANJIVANI, NAVAL BASE, KOCHI, NOW RESIDING AT "QTR NO.123 KB", NAVAL BASE, KOCHI. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (DEFENCE), MINISTRY OF DEFENCE, NEW DELHI. 2. THE DIRECTOR GENERAL OF MEDICAL SERVICES(ARMY), ADJUTANT GENERAL'S BRANCH, INTERGRATED 11 Q OF MoD (ARMY), "L"BLOCK, NEW DELHI-110 001. 3. THE ADDITIONAL DIRECTOR GENERAL OF MEDICAL SERVICES(ARMY), ADJUTANT GENERAL'S BRANCH, INTEGRATED 11 Q OF MoD (ARMY), "L"BLOCK, NEW DELHI-110 001. 4. THE COMMANDING OFFICER, INHS SANJIVANI, NAVAL BASE, KOCHI. R1 TO R4 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.31060 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2010 J U D G M E N T The petitioner is a Nursing Officer/GD Matron in the Navy. She is presently working at INHS Sanjivani, Naval Base, Kochi. Petitioner's sister is a cancer patient who is under treatment in various hospitals as evidenced by Ext.P4 medical certificates. The petitioner's sister is a dependant of the petitioner and her condition is very critical. Petitioner's grievance now is that, by Ext.P5 she has been transferred to 166 MH Jammu, which according to the petitioner is against transfer guidelines. The petitioner further submits that, petitioner is entitled to be retained in Kochi on compassionate grounds. The petitioner therefore seeks the following reliefs: “1. To call for the records leading to exhibit P5, initiating steps to transfer the petitioner to 166 Military Hospital, Jammu, and set aside the same by issuing a writ of certiorari or other appropriate writ. 2. To issue a Writ of Mandamus order or direction commanding the second and third respondent to retain the petitioner to the post of nursing officer/GD Matron in the office of the fourth respondent.” 2. The learned Assistant Solicitor General has filed a statement wherein he has given the details of the petitioner's W.P.(C)No.31060 of 2010 -2- postings. According to the Assistant Solicitor General, taking into consideration her sister's illness, the petitioner has been given all accommodation possible under the circumstances and if the petitioner wants to continue for six more months at Kochi she can very well do so by availing of leave available to her credit. It is further submitted that, Ext.R2 is the transfer norms and the respondents have not violated any of the transfer norms. 3. The counsel for the petitioner submits that, under Clause 10 (e) of Ext.R2 request for posting on compassionate ground is liable to be considered and by Ext.P6, the petitioner has forwarded her application for consideration under Clause 10 (e) which the appropriate authority has not yet considered. Therefore the petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P6 which the petitioner has forwarded by registered post. 4. I have heard both sides. 5. Clause 10 (e) of Ext.R2 reads thus: “The posting on compassionate ground with the medical problems like Cardiac, Kidney ailments, Cancer etc. of dependant parents, spouse, children to be forwarded with supporting documents for the medical problems of an Armed Forces hospital and also proof for being dependant especially for parents, siblings i.e. a copy of Part II order.” W.P.(C)No.31060 of 2010 -3- That evidently shows that the petitioner has a right to seek posting on compassionate ground on the ground of serious illness like cardiac and kidney ailments and cancer of dependant siblings. Therefore when the petitioner has filed Ext.P6 the 2nd respondent has a duty to consider and pass orders on the same expeditiously. The fact that the petitioner has leave to her credit cannot be a reason not to consider her claim under Clause 10 (e) of Ext.R2 if she is eligible for the benefit. Accordingly the writ petition is disposed of with the following directions: The 2nd respondent shall consider and pass orders on Ext.P6 as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till orders are passed on Ext.P6, the petitioner shall be retained at Kochi. S. SIRI JAGAN JUDGE shg/