IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 20465 of 2008(J) -------------------------- PETITIONER: ------------ DR.SINDHI.S., W/O.DR.SHAHIR SHAH, AGED 41 YEARS, ASST.SURGEON (GYNECOLOGY), TALUK HEAD QUARTERS HOSPITAL, PUNALUR. BY ADV. SRI. C.UNNIKRISHNAN KOLLAM SRI. S.HARIKRISHNAN RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 20465 of 2008 --------------------------------- Dated this the 15th day of July, 2008. JUDGMENT The petitioner who has been promoted as Civil Surgeon is aggrieved by her transfer from Punalur to Irinjalakuda. The petitioner submits that there is vacancy in the promotion post at Punalur and that going by the Government order which confers the benefit of inter caste marriage the petitioner claims that she should have been accommodated at Punalur. The Government Orders in this regard conferring the benefit of the inter caste marriage are produced as Exts.P3 to P6. In my view, the claim of the petitioner on the basis of Ext.P3 to P6 may be specifically brought to the notice of the Government. Learned Government Pleader points out that the said benefit may not be available in the case of transfer accompanying promotion. Learned counsel for the petitioner refers to Ext.P6. Clause (2) of Ext.P6 reads as follows:- “ It was further clarified in the G.O. 3rd cited that the employees who have entered into inter- WPC.20465 /2008 2 caste marriage and secured posting to a particular station by virtue of the orders in the G.O. 2nd cited will not be disturbed from that station even after getting promotion unless there is no promotion post in that station. “ 2. He further submits that there is a vacancy in the promotion post of Civil Surgeon at Punalur currently being occupied by another Civil Surgeon who is not entitled to the benefit of Exts.P3 and P4. This aspect may be considered by the Government. 3. In the result, the writ petition is disposed of permitting the petitioner to approach the Government seeking the benefit of Exts.P3, P4 and P6 and a posting in Punalur. If a request is filed within two weeks, it shall be considered and a decision shall be taken thereon by the Government, within a period of four weeks thereafter. The Government shall in the meanwhile consider whether it is possible to accommodate the petitioner near Punalur, if she is relieved pursuant to Ext.P1. V. GIRI, JUDGE. Pmn/ WPC.20465 /2008 3