IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 W.P(C).No. 29643 of 2008(D) ---------------------------------- PETITIONER(S): ----------------- DR.NADIA JAFER, NEETHU MAHAL,MOLOTH ROAD UNICHIRA, P.O.THRIKKAKARA, KOCHI-682021. BY ADV. SRI. ELVIN PETER P.J. RESPONDENT(S): ------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCAITON, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. 3. THE STATE MISSION DIRECTOR (AROGYAKERALAM),STATE PROGRAMME MONITORING & SUPPORT UNIT, NRHM, DIRECTORATE OF HEALTH SERVICES THIRUVANANTHAPURAM. 4. THE PRINCIPAL, T.D.MEDICAL COLLEGE, ALAPPUZHA. BY ADV. SRI. RAVEENDRAN, ADDL. DGP ADV. M.A. AJAY, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 29643 OF 2008 D = = = = = = = = = = = = = = = Dated this the 31st day of October 2008 J U D G M E N T The petitioner who is presently working as a senior resident in the T.D. Medical College, Alappuzha, wanted a posting near to her place of residence at Kochi. Accordingly, on a request made by the petitioner Ext. P6 order was issued by the 3rd respondent, transferring her to Ernakulam District and posting her at the Taluk Headquarters Hospital, North Parur for a period of 2 years. Despite Ext. P6 she was not relieved by the Principal of the Medical College and with that grievance the writ petition was filed. 2. The learned Govt. Pleader has entered appearance. According to the learned Govt. Pleader, the transfer effected by the 3rd respondent was incompetent in view of the Govt. Order dated 26.2.2008. It is also stated that in view of the acute shortage of Doctors in the Department of Anaesthesiology in the T.D. Medical College, Alleppey, the Director of Medical Education by his W.P.(C) No. 29643 OF 2008 -2- communication dated 10.10.2008 requested the 3rd respondent for cancellation of Ext. P6. Accordingly, the 3rd respondent has issued order dated 28.10.2008 the relevant portion of which reads as follows: “Since then the Director of Medical Education has strongly represented to the State Mission Director, National Rural Health Mission to retain her at Medical College, Alappuzha itself as the Dept. of Anaesthesiology is facing acute shortage of Anaesthesiologists. Considering the gravity of the situation at Medical College Alappuzha the earlier order No. NRHM/Ad,mn1/3082/08/SPMSU dated 26.9.2008 will be effectuated and she will be relieved from Medical College, Alappuzha only when a substitute is posted and joined.” 3. In view of the order dated 28.10.2008 issued by the 3rd respondent as above, this Court will not be justified in directing that the petitioner be relieved at this stage. However, it is directed that as and when a substitute is posted in her place and the substitute joining the post the direction in the order dated 28.10.2008 that the petitioner will be relieved in pursuance to Ext. P6, shall be implemented. 4. Petitioner secured Post Graduate admission by furnishing a bond, undertaking to serve the Government after her course. It is W.P.(C) No. 29643 OF 2008 -3- in pursuance to the said obligation, that she is posted at the Medical College. She has a case that the bond is liable to be quashed as it violates her fundamental rights. She is also pleading for equal pay as against the consolidated pay that is now being given. However, the Government have issued order dated 7.10.2008, revising the terms of Doctors like the petitioner and since the learned Addl. D.G.P. submitted that the benefit of the order will be available to the petitioner for the period from 7.10.2008, the aforesaid contentions no longer have any relevance. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-